Judicial activism Essay Example for Free

Judicial activism Essay Judicial activism continues to attract a heated debate in many parts of the world. Judicial activism can in general terms be defined as judge legislating on the bench. Judicial activism is a situation where the presiding judge or jury issues a judgment on a case based on his or her political or personal thoughts. The judgment may also be based on pressures that emanate outside the constitution. Judicial activism therefore occurs when the court of law fails to abide by the provisions of the constitution in issuing judgment. There have been arguments in different parts of the world on different provisions that gives room for judicial activism. The basic argument has been due to the ability of judicial activism to result into violation of separation of powers of the legislature and the judiciary. This is because it gives the judge the power to create laws rather than conforming to interpretation of the existing law. This is the functions of the legislative arm of government. On the other hand, proponents of judicial activism have argued that it creates a situation where the judges’ rulings are not limited which gives room for the broader application of the law. Generally, judicial activism has been criticized because of the possibility of it being used by liberals or conservatives to create new laws by avoiding the traditional legislation processes that are subject to public opinions and debates (Roosevelt, 2008). It is important to note that the officials in the judiciary are appointee while the legislature is directly elected by the citizens in the country. This means that the judiciary does not have the ability to legislate. For this reason, judicial activism has been accused of being responsible for unacceptable judgments in the courts of law. It allows both conservatives and liberals in the justice systems to transgress the jurisdiction of the law court and make judgments that are inconsistent with the law of the land. Some people have defended judicial activism arguing that the judge does not create any law. However, the effects of the judge basing his judgment on his political and personal thoughts have the same effects as a written law. Both either limit or allow an action against an offender. Depending on the legal systems in a country, the level of judicial activism varies. For example, judicial activism has been found to be more likely in Canada compared to the United States due to the high dependence of Canadian judicial systems on judge’s discretion (Roosevelt, 2008). Judicial activism in Canada The Canadian judicial systems allows the judge to make judgments according to his interpretation of the constitution, the common law, acceptable policies in the judiciary and gives them discretionary powers in the rulings. This creates a room for judicial activism in the Canadian justice systems. However, it is important to note that there is eminent separation of powers of the judiciary and legislature in Canada. The traditions of the Canadian justice system have a very strong respect for the constitutional function of the legislature. It is the responsibility of the court and the justice systems to ensure that the law of the land is applied impartially as it is written (Kelly, 2006). The Canadian justice systems are based on the British and the French legal systems. These legal structures rely more on the judge’s discretion, the judicial policies as well as the common law. Therefore, compared to legal systems in other countries such as the United States, the Canadian systems are more susceptible to being accused of judicial activism. Consequently, there is a glowing concern over judicial activism in Canada as a response to the Charter of Rights and Freedoms where the judges have been accused of overstepping their mandates and making unreasonable judgments. Of greater concern is handling of cases involving same sex marriages where the judges have been accused of basing the judgments on their personal thoughts about the topic (Kelly, 2006). The Charter of Rights and Freedoms was enacted in 1882. This law was followed by other parliamentary and provincial enactments that have increasingly widened the scope of human rights and freedoms in Canada. The principle function of the charter and the subsequent legislation has been safeguarding the rights and freedoms of individuals in the country constitutionally. However, the big question has been whether the charter has been able to secure the rights and freedoms of all individuals living in Canada. There have been arguments that the law creates excuses for the judiciary and tribunals to deny Canadians their fundamental rights and freedoms and undermine the principles of democracy. Initially, the charter was praised by its admirers who argued that it was the greatest achievement in the history of Canada making it more democratic and just. However, some people have argued that the charter has done centrally to the expectation by empowering the judges to make unacceptable rulings (Kelly, 2006). According to Leishman (2006), before the enactment of the charter into law, the legislative bodies in Canada which includes the parliament and the provincial legislatures had well defined functions in the country which made them supreme. They had the constitutional authority to make new laws and amend or revoke the existing ones. However, the situation has changed since the enactment of the charter. Today, the judiciary has taken over the legislative duties as well as its judicial duties. It has become a common occurrence in the Canadian legal systems for judges and juries, who are not elected but appointed, to impose guidelines on key policy issues to the parliament and the provincial legislators who are elected democratically by the people. Democratically, these representatives are expected to form the legislative arm of government but the Supreme Court has dodged the principles of democracy and has allowed judges to legislate on the bench resulting into unacceptable and unrealistic judgments. Leishman (2006) provides several cases in the Canadian legal systems where the judges have made unacceptable judgments based on their personal ideologies about an issue. An analysis of these cases indicates that individuals, corporate organizations and social entities are affected by the unacceptable rulings in many ways. Some of the court ruling that is aimed at promoting rights and freedoms have in reality resulted into injustices and biasness because they are based on the judge’s personal opinion which may not be in the best interest of all individuals or entities involved in the case. An example of such as case was Linda Gibson‘s picketing case. Gibson was a pro-life advocate who had a personal opinion against abortion in the country. Being a victim of the traumatizing effect of abortion on the