An Effective Mechanism to Diminish Arbitrary Exercise of Discretionary Power free essay sample

An Effective Mechanism to Diminish Arbitrary Exercise of Discretionary Power â€Å"If judicial review of administrative decision is the heart of administrative law, then concept of natural justice is one of the suppliers of blood to that heart. It is inherent in rule of law and our thirst for justice. † Abstract Natural justice is considered to be as old as the system of dispensation of justice itself. Since its move toward administrative adjudication, it has been the defender of fairness and justice in exercise of discretionary power of administration. The artificial distinction between judicial and administrative adjudication has blurred. Natural justice ensures the minimum procedural fairness in administrative adjudication. Right to fair hearing before an impartial and unbiased forum has been the key to ensure fairness and diminish arbitrariness in exercise of discretionary power. This paper seems to propose that the battle between fairness and arbitrariness, however, has been a continuous one and natural justice keeps its role as diminisher of arbitrariness open to play. We will write a custom essay sample on An Effective Mechanism to Diminish Arbitrary Exercise of Discretionary Power or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page 1 Introduction Natural justice, as a concept relating to administrative adjudication, can be defined as the unwritten law of fairness. This age-old principle has been applied to administrative and adjudication process to ensure procedural fairness and to free them from arbitrariness. In Bangladesh, there is no statute providing for procedural fairness which administration should follow in exercise of discretionary power. It is natural justice which invokes the minimum fair procedures which should be followed in administrative decision making. This paper, in part two, will show that the concept of Natural Justice and its application in Justice delivery system is not new. It seems to be as old as the system of dispensation of justice itself. The Principles were accepted as early as in the days of Adam and of Kautilya’s Arthashastra. Then this paper will move to look into how concept of natural justice was invoked into the administrative decision making. It will be  shown that initially the principles of natural justice used to be applied to courts of law alone but later on from judicial sphere it extended, to the tribunals exercising quasi-judicial functions and then to the statutory authorities and the administrative authorities, who have upon them, the responsibility of determining civil rights or obligations of the people. After examining application of the concept in administrative adjudication, the paper will concentrate in examining two basic principles of natural justice to how these principles diminish arbi trary exercise of discretionary power. In this part, it will be revealed that natural justice ensures minimum procedural fairness in administrative decision making. It precludes a partial and biased tribunal from adjudicating. It obliges the tribunal to provide show reasons of its decisions with precisions. While fair tribunal is less probable to decide arbitrarily, showing reasons for the decision decreases significantly limits the scope of whimsical and arbitrary decision making. In at the end of the paper, it will be proposed that the Battle between fairness and arbitrariness has been a continuous one and natural justice has fought to defeat arbitrariness. Since its move toward administrative adjudication, natural justice has been the defender of fairness and justice in exercise of discretionary power of administration. 2 Natural justice: the ‘unwritten law of fairness’ Natural justice implies fairness, equity and equality. This age-old principle has been applied to administrative and adjudication process to ensure procedural fairness and to free them from arbitrariness. Different jurists have described the principle in different ways. Some called it as the unwritten law (jus non scriptum) or the law of reason. It has, however not been found to be capable of being defined, but some jurists have described the principle as a great humanising principle intended to invest law with fairness to secure justice and to prevent miscarriage of justice. With the passage of time, some principles have evolved and crystallised which are well recognized principles of natural justice. Today the question of control of administrative discretionary power is perhaps the most critical and crucial problem of administrative law. In modern democracies the role and jurisdiction of administrative agencies is increasing at a rapid pace. The concept of Rule of Law would loose its validity if the instrumentalities of the State are not charged with the duty of discharging these functions in a fair and just manner. However, there is no statute laying down the minimum procedure which administrative agencies must follow while exercising decision-making powers. This minimum fair procedure refers to the principles of natural justice. Lord Viscount Haldane outlined principle of natural justice in the following word: â€Å" those whose duty it is to decide must act judicially. They must deal with the question referred to them without bias and they must give to each of the parties the opportunity of adequately presenting the case made. The decision must come to the spirit and with the sense of responsibility of a tribunal whose duty it is to meet out justice. † Natural justice, as a concept of common law, represents higher procedural principles developed by the courts, which every judicial, quasi-judicial and administrative agency must follow while taking any decision adversely affecting the rights of a private individual. The principles of natural justice were associated with a few ‘accepted rules’ which have been built up and pronounced over a long period of time. The word ‘Natural Justice’ manifests justice according to one’s own conscience. It is derived from the Roman Concept ‘jus naturale’ and ‘Lex naturale’ which meant principle of natural law, natural justice, eternal law, natural equity or good conscience. Lord Evershed, Master of the Rolls in Vionet v Barrett (1985, 55 LLJ QB, 39, Page 45) remarked, â€Å"Natural Justice is the natural sense of what is right and wrong. There is no statute laying down the minimum procedure which administrative agencies must follow while exercising decision-making powers. This minimum fair procedure refers to the principles of natural justice. Natural Justice is an expression of English common law. Lord Viscount Haldane outlined principle of natural justice in the following word: â€Å" those whose duty it is to decide must act judicially. They must deal with the question referred to them without bias and they must give to each of the parties the opportunity of adequately presenting the case made. The decision must come to the spirit and with the sense of responsibility of a tribunal whose duty it is to meet out justice. † While the term natural justice is often retained as a general concept, it has largely been replaced and extended by the more general duty to act fairly. Parpworth in his ‘Constitutional and Administrative Law’ views that linguistic difficulties with natural justice have forced the courts, in recent time, to use fairness as a concept to ensure minimum procedural propriety. Lord Parker C. J. in Re H. K. [1967] 2 Q. B. 617, 630 (C. A.) said that ‘[it] is not, as I see it, a question of acting or being required to act judicially, but of being required to act fairly’. Concept of natural justice has a close relation with fairness. The Supreme Court of India outlined the relation of fairness with natural justice in the following words: ‘Indeed, natural justice is a pervasive facet of secular law where a spiritual touch enlivens legislation, administration and adjudication, to make fairness a creed of life. It has many colours and shades, many forms and shapes and, save where valid law excludes, it applies when people are affected by acts of authority. It is the bone of healthy government†¦.. Thus ‘natural justice’, as a concept relating to administrative adjudication, can be defined as the unwritten law of fairness. In Bangladesh, there is no statute providing for procedural fairness which administration should follow in exercise of discretionary power. It is natural justice which invokes the minimum fair procedures which should be followed in administrative decision making. 3 The First Man’s experience with natural justice: A Twenty First Century Analysis The concept of Natural Justice and its application in Justice delivery system is not new. It seems to be as old as the system of dispensation of justice itself. The Principles were accepted as early as in the days of Adam and of Kautilya’s Arthashastra. According to the Bible and Quran, when Adam amp; Eve ate the fruit forbidden by God, the God did not pass sentence on Adam before he was called upon to defend himself. Concept of natural justice was known to Greek and Romans. Aristotle, before the era of Christ, spoke of such principles calling it as universal law. Justinian, in the fifth and sixth Centuries A. D. called it jura naturalia i.

