Saturday, August 31, 2019

Law and Language

One can`t deny that the interplay between our daily lives and law is pivotal to our existence. Even when we are breathing, Article 21 of our constitution protects us. When we buy some product from a shop, taxes imposed under various laws play a role in determining the cost of that product. These are just few of the various examples that we encounter in our daily life which exhibit the role of law in our everyday lives. But to know what the law is and to understand it, so that we can act accordingly, one needs to have some command over the language. Even in common law countries where we witness unwritten laws, precedents have cardinal place. And to use those precedents appropriately we need to understand the judgments. Also, judges need to use the right words at the right time to convey the real purpose of the precedent. Law and language are inter-related for even language operates on certain laws. We have various rules and laws of grammar, which if broken, would take away the essence of the language. I always had a few questions regarding this topic lingering in my mind. Why is legal language so complicated? How do lawyers twist it according to their advantage? How easy judges find it to interpret the legal jargon? Is there even a need for legalese? How has the language, the law is written in, affected the awareness among people? There are more questions that I await an answer for and this project has given me a great opportunity to look for those answers THE INTERVIEW For the same purpose I interviewed Sri V. Srinivasa Sivaram, Administrative Officer, Andhra Pradesh State Legal Services Authority. â€Å"The National Legal Services Authority (NALSA) has been constituted under the Legal Services Authorities Act, 1987 to provide free Legal Services to the weaker sections of the society and to organize Lok Adalats for amicable settlement of disputes. In every State, State Legal Services Authority has been constituted to give effect to the policies and directions of the NALSA and to give free legal services to the people and conduct Lok Adalats in the State.. † With his experience and connect to the local people, I felt he would be able to answers my questions. I thank him for giving his valuable time for me. Here is an excerpt of the interview Q. Sir, you are associated with Andhra Pradesh Legal Services Authority, and many financially distressed people who can’t afford a lawyer approach you for help. What level of legal awareness do you find amongst these people about their rights and duties especially when the laws and statutes are written in English? A. Since I`m working with the legal service authority for past some time, one thing that I find is that people don’t come to us because they have some right or a duty. They come to us because they have a problem. It may be related to law or may not be related to law. 90% of the times, we have to find out what the law is with respect to their problem. The people approaching us are not aware if a law can help them and if so, which law. They are aware that if they have a problem and they are approaching legal service authority, then we will help them. Many a times I have spoken to people and asked them â€Å"How did you come to know of legal service? † The most common reply is sir, we have been told or we heard it on TV or Radio. After they approach us, we have to find the remedy for them and most importantly look if that remedy is within the four corners of law. They are not aware of the law in that respect. They just have a problem in hand and they come to us, looking for remedy, and asking whether law can help them or not. Q. For many disputes, the local people first approach the district court and then may appeal in higher courts. Do the district courts work in the local language or in English? What is your opinion regarding this. A. With respect to this question, I would like to tell you that both local languages and English are used. If a person is illiterate or he doesn’t understand English well, especially when you have to conduct a trial, when you ask during chief examination or during cross examination, the local language is the best thing Q. Do the courts give the judgment i. e. s the written judgment in regional language or is the usage of regional language restricted for oral purposes only? A. For the time being, it is totally in English. But the judges are not stopped from using the regional language. For example, one of friends has given a couple of judgments in Telugu also. But doing so is very difficult. The hindrances that they encounter are numerous. When they have to rewrite a c ase law or quote a case from Supreme Court it becomes virtually very difficult to quote it in Telugu.. We also have latin maxims that would be adding to this difficulty. You are right. We cannot quote them in regional language. We may not pass on the meaning properly. If you quote Evidence Act in Hindi or Telugu, I tell you, it will be a nightmare! Although we are very proficient in Hindi and Telugu, on trying to do so, we couldn’t succeed. Try converting a judgment by Hon`ble Judge Krishna Iyer into your local language or Telugu, it will be a disaster! Even people who are conversant in English find it difficult to understand his judgment. The language is highly complex, full with rhetoric. Many Supreme Court judgments are in such a way that a common man can`t understand it. This also applies to people who are well familiar with English. Until and unless one doesn’t have the knowledge of the legal jargon used, they can`t comprehend it. Q. The laws are basically for the people. But with the complicated language they are written in, a person finds it very difficult to read through them. Do you think there is a need to simplify legal language? A. It is high time that the legal language is simplified. One thing that we see is, for a simple word example may or shall, battles are fought in court. The Supreme Court may end up saying ‘may’ is not ‘may’, it is ‘shall’ and ‘shall’ is ‘may’! Because the interpretation of such basic words takes place in different ways, a common man can`t understand it. Yes Sir, I do remember a case ‘State Of Madhya Pradesh vs Azad Bharat Finance Co’. Here under an Act, although the District court interpreted the use of word ‘shall’ as obligatory, the Supreme Court interpreted it as â€Å" The word ‘shall' is not always mandatory; it depends upon the context in which the word occurs and the other circumstances. † Yes. We have many other examples. Few years back when a question arose if a written statement has to be filed within 90 days of the amended CPC, it was said that NO although the word used is shall. If this is the fate of the people who know law, then imagine the plight of the common man. Q. I agree with you sir. But if the legal language is simplified, doesn’t it leaves some loopholes that maybe misused by many? A. Look, even now it is happening. You write one line and the lawyers are bound to pick up loop holes in that one line also. This is so, because we have been taught to do that! Every lawyer tries to use the words according to his own convenience and the benefit of his client. Q. What approach do you adopt while interpretation of any law. Is it a positivist approach strictly based on the language and the words used or you try to look into the history and spirit of the law? A. I prefer to go by the spirit of the law. We don’t have access to the constitutional debates. In lower courts, when we have to go about finding what is the meaning and the spirit