woman and having witnessed the negative effects of abortion for many years, she opted to picketing outside an abortion clinic in the city. In 1994, the court order was issued ruling against picketing within the vicinity of abortion clinic. This is despite the charter assuring all Canadians the freedom of expression. This is one of the cases where the judicial activisms have been used to impose unacceptable judgments which violate the fundamental rights of individuals. It is important to note that it is the role of the legislature to limit individuals’ rights and freedom while the courts are expected to make judgments based on reasonable interpretation of the law. Another important case which indicated the level to which the judiciary has overstepped its mandate is the Vreind v. Alberta case in which Delwyn Vriend, an employee at King’s University College, had appealed against his dismissal. He was accused of insubordinate behavior for wearing a shirt that mocked the conservative codes of conducts in the college that prohibited homosexuality. Due to pressure from some resentful students in the college, the administration was forced to dismiss Vriend. He appealed to the human rights commission in the province against the discriminative dismissal and eventually the case went before the courts. The court ruled against the college’s decision to dismiss the worker arguing that it was an act of discrimination based on sexual orientation. This form of discrimination was against the charter and related acts in the province (Leishman 2006). However, careful analysis of the case demonstrates that the decision was as a result of judicial activism which severely affected the college. It is important to note that by the time this ruling was made, no legislation in Alberta relating to human rights mentioned anything to do with sexual orientations. Moreover, the court admitted in its judgment that the legislature in the province had in many instances ignored the demands to incorporate provisions that related to the rights and freedoms relating to sexual orientations. The charter of rights and freedoms alike did not have any provision relating to sexual orientations. The parliament had rejected all proposals to include such provisions in the charter. This is a clear indication that the Supreme Court overstepped its jurisdiction by taking up legislative roles. It was wrong for the Supreme Court to ignore the decision by the legislative arms of government, who are directly elected by the people (Roach, 2001). Based on these ruling, where the judges ruled according to their personal opinions on the issue and not a reasonable interpretation of the law, the Supreme Court has made other ruling that favor homosexuality in Canada. For example, based on the Vriend case ruling, the court ruled in favor of same sex couples in the M. . H. case in 1999. The court argued that homosexuals should be granted equal rights according to the charter despite the legislature rejecting attempts to incorporate such provisions in the charter. The court was well aware of the failed attempts by the attorney general to legally allow homosexual couples to have the same rights as legally married couples. The legislatures being the people representative rejected the bill due to the public outcry and widespread objection. However, the court’s ruling on the M. v. H. case was very surprising (Cossman, 2002). Rather than amending the law, the court humiliated the legislature by giving it half a year to amend that law in order to grant homosexual couple equal rights and responsibilities. The legislature responded to the order by the court and amended the law by adding statutes that give homosexual couples the same rights as heterosexual couples. Although some people may argue that it is reasonable for the charter to protect the rights of all irrespective of their sexual orientation, it is interesting to note that the court was able to achieve a legislation function that the legislature was unable. There is no doubt that the court ruling ordering the legislature was uncalled for and unacceptable given that the two arms of government need to be separated. The role of the court is to interpret the law a while the legislative functions are bestowed on the legislature by the constitution (Christopher, 2001). There are several ways in which the law court can oversteps its mandate and make unacceptable rulings. The most interesting aspect of judicial activism in Canada is that the proponents of these moves by the court base their arguments on the charter on rights and freedoms. For this reason, the most common form of judicial activisms involves the court extending the rights and freedoms of an individual contrary to the provisions in the law. An example of such cases is the Vriend case where the court extended the rights of the complainant to include sexual orientation which is not included in the charter. The court can also make unacceptable rulings by increasing the powers of the judiciary. This is the case in the M. v. H. case. In this case, the court overstepped its constitutional function by ordering the legislature to amend the law accordingly. Although it is the legislature which passed the law, its role was to rubber stamp what the court had already legislated which is not acceptable (James, 2003). There are cases where the court has made unacceptable rulings by increasing the rights and freedoms of a group of people. These groups can be an ethnic community or groups with a certain ideological believe such as homosexuals, pro-life or pro-choice. For example, in the case of Linda Gibson‘s picketing case, the court made a unacceptable ruling which increased the freedoms of the pro-choice group while limiting that of the pro-life group. In the same way, by the court pushing for amendment of the law in the M. v. H. case, the court increased the rights of homosexuals (Leishman, 2006). Conclusion The enactment of the charter on rights and freedoms in Canada was seen by many as a revolutionary legislation in the history of the country. The law guaranteed all Canadians equal rights and freedoms. Unfortunately, the charter has turned into a threat to the citizens in the country because the courts have used it to defend unacceptable rulings that amount to judicial activism. In the enactment of the charter, the legislators rejected all attempts to incorporate issues related to homosexuals, pro-life and conservative Christian values. However, in many instances, the judges in the law court have overstepped their constitutional functions and legislated from the bench. The rulings are based on the personal and political ideologies and beliefs of the presiding judge which may not be in the best interest of the general public. Although some level of judicial activism may be essential in any democratic society, some resultant rulings are unacceptable.

