The Golden Triangle

The Golden Triangle The Golden Triangle is an area covering 367,000 square miles in Southeast Asia where a significant portion of the world’s opium has been produced since the beginning of the twentieth century. This area is centered around the meeting point of the borders that separate Laos, Myanmar, and Thailand. The Golden Triangle’s mountainous terrain and distance from major urban centers make it an ideal location for illicit poppy cultivation and transnational opium smuggling.   Until the end of the 20th century, the Golden Triangle was the world’s largest producer of opium and heroin, with Myanmar being the single highest-producing country. Since 1991, the Golden Triangle’s opium production has been outpaced by the Golden Crescent, which refers to an area that traverses the mountainous regions of Afghanistan, Pakistan, and Iran.   A Brief History of Opium in Southeast Asia Although opium poppies appear to be native to Southeast Asia, the practice of using opium recreationally was introduced to China and Southeast Asia by Dutch traders in the early 18th century. European traders also introduced the practice of smoking opium and tobacco using pipes.   Soon after the introduction of recreational opium consumption to Asia, Britain replaced the Netherlands as China’s primary European trade partner. According to historians, China became the primary target of British opium traders for financial reasons. In the 18th century, there was high demand in Britain for Chinese and other Asian goods, but there was little demand for British goods in China. This imbalance forced British merchants to pay for Chinese goods in hard currency rather than British goods. In order to make up for this loss of cash, British merchants introduced opium to China with the hope that high rates of opium addiction would generate large amounts of cash for them. In response to this strategy, Chinese rulers outlawed opium for non-medicinal use, and in 1799, Emperor Kia King banned opium and poppy cultivation completely. Nonetheless, British smugglers continued to bring opium into China and the surrounding areas. Following the British victories against China in the Opium Wars in 1842 and 1860, China was forced to legalize opium. This foothold allowed British traders to expand the opium trade to Lower Burma when British forces began to arrive there in 1852. In 1878, after knowledge of the negative effects of opium consumption had thoroughly circulated throughout the British Empire, British Parliament passed the Opium Act, prohibiting all British subjects, including those in Lower Burma, from consuming or producing opium. Nonetheless, illegal opium trade and consumption continued to take place. The Birth of the Golden Triangle In 1886, the British Empire expanded to include Upper Burma, where the modern Kachin and Shan states of Myanmar are located. Nestled in rugged highlands, the populations that inhabited Upper Burma lived relatively beyond the control of British authorities. Despite British efforts to retain a monopoly on the opium trade and regulate its consumption, opium production and smuggling took root in these rugged highlands and fueled much of the region’s economic activity.   In Lower Burma, on the other hand, British efforts to secure a monopoly on opium production succeeded by the 1940s. Similarly, France retained similar control over opium production in the lowland regions of its colonies in Laos and Vietnam. Nonetheless, the mountainous regions surrounding the convergence point of the Burma, Thailand, and Laos borders continued to play a major role in the global opium economy. The Role of the United States Following Burma’s independence in 1948, several ethnic separatist and political militia groups emerged and became embroiled in conflict with the newly formed central government. At the same time, the United States actively sought to forge local alliances in Asia in its effort to contain the spread of communism. In exchange for access and protection during anti-communist operations along China’s southern border, the United States supplied arms, ammunition and air transport for the sale and production of opium to insurgent groups in Burma and ethnic minority groups in Thailand and Laos. This led to a surge in the availability of heroin from the Golden Triangle in the United States and established opium as a major source of funding for separatist groups in the region. During the American war in Vietnam, the CIA trained and armed a militia of ethnic Hmong people in northern Laos to wage an unofficial war against northern Vietnamese and Lao communists. Initially, this war disrupted the economy of the Hmong community, which was dominated by opium cash-cropping. However, this economy was soon stabilized by the CIA-backed militia under Hmong general Vang Pao, who was given access to his own aircraft and permission to continue opium smuggling by his American case handlers, preserving the Hmongs’ access to heroin markets in southern Vietnam and elsewhere. Opium trade continues to be a major feature of Hmong communities in the Golden Triangle as well as in the United States. Khun Sa: King of the Golden Triangle By the 1960s, several rebel groups based in northern Burma, Thailand, and Laos supported their operations through the illegal opium trade, including a faction of the Kuomintang (KMT), which had been expelled from China by the Communist Party. The KMT funded its operations by expanding the opium trade in the region.   Khun Sa, born in Chan Chi-fu in 1934 to a Chinese father and Shan mother, was an uneducated  youth in the Burmese countryside who formed his own gang in the Shan State and sought to break into the opium business. He partnered with the Burmese government, which armed Chan and his gang, essentially outsourcing them to fight the KMT and Shan nationalist militias in the region. In exchange for fighting as the Burmese government’s proxy in the Golden Triangle, Chan was permitted to continue trading opium. However, over time, Chan grew friendlier with Shan separatists, which aggravated the Burmese government, and in 1969, he was imprisoned. Upon his release five years later, he adopted the Shan name Khun Sa and devoted himself, at least nominally, to the cause of Shan separatism. His Shan nationalism and success in drug production garnered the support of many Shan, and by the 1980s, Khun Sa had amassed an army of over 20,000 soldiers, which he dubbed the Mok Tai Army, and established a semi-autonomous fiefdom in the hills of the Golden Triangle near the town of Baan Hin Taek. It is estimated that at this point, Khun Sa controlled over half of the opium in the Golden Triangle, which in turn constituted half of the world’s opium and 45% of the opium that came to the United States. Khun Sa was described by historian Alfred McCoy as â€Å"the only Shan warlord who ran a truly professional smuggling organization capable of transporting large quantities of opium.† Khun Sa was also notorious for his affinity for media attention, and he frequently played host to foreign journalists in his semi-autonomous narco-state. In a 1977 interview 1977 with the now-defunct Bangkok World, he called himself the â€Å"King of the Golden Triangle.† Until the 1990s, Khun Sa and his army ran an international opium operation with impunity. However, in 1994, his empire collapsed due to attacks from the rival United Wa State Army and from the Myanmar Armed Forces. Furthermore, a faction of the Mok Tai Army abandoned Khun Sa and formed the Shan State National Army, declaring that Khun Sa’s Shan nationalism was merely a front for his opium business. To avoid punishment by the government upon his impending capture, Khun Sa surrendered on the condition that he be protected from extradition to the US, which had a $2 million bounty on his head. It is reported that Khun Sa also received a concession from the Burmese government to operate a ruby mine and a transport company, which allowed him to live out the rest of his life in luxury in Burmas main city, Yangon. He died in 2007 at the age of 74. Khun Sa’s Legacy: Narco-development Myanmar expert Bertil Lintner claims that Khun Sa was, in reality, an illiterate frontman for an organization dominated by ethnic Chinese from Yunnan Province and that this organization still operates in the Golden Triangle today. Opium production in the Golden Triangle continues to fund the military operations of several other separatist groups. The largest of these groups is the United Wa State Army (UWSA), a force of over 20,000 troops nestled in the semi-autonomous Wa Special Region. The UWSA is reported to be the largest drug-producing organization in Southeast Asia. The UWSA, along with the  Myanmar National Democratic Alliance Army (MNDAA) in neighboring Kokang Special Region, have also expanded their drug enterprises to the production of methamphetamine known in the region as yaa baa, which is easier and cheaper to manufacture than heroin.   Like Khun Sa, the leaders of these narco-militias can be seen as both business entrepreneurs, community developers, as well as agents of the Myanmar government. Nearly everyone in the Wa and Kokang regions is involved in the drug trade in some capacity, which supports the argument that drugs are an essential component of the development of these regions, offering an alternative to poverty.   Criminologist Ko-Lin Chin writes that the reason why a political solution to drug production in the Golden Triangle has been so elusive is because â€Å"the difference between a state-builder and drug kingpin, between benevolence and greed, and between public funds and personal wealth† have become difficult to delineate. In a context in which conventional agriculture and local business is stunted by conflict and in which competition between the United States and China deter long-term successful development interventions, drug production and smuggling have become these communities’ path toward development. Throughout the Wa and Kokang special regions, drug profits have been funneled into road construction, hotels, and casino towns, giving rise to what Bertil Lintner calls â€Å"narco-development.† Towns such as Mong La attract over 500,000 Chinese vice tourists every year, who come to this mountainous region of the Shan State to gamble, eat endangered animal speci es and partake in the seedy nightlife.    Statelessness in the Golden Triangle Since 1984, conflict in Myanmar’s ethnic minority states has driven approximately 150,000 Burmese refugees across the border into Thailand, where they have been living in nine UN-recognized refugee camps along the Thai-Myanmar border. These refugees have no legal right to employment in Thailand, and according to Thai law, undocumented Burmese found outside of the camps are subject to arrest and deportation. The provision of temporary shelter in the camps by the Thai Government has remained unchanged over the years, and limited access to higher education, livelihoods and other opportunities for refugees has raised alarm within the UN High Commission for Refugees that many refugees will resort to negative coping mechanisms for survival. Hundreds of thousands of members of Thailand’s indigenous â€Å"hill tribes† constitute another major stateless population in the Golden Triangle. Their statelessness renders them ineligible for state services, including formal education and the right to work legally, leading to a situation in which the average hill tribe member makes less than $1 per day. This poverty leaves hill tribe people vulnerable to exploitation by human traffickers, who recruit poor women and children by promising them jobs in northern Thai cities such as Chiang Mai. Today, one in three sex workers in Chiang Mai comes from a hill tribe family. Girls as young as eight years old are confined to brothels where they may be forced to service up to 20 men per day, putting them at risk of contracting HIV/AIDS and other diseases. Older girls are often sold overseas, where they are stripped of their documentation and left powerless to escape. Although the government of Thailand has enacted progressive laws to combat human trafficking, the lack of citizenship of these hill tribes leaves this population at disproportionately elevated risk of exploitation. Human rights groups such as The Thailand Project assert that education for the hill tribes is the key to solving the human trafficking issue in the Golden Triangle.