of the law, unless you see the original framework of the law, you don’t know why it was written. I do remember the case of ‘Baljeet Singh vs Election Commission Of India And .. ’ Here the petitioner argued that a member of parliament takes an oath to ‘make and subscribe’ to the constitution of India. Hence the interpretation is that each and every legislator must be literate to understand the India`s constitution. The Supreme Court referred back to the constitutional assembly debate and concluded that literacy was never meant to be an extra qualification to be a member of parliament. The purpose behind such an oath was to promote national unity and not to make literacy a pre-requisite condition. Yes. Sometimes if you don’t know the intention behind a law, you can`t come to any particular conclusion about its meaning. If you have access, well and good but many lower courts don’t have access to constitutional debates. An Act or statute may give you two or three lines about its purpose, but if you want to go further you don’t have access to that thing. So, if there is a conflict you will interpret it in a manner as you feel proper. But certain situations demand interpretation using the strict language rule. This has been played by the higher courts in many ways! And since we say that Supreme Court judgment is the law of the land, we are bound to end up in confusion. Let me put forth one example. A question arose whether a company can be prosecuted or not for criminal actions. The punishment prescribed includes both fine and imprisonment. One interpretation was that since a company is not a real person and you can`t throw it in jail, hence only a fine will be imposed. But the Supreme Court said that since you can`t put the company in jail, you can`t inflict the punishment prescribed in the act, hence the ntire proceeding were quashed. Subsequently, after few months another judgment came, in which another company, I`m not sure but maybe Standard Chartered Bank, relying on the earlier judgment, pleaded for the quashing of the procedures. But this time, it was held that although we can`t put you in jail; you are liable to pay the fine. Another important issue is the way a common man interprets a law is very different. Let me put to you an exampl e I came across. In rural areas, when I spoke to some people, they are aware that there is a law that deals with harassment. But for them, harassment is any kind of harassment. A woman claimed since her husband drinks and doesn’t contribute much for the family, he is harassing me. Technically, you can`t stop a person from drinking. They hold very different perception of the same law. Some lawyers take them for a ride. When such women approach them, they suggest filling a suit under sec498 which deals with dowry harassment! This obviously leads to exploitation as they mint money in spite of knowing that no remedy lies in law. Q. Sir, this situation is dangerous. People may develop wrong perceptions that law can`t help them and may lose faith in the system. Doesn’t it demand spreading awareness among people. A. You are right. We do take measures to spread some awareness. For example, we have a regular programme on etv in which a judge tries to answer the queries of the people and explain the remedy to them. I came across a group of LGBT. Although they came from a village, they were well aware about sec 377 and were speaking on how it is unconstitutional. Then they told me how a sensitization programme was carried out by an NGO in Telugu. So, laws aren’t that difficult to understand, if explained properly Q,CLAT[common law admission test] for admission to the National Law schools is conducted in English. Do you think, the exam should be conducted in other regional languages to increase diversity and access? A. You should answer this question better!. Well the entire situation can be summed up in one or two lines. Whether the legal education should be in local language or English? No doubt, the language may act as a barrier. But in a country having about 28 states with different languages, if the Supreme Court has to read from Gujurati to Malayalam, then it would be a nightmare for everybody. The statutes and legislations are in English. An exact translation in any other language is not possible. The exact meaning may be lost. We can`t avoid English. Now, we have got used to a procedure where we use both regional language and English. The legislations are in English, debates, judgments all are in English. As I said, we can`t have literal translation of each and every word. Thus, my point is legal education has to take place in English. But at the same time, I don’t deny that regional language would prove to be beneficial, but practically, you need legal education in English medium. Q. Finally, how do you as a judge, view the connection between law and language? Do you think the efficiency of a judge or advocate would be affected due to lack of knowledge in a particular language? A. I have come across many people who can put forth extremely strong arguments in regional language. But they would have become better lawyers had they been proficient in English. But you will see, many a times being good in English won`t help you if you don’t have a command over the regional language too. When a client approaches with any problem, you should be able enough to connect with them, so that they can openly discuss the issues at hand with them. You can explain the law to them in their language so that they understand better and discuss the appropriate remedy. Many a times, if you want to cross-examine a witness you need to do that in his local language. If the poor guy is not well versed in English, then he may say something with some different meaning, which obviously you see would land him in trouble. Now-a-days we have technological tools in the Internet that help us to translate. That day I wanted to read an article on mediation which was in a language, I wasn’t familiar with. This translation tool helped me to translate it in English and the contents too were satisfactory. So in the contemporary times, with internet you can remove a lot of disadvantages. CONCLUSION The interview was a interesting one for it helped me broaden my horizons on the general public conceptions of law. Sri V. Srinivasa Sivaram rightly pointed out to me the problems that plagued the system, which never came to my notice before. But since this project is about the relation of law and language, I would like to narrow down on that issue. Most of his answers were convincing. English can`t be entirely avoided. With the diversity in languages that we have, what a statute may mean in one language, would mean something else in the other as literal translation is not possible every time. But this doesn’t mean neglecting regional languages. They need to work side-by-side which evidently is witnessed esp. in the working of lower courts. This is so because it is obviously beneficial for public good. All Laws are made for a reason and purpose. They sometimes seek to repair a defect prevalent in the system. So, the courts should move beyond the interplay of words. Legal jargon or legalese needs to be simplified. I would like to quote Mr. Sivaram on this issue. He aptly illustrates why legalese should be restricted. â€Å"One maybe proficient in English, but if they are told to read Physics or Chemistry, then they wont be able to. Law is for the people. It governs and regulates the action and life of the people. Thus, it should be in a way that people can ordinarily understand.