How To Do Gram Staining

How To Do Gram Staining Observation of microorganism under microscope can be improved by using certain processes and techniques such as the staining. Staining is an important step to observe microorganisms more clearly, to differentiate between microorganisms as well as to differentiate parts in microorganism (Bagyaraj et al, 2005). The identification, morphology, some extracellular and intracellular components of microorganisms can be determined and detected through the staining. Many microorganisms difficult to be observed under microscope due to their colourless appearance and semitransparent properties as their refractive index almost same as surroundings (Patil et al, 2008). The stain improves contrast for visualizing microorganisms. Staining process can be explained either as physical, chemical reaction or combination of the both reaction. There are different types of staining such as the simple stain, differential stain and special stain. Simple stain can be used for observing certain basic structures as well as the shape of microorganisms. Differential stain while can be used in distinguishing between different types of microorganisms. Special stain on the other hand can be used for identifying specific structures in the microorganisms such as the flagella (Frey Price, 2003). Gram-stain is one of the commonly used differential stains. The Gram-staining process discovered in 1882 (published 1884) by Hans Christian Gram, a Danish bacteriologist and plays an important role in the classifying the bacteria. Gram-staining is usually the first step in identification bacteria and can be used in characterizing bacteria. Bacteria species can be separated into two large groups, which are the Gram-positive and Gram-negative groups through the Gram-staining (Sridhar Rao, n.d.). This process also important in clinical laboratory such as to examine and identify bacteria responsible for certain diseases. Staining process requires the preparation of smear that contains a thin layer of bacteria. The preparation of smear involves spreading and fixing of microorganisms on the microscope slide. Use of smear prevents microorganisms from being washing away with stain (Vasanthakumari, 2009). Besides the smear, there are four important components in the Gram stain process, which are the primary stain, mordant, decolourizing agent as well as the counterstain that used in sequences. The primary stains usually basic dye such as crystal violet that reacts with acidic component of cell and causes all the bacteria to be stained with the crystal violet or purple. The other dye like the methyl violet can also be used. The other component, mordant in the Gram stain refers to iodine. Mordant is chemical that increases affinity of the stain to the microorganisms and also their coating, making certain structures thicker for easier observation under microscope. The decolorizing agent decolorizes dye from cell that already being stained (Rajan, 2005). The degree of decolorization different in bacteria depends on their chemical components. Decolourization agent commonly refers to ethanol or other solution like acetone or mixture of acetone and ethyl alcohol. Counterstain while is another basic dye that important in giving new colour for cells that decolourized. Counterstain can be the safranin (used in this practical) or the carbon fuchsin. The Gram stain (differential stains) gives different colour for different types of bacteria. The colour is the one that determine whether the bacterium is Gram positive or Gram negative. The Gram positive bacteria resist decolourization and give result of crystal violet or purple colour (primary stain). Gram-negative bacteria decolorize and give red or pink colour as it takes up counterstain (Ananthanarayan Paniker, 2006). The difference in result is due to the differences in the cell wall structure or composition of bacteria that causes the different in the reaction with the series of reagents in Gram staining (Talaro, 2007). Preparation of Staining Reagents: Crystal violet Solution A: Crystal violet 2.0g Ethanol, 95% (v/v) 20 ml Solution B: Ammonium oxalate 0.8g Distilled water 80 ml Solution A and B mixed. Mordant Iodine 1.0 g Potassium iodide 2.0 g Distilled water 300 ml Iodine and potassium blended with mortar, distilled water added during blending until iodine dissolved. Decolorization solvent Ethanol, 95% (v/v) Counterstain Safranin 0.25 g [2.5 %(w/v)] Ethanol 10 ml [9.5% (v/v)] Distilled water 90 ml Materials: Glass slide Escherichia coli in broth culture Escherichia coli in agar culture Bacillus sp. in broth culture Bacillus sp. in agar culture Staphylococcus aureus in broth culture Actinomycetes sp. in broth culture Actinomycetes sp. in agar culture Kimwipe Bunsen burner Dropper Distilled water Inoculation loop Procedure: Preparation of smear: For culture taken from liquid medium (broth), 1 drop of culture to be examined was transferred by using inoculation loop onto a slide and spread to from circular smear. For culture taken from