Valence Electron Definition in Chemistry

Valence Electron Definition in Chemistry A valence electron is an electron that is the most likely to be involved in a chemical reaction. They are typically the electrons with the highest value of the principal quantum number, n. Another way to think of valence electrons is that they are the outermost electrons in an atom, so they are the most susceptible to participation in chemical bond formation or ionization. The simplest way to identify the valence electrons is to look for the highest number in the electron configuration of an atom (the principal quantum number). Its worth noting the IUPAC definition of valence is for the single highest valence value that is displayed by an atom of an element. However, in practical use, main group elements of the periodic table may display any valence from 1 to 7 (since 8 is a complete octet). Most elements have preferred values of valence electrons. The alkali metals, for example, almost always display a valence of 1. The alkaline earths tend to display a valence of 2. The halogens usually have a valence of 1, yet may sometimes display a valence of 7. The transition metals may display a range of valence values because the highest energy electron subshell is only partially filled. Those atoms become more stable by emptying the shell, half-filling it, or completely filling it. Examples Magnesiums ground state electron configuration is 1s22s2p63s2, the valence electrons would be the 3s electrons because 3 is the highest principal quantum number.Bromines ground state electron configuration is 1s22s2p63s2p6d104s2p5, the valence electrons would be the 4s and 4p electrons.

History 1118 United States History and Culture Term Paper

History 1118 United States History and Culture - Term Paper Example Here, the law allows for two senators for each state in the United States. In addition, the minimum term allowed by law to all senates is six years, with each senate having one vote. This part of the US constitution also has a provision that the senators will be elected into office by the specific legislatures of the state in which they seek rulership. Nonetheless, the 17 amendment has the same provisions like those in the article one, section three, except one difference with regard to the method of election for the senators. Therefore, while the number of senators, number of votes, and term of office is similar in both cases, the 17th amendment considers popular vote or electors as the main method of election of senators. In addition, the 17th amendment included that each senator seeking office must meet certain qualifications, including specific age and residency qualifications (Gailmard 324). Nonetheless, this amendment is responsible for various changes in the United States. Bef ore the 17th amendment, the constitution of the United States had specified that only the legislatures of a senate would elect a senator. Therefore, the American citizens did not participate in the election of their senators. However, beginning the mid 1850’s this election system of senators by the government began to raise concerns among the American citizens, who felt they were being excluded from this important practice. Meanwhile, in 1866, in order to control this election approach, the US Congress passed a law, which was considered the main influence of the 17th amendment. However, this law did not change the election method of senators, thus was less useful, as most people wanted to be involved in voting in their senators. In the year 1893, the proposal for constitutional amendment in favour of direct elections of senators was first made. However, for a long time, this was not implemented, despite it being proposed every year. In 1903, this proposal was made in the US C ongress, but the senate rejected it. However, in May 1912, the Congress passed direct elections of senators as the 17th amendment, and had it ratified in April 1913. Apart from allowing for direct elections of senators, it also allowed for a way of replacing senators, when the senate seat became vacant before the end of a term (Gailmard 324). As seen the government of the United States only allowed the legislatures in a state to elect the senator of their state. Various parties, including the founding fathers who wrote the constitution, as well as President James Madison, influenced this decision. In 1787, various delegates from different states were invited to Philadelphia to attend the Constitutional Convention meant to improve various confederation articles. James Madison attended and kept he took notes during the convention. From Madison’s notes, it is possible to understand the main reasons why the founding fathers, who created the US constitution, were opposed to a Cong ress made up of a single house, thus, supporting the senate. In addition, one might understand why the founding fathers were of the opinion that state legislatures, and not the majority, elect senators. Nonetheless, deciding that state legislatures appoint senators was in a bid to prevent or avoid the election of unethical or incompetent individuals into the senate. The founding fathers

Air pollution Essay Example | Topics and Well Written Essays - 750 words - 1

Air pollution - Essay Example Glass starts his article by stating that the common notion that pollution is a recent problem is completely mistaken. The author backs up his statement by citing research that indicates that air pollution can be traced back many thousands of years to the ancient Greeks and Romans. The author then goes ahead to give a short account of how scientific research shows that industrial activity of the Greeks, particularly silver coin minting, released high amount of lead into the atmosphere. This lead accumulated in lakes and continued to rise as the activities of the Greeks continued. The level of lead in lake sediments also was recorded to have increased with the rise of the Roman Empire but they decreased after the Empire fell. The trend of high levels of lead in lakes started again in 1000 A.D. at a time when Germans were mining silver and lead. By the 19th century, Glass states that lead pollution was 3 and a half times more than it was in the 19th century. At the end of the article, G lass says that air pollution is not a positive thing, but reinforces his initial assertion that the problem is nothing new. The article is quite simple and it does not contain contradictory statements. Glass has not used much in terms of references. He mentions results from research, but he does not specify what research he is referring to. If I was the author of this article, I would have included more information about the source of information. Vidal focuses on the fatal effects that air pollution has on people. He starts by stating that 50,000 people lose their lives prematurely every year due to air pollution. He gives results from the environmental audit committee that show that microscopic particle released after burning fossil fuels shortens lives by 7 to nine years depending on level of exposure. He also says that air pollution does exacerbate illnesses such as asthma, heart disease and respiratory