Characteristics of a Strong Governor essays

Characteristics of a Strong Governor essays The office of governor is a position that has gained strength over the years. Under the tenets of Jackson, governors became elected officials, which was more democratic and better for the state government system. (641) Many states have strengthened the office of governorship by positioning the role of lieutenant governor as running mate. This automatically eliminates the occurrence of a lieutenant governor that may In theory, the governor enjoys the same advantage over Congress in his or her ability to "make policy decisions and to embody these in a program on which the state legislative body can act" (Schmidt 642). In order for a governor to enjoy this type of power, however, many factors must come into playmany of them beginning with the governor as a person. To be a strong governor, one must be a leader that not only has good ideas, but also one who can motivate others about those new ideas. In other words, he must have good communication skills to have this kind of influence. This influence must be strong a confident because it needs to not only reach through the state legislation, but extend into the community and reach the voters as well. The governor is expected to be the state's chief policy makers well as direct the state's budget. A strong and successful governor will exercise caution in areas of spending and resist raising taxes. Governors who raise taxes or increase the state's deficit Much of a governor's power comes from his or her powers of persuasion. Knowledge of the job, solutions to problems, and the ability to communicate are also critical in order for a governor to enhance his or her position. If a governor already has the support of powerful political organizations, policy can be guided and implemented much easier. A governor's power is also limited by the power by which he or she can garner the state's ...

Factors that Influence the Volatility in Exchange Markets in China Research Paper

Factors that Influence the Volatility in Exchange Markets in China - Research Paper Example Factors that Influence the Volatility in Exchange Markets in China Foreign exchange influences the countries ability to conduct business relations with its trading associates. Therefore, the factors, which control the exchange patterns of a countries currency, become vital to it. Considering this, the Central banks have the mandate of monitoring the exchange fluctuations of the currency. It is in a position to instill stability of the currency by tightening the financial policies of exchange rates of banks and bureaus. The first role includes the â€Å"transfer function† which is essential in facilitating the transfer of the purchasing capacity of the trading countries. For example, if the exchange rate US is superior to that of China, for instance 2.68 Yuan: 1$, the Chinese firms will incur more to import from US. The second is the â€Å"credit function† role that entails the provision of credit for foreign trade. The transfer of commodities takes time, and this transit period requires financing. The trader’s exchange agents and banks furnish the foreign traders with credit facilities to facilitate trade. Thirdly, the exchange rates assist in hedging against the variation of the currency markets. The exchange rates market has structures that importers and exporters can use to evade the excessive costs and risks of exchange rate patterns. Hedging enables corporations evade the exchange risks through exchange agreements by using the following rates: Fixed exchange rates, Forward exchange rate and Spot rate. Relevance of Spot Exchange Rate (SER) in exchange markets The spot rate is the existing transfer rate of foreign currencies in comparison to the home currency (Wang, 2009). This rate is determines by the existing economic situations in a country. Interestingly, the political circumstances of the country also have a considerable effect on the exchange rates. Therefore, changes in the fu ture expectations can disrupt the current spot rate. Miller (2002) suggests Spot rates are crucial since they depict the

THEARTER the play The Zoo Story by Edward Albee Thesis

THEARTER the play The Zoo Story by Edward Albee - Thesis Example Jerry is an fairly attractive, repressed homosexual male in his late thirties whose demeanor suggests a man who has known better days. It is difficult to determine Jerry's exact socio-economic status because, although he has clearly fallen on hard times, living in a single room in a boarding house along with an assortment of society's rejects, Jerry is very intelligent and it is clear from his few, reported possessions, that he is probably a writer, or at the very least, a struggling writer. Jerry comes from a lower class background than Peter and has never known life on the upper east side of Manhattan. Jerry initiates the action at the beginning of the play in a direct, aggressive manner telling Peter, a total stranger, "I said, I've been to the zoo. MISTER, I'VE BEEN TO THE ZOO!" He is clearly the one with a mission and that mission is to make a connection with another human being. His desire is so strong that it is the driving force of the play. Once Jerry connects with Peter by eliciting his attention with the promise of "what happened at the zoo", he is able to unburden himself with his life story that culminates in "THE STORY OF JERRY AND THE DOG".