solid medium (agar), one drop of distilled water first dispensed on the slide. The single colony then spread on the water to form circular smear. The slide was heat-fixed with flame. Gram-staining The slide was placed on the rack. 1-2 drops of crystal violet was dropped on the smear and left for 2 minutes. The crystal violet was rinsed off with distilled water for 2 seconds. Iodine solution was dropped and left for 2 minutes. The iodine solution was rinsed off with distilled water for 2 seconds. The smear was decolorized by washing with ethanol (95%v/v) for less than 10 seconds. The ethanol then rinsed off with distilled water for 10 seconds. Safranin solution was dropped on the smear for 10 seconds. The red-coloured safranin was rinsed-off with distilled water. The side was dried using Kimwipe or air-dry. The slide was observed under the microscope. Results: (A)Escherichia coli G:DCIM101NIKONDSCN1773.JPG 1(a) Broth culture (zoom in). 1(b) Agar plate (zoom in). Figure 1: Microscopic image of Escherichia coli under total magnification of 400ÃÆ'- from different culture (B) Bacillus species G:DCIM101NIKONDSCN1745.JPG G:DCIM101NIKONDSCN1738.JPG 2(a) Broth culture (zoom in). 2(b) Agar plate (zoom in). Figure 2: Microscopic image of Bacillus sp. under total magnification of 400ÃÆ'- from different cultures. (C) Staphylococcus Aureus G:DCIM101NIKONDSCN1767.JPG Figure 3: Microscopic image of Staphylococcus aureus under total magnification of 400ÃÆ'- from broth culture (zoom in). (D) Actinomycetes species C:UsersmichelleDocumentsUMS MICROBIOLOGYPHOTOSS1.JPG G:DCIM101NIKONDSCN1760.JPG 4(a) Broth culture (zoom in) under total magnification of 400ÃÆ'-. 4(b) Agar plate (zoom in) under total magnification of 400ÃÆ'-. Figure 3: Microscopic image of Actinomycetes sp. under different magnification from different culture. Table 1: The result of Gram stain on different microorganism Type of microorganisms Shape of the microorganisms Colour stained on microorganisms Gram positive or Gram negative Escherichia coli (broth culture) Bacillus or Rod-shaped Pink Gram negative Escherichia coli (agar plate) Bacillus or Rod-shaped Pink Gram negative Bacillus sp. (broth culture) Bacillus or Rod-shaped Purple Gram positive Bacillus sp. (agar plate) Bacillus or Rod-shaped Purple Gram positive Staphylococcus aureus Coccus or round-shaped Purple Gram positive Actinomycetes sp. (broth culture) Mycelial Purple Gram positive Actinomycetes sp. (agar plate) Mycelial Purple Gram positive Discussion: For every bacterium studied, a smear is first prepared as the smear enables Gram staining to be done without washing away bacteria together with stain. The spreading process (for both broth and agar culture) enables the distribution of bacteria on slides so that suitable density of bacteria can be found on the slide. This increases chance of individual bacteria to be observed under microscope (Port, 2009). The microorganisms from agar first suspended in distilled water before spreading. Without spreading, bacteria may be too concentrated, crowded and overlapped (in clumps), making the observation to be difficult. The slide was heat fixed after drying. Heating enables coagulation and precipitation of protein of bacteria to occurs, hence fix the bacteria on slide. The bacteria killed and adhere to the surface. Fixation makes the bacteria rigid, immobile, increased permeability and affinity to staining. This also prevents the autolysis process of bacteria (Aneja, 2003). During the fixat ion process, slides not be placed directly above the heat or passed through too many times as overheat may causes changes in the shape and hence cause the distortion of the microorganisms. At the same time, less heat supplied may cause the microorganisms do not fix firmly. Before heat fix, the slide is allowed to dry completely as wet bacterial suspension may create aerosol (Shimeld, 1999).The presence of water may also cause over heating. The crystal violet added as the primary stain. Crystal violet is basic dye and has affinity for cell structures that are acidic such as the protoplasm. Crystal violet is added to stain everything on slide or to stain all bacteria (Gram positive or Gram negative). This is same for all the seven samples. Crystal violet dye enters the cells and stained with crystal violet colour. It was suggested that the aqueous dye dissociated into CV+ ion and chloride, Cl- ion (Hussey Smith, n.d.). The positively charged ion binds to the negatively charged components in cell after penetrating the cell wall and cell membrane, hence giving the purple colour. The extra crystal violet dye that not binds to cell is cleared by distilled water. Addition of iodine in next step enables the crystal violet dye to further fix and adhere to organisms (Medical Education Division, 2006). This is due to the formation of complex between iodine and dye ion (CV-I complex) as the negatively charged iodine ion (I- or I3 - ion) binds to the positively charged ion of dye (CV+ ion) in cytoplasm and hence bacteria appeared as violet colour (Vasanthakumari, 2009). The solubility of the dye decreased during the process as the ions bind to organisms. Iodine acts as mordant as it increases affinity of crystal violet stain to organisms. The addition of 95% ethanol as decolourizer enables the lipid to be extracted or dissolved from the cell wall for the Gram negative bacteria like the Escherichia coli. Gram negative bacteria have an outer membrane that constitutes most of the cell wall, also known as lipopolysaccharide layer (LPS) in cell wall (Clark et al, 2009). This is a lipid bilayer structure that differs from cytoplasmic membrane. This layer not only made up of phospholipids and protein, but also polysaccharides that not commonly found in cytoplasmic membrane. Polysaccharide portion made up of core polysaccharides and O-polysaccharides while the lipid portion made up of lipid A which then bind to the core polysaccharides. This LPS layer is located outside a thin layer of peptidoglycan. The outer membrane gives rises to high lipid composition in the cell wall. Decolourizer dissolve off lipid, hence increases the permeability of cell wall which eventually enables the crystal violet-iodine complex to be lost toget her with the lipid. The cell wall (murein layer) of Gram positive layer while has no outer membrane but have thick, cross-linked and multi-layered peptidoglycan. Teichoic acids, the phosphorylated polyalcohol can be found embedded in peptidoglycan layers. These acids can be found bonded to muramic acid residues in peptidoglycan. Lipoteichoic acid which refers to the teichoic acids that binds to the lipids of membrane can also be found in Gram positive bacterial cell wall. In certain actinobacteria, structure called mycolic acids also can be found. The lack of outer membrane gives rises to low lipid composition in cell wall. Hence, the action of decolorizer on Gram positive bacteria (Bacillus sp., Staphylococcus aureus and Actinomycetes sp.) causes dehydration of cell wall due to the thick peptidoglycan and the composition of lipid available to be dissolved is low. This eventually decreases cell wall permeability, closing pores on cell wall and hence retain the crystal violet-iodine complex inside (Diffe rential staining: The Gram Stain, n.d.). As the cell shrinks, the complex trapped in the thick peptidoglycan and hence cells do not decolourized. After this process, E. coli is in colourless as the crystal-violet iodine complex loses while Bacillus sp., Staphylococcus aureus and Actinomycetes sp. still in purple colour. Ethanol was not added for more than 30 seconds. Over decolourization can cause the stain of Gram positive bacteria to decolourize and appears as Gram negative (Betts et al, 2003). Under decolourization (too short) also avoided as it can cause dye to be removed incompletely from Gram negative bacteria. Both situations can give false results. After decolorization, smear was washed with distilled water for 15 second to completely stop the decolourization process. The counterstain, safranin solution then stained the E. coli that is colourless with the red colour. Safranin is basic dye (cationic ion) carry the positive dye ion, chromophore that attached to acidic cell structures (negatively charged) such as the protoplasm. Basic dye also attached to other negatively charged macromolecules like proteins and nucleic acid (Archunan, 2004). Both the Gram positive and Gram negative bacteria took up the counterstain but the colour of Gram Positive do not change much as it already stained with p urple. For every dye, there is different period of time for staining. This is to prevent over or under stain that may results in inaccurate result. From the observation, Escherichia coli stained red and give accurate result of Gram negative. The shape of E. coli can be observed as rod shape. Bacillus sp., Staphylococcus aureus and Actinomycetes sp. while shows results of Gram positive as all are stained with purple colour. The shapes observed are respectively rod-shaped, round-shaped and in mycelial. For Staphylococcus aureus, the cocci shape is sticked together in clumps or amorphous sheet and not separated. For E. coli, bacillus sp. and staphylococcus aureus, two samples are taken, one from the broth and one from the agar. Both the samples show the same results. The difference is on the amount of microorganisms observed. Bacillus sp., for example, that taken from agar plate is very crowded. This is because the each colony taken contains a number of microorganisms. It is more difficult to be observed the shape of the organisms. However, the colour stained can be observed clearly. For the broth culture, individual organisms and the shape as well as the colour can be observed more clearly. Conclusion: Gram staining is important in differentiating Gram positive and Gram negative bacteria in which the Gram positive bacteria stained purple colour while Gram negative organisms stained pink. Escherichia coli is Gram negative while bacillus sp., staphylococcus aureus and actinomycetes are Gram positive bacteria.