Decreasing Population of Bachelor of Secondary Education Essay Example for Free

Decreasing Population of Bachelor of Secondary Education Essay INTRODUCTION Anyone who chooses a teaching career in the Philippines must hold a degree in teacher education. Teachers in public and private elementary schools must have at least a bachelor’s degree in elementary education. High school teachers are expected to have a bachelor’s degree in secondary education with specialization (a major and a minor) in high school subjects. Both degrees are awarded upon successful completion of approved teacher education courses in recognized institutions. Teaching in colleges or professional degree programmes at the tertiary level requires at least a master’s degree in a particular area of specialization. But obviously, population of Bachelor of Secondary Education students were decreasing ultimately. Because of these, quality of education in the Philippines will likely face a crisis if the current trends in decreasing college enrolment and increasing dropouts especially Bachelor of Secondary Education and Bachelor of Elementary Education will continue. There are several factors to consider why the population of Education students diminished. Due to continuing tuition hikes, many college students decided to take vocational courses. Recently, the United Nations Educational, Scientific and Cultural Organization (UNESCO) National Commission of the Philippines reported that approximately 22 percent overall student survivals from first to fourth Year College. And undeniably, teacher is a very stressful profession. Teacher engaged in actual classroom teaching that render not more than eight hours of actual classroom teaching a day, preparation and correction of exercises and other work incidental to his/her normal teaching duties. Secondary teachers shall be assigned to no more than six daily forty-minute periods of instruction. For college, the normal teaching load of a full-time instructor shall be eighteen hours a week. The teaching load of part-time instructors who are full-time employees outside of teaching shall not exceed twelve hours per week. However, the average teachers’ salary at present is inadequate as source of livelihood. Teaching is a noble profession companied by the fact that they have a lot of pressure responsibilities to mould people in the society they belong. RELATED LITERATURE Teaching is a profession whose rewards have the potential to be great, yet its challenges have the potential to be frustrating at the same time. Teachers have the opportunity to positively impact their students lives. Helping young people reach their potential is extremely rewarding. However, some students are difficult to connect with, or have problems that interfere with their behavior and performance in the classroom. Aside from that, they also encounter difficulties in their work schedule, most teachers arrive at school early, stay late or bring work home. Planning, grading, meetings, conferences and professional development must be accomplished in addition to the daily teaching of lessons. They are also a typical 10-month employee and are off when school is closed for holidays and vacations. However, teachers may have to get summer jobs to supplement their salaries (Sally Miller, 2005). All higher education institutions in all countries have experienced tension between the demand to be specifically applicable to local needs and the desire to maintain ideas and values of universal reference (Hargreaves, 1973). Basically in Bachelor of Secondary Education or in any other teaching/education courses. The management structure of primary teaching education is inadequately organized to guide teacher education institute in accordance with the national development strategy. Rigidity and inefficiency in the schooling process result from the absence of effective, central and complete planning(Dunkley, 1981). Because of this, teacher’s wanna be decreasing extremely. According to Dr. Rupert Maclean(1988), there are some important implications for the development of the system of teacher education in the region such as: (1) need to recognize that the pursuit of learning is a lifelong process, (2)an examination of the extent to which educational institutions should be autonomous, and the consideration of the social and economic cost and benefits involved when greater autonomy occurs, (3)the reform and expansion of teacher education as a vital step towards the rejuvenation of public education. On the other hand, A Unesco Publication, The Changing Role of the Teacher, states â€Å"There was a time when the teacher’s roles was to pass down to the younger generation the knowledge, experiences and mythology of a slow evolving society The pace of change in contemporary society has made his role redundant. The role of teacher must be, among other things, a change agent. It does not matter whether one is addressing the situation in a developing country or an industrialized nation, the problem remains the same. What are the new dimensions of his/her role, and how is the teacher to be trained to fulfil that role. In examining the changing role of the teacher we need to see the changes as being a response to, and an attempt to confront the pressure of a society undergoing constant transition† (Goble and Porter, 1977). For this statement, we can say that teachers play an important role in changing the education in the society. For example, in Malaysia, education is envisioned to serve two important functions: (1)a means to achieve national unity and (2) a vehicle for national development. Since 1964, English was slowly replace by Bahasa Malaysia, the argument being that a nation system of education using a common medium of instruction, in addition to a common syllabus , will provide a strong base for promoting national unity. Unfortunately, the policy has created inter-ethnic tension, in view of the fact that in Malaysia about 53% are Chinese and about 11% are Indian origin(S. Husin Ali, Chang Yii Tan, Tan Boon Kean, 1987). Teacher is responsible in almost every job in the society especially when we are talking about the future of every student they handle in primary, secondary and tertiary level. Focusing in higher education, according to Trow(1938:132) higher education itself ‘a stratified system of institution, graded formally or informally in status and prestige, in wealth, power and influence of various kind. Moreover, teacher in the Philippines had its beginning as early as Spanish period. Teacher education programs have always been dictated by the urgent needs of the time, Before 1950, there were only a few state colleges offering a teacher education program. However, when the Department of Education reported the gravity of the problem of undersupply of professionally qualified teachers, enrolment in teacher education registered slowly upward. To encourage more schools to offer teacher education courses, requirements for opening normal schools and college were relaxed(Carson, 1978). Furthermore, most countries in the region of Asia recognize the crucial importance of pre-service education for teachers. For instance, the 1986 National Policy on Education states that â€Å"no people can rise above the level of its teachers† (de la Cruz, Leandro, 1988). Lastly, most important evidence of quality in an education system is to be found in the quality of the pupils/students produced. The problem, however, is to arrive at satisfactory indicators which will show that better quality education has been achieve (Adams, 1988). Accordingly, much discussion in quality and standards will show in this research. And also this study will attempt to show what was really the factors we can consider in the change in population of education students. For future studies, it will be necessary to analyze different data that related in the given topic. This research will have the great contribution in people awareness especially students on what are the trends in higher education. METHODOLOGY In order to gain information, the researcher conducted an interview with the highschool teacher including Mrs. Carol Isidro (Filipino II), Mrs. Crisamie Mendieta(Physics), Mrs. Laudato (Filipino II), Mrs. Musa (English I) and university instructors namely Ms. Michelle Zuniga (ITEC), Ms. Rona Feranil (Math), Ms. Jeneth Menil (P.E. and English), Mrs. Cherry Rose S. Uminga (Biology), Mrs. Grace Balingit ( Campus Asst. Librarian). It was made on March 3-5, 2010 at the Carmona National Highschool and Cavite State University- Carmona Campus. The researchers were able to perform an interview through the use of interview sheet/form/guide which the data currently record. They also used a pen to write every single information that the interviewee provide. During the pre-interview stage, the researchers put all the possible questions in a sheet of paper and improve it through the use of Microsoft word 2003. They also used Xerox machine to multiply the number of interview form/ guide. At the interview proper, the researchers used English language as the mode of communication. They apply formal way of gathering the point of views of the target population. And at the post interview stage, the researcher combined all ideas that the sample population had provide. Some of the information they were able to gather play an important role in interpreting the different ideas in understanding the cause of the issue of decreasing population of Bachelor of Secondary Education. RESULTS AND DISCUSSION In pre-Spanish times, education was informal, unstructured, and devoid of methods. Children were provided more vocational training and less academics by their parents and in the houses of tribal tutors. Major changes in education system happened during the Spanish colonization. The tribal tutors were replaced by the Spanish Missionaries. Education was religion-oriented. It was for the elite, especially in the early years of Spanish colonization. But education during that period was inadequate, suppressed, and controlled. According to a new report of Commission on Higher Education (CHED), that the number of tertiary population in schoolyear 2002-2003 was 1.87 million compared to 2.4 million in 1994-1995. It cites however that general population of college students in the universities without classifying the program they belong was decrease incredibly. Even though there have not been any formal studies and analysis about this subject, there are several people and organization that will contribute in the explanation of the issue. According to Raymond Palatino, vice president of Anak ng Bayan (nation’s youth), college students who can no longer afford to study a four year course are planning to shift in other program usually vocational just to achieve their dream of earning a college diploma. In the lowering economic status of the Philippines, teachers play an important role in molding a future to a better one. Bachelor of Secondary Education program and many other teaching-related program students will likely face a doubt in pursuing their profession. They are more responsible in all aspects of an economy rather than any other job. Thus, they have great mission in everyone’s life. The purpose of this research is to provide consciousness towards the current issue of diminishing number of college students specifically Bachelor of Secondary Education students. Knowledge about this topic would make people aware in possibilities and reasons behind education status of a country. Concerning the standard of education in the Philippines, in June 2009 the president of the Federation of Accrediting Agencies of the Philippines (FAAP) cited the Congressional Commission on Education (EDCOM) notice a continuing decline in the quality of education in this country. He said this was due to four main factors: a) mismanagement of the educational system, b) not investing wisely in education, c) lack of management competencies, d) systemic corruption. Another reason why the Philippines is not a major supplier of tertiary education for overseas students in the region is because some instructors and professors in SUC’s (state universities and colleges) be deficient in several abilities in professional teaching. These mandated subjects include the life and works of Filipino national hero Dr Jose Rizal, three subjects of Filipino language, and basic mathematics, science, and Filipino cultural subjects more appropriate for senior high school than for tertiary level. Also in order for the researcher to have primary information about the certain matter, they conducted an interview and look some documents that will testify the population of Bachelor of Secondary Education students in Cavite State University and Carmona National Highschool located at the community of Carmona, Cavite. The basic purpose of the interview was to gather different opinions and personal point of views of the people which generally related to the issue and the aim of the documents was to show relation of different information. The mode of communication during the interview proper is in English language in order to show formality and may give highly appropriate information. The prepared question in the interview guide/form was commonly as regards to the behavior, characteristics and ability of the sample population. From the school documents of Cavite State University, the researcher was able to identify the number of Bachelor of Secondary Education during first and second semester since 2002 at given university. As a follow up to this information, the Graph 1 shows the overall population of the enrollees of BSE program. Figure 1 Graph of enrolled students in BSE program at CvSU Carmona Campus, (Mrs. Mojica, Campus Registrar) As can be seen by the graph, the population of Bachelor of Secondary Education was inconsistent. At school year 2002-2003, during first semester of given year, the recorded population was 22 enrollees. At the latter part or in second semester, the population increased by 26. The population through that year (2002-2003) was said to be slightly increased. At first semester of 2003-2004, the enrollees were 84, and at the second semester in decreased by 76. At the first semester of 2004-2005, the documented enrollees increased by 119, and at the second semester, the enrollees extremely increased by 124. The inconsistency of the population appears at the middle of the year between 2002 to 2007. During the first semester, the population of Bachelor of Secondary Education at year 2005-2006 was 132 and at the second semester it declines to 121. At reach of 2006, the population on that particular campus noticeably decreases. The year 2006-2007, first semester, the enrollees was 110, it decrease to 104. And at the following year (2007-2008), the BSE students was consisted of 86 (first semester) and 93(second semester). At 2008-2009, the BSE program students got their smallest population at only 71 during first semester and 66 at second semester. Fortunately, it survives and reaches 84 enrollees at first semester of the year 2009-2010 and at second semester it decreased to 71. The population in that particular campus was the number of Bachelor of Secondary Education students in all year levels. The researchers also gather information from the teachers of Carmona National Highschool and instructors of Cavite State University-Carmona Campus through interview. From 5 sample population that the researchers were able to interview, such results only shows that people are aware in the tertiary level issue especially in teaching program. The first question at the interview guide was the reasons why did they choose Education program as their profession. From 5 interviewees 2 of them answered that that’s their parent’s choice. Also 2 of them proclaimed as their passion at the remaining one said that it’s their childhood dream. The result of first question shows that variation in reasons on choosing their program occurs. There are several aspects in choosing a program. It may be the behavior of a students or the behavior of the people around them. Another question although too broad to discuss â€Å"what are the factors to consider in choosing a program?† According to the observation of teachers/instructors there are too many factors they consider in entering the field of teaching. It can be the (1)parents choice, (2)job demand, (3)stability or security of the future job, (4) location of the school, (5)availability of the school, (6)scholarship offered, (7) line of interest, passion, personal choice or childhood dream (8) affordability or in financial matters, (9)relatives or friends influence. Another question answered by the interviewee, â€Å"What did you notice in the population of Bachelor of Secondary Education nowadays?† tested the attentiveness of the respondents. The result was interesting because majority showed that they see population of BSE students was said to be decreased. Only 1 of them, out of 5 answered that it increased. In order for the researcher to identify point of views of the sample population about the factors that affect the decreasing population of BSE students, they include it in their interview guide. The results of the question give ideas about the aspects which is much related in a given topic. The main factors given by the teacher/instructors were: (1) financial, (2) job demand, (3) unable to reach the standard, (4) majorship offered in the universities, (5) stressful, (6) issues or bad images of the teachers nowadays, (7) salary, and (8) chance to go abroad. The result of this question provides an appropriate answer about the certain topic. Although no longer the main component of this research, most of the target population that researchers able to interview has smaller number of colleagues whom they really want to be a teacher. According to Ms. Jeneth Menil (Engl and P.E. teacher in CvSU), and Ms. Tita Salamatin (English instructor in CvSU) approximately 10 % of her overall classmates in highschool really wants to be a teacher. And base on the observation Ms. Michelle Zuniga (ITEC teacher in CvSU) there are only 5 % wishes to be a teacher. Mrs Crisamie Mendieta (Physics teacher in CNHS) proclaimed that 2 out of 40 of her secondary classmates has a passion of teaching. While Mrs. Musa (English teacher in CNHS) notified that there are about 20 % of her highschool colleagues would like to be an educator. Fortunately, according to them, most of their highschool classmates including the teachers/instructors they interviewed whom wants to be a teacher pursued what they really want to be. Luckily, after several years of studying in teahing profession most of them succeed to be a teacher. But during their stage of studying in college, their college colleagues their population inside the campus as the Bachelor of Secondary Education students, their population said to be diminished as they reach their senior year. They give possible reason on why this condition occurs. The target interviewee told so that money is one of the greatest possible reasons for that. Some of their classmates choose the more convenient, time-saving courses such as vocational courses. Another reason was some of their colleagues realized that it is not their line of interest or their passion. According to Mrs. Mendieta others would like to take medicine/nursing for they think that it is in demand abroad. Lastly, the researcher confirmed that the population of Bachelor of Secondary Education decline after several years of establishing a teaching related field. They also give an idea about several factors on why this circumstance triggers. CONCLUSION The researchers prove that the population of students taking up of Bachelor of Secondary Education (BSE) is decreasing due to the different reasons. The researchers also conclude that there are several factors that really affect on students in order for them not to choose teaching programs. Those factors include: (1) financial, (2) job demand, (3) unable to reach the standard, (4) majorship offered in the universities, (5) stressful, (6) issues or bad images of the teachers nowadays, (7) salary, and (8) chance to go abroad. Each factor was perceived by the target population which consists of highschool teachers and university instructors. This research show that aside from giving readers an idea about the condition in terms of population of the tertiary level students specifically Bachelor of Secondary Education (BSE) program, it also provide awareness about the factors that affect in this phenomenon. Although not really a main part of the research, the researchers still provide information about the vast majority of teachers interviewed indicate that they are satisfied with their jobs, but there are problems. While teachers salaries have improved, many teachers believe that their pay is still inadequate. Local conditions have a major impact on teacher satisfaction. On the teachers wish list for job improvement are lighter workloads, more parental support, fewer discipline problems, and greater administration support. Students at tertiary level have a freedom to choose what program they were able take, but researchers tries to identify the major causes, effects, and explanation in the current trends in the society. They also supply needed information and data in order to understand what really the topic is. Recommendations, suggestions, clarifications and point of views by different kind of people combined in only one research paper and organize it according to purpose. This research aims to promote the Bachelor of Secondary Education program and it also intends to increase the number of enrollees to certain program.