Friday, August 30, 2019

Reflective Paper on Gay Marriage Essay

Today many people have their own opinions and beliefs when it comes down to the topic of gay marriage. I personally feel that gay marriage should be legalized. Yes God said, â€Å"That marriage is to be between a man and a woman. † My question is, â€Å"What gives people the right to judge or tell another human-being who to love or how to love? † I personally feel it’s insulting to one’s integrity and people should be able to express their love how they see fit. For centuries the United States has been known for its civil rights and freedoms. Many Americans are angered by the idea of same-sex relationships and marriages. The biggest reason to why heterosexuals are against gay marriage is based primarily on their religious beliefs. So I’m wondering, â€Å"What’s wrong with the idea of two people being together who love and care for each other wanting to spend their lives together? † Of course the gay community is greatly misunderstood because many people who aren’t living a homosexual lifestyle just refuse to listen. Most of these individuals would rather be close-minded to the topic, rather than trying to understand the daily struggles and what it means to be gay in America or any other country for that matter. Same-sex couples aren’t asking for special treatment, but just to be treated the same as a straight couple. The ethical theory that provides the most support for same-sex marriage is utilitarianism. Utilitarianism is a natural way to see if an act is the right thing to do (or wrong thing to do) is to look at its results or consequences. Theories allow us the opportunity to identify the problem and then find ways on how to resolve them. One example would happen to be the ninth commandment, â€Å"Thou shall not lie. Given this statement we a human-beings, tend to lead busy lives and in order to not go against what we may have said, we’ll lie. We do this to keep from hurting one’s feelings. In doing this we as people look at the consequences of our actions to determine how we can make the situation better. It also states that there is an obvious solution that is fair and that may be one that appeals to common sense also. If we can mix races and people are allowed t o get married just because. Then why aren’t same-sex couples allowed the exact same opportunity? What makes people so against and afraid of allowing others to love and be with the person they choose? In a utilitarianism mind-set, society can’t say who should have a relationship. Much of the controversy rises from the decision on how one chooses to define or view marriage. Even though, it was between a man and a woman, man and a man, woman and a woman. Relativism is a concept that points of view have no absolute truth or validity. In contrast, people who are supporters of gay marriage tend to look at the glass â€Å"half-full† instead of just basing their decisions primarily on religious beliefs. Both sides have a very valid argument when it comes down to discussing this topic. From past occasions of inequality, gay rights are the next big step to creating change and an equal society. Many people of the Republican Party feel that allowing same-sex marriages will change how people view religion and family values. A large majority of people and organizations that are for gay marriage feel that not allowing same-sex marriage to be legal feel that it’s a violation against the law of the Equal Protection Clause. It’s the clause of the 14th Amendment that prohibits states from denying any person within the jurisdiction of equal protection. So for the laws to not allow same-sex couples marry is going to create a lot of controversy and scrutiny. Homosexuality is defined as the quality of being homosexual or as the erotic activity with another of the same sex. Up until the year of 1973, being homosexual was known to be a mental disorder, which was stated as such in psychology journals. Many often feel that legalizing gay marriage will lead to the legalizing of other things. Such as pedophilia and polygamy which are controversial subjects but not as much as gay marriage. Even though comparing pedophilia and polygamy to gay marriage is a little much, people feel that allowing gay marriage goes against their morals, their views on society, lives they want for their children, and the future. For some violating same-sex couples civil right is worth it in the end only because they want to protect the value of a man-woman type marriage. To deny gays and lesbians the right to marry is in violation of their civil rights as a citizen of the United States of America. Legalizing gay marriage is not to attack how one feels and how they view things, but so that those can have a chance at equality also. Gay marriage is a very emotional topic and is going to be for years to come. So many people feel that homosexuality is wrong and not normal and therefore believe that homosexuals don’t deserve the right to be married. People are going to debate on whether gay marriage is â€Å"right or wrong†, that’s just the way it is. For most of it Christian groups have been the â€Å"chief of state† when it boils down to same-sex marriage. Growing up in a Christian faith home we were taught that God loves everyone. So