Strategy -Asos Case 6 Study Example | Topics and Well Written Essays - 250 words

Strategy -Asos 6 - Case Study Example Apart from its wide range of products, the company attracts over 3.3 million shoppers each month. Given such obscene numbers, it is imperative that the online store implement a very effective operation to meet its commitments to its customers such as providing customer service, and fulfilling orders from the customers. The company has done well in a very competitive business. E-commerce is a very dynamic industry; more so for the fashion business. Given the rise in demand for goods online each year, the company managed to structure its management and proprietorship in such a manner that the right decisions were made at the right time; for the good of the business. When the company started, its staff was considerably small, but it has grown, and so has its warehouse size. Adequate space is required for storage. The company has managed to position itself well to capture market share that it did not command before through a number of creative ways. The primary tool of achieving success is a motivated staff; and proper internet marketing tools. Communication has also been at the center of action; as proper modes and channels of communication have become necessary given the increase in size of the company. Planning, resources, communication, and keeping in touch with the needs of the customers are the tools that have spurred asos.com to

Consequences and Benefits of Liberalism

Consequences and Benefits of Liberalism Liberalism as a political idea has become far too complicated. It appears there is as much liberalism as there are liberals. Some of which are: libertarianism, classical liberalism, bleeding heart liberalism, economic liberalism, political liberalism, social liberalism, high liberalism, objectivism, anarcho-capitalism, and most popularly neo-liberalism. It is safe to say that these numerous views on Liberalism amount to an opaque understanding of liberalism, which needs to be sorted out instantly. The controversial question is ‘’ what exactly is liberalism and what are the best ways to achieve maximum utility in the economy as well as the society via liberalism? Due to the inconclusive nature of this term, various economists have their distinct views on liberalism, ranging from absolute freedom to, liberalism with use of force, to feminism and liberalism, liberalism and its response to corporate political spending, liberalism and public reason and so on. Milton Friedman assesses political liberal thought from the 17th century to today. He explains that over the past 350 years, liberalism has been responsible for the progressive change that has taken place in the United States and England. Friedman believes that the success of liberalism is based on the initial idea of liberalism itself, and observes, that this ideology is committed to progress and has as its goal, the improvement in the preference of people both politically and economically. Regardless of this, liberalism has been criticised by the conservative agenda, which is of the opinion that there is an excess impact of government in liberalism, which contradicts the initial idea of th e term itself. Friedman is of the belief that the government engages in reckless spending, high taxation and monopolizing world power. However, liberalism holds that while government has power, the power should be limited; therefore the government has the duty to respect the liberty of individuals, tolerate religious groups, making modern democracy and outgrowth of liberalism. Liberalism is based on the idea of democracy; therefore its principles should be based factors that promote minimal government intervention on economic issues and maximum voice of the people. Some of these issues related to liberalism are as follows; the determination to get past nationalism. Liberalism should prioritize free movement of labour as well as capital. Basically, this view is against the existence of boarders, therefore it calls for advanced countries, to make major investments in 3rd world countries in order to elevate them to the point where emigration becomes optional as opposed to an act of sur vival. The bottom line of this view is the belief that the entire world should be a single economic zone. When this happens human potential can be fully maximized, hence labour’s ability to reach its maximum value. Secondly, education should be easily attainable, and should have no actual beginning and an end, hence the abolishment of an authoritarian structure of the traditional university. Education should not prepare individuals to serve others, but should acquire a global sense of joy and pleasure, a movement of play and adventure it has lost. Finally, the money economy must end in order for there to be diverse lifestyle. Neoliberalism is the theme of the current economy we live in; therefore exploitation is simply seen as a means to an end. Friedman’s view enables us to see reasons why liberalism should change the view of the economy and how it measures progress.   According to Friedman’s view, based on the initial idea of liberalism, separating human action from money and removing the need to accumulate money as a function of physical survival, new forms of human relationship, will come into being that we can hardly anticipate yet. Art will at last become democratized and liberating, because its compromise with money will not be a factor. Contrary to Milton Friedman’s view on liberalism and the ideal form it’s supposed to take, Liberalism is not as straightforward as it sounds. Greener, another economist is of believe that, liberalism and force are immensely related. He points out the fact that regardless of what we believe liberalism to be, the issue of military action may appear to be a contradiction. According to Greener, in the 1980’s, some authors have tried to show the relationship between liberalism and democracy, stating that liberalism promotes peaceful relations. There is a strong belief that liberalism is the nucleus of democracy. Regardless of these relations, greener believes that people are brainwashed and believe that there is only one view of liberalism; hence we have become programmed to do what the leaders of economy want, without even knowing it. Greener believes that there are actually various liberal approaches based on the priority that is given to the values that are held. H e is strongly of the opinion that liberal approaches differ because of the emphasis placed on different values. Some of the values that are part of the liberalism are tolerance and consent versus progress and civility, or values of cosmopolitanism versus communitarianism. Liberalism and the use of force could be justified on the grounds that’s there are different values, such as self-defence, or the creation of liberal entities. Liberals highlight the necessity of military forces in order to protect liberal societies and states.   This is a paradox in itself but greener lays emphasis on the importance of rights, rule of law, individualism, tolerance and consent. The idea of the comprehensiveness of liberalism, based on concept of progress and a resolute view of development and civility, provides a major site of altercation in speculating about the use of force when apposed against ideals of tolerance and consent. The second part of the article examines this key site of deba te and explores the tension between cosmopolitan and communitarian views point out the various instances   the deployment of militaries can be justified by which of those liberal terms. Finally, with some reflections about the urgent need for those of us in the international relations field to be able to articulate just what kinds of liberal values are being pursued in the global arena so that we may better assess future actions undertaken in the name of liberal values. An interesting question to ask is, is feminist political liberalism possible? Hartley. C and Watson lay emphasis on the relationship between feminism and liberalism. The ideal idea behind liberalism is to promote equality, but feminism recognizes in the liberal capitalist system that there is still gender inequality. The fact is the liberal principles include democracy, tolerance and equality for all citizens. Besides that, liberalism holds many different comprehensive doctrines as reasonable. The position taken is that political liberalism can be feminist, as far as particular political conceptions of justice can have feminist content’’, but also because the core commitments of political liberalism is geared only to secure genuine substantive equality for all, including women’’(p122). Feminism was simply the application of liberal principles to women. Women were seen as having fundamentally the same nature and interests as men and thereby entitled to the same rights. Thorough feminists in the 1970’s strongly opposed the liberal assimilation of womens claims; based on the belief that liberal conception of person did not signify women’s nature.   They insisted that although  Ã‚   the liberal individual was based on impersonal notion and coherence, womens moral life was entrenched in her body and emotions.   