durkheim division of laber Essay -- essays research papers

  Ã‚  Ã‚  Ã‚  Ã‚  Emile Durkheim main concern was social order, and how individual integrated to maintain it. The Division of Labor was one of Durkheim’s first major works. Society is a system of inter-related and inter-connected of not only individuals but also subgroups interacting with one another. Durkheim is interested on how this division of labor changes the way that individuals feel when they are part of society as a whole. As society advances it becomes more complex, and as it becomes more complex, it gets harder to maintain with the rise of conflict. According to Durkheim, this is why society has its division of labor, and in order to survive, society is broken down to certain specializations where people are more dependent on each other. Durkheim believed that the division of labor begins when the social, economic and political boundaries dividing segments begin to break down and smaller segments come together. Within these segments, Durkheim describes another deg ree of integration which is broken down into two aspects; Mechanical Solidarity and Organic Solidarity. Within in these social solidarities, he identifies a system of social relations linking individuals to each other and to the society as a whole.   Ã‚  Ã‚  Ã‚  Ã‚  Societies where solidarity is mechanical, are referred to a bonding of individuals based on common beliefs and values, which more tied by a kinship aspect. â€Å"Mechanical Solidarity is based upon a strong collective conscience regulating the thought and actions of individuals located with structural units that are all alike† (Turner). Individuals are bind together where they share a similar customs and morality. As a result of this type of social link, it is difficult to distinguish the individual’s values versus society’s value. Because people live in a community where each individual must work together to provide a well-being for another, they become far too dependent on each other. This type of livelihood suppresses the individual conscience and in fact encourages the collective conscience. By having such a homogenous population, a system of belief is uniformly shared throughout, constructing a standardized attitude and actions amongst th e people often rooted in religious laws. Social bonds are of responsibility rather than contract, therefore the division of labor is divided into tasks for collective... ... to abide by. According to Durkheim, morality consists of three elements: rules, attachments to groups, and voluntary constraint. Morality is essentially a system of rules for guiding the actions of people. In addition to these guidelines, moral rules attach people into groups. Man does not associate with society as a whole; he on the other hand, has a closer relationship with several smaller groups: for example families, churches, and further more political associations. Morality provides self-control and a commitment to collectiveness. With the presence of moral rules, anomie, safe to say can be eliminated, and social control is strengthened. Another way that morality contributes to social control is voluntary constraint. The people are more disciplined. However, this is does not always apply to any society. In a simpler or mechanical society, where collective conscience is high, â€Å"morality seems to operate automatically.† The natural growth of complexity seems to th e deteriorate morality, where it must be implemented in order to maintain social control. Through moral education and strengthening values within associations, and as society advance, social control will be preserved.