Epicureans: A Debate Essays -- Philosophy, Rosenbaum, Luper

My topic focuses on Rosenbaum’s defense of the epicurean view, Luper’s critique of this view and my argument on who has a stronger position in regards to the topic. I am going to do this by describing both arguments in a detailed manner. Rosenbaum defends the epicurean view while Luper argues against, both sides provide excellent arguments and my argument is that which I feel is more superior. Rosenbaum defends the epicurean view throughout his essay. Epicurus â€Å"argued that since death is neither good or bad for the person dead and since the fear of that which is not bad for one is groundless, it is unreasonable to fear death† (Benatar, 175). A person when dead is lifeless and therefore cannot feel anything. This person is nonexistent and according to Rosenbaum because of this, the statement of whether death is good or bad does not apply to this situation. Since one cannot feel anything, one cannot experience a death situation and determine whether it is good or bad. Therefore it does not matter and there is no reason to fear death. According to Rosenbaum there are three different concepts, which must be understood. These are, dying, death and being dead. The first two are often not distinguished; Rosenbaum says they must be distinguished as they mean two completely different things. â€Å"Dying we may say is the process whereby one comes to dead or the process wherein certain causes operate to bring about one’s being dead† (Benatar, 176). This is essentially the last phase of one’s life. It is the prelude to death itself. It is the process, which leads to becoming dead. Rosenbaum goes on to explain, â€Å"the process of dying may be comfortable or uncomfortable† (Benatar, 176). The process leading to eventua... ...uper’s argument he is missing the point of Epicurus’s argument, which Rosenbaum has further explained. Of the two arguments Rosenbaum’s argument arguably has more points to back up the epicurean view than Luper’s. Luper’s is based on assumptions and we cannot live on assumptions. In my essay, I provided a detailed description of both Rosenbaum’s argument and Luper’s in an unbiased manner. I did this by highlighting the main points of both arguments and getting this main point across. Both sides of the arguments are presented and I contrast and compare deciding which one I feel is superior. In my argument, I present points, which I have, accurate counter points for, from each argument. In conclusion, Rosenbaum and Luper both present arguments both for and against the Epicurean view, this essay is mainly describing each one and choosing a side at the end.

Duels :: Essays Papers

Duels "This is the excellence of Court: take away the ladies, duels and the ballets and I would not want to live there." - A. d'Aubigne, Baron de Foeneste, Il, 17 Duels and the act of dueling is something that has characterized not only the imagination of historians and modern warfare enthusiasts, but also the minds of writers and readers of literature for years. The numerous literary variations on the theme of dueling are enough of an indication of its importance, and the fascination with the act continues to increase. However, dueling is more than a literary climax or a plot twist; duels have been being fought for centuries and are actually derivatives of many medieval practices. The word duel has several predecessors, depending on which history is being referenced. The most common form of the word is derived from the German word Duell, which is a derivative of the Latin word duellum. Duellum is a combination of the Latin words bellum and duo, which connotes a war between two. This simple definition seems to be the most common and the most recognizable. Historian Francois Billacois states that a duel is "a fight between two or several individuals (but always with equal numbers on either side), equally armed, for the purpose of proving either the truth of a disputed question or the valour, courage and honour of each combatant (Billacois, 5)." Historian Ute Frevert concurs, but points out that duels, especially in the modern era, were "no mock fights, but serious passages at arms in which the opponents risked their lives and which could result in serious injury, or even death (Frevert, 11)." Most contemporary historians believe that the modern version of the duel developed out of three medieval institutions: the feud, the judicial duel and the knightly tournament. The belief that dueling was derived from these three events is often referred to as the continuity theory. Feuds in the medieval period occurred when people attempted to settle disputes and exact revenge for insults through "private vengeance," rather than by going to the authorities and entrudting them to settle the matter. Judicial duels, on the other hand, were official acts, during which both parties (the plaintiff and the defendant) fought their grievances out on the battle field with swords in front of a judge.