answer this question, â€Å"Does that circle of people not include gays or lesbians? † The Constitution gives our rights thanks to the founding fathers of our country. As Americans is this country we have many rights such as freedom of speech, freedom of worship, and so many more. Even though there are many rights, some are limited to an extent. In today’s society are government is controlled by politicians who make a majority of the decisions. Even though we are given freedoms for some reason we are scared of using them. The U. S. seems to be huge playing field, but then we have individuals who decide to take away balls, swings, slides, etc. Why do they get to take these things away? Gay marriage will continue to be a critical topic in today’s society, that’s just fact. A recent study shows that there are approximately 2, 900,000 homosexuals living in the U. S. Some chose not to give out there sexual orientation. The only states where gay marriage is legal are Massachusetts, Connecticut, Iowa, Vermont, New Hampshire, New York, Maryland, Maine, and Washington. The following countries allow gay partnerships which are Norway, Sweden, Greenland, Hungary, Iceland, The Netherlands, France, Belgium, Portugal, Germany, and Finland. A same-sex couple is not allowed to file a joint tax return in order to lower their taxes or allowed to visit a hospital if an illness was to occur. In this case only next of kin are allowed to make hospital visits. I feel that by allowing gay marriage across the country will then give equal rights for an individual. It will decrease the amount on violence among people and will bring the country together. People often ask, â€Å"Why can’t same-sex couples be fine with just the choice of civil union? † They say this because they couldn’t possibly understand the difference between marriage and civil union. Civil union is the legal status that ensures to same-sex couples specified rights and responsibilities of married couples. Marriage is the state of being united to a person of the same sex in a relationship like that of a traditional marriage. Civil unions don’t allow the same assurance that marriage does. In our case marriages are known worldwide, as for civil unions they only exist in the state in which the couple live in. Marriage for same-sex couples happen to be way more beneficial in this case. Say for instance in a civil union, if one of the partners passes away, the living spouse cannot receive Social Security or any benefits from the government. This leaves that person in a financial crisis even though they had been with them for years. In a marriage, couples are entitled to receive their spouse’s Social Security or for that case any other benefits in case of death. This guarantees them definite financial security and rights that will protect them. In a marriage, as a couple you can move from state to state, or country to country and still be granted the same rights and protection. Where as in a civil union if you move to another state they’re rights are long being protected, that in which they were when they were living in the state they happened to be married in. One of the biggest benefits of marriage is the right to adoption. Several states don’t allow gay adoption or allow second parent adoption if an event such as loss or separation happened. Adoption is the act or process of adoption a child. Second parent adoption is when one person adopts the child of his or her partner. There are 16 states that definitely allow joint gay adoption which are; Arkansas, California, Colorado, Connecticut, Washington D. C. , Illinois, Indiana, Maine, Massachusetts, Nevada, New Hampshire, New Jersey, New York, Oregon, Vermont, and Washington. One of the most widely cited arguments that happen to be against same-sex marriage rights is that it will harm children that happen to be raised in the â€Å"silver lining† of these relationships. Studies from social science research show that the evidence from this statement is not a supported argument. Scientific literature shows that children who happen to grow up with one or two gay/or esbian parents cope as well in emotional, cognitive, social, and sexual functioning as children raised in a heterosexual household. The optimal development seems to be influenced more by the nature of the relationship and interactions within the family, rather than by the structural form it takes. Since the year of 2002, studies have shown that children with same-sex parents do as well as children of parents of the opposite sex. This has allowed major psychological and health organizations such as (The American Psychological Association) and many more to support same-sex marriage and parenting. The word GLAAD stands for (Gay and Lesbian Alliance Against Defamation). This organization creates change. GLAAD amplifies the voice of the gay community in order to keep equality at the forefront of America’s cultural conversation. Their impact on newspapers, magazines, blogs, radio, television, movies, and so much more, which transforms attitudes to bring about real change. They hold the media accountable for the words and images they produce. When the media is allowed to be a platform to defame and stereotype the LGBT people, that’s when GLAAD steps in to take