Do Judges Make Law

Introduction A law  is an obligatory rule of conduct imposed and enforced by the sovereign[1]. Therefore the law is the body of principles recognized and enforced by the state in the application of justice. The law is mainly made by a parliament, a legislative body given power by the constitution to draft law. However in the last few decades there has been a notion that judges make law. A judge  is a public official appointed or elected to hear and decide legal matters in court[2],  Judges exercise judicial power. This involves making binding decisions affecting the rights and duties of citizens and institutions.In carrying out this task, a judge can use any of the following three sources of Ugandan law, Acts of Parliament or legislation, the common law, or previous decisions by the courts and  a constitution Do judges make law? To ask the question â€Å"do judges make law? †Ã‚  Implies that perhaps to some extent they do make law. A great deal of controversy has cente red on this question as to how far judges can legitimately make law although a great number such as lord Bentham have referred to it as a â€Å"childish fiction† thus judges cannot make law.Many other scholars more so those that are followers of the realist school of thought have  placed absolute emphasis on the discretion of judges and relegated the â€Å"rules† to an obscure position. It can however not be denied looking closely at the present legal system that judges have played a dominant role in moulding the doctrines of the present law for example the common law which is also referred to as judge made law. Nevertheless today no informed observer disputes that judges do especially those of the Supreme Court make law. In the same way the likes of lord Denning moulded the doctrines of the law of contract and otherwise.To answer if judge make law lets its crucial to analyse how they do so. The application of  precedent by judges, whether they are developing the c ommon law (for e. g. in areas such as negligence or murder) is the main mechanism whereby judges make law. Precedents are legal principles, created by a court decision, which provides an example or authority for judges deciding similar issues later. Generally, decisions of higher courts are mandatory precedent on lower courts that is; the principle announced by a higher court must be followed in later cases.Occasionally, judges are called upon to give a ruling or make a decision when faced with a situation for which there seems to be no precedent or any guiding rule. In these circumstances, judges can be said to be formulating original precedent thereby using his own discretion regarding when he thinks rules need to be applied, changed, improved, or abolished. In  A. G v Butterwort[3]  lord Denning states that; â€Å"It may be in the books, but if this be so all I can say is that  thee sooner we make it the better†.Therefore a judge in using his discretion  the phrase commonly used here is that he decides not on precedent but on principle, the difference is that in one case he is applying a principle illustrated by a previous example, in the other case he is employing a case not previously formulated but consonant with the whole doctrine of law and justice. Further because statutes and common law rules are often too vague and unclear it is often inevitable in â€Å"hard cases† for a judge to create new law by deciding cases.The decision of courts of justice when exactly in point with a case before the court are generally held to have a binding authority, as well to keep the scale of justice even and steady because the law in that case has been solemnly declared and determined. Judges further make law through  statutory interpretation. The trend has always been that the legislature makes the law while the judges interpret it. Legislation may sometimes be ambiguous or unclear. When this occurs, a court will need to decide between differen t interpretations of legislation. The common law is judge made law.It has been developed by the courts. It continues to be adapted to meet new situations and changing circumstances. The role of judges in interpreting legislation and the Constitution is similar. The Constitution is written in more brief and general language than most Acts of Parliament. This is because it is expected to last longer and be able to accommodate changing circumstances. This style leads to a greater range of interpretations. Over the years, the Supreme Court has made decisions which have affected the practical operation of the Constitution.The parliament which is in charge of law making cannot amend each and every law simply because it fast becoming obsolete. Therefore when the law becomes unclear judges cannot simply say it’s unclear and ask the parliament to rectify it. Judges must take the law into their own hands to and interpret the laws to an extent that is reasonable and in the bounds of law and reason thus they should generally accept responsibility of reforming the law in the interests of clarity, efficiency and fairness.In  Airedale NHS v Bland[4]  the issue was whether it was lawful to stop supplying drugs and artificial feeding to Mr Bland, even though it was known that doing so would mean immediate death for him, several members of the house of lords made it clear that they felt that the case raises ‘wholly new moral and social issues’ and that it should be decided by parliament, nevertheless the court came to a decision in the best of Mr Bands interests. According to William burnet Harvey; â€Å"A judge in laying down a rule to meet these situations is certainly making a new contribution to our law but only within limits usually well defined.If he has to decide upon the authority of natural justice or simply the common sense of the thing he employs the kind of natural justice or common sense which he has absorbed from the study of the law and w hich he believes to be consistent with the general principles of English jurisprudence. †Ã‚  Ã‚   It is clear from the above statements that, not only constitutional interpretation, but also statutes have to be interpreted with the changing times and it is here that the creative role of the judge appears, thus the judge clearly contributes to the process of legal development.This is evidence of the power of the courts in their ability to create law through there simple interpretation of the law. However it should be noted that this is not a power readily available such that it can be used at the courts convenience. The above analysis shows how judges can â€Å"make† law. However the word make should be used with extreme caution. The above argument is one that can also be used to support the fact that rather than make law, judges simply declare law. According Lord M.R;  Ã¢â‚¬Å"there is in fact no such thing as judge-made law, for the judges do not make the law, though the frequently have to apply existing law to circumstances as to which is has not previously been authoritatively laid down that such law is applicable[5]. †Ã‚  Ã‚  It’s therefore relevant to establish the reasons as to why some scholars do not agree with the fact that judges do not make law. Why judges do not make law The Constitution provides for a complete  separation of judicial power. This is one limitation on judges because it prevents courts from exercising powers which are not â€Å"judicial† in character.The constitution of the republic of Uganda provides for that existence of three arms of government, all vested with powers that are in all ways distinct. The parliament by virtue of the constitution is that charged with the duty of making law. The constitution provides  that  Ã¢â‚¬Å"except as provided in this constitution, no person or body other than parliament shall have the power to make provisions having the force of law in Uganda except under authority conferred by an Act of parliament[6]†Ã‚  This is a clear example of the supremacy of parliament.Thus the separation of powers is a political and administrative tool that holds the pillars democracy together. And in a country under the rule of law the judiciary with its well defined limits cannot step into the shoes of the parliament. The constitution is the most supreme law of the land and its prohibition of the other arms of government to make law should be taken seriously  thus if the judiciary is exercising such a powerful role, it should be more open to criticism and the contempt power should be used only rarely.Otherwise, it will reflect on the judiciary as a dictator Further the  rules of statutory interpretation  further bar judges from making law. Its generally agreed that in order to interpret statutes judges must use precision based procedural rules. Statutory interpretation employs  the literal rule, the golden rule and the mischief rule. They are guidelines that must be followed in the interpretation statutes. This is meant to reduce the entry of bias or judge’s discretion which may be unethically motivated.Therefore a judge who formulates a legal principle for the first time does so as an existing part of the law and not as a legislative innovation of his own. In general, principles are identified by showing that they are embedded in the established rules and decisions, The rules of precedent. A precedent is a Legal principle, created by a court decision, which provides an example or authority for judges deciding similar issues later. Precedents are the source of most of judge made law. The common law practically evolved out of precedents.However precedents are bound by rules that limit law making by judges. Decisions of lower courts are not binding on higher courts, although from time to time a higher court will adopt the reasoning and conclusion of a lower court. Decisions by courts of the same level (usually appel late courts) are considered persuasive authority. That is, they should always be carefully considered by the later court but need not be followed. The constitution states that all laws must have a binding effect on all persons and authorities.Precedents in their inability to be binding on courts that is higher than them and applying only a persuasive to courts of the same level dilutes their  Ã‚  ability to be termed as laws or have the ability to act like laws. Further to render precedents valid they must be founded in reason and justice; must have been made upon argument, and be the solemn decision of the court; and in order to give them binding effect there must be a current of decisions therefore court judges are not at liberty to exercise their freewill but rather their discretion must pass the test of fairness and reasonability.Conclusion Judicial power involves making binding decisions, affecting the rights and duties of people and institutions, by reference to existing law . Existing law is found in legislation, judicial decisions or common law, and the constitutions. In applying any of these sources of law, judges make law to a limited degree. The term ‘limited’ should be noted. The power to make law is primarily vested in the parliament and under the constitution judges are under no obligation to make law.However in today’s world where time is dynamic there is a need to constantly interpret the law to fit the ever changing times. Judges are most paramount at this stage because they cannot send laws back for rectification simply because the times have changed. It’s up to them to exercise the utmost reasonable discretion and interpret the law in such a manner that is complementary to the current mode of life in so doing making law. Indeed the power to make law is one that is not vested in judges but it cannot be denied that to some extent they actually do make law.Bibliography 1. William Burnett Harvey,  Introduction to th e Legal System in East Africa,  East African Literature Bureau, Kampala, Nairobi  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   2. Glanville Williams  Learning the Law 12th  ed. Sweet & Maxwell 2002 pg 111  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   3. The Constitution Of The Republic Of Uganda  Article 79 4. .Osborn’s concise Law Dictionary, 10th  Edition, Sweet & Maxwell, London. 