Higgins, T.E supports this point by enlightening us on how liberalism has limited has limited the usefulness for promoting feminism. She lays emphasis on this point by stating that liberalism does not really define an agenda that guarantees women’s rights and improvements in women’s condition in society. Higgins basically sees liberalism as holding many of the contradictions that prevents it from being a theory that could stand strongly in favour of feminism. Higgins claims that liberalism holds that there are commitments to equal citizenship in the public as well as in private realms, hence creati ng the corresponding conflict, due to the lack of agreement as to where the boundary is, between public and private. Higgins claims that for a theory to be considered liberal there has to be some agreement as to a robust boundary defining these two. Basically this just means that, for something to be liberal it has to respect the liberty of choice and people must be considered as having equal worth as choosers. Unfortunately, she is of the belief that liberalism disregards boundaries and fails women in the private area. Seeing that womens difference develop into an illiberal nature in contrast to liberal man, the identical issues are raised as those that occur in the cultural case, although as well as     the mere fact that men and women would seem to have to live together in the private realm if the race is to be satisfactorily continued. Women are not treated as a self-reproducing cultural group. Nevertheless, illiberal women could be distinctively represented in the public sphere. This would turn into a compromise between the representatives of conflicting values. One could argue that woman be viewed as a weaker group whose members need an element of preferential treatment in order to attain equality on all grounds, but this view is heavily frowned on, due to the mere fact that it contradicts the idea of liberalism, which is treat everyone equally. Liberalism can also been viewed from the point of view of public reason. Macedo.S criticizes the society, showing many areas in which liberalism has shown shortcomings. He criticizes the fact that many liberal societies condone war through their war like foreign policies. He is also goes further to criticize the way in which the society accepts the unequal treatment of African Americans, the poor as well as the disabled and the way it marginalizes and excludes people. In addition to that, he sees society as mobilizing people to work on their behalf. Other areas of criticism that have been raised include sexual permissiveness, the lack of commitment in marriage and the divorce that has become commonplace, as well as the practice of abortion. As Macedo explains, He believes the society ‘’should be like Jesus’ ‘and not be as focused on materialism, consumerism and self- concern as they are. The materialistic nature, catalysed by the hunger for profit maximizati on, has led to gross exploitation of individuals, increasing the gap between the poor and the rich. This neoliberal effect contradicts the value and practices that liberalism supports. Liberalism seems to be inevitable in the global economy we live in and has significant impact on every economy. The European economy is the one of the most dominant and Pheiffer.C review of resilient liberalism in Europe’s political economy enlightens us on how liberalism appears to have lost its dominance in society with capitalism being the means of moving ahead of progress. But it appears that’s liberalism had to make some changes, and as Pheiffer maintains, liberalism shows that it was resilient and emerged as neo-liberalism, and supported competitive markets, with global free trade, and capital mobility, with a state that is no longer in charge and wanting to help everyone, but rather a state that Is there to provide support the growth of business.   Liberalism that had existed for so many years came under attack but still maintained most of its principles, although it’s constantly moving towards the idea of smaller government intervention. Liberalism has transformed into neo-liberalism and has compromised its principles in light of what it sees as progress. Laying emphasis on minimal government intervention and the increased transformation of liberalism to neo-liberalism, Isaacs, D.M, in his review of liberalism’s response to corporate political spending, talks about how liberalism is ‘’the intellectual movement that emphasizes freedom as the ultimate goal and the individual as the ultimate entity in society, pertaining to a free man’’ This basically means, in a society where there is liberalism, , there is minimal effort to limit and restrain individuals. Isaac’s claims that regardless of the fact that liberalism is about freedom as well as progress, corporate political spending is inconsistent with liberalism because it undermines government’s ability to fulfil its proper role; weakens the checks and balances that the separation of political and economic power places on political authority, and reduces the ability of individuals to counter special interests (Isaacs, p12). Ironically, he enlightens us on a major similarity between liberalism and conservatism, showing how liberalism embraces some of the thinking of conservatism. Both liberals and conservationist believe in substantial economic growth, hence their gross support of neo-liberalism.   Both parties are of belief that neo-liberalism is the sole aim for economic growth, seeing no alternate factor. Due to their rigid views on neo-liberalism they fail to see any cons of this system, regardless of the fact that neo-liberalism is potentially responsible for obliterating various economies. Referring to the initial question, on what liberalism actually is, over the years, it has been able to transform itself. Due to the inevitable adaptation of globalization and its popularity in the world we live in today, the most dominant form of liberalism is neo-liberalism.   Personally, I have a neo-liberal perspective globalization, hence my support of profit maximization. I believe we earn what we work for, and it serves as an incentive to maximize efficiency. On the other hand, profit is not always maximized in a corporate socially responsible way, making exploitation the order of the day in neo-liberal system. Like everything in life, there is always a way to make the best of every situation. Neo-liberalism is undoubtedly inevitable; considering the adoption of globalization therefore we have to adopt ways to incorporate the neo-liberal view into an efficient economic and social system. Neoliberalism comes with some major issues as mentioned all through the essay, some of which are the increase in gap between rich and poor, increase in unemployment rate and after effects from globalization. However, these issues can be solved with one basic solution; the Government should partially take care of the market in the best way it can. To start of, the government should prioritize the welfare system so that less privileged individuals can get enough financial support to live a safe life. If the world is only dependent on laws of neo-liberalism, less privileged individuals find it impossible to earn any chance to   thrive nor enhance their economic conditions, however, they will get the opportunity to broaden their family budgets and go achieve their goals, when the government provides financial back-up to them. Personally, I am of the belief that it’s nation’s duty to support members of the society and inspire them to reveal their potentials for nation and themselves. Afterwards the legislative council should consider providing jobs for people. Some of the nations are aiding unemployed people by offering living expenses and find the jobs for them.   Due to this, there has been a significant reduction in the unemployment rate in those countries.   Finally, it will be helpful if the nation controls how much the country should be globalized. Globalization, due to its profit-making motive, has the potential to promote cultural neglect. Therefore, it’ll be vital for the government to supervise the balance between folk cultures and new cultures that both globalization and neo-liberalism have created.   What is liberalism? I ask again. Some say it is the maximum level of freedom, others say it’s a faà §ade for exploitation. Truth is, it is simply what we make it. Major economist like Milton Friedman has enlightened us on the positive consequences of liberalism; such as economic growth. While others such as Macedo and Hartely, highlight the weaknesses of liberalisms, emphasizing on how it has the potential to brain-wash individuals, due to the placebo effect that liberalism is the ultimate solution to all economic and societal issues; as well as its hidden discrimination against females respectively. After intense evaluation of liberalism, it is safe to say that the viral spread of globalization has made it inevitable, so as mentioned earlier; the best way to fully utilize this system is through the corporation of the government as well as the private sector in the right proportions. CITATIONS Friedman, M.B.(2015). In praise of liberalism: An assessment of liberal political thought from the 17th century to today. Review of contemporary philosophy, 14,11-36. Greener, B.K.(2011). Liberalism and the use of force: Core themes and conceptual tensions. Alternatives: Global, Local, political,36(3) Hartley.C.& Watson(2010). Is a feminist political liberalism possible? Journal of Ethics & Social Philosophy, 5(1), 121-142 Higgins, T.E.(2010). Feminism as liberalism: A tribute to the work of Martha Nussbaum Columbia Journal of Gender and Law, 19(1). Isaacs, D.M.(2014). An unexpected frond: Liberalism’s response to corporate political spending. Suffolk University Law Review, 47(2),1-30 Macedo, S. (2012). Hauerwas, Liberalism, and Public Reasons: Terms of engagement? Law and Contemporary Problems, 75(4) Pheiffer, C.F.(2013). Review of resilient liberalism in Europe’s political economy. The journal of philosophical Economics. 7(1),1-5 diZerega, G.(2011). Spontaneous order and liberalism’s complex relation to democracy. Independent review,16(2)