action. They leverage 25 years in media relationships and countless hours of media advocacy in order to send important messages against homophobia and discrimination. They strengthen other organizations so that they can leverage media, engage in local communities, and advance social change. Right at this present time GLAAD happens to be working with local organizations in more than 30 states to build support for equality. By collaborating with LGBT leaders and advocacy groups, happens to be the â€Å"key† to increasing the visibility of the gay community, changing hearts and minds, and securing full and lasting equality. Suicide is the third most leading cause of death among adolescents and non-suicidal self-harm occurs in 13-45% of individuals within this age group. This make this particular incident a major public health concern in today’s society. Lesbian, gay, bisexual, and transgender youth are particularly at risk for engaging in these behaviors. Even though, not much is known to what are the specific risk factors associated with suicidal ideas and self-harm behaviors within the population. A history of attempted uicide, impulsivity, and prospected LGBT victimization, and low social support were the reasons behind an increased risk of suicidal ideas. Lesbians are two times more likely to attempt suicide than straight woman, and gay men are six times more likely to attempt suicide than their heterosexual peers. Attempts by gay and lesbian youth account up to 30% of all completed suicides. Gay teens are three times more likely to attempt suicide than their heterosexual peers and gay youth are four times more likely to make a suicide attempt requiring medical attention. The Trevor Project is the leading national organization providing crisis intervention and suicide prevention services for lesbian, gay, bisexual, transgender, and questioning youth. This organization was founded in 1998 by James Lecesne, Peggy Rajski, and Randy Stone, who are the creators behind the Academy Award winning short film called, â€Å"Trevor†. That is a timeless coming of age story about love, loss, and to learn how to be yourself. The Trevor Project is determined to end suicide among LGBTQ youth by providing life-saving and life-affirming resources. Which include 24/7 crisis intervention lifeline, digital community, and advocacy/ educational programs that create safe, supportive, and positive environment for everyone. The vision is to provide a future where the possibilities, opportunities, and dreams are the same for all youth, regardless of sexual orientation or gender identity. Inclusiveness is one of their mantras. This organization believe that everyone should be treated like a human-being, regardless of sexual orientation, gender identity or expression, race, ethnicity, religious practice, ability, or size. The Trevor Project is also a Champion of Change, an honor that was presented by the White House for their innovative work to save the lives of LGBTQ young people. In conclusion, I don’t think I’ll ever quite understand the argument on whether homosexuals should have the right to marry and live their lives the way they choose. As citizens of this country, we all deserve the right to experience and have happiness. Isn’t that normally part of forming relationships? It transpires when we fall in love and are able to love the one we have chosen to be with. Even, if our partner happens to be of the same or opposite sex. That shouldn’t matter because â€Å"love is love†, no matter how you see it. For me I feel that same-sex marriage shouldn’t have to resort in ethical controversy, it should be left alone. I feel this way because since the age of fourteen I knew that I was gay. Throughout middle school and high school I kept it a secret and didn’t tell anyone. It was very hard because I was scared that if I came out my family, friends, and my peers wouldn’t accept me. I went through phases of anxiety, anger, lonliness, depression, and an attempt of suicide. All because I kept who I truly was locked away all because the fear of rejection. That’s a very big â€Å"pill† to have to swallow. By deciding to keep this a secret I wasn’t able to live out my truth and be who I truly am. Recently at the beginning of this past year I decided that it was time to come out to my family and friends. It was one of the most hardest and scariest things that I’ve ever had to do but I know it had to be done. Now that I have the acceptance of my family and friends I’m now able to live my life and be truly happy. It’s as if I had been suffocating for so long and now I can breathe again. I can’t explain it but it’s the greatest feeling in the world. I want every teen or young adult struggling with who they are to be able to be okay and love themselves on the inside as well as the outside. There’s a saying, â€Å"God doesn’t make mistakes. † So for every person that’s ever been told that they’re a â€Å"mistake† just know that mistakes are okay because no one’s perfect, but never ever lose your passion to express and be who your are. I just feel like I’m finally able to live out my goals, dreams, and ambitions I have for my life. It’s as if I have been given this new lease on life called â€Å"joy†. I refuse to let anyone or anything take it away.