2005 Pg 238  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   5.Blackstone’s Commentaries 69, 70  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã ‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   6. Jacqueline Martin,  The English Legal System, 3rd  Ed. Hodder & Stoughton 2002 pg. 18  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   7. [1]  Catherine Elliot,  The English Legal System  8th  edition [1]  Osbornes concise law dictionary, 10th  edition, page 236 [2][2]  Blacks law dictionary [3] [4] [5]  Att-General v butterwort. [6]  Article 79, the constitution of the republic of Uganda Do Judges Make Law Introduction A law  is an obligatory rule of conduct imposed and enforced by the sovereign[1]. Therefore the law is the body of principles recognized and enforced by the state in the application of justice. The law is mainly made by a parliament, a legislative body given power by the constitution to draft law. However in the last few decades there has been a notion that judges make law. A judge  is a public official appointed or elected to hear and decide legal matters in court[2],  Judges exercise judicial power. This involves making binding decisions affecting the rights and duties of citizens and institutions.In carrying out this task, a judge can use any of the following three sources of Ugandan law, Acts of Parliament or legislation, the common law, or previous decisions by the courts and  a constitution Do judges make law? To ask the question â€Å"do judges make law? †Ã‚  Implies that perhaps to some extent they do make law. A great deal of controversy has cente red on this question as to how far judges can legitimately make law although a great number such as lord Bentham have referred to it as a â€Å"childish fiction† thus judges cannot make law.Many other scholars more so those that are followers of the realist school of thought have  placed absolute emphasis on the discretion of judges and relegated the â€Å"rules† to an obscure position. It can however not be denied looking closely at the present legal system that judges have played a dominant role in moulding the doctrines of the present law for example the common law which is also referred to as judge made law. Nevertheless today no informed observer disputes that judges do especially those of the Supreme Court make law. In the same way the likes of lord Denning moulded the doctrines of the law of contract and otherwise.To answer if judge make law lets its crucial to analyse how they do so. The application of  precedent by judges, whether they are developing the c ommon law (for e. g. in areas such as negligence or murder) is the main mechanism whereby judges make law. Precedents are legal principles, created by a court decision, which provides an example or authority for judges deciding similar issues later. Generally, decisions of higher courts are mandatory precedent on lower courts that is; the principle announced by a higher court must be followed in later cases.Occasionally, judges are called upon to give a ruling or make a decision when faced with a situation for which there seems to be no precedent or any guiding rule. In these circumstances, judges can be said to be formulating original precedent thereby using his own discretion regarding when he thinks rules need to be applied, changed, improved, or abolished. In  A. G v Butterwort[3]  lord Denning states that; â€Å"It may be in the books, but if this be so all I can say is that  thee sooner we make it the better†.Therefore a judge in using his discretion  the phrase commonly used here is that he decides not on precedent but on principle, the difference is that in one case he is applying a principle illustrated by a previous example, in the other case he is employing a case not previously formulated but consonant with the whole doctrine of law and justice. Further because statutes and common law rules are often too vague and unclear it is often inevitable in â€Å"hard cases† for a judge to create new law by deciding cases.The decision of courts of justice when exactly in point with a case before the court are generally held to have a binding authority, as well to keep the scale of justice even and steady because the law in that case has been solemnly declared and determined. Judges further make law through  statutory interpretation. The trend has always been that the legislature makes the law while the judges interpret it. Legislation may sometimes be ambiguous or unclear. When this occurs, a court will need to decide between differen t interpretations of legislation. The common law is judge made law.It has been developed by the courts. It continues to be adapted to meet new situations and changing circumstances. The role of judges in interpreting legislation and the Constitution is similar. The Constitution is written in more brief and general language than most Acts of Parliament. This is because it is expected to last longer and be able to accommodate changing circumstances. This style leads to a greater range of interpretations. Over the years, the Supreme Court has made decisions which have affected the practical operation of the Constitution.The parliament which is in charge of law making cannot amend each and every law simply because it fast becoming obsolete. Therefore when the law becomes unclear judges cannot simply say it’s unclear and ask the parliament to rectify it. Judges must take the law into their own hands to and interpret the laws to an extent that is reasonable and in the bounds of law and reason thus they should generally accept responsibility of reforming the law in the interests of clarity, efficiency and fairness.In  Airedale NHS v Bland[4]  the issue was whether it was lawful to stop supplying drugs and artificial feeding to Mr Bland, even though it was known that doing so would mean immediate death for him, several members of the house of lords made it clear that they felt that the case raises ‘wholly new moral and social issues’ and that it should be decided by parliament, nevertheless the court came to a decision in the best of Mr Bands interests. According to William burnet Harvey; â€Å"A judge in laying down a rule to meet these situations is certainly making a new contribution to our law but only within limits usually well defined.If he has to decide upon the authority of natural justice or simply the common sense of the thing he employs the kind of natural justice or common sense which he has absorbed from the study of the law and w hich he believes to be consistent with the general principles of English jurisprudence. †Ã‚  Ã‚   It is clear from the above statements that, not only constitutional interpretation, but also statutes have to be interpreted with the changing times and it is here that the creative role of the judge appears, thus the judge clearly contributes to the process of legal development.This is evidence of the power of the courts in their ability to create law through there simple interpretation of the law. However it should be noted that this is not a power readily available such that it can be used at the courts convenience. The above analysis shows how judges can â€Å"make† law. However the word make should be used with extreme caution. The above argument is one that can also be used to support the fact that rather than make law, judges simply declare law. According Lord M.R;  Ã¢â‚¬Å"there is in fact no such thing as judge-made law, for the judges do not make the law, though the frequently have to apply existing law to circumstances as to which is has not previously been authoritatively laid down that such law is applicable[5]. †Ã‚  Ã‚  It’s therefore relevant to establish the reasons as to why some scholars do not agree with the fact that judges do not make law. Why judges do not make law The Constitution provides for a complete  separation of judicial power. This is one limitation on judges because it prevents courts from exercising powers which are not â€Å"judicial† in character.The constitution of the republic of Uganda provides for that existence of three arms of government, all vested with powers that are in all ways distinct. The parliament by virtue of the constitution is that charged with the duty of making law. The constitution provides  that  Ã¢â‚¬Å"except as provided in this constitution, no person or body other than parliament shall have the power to make provisions having the force of law in Uganda except under authority conferred by an Act of parliament[6]†Ã‚  This is a clear example of the supremacy of parliament.Thus the separation of powers is a political and administrative tool that holds the pillars democracy together. And in a country under the rule of law the judiciary with its well defined limits cannot step into the shoes of the parliament. The constitution is the most supreme law of the land and its prohibition of the other arms of government to make law should be taken seriously  thus if the judiciary is exercising such a powerful role, it should be more open to criticism and the contempt power should be used only rarely.Otherwise, it will reflect on the judiciary as a dictator Further the  rules of statutory interpretation  further bar judges from making law. Its generally agreed that in order to interpret statutes judges must use precision based procedural rules. Statutory interpretation employs  the literal rule, the golden rule and the mischief rule. They are guidelines that must be followed in the interpretation statutes. This is meant to reduce the entry of bias or judge’s discretion which may be unethically motivated.Therefore a judge who formulates a legal principle for the first time does so as an existing part of the law and not as a legislative innovation of his own. In general, principles are identified by showing that they are embedded in the established rules and decisions, The rules of precedent. A precedent is a Legal principle, created by a court decision, which provides an example or authority for judges deciding similar issues later. Precedents are the source of most of judge made law. The common law practically evolved out of precedents.However precedents are bound by rules that limit law making by judges. Decisions of lower courts are not binding on higher courts, although from time to time a higher court will adopt the reasoning and conclusion of a lower court. Decisions by courts of the same level (usually appel late courts) are considered persuasive authority. That is, they should always be carefully considered by the later court but need not be followed. The constitution states that all laws must have a binding effect on all persons and authorities.Precedents in their inability to be binding on courts that is higher than them and applying only a persuasive to courts of the same level dilutes their  Ã‚  ability to be termed as laws or have the ability to act like laws. Further to render precedents valid they must be founded in reason and justice; must have been made upon argument, and be the solemn decision of the court; and in order to give them binding effect there must be a current of decisions therefore court judges are not at liberty to exercise their freewill but rather their discretion must pass the test of fairness and reasonability.Conclusion Judicial power involves making binding decisions, affecting the rights and duties of people and institutions, by reference to existing law . Existing law is found in legislation, judicial decisions or common law, and the constitutions. In applying any of these sources of law, judges make law to a limited degree. The term ‘limited’ should be noted. The power to make law is primarily vested in the parliament and under the constitution judges are under no obligation to make law.However in today’s world where time is dynamic there is a need to constantly interpret the law to fit the ever changing times. Judges are most paramount at this stage because they cannot send laws back for rectification simply because the times have changed. It’s up to them to exercise the utmost reasonable discretion and interpret the law in such a manner that is complementary to the current mode of life in so doing making law. Indeed the power to make law is one that is not vested in judges but it cannot be denied that to some extent they actually do make law.Bibliography 1. William Burnett Harvey,  Introduction to th e Legal System in East Africa,  East African Literature Bureau, Kampala, Nairobi  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   2. Glanville Williams  Learning the Law 12th  ed. Sweet & Maxwell 2002 pg 111  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   3. The Constitution Of The Republic Of Uganda  Article 79 4. .Osborn’s concise Law Dictionary, 10th  Edition, Sweet & Maxwell, London. 2005 Pg 238  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   5.Blackstone’s Commentaries 69, 70  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã ‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   6. Jacqueline Martin,  The English Legal System, 3rd  Ed. Hodder & Stoughton 2002 pg. 18  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   7. [1]  Catherine Elliot,  The English Legal System  8th  edition [1]  Osbornes concise law dictionary, 10th  edition, page 236 [2][2]  Blacks law dictionary [3] [4] [5]  Att-General v butterwort. [6]  Article 79, the constitution of the republic of Uganda