Math Coursework - The Fencing Problem :: Math Coursework Mathematics

The Fencing Problem Introduction A farmer has exactly 1000 metres of fencing and wants to use it to fence a plot of level land. The farmer was not interested in any specific shape of fencing but demanded that the understated two criteria must be met:  · The perimeter remains fixed at 1000 metres  · It must fence the maximum area of land Different shapes of fence with the same perimeter can cover different areas. The difficulty is finding out which shape would cover the maximum area of land using the fencing with a fixed perimeter. Aim The aim of the investigation is to find out which shape or shapes of fencing will cover the maximum area of land using exactly 1000 metres of fencing material. Prediction I am predicting that the maximum area of land covered will be achieved by using the fencing shapes with the greatest number of sides. Method I made a list of possible different shapes to be investigated and assigned measurements to the sides of the shapes making sure that they fit in within the perimeter of 1000 metres of fencing. I then worked out the areas of each shape using known mathematical formulae and techniques such as Pythagoras' theorem to calculate the sides of right angled triangles; using trigonometrical functions (sine, tangent and cosine) to calculate either angles or sides of triangles constructed. Sometimes there are no known exact formulae for working out the area of certain shapes such as octagon and more complex polygons. In such cases, given shapes are split into shapes that have known formulae for areas and the worked out the areas are added together. Areas of the following shapes were investigated: square, rectangle, kite, parallelogram, equilateral triangle, scalene triangle, isosceles triangle, right-angled triangle, rhombus, pentagon, hexagon, heptagon and octagon. Results The results of the analysis are shown in Table 1 and Fig 1. Table 1 showing the areas for the different shapes formed by using the

Academic Objectives Essay

By the time I attend the graduation ceremony of University of Phoenix, there are three academic objectives I would like to accomplish. First and foremost, I would like to get a bachelor’s degree in psychology. Secondly, I would like to become a better writer. Last, I would like to become a better communicator so that I can network with people who are in the same career and field of work as me. With lots of dedication, hard work and completion of my classes, these are three goals I intend to complete. Receiving a bachelor’s degree in psychology from the University of Phoenix is my first academic objective. I get one step closer to my goal by attending all my classes, completing my assignments with a passing grade, and doing the best at passing all my exams. Today, having a bachelor’s degree is like having a high school diploma. Most jobs require or prefer some type of degree from a person when hiring. Like Achieve said, â€Å"Much has been said about the importance of increasing the labor supply for ‘middle skills jobs,’ or those jobs that now (compared to decades past) require more than a high school education but less than a bachelor’s degree (e. g., associate degree, postsecondary certificate, apprenticeship, etc. )† (Achieve, 2012) I recently applied for a job as a personal therapist to children with disabilities. When it came down to the interviewing and hiring portion, I was not able to get the job because I still have not received my bachelor’s degree. It was tough hearing the news but it really motivated and pushed me to go back to school and finish my degree. A bachelor’s degree has now become a necessity rather than a choice for me. Becoming a better writer would not only help in school but also in the world after graduation. Beginning with the Gen 200 class, one main focus there is writing. Whether it is writing a paper or doing a project, it is important to know where a person is making mistakes and where he or she is doing a good job. I find myself having to refresh my memory with all the writing rules and regulations. I have to go back to what I learned in high school and in the college courses to remember what I need to know when it comes to writing. Having the proper knowledge of what a perfect paper looks like will be as important in school as it will be in the real world. If a person is required to submit a report for work, he or she wants to be fully prepared so he or she does not look like a fool to the boss and coworkers. Good writers do not just happen. Good writers work hard at becoming who they are and are not afraid to ask questions. Never being afraid to ask questions or ask for help will make me a better writer and a better student. Constantly finding myself writing papers and doing assignments that involve writing will help me achieve my second academic goal of becoming a better writer. Communication and networking are really important in a career life. The better of a communicator and net worker a person is, the better chances the person will have to escalate. In school one gets graded partly on how well he or she