Thursday, August 29, 2019

Analysis Of Aint Any Makin It Sociology Essay

Analysis Of Aint Any Makin It Sociology Essay The essay is a critical analysis from a sociological point of view of the book ain’t No Making it, third edition by Jay McLeod and published in 2008. The author divided the book into three distinct parts; part one The Hallway Hangers and the Brothers as Teenagers, part two Eight Years Later; Low income, Low income and the last part Ain’t No makin’ It. Through the eyes of the two groups used by McLeod, the brothers (black minority boys) and the Hallways (white boys) we are able to clearly see what transpires in an American societal setting. The two groups lived and studied in the same conditions but each has varied expectations and aspiration, this is on the basis of their race. The Brothers viewed an open society as the way life should be lived and held the opinion that the difficulties they are going through is due to racism their ancestors underwent. For this reason, they try as much as possible to engage in socially acceptable manners. This group does have hi gh expectation as well as aspiration. On the other hand, the Hallways do not accept the same achievement ideology held by the Brothers. The individuals in this group have lost hope, do drugs, drop from school plus engaging in a myriad of other activities deemed illegal. From the author, the two groups did not get themselves out of poverty. The reason I bet is that there are numerous barriers in the society that blocked their quest of getting themselves out of poverty. It is worth noting that a number of other concepts from sociological point of view clearly emerge. These include social conflict, poverty, gender and racial inequality, males as role model, political power, defeatism, education and society/elites and generational mobility (McLeod 17). Social conflict From social conflict theory which argues that human beings as well as groups in a given society do at any given time have varied amount of both material and non material resources. For this reason, those deemed wealthy or rich and more powerful exploit the less privileged. Another theory that will be analyzed along the social conflict one is Bourdieu social reproductive theory which asserts that those kids born by working class parents will automatically end up finding better jobs. It is evident that the Brothers did acknowledge that the difficulties in life they are facing at present are nothing but as a result of the serious racial discrimination their fore fathers went through. A typical example of social conflict is in the field of education in the book. Those kids from lower class families are treated in a manner by the teachers that suggest they (students) are less competent. Thus they are placed in a lower track as they lack opportunities to develop their language. In this category, these students are only trained to later in life take blue color jobs while those from affluent families are trained to take white color jobs. Additionally, the two kinds of school, public and private provide us wi th a clear distinction between where kids from wealthy and poor background attend school (McLeod 287). On the same note, students from less privileged families are disadvantaged by their manners, the way they talk, dress and deemed not to be fit and valued in the education systems

Wednesday, August 28, 2019

Research Design Paper Essay Example | Topics and Well Written Essays - 1000 words

Research Design Paper - Essay Example The tangible evidences would incorporate the factual results obtained. The findings would be pertaining to situations such as the suicide terrorism cases after a specific duration. The research plan intends to show respect to all suggestions of the theories and through the appreciation of all arguments by the researches, no theory will manifest superiority aspect over the other. The dependent variables of the theories include the specific theoretical aspects that rely on other factors for existence and understanding. The independent variables outstand in every perspective and duration. The independent variables possess the potentiality of manifesting logics on their own means. The regime theory emanates within the international dealings drawn from the liberal customs stipulating that the international institutions or administration affect the behavior of states. The theory presumes that cooperation can result in the anarchic situations of countries since the regimes depict the intern ational circumstances of cooperation amongst the nations. The observable implication of the regime theory states that a state exists in its current position because of the policies employed. The Strategic Logic of Suicide Terrorism highlights on some of the vital aspects on the suicide terrorism. ... According to Pape who contributed mainly on the idea, Islamic community is not the cradle of the act but they might have borrowed the tradition from other communities. The evaluation of the suicide terrorism incorporated a comprehensive research that targeted all phases of existence such as the psychological, scientific and the social attributes. The final portion of the expected investigation incorporates the defense and the safety impasse. The phenomenon poses that both aspects of the country’s superiority in security and weaknesses in maintaining its safety can aggravate other nations. The research on defense and the security dilemma requires a distinct consideration and a comprehensive employment of critical insight in all perspectives. There should be a consideration regarding the main reasons that might trigger one nation against the other to criticize its security. There should be no perceptions and prior notions guiding the research because the basic purpose is to atta in the logics behind the act. The notions and cultures of dissimilar nations would be of the essence to research on because the compromises of every country’s security accompany intentions. There are nations that would target their interests through other countries. There should be a vivid understanding in the fact that every war or attach that may lead to alteration of countries’ thoughts and relations possess a purpose. There is a essence in the evaluation of different states’ desires since it can result into the actual plans and the intentions of a particular state to indulge into a compromising act. The inquiry on different states preferences would spell out their priorities because the priorities are dissimilar amidst countries. The different countries’ securities may be