“I do, I will, I have” Essay

Ogden Nash's poem, â€Å"I do, I will, I have† is about the formal union of a man and a women. It's usually recognized by the law in which they become husband and wife. In other words, it's a poem about a marriage. He's describing the way a marriage works. I think many people could agree or disagree with his views, however, he outlines the basics to a marriage.Without describing his poem line from line, the overall purpose of this poem is to point out that marriages are always different. Typically a marriage won't work out when the two people are exactly the same. When he wrote â€Å"just as I am unsure of the differnce between flora and fauna and flotsam and jetsam,† he's comparing two different words that have the same meaning. This can relate to marriage in which the meaning of a marriage will always be the same but always with two different lives. That phrase is considered to be an idiom. It's a metaphorical statement with a figurative meaning that's separate from i ts literal meaning.In line 13, the word â€Å"Quick† is capitalized. When I first read this, I thought she was telling him to quickly get up. Then I realized it was capitalized and the word actual could be used to describe what she's saying or as his name. The title of the poem â€Å"I do, I will, I Have† I think it's significant as well. It's showing that most marriages end in divorce. It would either be his experience or the experience of many others. Another observation I made is from lines 11 through 14.He's not only showing they have two different views but the differences in being optimistic and pessimistic. The guy is seen as being optimistic. He's very laid back, hopeful and confident about things. Shes very pessimistic and things the worst and always seems to be worrying. I think with this statement he's showing the stereotype between a man and a women. Most men and women are seen in the same way that he portrayed them.Now days marriages aren't as common as th ey used to be. Less people are getting married today rather than in the past. I think this stereotype has to do with both peoples views and experiences but also the fear of a heartbreak. When he wrote â€Å"that is why marriage is more interesting than divorce,† he's saying that there's more to a marriage than most people see. His poem views marriage in a good way in the beginning but then it leads to divorce. Now days I think it's always seen in both ways from the beginning and that's why there are less marriages.

Colonialism and the Caribbean essays

Colonialism and the Caribbean essays Before one can appropriately discuss the validity of this claim one must first establish and comprehend what was colonialism, what were the social, economic, political, and cultural models instituted during and after colonialism. One must also have an understanding of the history of the Caribbean in order to appropriately establish and comprehend why things are the way it was, is, and is going to be. Colonialism, according to the Cambridge Encyclopaedia is a policy whereby a body of persons from a parent country migrates to and settles in acquired or conquered territories beyond the borders of their country. The colony of settlers establishes an administration that is subordinate to that of the mother country. A colony or foreign extension of an expanding power is therefore a political entity set up in a distant, eternal land, for purposes of settlement and exploitation, by a group of white settlers from a mother country that establishes ownership and sovereignty over the territory, which is kept dependent upon that mother country. Colonialism was a system for conquering or otherwise acquiring and managing non-independent territories, for extracting their mineral resources such as gold and silver, and for exploiting their agricultural and other raw materials, as well as their labour as cheaply as possible, for the benefit of the strong, white European powers over the weak, people of the Caribbean. Above all it was a system for the social, economic, political and cultural over-rule of the helpless in the Caribbean colonies by the colonial power that were militarily and technologically superior.Colonialism went hand in hand with nationalism and mercantilism and together these represented a closed system within which the parent country, particularly Britain in the eastern Caribbean, was dominant, and the colonies like Barbados were kept in a state of dependency. The colonies produced the raw materials and agricultural pro...