Metallica Essay -- essays research papers

â€Å"If you came here to see spandex and big hair, this ain’t your band†, Metallica’s â€Å"war cry† throughout the early eighties. While the rest of the hard rock bands wanted to get rich and a lot of women, Metallica, as in the words of former lead guitarist Dave Mustaine, â€Å"Our hole existence pretty much was guitar, dominating the world and getting liquored up†.   Ã‚  Ã‚  Ã‚  Ã‚  During the late 1970s and early 1980s, there was a new wave a British Heavy Metal entering the cassette and 8-track decks of people everywhere. Over in Denmark, current Metallica drummer Lars Ulrich, was a hug fan of this type of music. So obsessed with this music, Lars Ulrich wanted to start a heavy metal band... a band that he could play his favorite songs with.   Ã‚  Ã‚  Ã‚  Ã‚  On the other side of the globe, James Hetfield, Metallica’s current rhythm guitarist and lead singer, was looking to start a band of his own. His current roommate had taught him how to play guitar and James was very motivated to get something started. In effect, James had put a listing in a worldwide music magazine, The Recycler under â€Å"H† for â€Å"Heavy Metal†. James and Lars, were the only ones listed, so it was obvious that the two should talk to each other.   Ã‚  Ã‚  Ã‚  Ã‚  In the fall of 1981, the band â€Å"Metallica† was formed. Playing drums was Lars Ulrich, on bass guitar was Ron McGoveny, playing lead guitar was Dave Mustaine, and rhythm guitar and lead vocalist was James Hetfield. During the song writing process over the next few months, the band became very addicted to Alcohol. When drunk, Dave Mustaine would get very violent, while the rest of the band would get happy. Happy and Violent people just don’t mix. Ron McGoveny could not handle the situation with Dave, and so he left the band.   Ã‚  Ã‚  Ã‚  Ã‚  Lars, James, and Dave then went around to local clubs to check out bassists’ from other bands. At one club, they found Cliff Burton playing with a band called Trauma. Cliff Burton was a technical engineer and could do certain things on a bass that would make it sound like noises from a guitar. After the show that night, Lars, James, and Dave confronted Cliff asking him to join â€Å"Metallica†. Cliff said he would join, only if the band relocated from Los Angeles to San Francisco.   Ã‚  Ã‚  Ã‚  Ã‚  In Los Angeles, Metallica recorded their first demo... ...the Page,† written by Bob Segar, was placed on this album. James Hetfield states, â€Å"When I first heard this song, the lyrics spoke to me and I realized that this song was written for me, written for Metallica.† The Video released for this song showed a story of a prostitute trying to support and provide a normal life for herself and her daughter, accompanied by the song in the back-ground.   Ã‚  Ã‚  Ã‚  Ã‚  Since the start of Metallica, the members have always been about the fans, and for the fans. The members of Metallica consider themselves to be four lucky fans who got together in a garage. Metallica’s music goes much more deeper in emotions than rap and other new forms of â€Å"popular† music. Since the day I started listening to Metallica, there hasn’t been a day that went by where I didn’t listen to them. Metallica has a song for every person and every emotion. By cutting there hair, by changing what ways they allow their music to be produced, they have grown up. Metallica was started by 17 year olds and while they are in their ripe, current age 37, they will continue making music that suits them, and only them. For that reason, they have my full and undivided respect.