Tuesday, August 27, 2019

Companys IT & Competitive Advantage Essay Example | Topics and Well Written Essays - 3500 words

Companys IT & Competitive Advantage - Essay Example The organizations and companies are under constant pressure of competition. First this competition was just with the local industries, organizations and companies, but as the world is coming closer and closer every day and is turning into a global village, the circle of competition has grown from local platform to the global platform. Now the firm of one country tends to compete with the firms of not only their own country but also the firms of other countries of the world.The use of information technology makes it a bit easier to compete. It makes them flexible and feasible, generates better productivity and yields better outcomes. It helps them far more than expected and is thought of in earning better profits, in fact even creating new sources of profits, which might include services like online business opportunities etc described by C Kenneth Allard (2004) such thatInformation technology can help a company to be less identifiable with all other related firms and be more differen t. It in fact can make a company stand out among the other competitors and can help it make and, more importantly, leave a mark of its own in the minds of the consumers, which goes a long way to help a company in achieving and maintaining competitive advantage.This is one of the major reasons why the statistics show a constantly increasing rate of growth in the part of the expenditure made on IT and its implications. In some of the areas, IT comprises as much as 50% of total capital investments.

Monday, August 26, 2019

Argentinas Foreign Debt Restructuring Essay Example | Topics and Well Written Essays - 4750 words

Argentinas Foreign Debt Restructuring - Essay Example This paper envisages analyzing the causes and effects of the actions of the political leaders that left to this situation and the circumstances under which the various classes of creditors of the country were forced to accept the proposals put forth by the Argentine president for the settlement of the outstanding debts of the country. It is important to understand the extent, scope, and coverage of the definitions of the foreign debt and domestic debt before a meaningful financial analysis of the restructuring of the foreign debt by the country Argentina may be undertaken. According to an economic definition, â€Å"foreign debt is only the debt by non-residents, regardless of whether the debt is in local or foreign currency, whether it is issued at home or abroad. Conversely, domestic debt is debt by residents regardless of whether the debt is in local or foreign currency, whether it is issued at home or abroad. So a Brady held by an Argentine resident is domestic debt while a Let's held by a foreign investor is foreign debt.† It is to be understood that the economic definitions of foreign debt and domestic debt are different from the legal definition as had been adopted by the Argentine government for the purposes of undertaking the restructuring of both the domestic and foreign debts. The domestic debt is defined as debt issued according to Argentine law, regardless of whether it is in local or foreign currency and regardless of who, foreign or domestic resident, is holding these claims. Conversely, the â€Å"legal† definition of foreign debt is debt issued according to foreign (New York, UK, et cetera) law, regardless of whether it is in local or foreign currency and regardless of who, foreign or domestic resident, is holding these claims.†The point to consider was that was there a possibility that the host of factors that facilitate the litigation would disrupt the orderly process of debt restructuring undertaken by Argentina. Without committing a technical default Argentina would be going ahead with the process of structuring and even if some creditors hold out and start litigating, the litigation would take several years for coming to a close. Even if the litigation is started it is not going to hamper the process of the debt restructuring by Argentina.   

Sunday, August 25, 2019

Death penalty Term Paper Example | Topics and Well Written Essays - 1000 words

Death penalty - Term Paper Example Following an unsuccessful attempt by a foreign passenger to set off explosives on an airplane in the U.S., public outrage led to pressure to extend the federal death penalty to such crimes. The President has asked for an opinion regarding the constitutionality and the appropriateness of the death penalty for crimes that do not involve actual killing. I am working as one of the staff of the Attorney General of the United States. The Attorney General has asked me to draft a memo that spells out the policy arguments on both sides of the issue and then make a recommendation. This memo is prepared to submit to the president of United States which analyses both the sides of death penalty issue and argues against death penalty. Moreover, this memo provides recommendations to the President about the alterative options to death penalty. â€Å"The death penalty is the ultimate, irreversible denial of human rights† (Death Penalty, 2009). Unlike many other modes of punishment, death penal ty cannot be reversed once it is executed. The core philosophy of American criminal justice system is that not even a single criminal should be punished even if thousands of criminals escaped. Under such circumstances, it is quite possible that an innocent person could be given death penalty based on circumstantial evidences. It is possible for smart criminals to fabricate evidences which are pointing towards innocent people at the crime spots. Thus, instead of original culprit an innocent person may face death penalty. Life is the most important thing in this world and so science or technology succeeded in creating an artificial life form in a laboratory set up. In other words, the secrets behind life are still unknown to us. Only the creator has the moral authority to make changes in his creations. Capital punishment is the most an expensive way of punishing a criminal; so it should be prohibited. It is estimated that the cost needed for executing a death penalty is around 70% mor e than other punishments because of the necessities of the services of expert advocates, forensic testing, witnesses, investigating officers etc. In 1989, the state of Florida executed 42-year-old Ted Bundy. Bundy confessed to 28 murders in four states. During his nine years on death row, he received three stays of execution. Before he was put to death in the electric chair, Bundy cost taxpayers more than $5 million (Capital Punishment - The Costs Of Capital Punishment, 2011) The purpose of death penalty is to avoid threats from hard core criminals to innocent people in future. The innocent people or the tax payers forced to spend millions of dollars for punishing a criminal which is illogical especially when we consider that the objectives of death penalty can be obtained through cheaper options like life sentencing. Death penalty is not suitable for a civilized society like ours since it reduces the gap between the criminal and criminal justice system. A criminal who kills a perso n and the criminal justice system which execute a criminal are doing the same activity of taking the life. Even though the circumstances are different, the outcomes are the same. Delfino & Day (2008) have pointed out that â€Å"In the United States, death penalty is said to serve two principal social purposes: retribution and deterrence of capital crimes by prospective offenders† (Delfino & Day, 2008, p.1). Taking revenge for a crime is not a good philosophy to current generation. America is a Christian