communicate in class, whether he or she talks, participate or just stay quiet and not say anything. But in the real world, one does not get graded on how good he or she communicates. One gets ascended or promoted if he or she is a good communicator and are not shy to speak up when needed. According to the journal The Importance of Communication, â€Å"There is a sheer necessity for personal effectiveness that stems from effective communication. Time and again researchers have reinforced the importance of communication and its impact at the workplace. † (Radhaswamy & Zia, 2011) If one is always being open and communicative, then networking should not be a problem. I want to not only be a good communicator and net worker, I also want to be a good listener to be able to get places and become someone. In order to fulfill my academic objectives, I need a plan to incorporate effective strategies for success as a student. How am I going to accomplish my goals and get them done? By me attending my classes and passing them, I get one step closer to receiving my bachelor’s degree. I need to push myself to do my best in all the assignments and test so I can pass all my courses. Each class requires students to complete papers and assignments that need to be written. With that in mind, I will be able to perfect my writing skills. I have to remember to proofread all my papers and really strive for the best. To become a better communicator and net worker, I need to put myself out there so other can get to know me. I need to find a mentor that is in the same career field as I am, so that that person can not only guide me but also help me when I need it. Nothing will get done I am willing to fully commit in achieving my academic objectives. The three academic objectives I would like to accomplish by graduation are not just to be a good student but also to set myself for greater things in life. Getting my bachelor’s degree, becoming a better writer and a better communicator/net worker are very important to me. With those three academic objectives, I will become a better employee, person and student. They are three essential things that any person can use in their lives to get further in their careers. I know with the motivation, want to succeed, and push from those around me, I can accomplish my three academic goals from here to graduation day. References Achieve, I. C. (2012). The Future of the U. S Workforce: Middle Skills Jobs and the Growing Importance of Postsecondary Education. Achieve, Inc. Radhaswamy, P. , & Zia, A. (2011). The Importance of Communication. IUP Journal Of Soft Skills, 5(4), 52-56.

Broadworth general hospital Essay

For the past 20 years our hospital has contracted all training seminars with your company, your company has been dependable and always gets the job done. In March, we need to train 20 supervisors in the area of Sexual Harassment and Unlawful Discrimination in the workplace. We would like your company Wydade Consulting Services to complete the training for us. The training will take place on the first floor of the hospital room. We would like your trainer Ms. Deb Walker, to teach the seminar. In the past, Ms. Walker has presented a strong and powerful power point presentation followed by a question and answer session. On the day of training we will need the following. Projector Presentation Brochures/handouts Notepads Pens light refreshments Please respond to me as soon as possible with a date MS Walker will be available in March. I can be reached at (598) 597 1234 Thank you Sincerely yours, Karen Lawrence A.A. KL/xx To: Deb Walker CC: Jeremy Dittmer @ Miriam Hopkins Subject: Sexual Harassment and Unlawful Discrimination in the work force Dear Deb: I would like to confirm our arrangements as we previously discussed regarding the seminar which is to be held on March 10 ,2016 at 2:00 . Located on the first floor in room 109 of the hospital you are more than welcome to come early to set up. We will be starting promptly at 2:00, refreshments and snacks will be there at approximately 4:15 to 4:30. If you require further assistance or have any questions, please contact me at (598) 597 1234 or via email at Lawrence.lawrence@ yahoo .com To: Miriam Hopkins, Director of Human Resources From: Karen Lawrence, Administrative Assistant Dec 17, 2012 Subject: Sexual Harassment and Unlawful Discrimination in the workplace We received a confirmation from Jeremy Dittmer regarding the seminar details, the date is March 10, 2016 and the time is 2:00 and has provided the trainer with all the necessary materials. The trainer he has assigned is MS Deb Walker, the seminar will be on the first floor room 109.We will make sure that we will have all the necessary materials. Ms Walker will be providing, pens; paper; pamphlets; follow along booklets. Refreshments such as coffee; tea; water; juice, and snacks will be provided and scheduled for delivery the afternoon of March 10 between 4:15 and 4:30. If you have have questions please don’t hesitate to contact me. You can also contact Deb Walker directly by email at Deb walker@ yahoo .com or by phone at (802) 559 6315 ext. 2206. KL/AA