Deception Point Page 10

The President dropped a sugar cube into his mug. â€Å"As surprising as this may sound, the NASA discovery I'm referring to was made by EOS.† Now Rachel felt lost. If EOS had enjoyed a recent success, NASA certainly would have announced it, wouldn't they? Her father had been crucifying EOS in the media, and the space agency could use any good news they could find. â€Å"I've heard nothing,† Rachel said, â€Å"about any EOS discovery.† â€Å"I know. NASA prefers to keep the good news to themselves for a while.† Rachel doubted it. â€Å"In my experience, sir, when it comes to NASA, no news is generally bad news.† Restraint was not a forte of the NASA public relations department. The standing joke at the NRO was that NASA held a press conference every time one of their scientists so much as farted. The President frowned. â€Å"Ah, yes. I forget I'm talking to one of Pickering's NRO security disciples. Is he still moaning and groaning about NASA's loose lips?† â€Å"Security is his business, sir. He takes it very seriously.† â€Å"He damn well better. I just find it hard to believe that two agencies with so much in common constantly find something to fight about.† Rachel had learned early in her tenure under William Pickering that although both NASA and the NRO were space-related agencies, they had philosophies that were polar opposites. The NRO was a defense agency and kept all of its space activities classified, while NASA was academic and excitedly publicized all of its breakthroughs around the globe – often, William Pickering argued, at the risk of national security. Some of NASA's finest technologies-high-resolution lenses for satellite telescopes, long-range communications systems, and radio imaging devices – had a nasty habit of appearing in the intelligence arsenal of hostile countries and being used to spy against us. Bill Pickering often grumbled that NASA scientists had big brains†¦ and even bigger mouths. A more pointed issue between the agencies, however, was the fact that because NASA handled the NRO's satellite launches, many of NASA's recent failures directly affected the NRO. No failure had been more dramatic than that of August 12, 1998, when a NASA/Air Force Titan 4 rocket blew up forty seconds into launch and obliterated its payload – a $1.2 billion NRO satellite code-named Vortex 2. Pickering seemed particularly unwilling to forget that one. â€Å"So why hasn't NASA gone public about this recent success?† Rachel challenged. â€Å"They certainly could use some good news right now.† â€Å"NASA is being silent,† the President declared, â€Å"because I ordered them to be.† Rachel wondered if she had heard him correctly. If so, the President was committing some kind of political hara-kiri that she did not understand. â€Å"This discovery,† the President said, â€Å"is†¦ shall we say†¦ nothing short of astounding in its ramifications.† Rachel felt an uneasy chill. In the world of intelligence, â€Å"astounding ramifications† seldom meant good news. She now wondered if all the EOS secrecy was on account of the satellite system having spotted some impending environmental disaster. â€Å"Is there a problem?† â€Å"No problem at all. What EOS discovered is quite wonderful.† Rachel fell silent. â€Å"Suppose, Rachel, that I told you NASA has just made a discovery of such scientific importance†¦ such earth-shattering significance†¦ that it validated every dollar Americans have ever spent in space?† Rachel could not imagine. The President stood up. â€Å"Let's take a walk, shall we?† 11 Rachel followed President Herney out onto the glistening gangway of Air Force One. As they descended the stairs, Rachel felt the bleak March air clearing her mind. Unfortunately, clarity only made the President's claims seem more outlandish than before. NASA made a discovery of such scientific importance that it validates every dollar Americans have ever spent in space? Rachel could only imagine that a discovery of that magnitude would only center on one thing – the holy grail of NASA – contact with extraterrestrial life. Unfortunately, Rachel knew enough about that particular holy grail to know it was utterly implausible. As an intelligence analyst, Rachel constantly fielded questions from friends who wanted to know about the alleged government cover-ups of alien contact. She was consistently appalled by the theories her â€Å"educated† friends bought into – crashed alien saucers hidden in secret government bunkers, extraterrestrial corpses kept on ice, even unsuspecting civilians being abducted and surgically probed. It was all absurd, of course. There were no aliens. No cover-ups. Everyone in the intelligence community understood that the vast majority of sightings and alien abductions were simply the product of active imaginations or moneymaking hoaxes. When authentic photographic UFO evidence did exist, it had a strange habit of occurring near U.S. military airbases that were testing advanced classified aircraft. When Lockheed began air-testing aradical new jet called the Stealth Bomber, UFO sightings around Edwards Air Force Base increased fifteen-fold. â€Å"You have a skeptical look on your face,† the President said, eyeing her askance. The sound of his voice startled Rachel. She glanced over, unsure how to respond. â€Å"Well†¦ † She hesitated. â€Å"May I assume, sir, that we are not talking about alien spacecrafts or little green men?† The President looked quietly amused. â€Å"Rachel, I think you'll find this discovery far more intriguing than science fiction.† Rachel was relieved to hear NASA had not been so desperate as to try selling the President on an alien story. Nonetheless, his comment served only to deepen the mystery. â€Å"Well,† she said, â€Å"whatever NASA found, I must say the timing is exceptionally convenient.† Herney paused on the gangway. â€Å"Convenient? How so?† How so? Rachel stopped and stared. â€Å"Mr. President, NASA is currently in a life or death battle to justify its very existence, and you are under attack for continuing to fund it. A major NASA breakthrough right now would be a panacea for both NASA and your campaign. Your critics will obviously find the timing highly suspect.† â€Å"So†¦ are you calling me a liar or a fool?† Rachel felt a knot rise in her throat. â€Å"I meant no disrespect, sir. I simply-â€Å" â€Å"Relax.† A faint grin grew on Herney's lips, and he started to descend again. â€Å"When the NASA administrator first told me about this discovery, I flat out rejected it as absurd. I accused him of masterminding the most transparent political sham in history.† Rachel felt the knot in her throat dissolve somewhat. At the bottom of the ramp, Herney stopped and looked at her. â€Å"One reason I've asked NASA to keep their discovery under wraps is to protect them. The magnitude of this find is well beyond anything NASA has ever announced. It will make landing men on the moon seem insignificant. Because everyone, myself included, has so much to gain – and lose – I thought it prudent for someone to double-check the NASA data before we step into the world spotlight with a formal announcement.† Rachel was startled. â€Å"Certainly you can't mean me, sir?† The President laughed. â€Å"No, this is not your area of expertise. Besides, I've already achieved verification through extragovernmental channels.† Rachel's relief gave way to a new mystification. â€Å"Extragovernmental, sir? You mean you used the private sector? On something this classified?† The President nodded with conviction. â€Å"I put together an external confirmation team – four civilian scientists-non-NASA personnel with big names and serious reputations to protect. They used their own equipment to make observations and come to their own conclusions. Over the past forty-eight hours, these civilian scientists have confirmed the NASA discovery beyond the shadow of a doubt.†