Homeland Security Essay Example | Topics and Well Written Essays - 500 words

Homeland Security - Essay Example The essay "Homeland Security" talks about the illegal border crossings and human smuggling that are considered as imminent threats to homeland security. Within the context of the United States, the foretold issues are most important because they are interconnected with a global spread of terrorism. The problem of illegal border crossing and human smuggling are interconnected because the illegal immigrants seek the help of the human smugglers to enter the U.S. Zhang, makes clear that â€Å"In recent years human smugglers have focused their efforts on recruiting willing U.S. citizens to provide transportation services in the border area†. Besides, illegal border crossings mainly occur through the Mexican and Canadian borders. Most of the states in U.S. face the problem illegal immigration but the problem in severe in California, New York, and Illinois. The restrictions on immigration imposed by the federal government resulted in large scale illegal border crossings. The Southern border of the U.S. is used by the Mexicans for border crossing. The same route is used for human smuggling from different parts of the world. Illegal border crossings and human smuggling are controlled by powerful gangs for a profitable business. The flow of the illegal immigrants into the US is in terconnected with the phenomena of transnational population relocation. The problems surrounding the illegal alien in the US require a global view and suggest more diverse strategies than the history of immigration Law enforcement.

Saturday, August 24, 2019

Mississippi Burning Essay Example | Topics and Well Written Essays - 1250 words

Mississippi Burning - Essay Example Three civil rights workers were murdered in America in the year 1964; the murdered took place in the US state of Mississippi this is why the film was named Mississippi burning. The FBI inevitably got involved in the investigation and the film also showcases two agents trying hard to uncover the truth. Alan Parker directed this film and it was written by Chris Gerolmo. The movie was very well liked by the audience and it went on to win several accolades which included the best film for cinematography, best picture, best sound and a host of other awards. In spite of doing well the movie was severely criticized because according to the critics the film fails to present the historical records in the right manner. The director of the movie had to come out and defend the movie by saying it was no documentary, it was instead dramatization. â€Å"Mississippi Burning  is set in 1964 when three civil rights workers are murdered in a small town by members of the Ku Klux Klan.† (Mississ ippi Burning) In American society the civil rights workers are given very little protection but the film portrays the FBI agents as real heroes, they come to Mississippi to investigate the murder of the victims but in reality very little has been done to protect the civil rights workers in America. ... The movie created a ruckus, a scene in the movie showed a white man beating a black boy while he was praying; this created a lot of problems. This was seen as racism by many people and it even antagonized the blacks living in America. A few black men started beating up a white boy after discussing the movie as a result of which a huge uproar in America was caused. Directors must always keep in mind that their movies are more than capable of disturbing the law and order in a country because so many people watch it and they interpret the scenes in their own way and this may cause so many unforeseen problems. Such race sensitive scenes should not be shown in movies to be on the safer side. The movie also gave rise to hate crime after its release. Above case which has been discussed in the paper became a very important case in the American constitution. â€Å"A highly charged box of fireworks is the best way to describe "Mississippi Burning". It is 1964 and the Civil Rights Movement is tearing apart many areas in the Deep South. Mississippi is definitely the hottest spot of all as the entire state seems to be split between whites and African Americans.† (Mississippi Burning) The three African American men who were murdered in Mississippi were seeking justice, they wanted the right to vote like any other American but this did not go down too well with The Ku Klux Klan and the local police authorities. Those three men were abducted and murdered very ruthlessly. Miburn was the name of mission undertaken by the FBI to solve this mystery, Miburn stood for Mississippi burning and the investigation found the corpses of those three civil rights workers and the investigation also found the identity of the people who killed them. â€Å"The U. S.