Definition and Examples of Parrhesia

Definition and Examples of Parrhesia In classical rhetoric, parrhesia is free, frank, and fearless speech. In ancient Greek thought, speaking with parrhesia meant saying everything or speaking ones mind. An intolerance of parrhesia, notes S. Sara Monoson, marked tyranny of both the Hellenic and Persian varieties in the Athenian view. . . . The coupling of freedom and parrhesia in the democratic self-image . . . functioned to assert two things: the critical attitude appropriate to a democratic citizen, and the open life promised by democracy (Platos Democratic Entanglements, 2000). Examples and Observations The author of [Rhetorica] ad Herennium discussed a figure of thought called parrhesia (frankness of speech). This figure occurs when, talking before those to whom we owe reverence or fear, we yet exercise our right to speak out, because we seem justified in reprehending them, or persons dear to them, for some fault (IV xxxvi 48). For example: The university administration has tolerated hate speech on this campus, and so to some extent they are responsible for its widespread use. An opposing figure is litotes(understatement), where a rhetor diminishes some feature of the situation that is obvious to all.(Sharon Crowley and Debra Hawhee, Ancient Rhetorics for Contemporary Students. Pearson, 2004)To best reflect the meanings in its own context, parrhesia should be thought of as true speech: the parrhesiastes is the one who speaks the truth. Parrhesia required that the speaker use the most direct words and expressions possible in order to make it clear that whatever he might be saying wa s his own opinion. As a speech activity, parrhesia was largely limited to male citizens.(Kyle Grayson, Chasing Dragons. University of Toronto Press, 2008) What is basically at stake in parrhesia is what could be called, somewhat impressionistically, the frankness, freedom, and openness, that leads one to say what one has to say, as one wishes to say it, when one wishes to say it, and in the form one thinks is necessary for saying it. The term parrhesia is so bound up with the choice, decision, and attitude of the person speaking that the Latins translated it by, precisely, libertas [speaking freely].(Michel Foucault, The Hermeneutics of the Subject: Lectures at the College de France 19811982. Macmillan, 2005)The Fearless Speech of Malcolm XMalcolm X is the great example of parrhesia in the black prophetic tradition. The term goes back to line 24A of Platos Apology, where Socrates says, the cause of my unpopularity was my parrhesia, my fearless speech, my frank speech, my plain speech, my unintimidated speech. The hip hop generation talks about keeping it real. Malcolm was as real as it gets. James Brown talked about make it funky. Malc olm was always. Bring in the funk, bring in the truth, bring in the reality. . . .When Malcom looked at black life in America, he saw wasted potential; he saw unrealized aims. This kind of prophetic witness can never be crushed. There was no one like him in terms of having the courage to risk life and limb to speak such painful truths about America.(Cornel West, Firebrand. Smithsonian, February 2015) Eisenhower on the Military-Industrial ComplexWe annually spend on military security alone more than the net income of all United States corporations.Now this conjunction of an immense military establishment and a large arms industry is new in the American experience. The total influenceeconomic, political, even spiritualis felt in every city, every Statehouse, every office of the Federal government. We recognize the imperative need for this development. Yet, we must not fail to comprehend its grave implications. Our toil, resources, and livelihood are all involved. So is the very structure of our society.In the councils of government, we must guard against the acquisition of unwarranted influence, whether sought or unsought, by the military-industrial complex. The potential for the disastrous rise of misplaced power exists and will persist. We must never let the weight of this combination endanger our liberties or democratic processes. We should take nothing for granted. Only an aler t and knowledgeable citizenry can compel the proper meshing of the huge industrial and military machinery of defense with our peaceful methods and goals, so that security and liberty may prosper together. . . .Disarmament, with mutual honor and confidence, is a continuing imperative. Together we must learn how to compose differences, not with arms, but with intellect and decent purpose. Because this need is so sharp and apparent, I confess that I lay down my official responsibilities in this field with a definite sense of disappointment. As one who has witnessed the horror and the lingering sadness of war, as one who knows that another war could utterly destroy this civilization which has been so slowly and painfully built over thousands of years, I wish I could say tonight that a lasting peace is in sight.Happily, I can say that war has been avoided. Steady progress toward our ultimate goal has been made. But so much remains to be done.(President Dwight Eisenhower, Farewell Address , January 17, 1961) Straight Talk as a Rhetorical TropeI read S. Sara Monosons excellent work on parrhesia (frank speech) in ancient Athens. I thought, this is itwe can use this ethic of parrhesia as our own democratic ideal! But then I began to notice that our popular culture in fact already praised something like parrhesia: straight talk. Political theorists also have a similar ethic: sincerity. But the problem was that a lot of straight-talkers seemed deeply undemocratic: straight talk seemed to have become a trope, another tool of crafty politicians and smart advertising executives.(Elizabeth Markovits, The Politics of Sincerity: Plato, Frank Speech, and Democratic Judgment. The Pennsylvania State University Press, 2008)

Describe a domain name, and provide examples of domain names Essay

Describe a domain name, and provide examples of domain names - Essay Example The name is divided into two parts. The first part is a unique string selected by the owner of the name. The second part appears to the right of the last period (dot) and refers to the type of presence. For the second part, there are standard strings which define various types or groups, some of which are given below: .edu Educational institutions .gov Government .com Commercial organizations .org Non-profit organizations .net Network organizations The Internet is a web (and thus the name) of countless computer servers internetworked with each other through the IP communication protocol where each node has a unique IP address assigned to it. The domain names, described above, map to one or more IP addresses and help to create a friendlier, easy to remember layer on top of the IP numbers. The Domain Name Service accessible through every server helps to translate these names to IP addresses. In this way, it is easier to remember www.google.com rather than a string of numbers representi ng it. Some examples of domain names are: www.microsoft.com Microsoft www.apple.com Apple www.icann.org ICANN Finally, several countries have their own suffixes at the end of the domain name. For example, .au Australia .uk United Kingdom .mx Mexico References ICANN-Accredited Registrars. (2011, Jan 10). Retrieved from http://www.icann.org/en/registrars/accredited-list.html

The past, present and future of standards in software engineering Essay

The past, present and future of standards in software engineering - Essay Example This paper will review the evolution of standard software engineering, and how users are affected by this evolution process. The advancement in technology is making it easier for these organizations to be more effective and more advanced. Standards in software engineering have reached a level where, anything is possible. The creation of programs that seek to identify all the would-be users’ needs has revolutionised the way things work in the modern world. Operations are carried out with ease. The effectiveness and precision with which these operations are carried out is growing (Mall 2009). Writing software, to some, is a profession from which they earn their living. Standards range from local invented, to international standards that help software be accepted globally. These are the de facto standards which enable people to operate software that is acceptable throughout the world. Government entities in the world approve of these standard-setting organizations. Some organizations have recognition that reaches the whole world when it comes to setting software standards. The International Organization of Standardization is one of the few. It is abbreviated as ISO. It is a representation of many international bodies. This progress has enabled software standards to have global acceptance (Puntambekar 2009). The evolution of software standards can incorporate the understanding of much more than local industries present in the world. At present, this demand is growing with each passing day. Therefore, soon enough, the future for software engineering will reach its peak (O’Regan 2012). This advancement will enable people to get extra work complete, while taking less time. This is what everybody wants because effectiveness is the aim of this progress. Through the ISO/IEC, many software standards are set and developed to help the global community get through some of the programs that exist. An example of standard in software is the