Comparison of snake poems Research Paper Example

Comparison of snake poems Research Paper Example Comparison of snake poems Paper Comparison of snake poems Paper Essay Topic: Poetry It is a common belief that snakes are venomous and deceitful creatures, but in my opinion, snakes are pleasant animals. I will now examine two poems about snakes to see whether the poets agree with my views. In Emily Dickinsons poem, she expresses her feelings towards a snake and briefly describes an encounter with one. In D.H.Lawrences poem, he has a dilemma involving a snake: should he scare away the poisonous animal, or watch it in amazement. Emily Dickinson wrote many poems, usually on the subject of nature. She wrote her poem Snake in 1865, whilst living in her hometown of Amherst, Massachusetts. She was a very creative and productive writer who grew up in a poetic family. Later in life, she became quite sickly and eventually became a recluse. Her doctors advised her not to read or write, but she was very enthusiastic about her writing, and continued regardless. D.H.Lawrence was living in Sicily when he wrote his poem Snake in 1923, almost sixty years after Emily Dickinson. He found serpents spell binding and was greatly interested in them. So interested, that around five years later while living in New Mexico, he wrote his novel The Plumed Serpent, based on a New Mexican deity called Quetzalcoatl. In both poems, the poets each use personification. For instance, in D.H.Lawrences poem he uses the word Him to describe the snake, which is a term usually used for humans, so its status is raised to that of a person. Also, I think he uses the phrase Him because he sees the snake as powerful and somewhat more masculine. Emily Dickinson uses the phrase A narrow fellow which is not usually used for a snake. Unlike D.H.Lawrence, she doesnt give it a large status, but in saying that she later on refers to the snake as a friend. Both poets use similes effectively to illustrate what their feelings towards the snake are. Emily Dickinson uses similes to describe the movement of the grass as the snake passes through it divides as with a comb. D.H.Lawrence uses many similes to describe a great quantity of things. For example And lifted his head, dreamily, as one who has drunken saying that the snake was in a seemingly drunken state. Each poem uses enjambment, which makes the poem flow and makes you want to carry on reading. D.H.Lawrence also uses enjambment to create a snake like shape in the layout of the poem to give the feeling and image of a snake. Also, Emily Dickinson uses enjambment at the end of the third paragraph to keep the rhythm going but continue the sentence. Rhetorical questions are used in each poem, but for different reasons. D.H.Lawrence uses rhetorical questions that question his masculinity and Emily Dickinson uses rhetorical questions to draw the reader into the poem and make it more personal. Emily Dickinson Uses You may have met him, -did you not? and D.H.Lawrence uses several, like Was it cowardice, that I dared not kill him? and Was it humility, to feel so honoured? D.H.Lawrences poem has a rather serious atmosphere, however the tone varies throughout; masculine and harsh changes rapidly repeatedly to calm and peaceful, and back again. Emily Dickinsons poem is more up beat and light-hearted. It uses a friendly tone and makes you feel included. These tones and atmospheres are created by the poets choices of language and imagery devices such as similes and onomatopoeia. In reading both poems I have discovered that not all poems make sense, but have a certain depth and meaning to them. However, both poets show a lot of feeling and use many techniques to make their poems seem more interesting. Emily Dickinson doesnt just explain that shes afraid of the snake, but she also talks about nature and how she is one with it. D.H.Lawrence mentions his masculinity a lot, which makes me think that, he feels that the snake has some power over him because of the fact that the snake is venomous, and therefore does nothing until he gets the courage to do so. The poem I found most effective was D.H.Lawrences poem because I found it to be more intriguing. Also, I found the poem to have a sense of doubt about it for example; when D.H.Lawrence starts to question his masculinity. I prefer this poem, because he was in touch with his feelings towards the snake then to how Emily Dickinson was, which made me want to understand the poem to more dept.

Free Essays on Hidden Wars Of Desert Storm

Hidden Wars Of Desert Storm â€Å"Oil is too important to us to allow the Arabs to control† a statement made by Henry Kissinger, Secretary Of State during President Fords Administration. It is a phrase that would be the hidden agenda behind the invasion of Iraq, which led to the Gulf War. Our so called great Democracy and Country has bullied its way to the top of the world economy by exploiting other races and Countries from robbing Native Americans of their land to enslaving Africans and now to stealing Iraq oil all in the name of God and spreading ‘democracy’. In 1991 Iraq invaded Kuwait under the assumption that America would not interfere with the invasion given recent statements at that time by White house representatives, but unknown to Sadams regime and most of the World at that time America had systematically found a way to plot the seed of evil between the two countries and had employed plans on how to counter attack Iraq after the invasion of Kuwait, which would give them a legitimate reason to attack Iraq. Saddam Hussein was made out to be a trigger-happy ruthless dictator by the U.S government with the help of mass media. The American public was led to believe that Saddam Hussein was planning to rule over all the oil in the middle east and spread his terror around the world, which was much like the mind games used on the American public in the 1960’s during the Vietnam war in regard to the Domino effect, and they would be doing a great deal of good by getting rid of this evil dictator who was even using his weapons on his own people. The irony of the story though is that Saddam Hussein was supplied these weapons by America during the Iraq- Iran war and only became a threat to American National Security when he decided to Nationalize his countries oil. Stealing Iraq’s oil was not the only hidden agenda behind the gulf war, American defense contractors and other private arms companies profited immensely from t... Free Essays on Hidden Wars Of Desert Storm Free Essays on Hidden Wars Of Desert Storm Hidden Wars Of Desert Storm â€Å"Oil is too important to us to allow the Arabs to control† a statement made by Henry Kissinger, Secretary Of State during President Fords Administration. It is a phrase that would be the hidden agenda behind the invasion of Iraq, which led to the Gulf War. Our so called great Democracy and Country has bullied its way to the top of the world economy by exploiting other races and Countries from robbing Native Americans of their land to enslaving Africans and now to stealing Iraq oil all in the name of God and spreading ‘democracy’. In 1991 Iraq invaded Kuwait under the assumption that America would not interfere with the invasion given recent statements at that time by White house representatives, but unknown to Sadams regime and most of the World at that time America had systematically found a way to plot the seed of evil between the two countries and had employed plans on how to counter attack Iraq after the invasion of Kuwait, which would give them a legitimate reason to attack Iraq. Saddam Hussein was made out to be a trigger-happy ruthless dictator by the U.S government with the help of mass media. The American public was led to believe that Saddam Hussein was planning to rule over all the oil in the middle east and spread his terror around the world, which was much like the mind games used on the American public in the 1960’s during the Vietnam war in regard to the Domino effect, and they would be doing a great deal of good by getting rid of this evil dictator who was even using his weapons on his own people. The irony of the story though is that Saddam Hussein was supplied these weapons by America during the Iraq- Iran war and only became a threat to American National Security when he decided to Nationalize his countries oil. Stealing Iraq’s oil was not the only hidden agenda behind the gulf war, American defense contractors and other private arms companies profited immensely from t...

History of visual communication (graphic design) Essay

History of visual communication (graphic design) - Essay Example The development of visual communication did not originate from the WIMP (Windows Icon Mouse Pointer) interface which is most commonly seen system for controlling computers. Rather, the origins of the communication style come from cave paintings and drawing made in prehistoric times where certain ideas and concepts had been shared by the original dwellers of the caves to individuals who came after them. Even though the people who inhabited the caves and we are separated by a few thousand years we can still understand the basic message which is being conveyed by the image (Solymar, 1999). The message and pictures themselves become complicated as time goes by and the hieroglyphics of ancient Egypt contain pictographic writings on the walls of the monuments they created to the clay tablets used for record keeping. In time, the medium changed along with the form of the message and things like animal skins, bone fragments, vellum, tree bark and papyrus began to be used as means for recording information. Even though the ancients had refined paper to a great extent, they did not have the ability to duplicate the same information hundreds of times with ease (Solymar, 1999). With the advent of Christianity, knowledge became a premium requirement for many people and the demand for documents that contained religious information was increased. Books and notes were copied in hand with a significant amount of labor involved in the process but that labor could be carried out by anyone even if they were illiterate as long as they could see and copy characters. On the other hand, it was far easier to transfer knowledge through visual images and the use of color in various pictures that explain certain stories (Ivins, 1969). The medieval ages perhaps represent the golden age of visual imagery since every image had several layers of meaning for the story connected to the image and even the individual colors of the persons portrayed in the pictures had one

Right Relationship Essay Example | Topics and Well Written Essays - 1500 words

Right Relationship - Essay Example â€Å"Cordelia : All bless’d secrets, All you unpublish’d virtues of the earth, Spring with my tears! be aidant and remediate (Shakespear,121)†. Evidently, It shows that, Cordelia has her morals so deeply rooted in her that she find no way to project her love and admiration for her father. King Lear on the other hand, is a fun and frolic person, who is more engaged in worldly pleasures than royal obligations. He wants to enjoy the luxurious and richness of his kingly status but ignores the responsibilities and duties coming along with it. Moreover, he proclaimed a test to verify the fatherly love of his daughters which shows that he is more of a displayer of love than a believer. Later due to the evil nature of certain characters in the play, King Lear and Cordelier gets captivated and end up in trouble. â€Å"Lear:Ask her forgiveness? Do you but mark how this becomes the house:‘Dear daughter, I confess that I am old;[Kneeling.]Age is unnecessary: on my kn ees I beg That you’ll vouchsafe me raiment, bed, and food† (Shakespear,68).Apparently, the play is portraying an evident transition in the nature of King Lear as he realizes his daughter’s true dedication and love for him. ... Lear: Out of my sight!† (Shakespeare,8 ). The above conversation shows that, he was a blind in his materialistic world and never could perceive the real beauty of love and affection. However, Cordelier was his favorite daughter but he never could understand her real feelings and emotions .The Shakespeare has portrayed Cordelia as a character who is entirely lovable with little or no traces of evil in her. It is when the evil characters of the play attempt to corner the King that he realizes the love and dedication of his affectionate daughter Cordelia. King Lear being blind to the real truth of nature banishes the two most powerful and loyal characters in the play in an ignorant manner. King Lear banishes his youngest daughter Cordelie for not giving a superfluous speech showing her love for him. Shakespeare shows in the act that a person blind to truth can no longer differentiate between good and evil and remains ignorant all his life. Apparently, all what Shakespeare is tryin g to do is to educate the people as to the value of virtue and vice. Is King Lear virtuous according to Aristotle’s concepts? King Lear can never be considered virtuous till the end of the play. He lives a blind life by giving no consideration for truth, morality and ethics. All his effort was in living as a joyous royal entity by forgetting his duties towards his children and the country.Shakespear in this play is trying to gauge the characters from the point of view of Aristotle. According to Shakespeare, a human nature has only two sides, either goodness or evilness. King Lear indeed fell in to the evil category, even though he developed goodness as to the ending stage