Sunday, January 19, 2020

My medicine, work: thus credulous fools are caught Essay

How has Iago made his â€Å"medicine, work† on Othello. This essay is to discuss the tribes and tribulations of Iago; how he has brainwashed Othello and caused devastation to many people throughout the text, such as Othello, Desdemona, Cassio and Emillia. I am going to discuss points such as why Iago was so dishonest to Othello; why he caused Othello and Desdemona so much pain and why he didn’t have no love or care for any woman including his wife Emillia. Iago is a very bitter person who wants to make Othello miserable. Reasons for this are simple: Iago is a racist who dislikes black people; he wants Othello’s title/position, as Othello is a high- ranking member of the Venetian army; he loves and wants Desdemona for his wife. However, this last reason is unlikely. Throughout the play, Iago refers to women in a sexist way; at the end of the play, he stabs his wife Emilia to death. Obviously he is a man incapable of love. Throughout the play, Iago constantly refers to women in derogatory terms. For example, he says in Act two, Scene one, † †¦ you are pictures out of doors, bells in your parlours, wild-cats in your kitchens, saints in your injuries, devils being offended, players in your housewifery, and housewives in your beds.† In this quote Iago is being very prejudice and sexist towards female. He has no respect and dignity for women especially his wife Emillia. Iago intends to make Othello miserable by telling him that Desdemona is having an affair with Michael Cassio. He will, to an extent, brainwash Othello, also causing trouble for other characters, namely Cassio, Emilia, Desdemona and Roderigo. Iago doesn’t care who he hurts in the process of all this. He is there to cause pain and hurt all round so he gets his own way. There are many reasons as to why Iago is like this, such as: he has emotional feelings for Desdemona; he is jealous of Othello, etc. Iago begins to make Othello suspicious by dropping hints about Cassio, which leads Othello to find out what’s on Iago’s mind. Act two, Scene one: â€Å"That Cassio loves her, I do well believe’t â€Å" Here Iago starts to say blatantly to Othello that he is sure Cassio has feelings for Desdemona. Again Iago carries on with his poison talk to brainwash Othello. Making him into thinking such things about Cassio and Desdemona. Iago begins to start repeating what Othello says which causes Othello to convince himself that Desdemona has been unfaithful. Reasons why Iago is being like this could be that Brabantio is still angry with Othello for marrying his daughter without consent. Brabantio was then murdered. This is very unlikely though. Mainly the reason being the type of person Iago is. He is very cruel and envious person who lets his jealously overcomes him. Iago continues to seem reluctant to reveal what he claims he knows about Desdemona and Cassio. This just proves how intelligent and scheming Iago is. He strongly defends the importance of a man or woman’s reputation, and warns Othello to beware of jealously. Act two Scene one â€Å"At least into a jealousy so strong†¦judgement cannot cure† This quote is from Iago forwarding jealousy towards Othello again using his poison to brainwash Othello. Maybe Iago’s poison works so well on Othello that he actually understands and feels the feelings Iago are feeling himself. Now all of what Iago has been telling Othello has been pure lies. Iago is so corruptive and scheming that he falls into his own trap when Othello attacks him. â€Å"To say my wife is fair, feeds well, loves company, is free of speech, sings, plays, and dances well: Where virtue is, these are more virtuous.† Act three Scene three. This quote tells us Othello finds that being unfaithful to him is the worse thing she can do to him. So really this is perhaps his reason for acting the way he does. Later Othello says â€Å"No, Iago, I’ll see before I doubt; when I doubt; prove; And on the proof, there is no more but this; away at on once with love or jealously!† This quote to Iago basically is trying to tell Iago if you prove to me that Desdemona has been unfaithful then I will believe you! Why doesn’t he just ask Desdemona himself? So here Othello assures Iago he’s not a jealous man. He says he’s confident of his wife’s virtue. Iago warns him to watch Desdemona with Cassio; she is capable of deception. Iago now tells Othello that he has seen Cassio with Desdemona’s strawberry handkerchief. This was true but wasn’t intended by Cassio. It was placed on his love’s shoulder while she was asleep and then Cassio took it. Othello saw Cassio using it and thought immediately that Desdemona was being unfaithful and deceitful to him. â€Å"Have you not sometimes seen a handkerchief spotted with strawberries in your wife’s hand?† Act three Scene three. This Quote then starts to build up the tension between Iago and Othello because Iago is being honest and truthful but not for long. The significance of the handkerchief is that Othello was handed it to him form his Great Grandmother when she die. Othello then gave it to Desdemona as a token of his love for her. That is why it is so important. Next Othello says the following: â€Å"I know not that; but such a handkerchief – I am sure it was your wife’s- did I today see Cassio wipe his beard with.† Scene three Act three. This quote then suggests that Desdemona has given it to or left it in Cassio’s presence. So now Iago claims that Cassio has Desdemona’s handkerchief. Othello fills with anger and hatred as this is not what he wants or expects of Desdemona and he isn’t happy with the he has to find out. Othello is overcome with jealous grief and vows revenge. To Iago’s call of patience, Othello replies his murderous thoughts will never change. Othello is a black man who is high up in the Venetian army. At the beginning of the play we are given the impression that Othello has robbed Iago of his title. Act one Scene one â€Å"Off-capped to him; and by the faith of a man, I know my price†¦worth no worse a place† This quote shows how Iago feels like he has been robbed of his title by Othello. Iago wanted to be higher then anyone because he is a very manipulative and vindictive person. Othello marries Desdemona without Brabantio’s knowledge and consent, which causes uproar. Iago suggests a way of taking revenge against Othello. They shout in the street outside Brabantio’s house and tell him the news that he has been robbed. This then plots the play for what is going to happen. Iago will deceive Othello and do his best to cause trouble for Othello. So then he can rob him of his title. Iago is angry about failing to gain the promotion that has gone instead to Cassio. Iago, pretending to be Othello’s faithful supporter, warns Othello that Brabantio will attempt to break up the marriage. Othello is confident that his service to Venice and his noble descant will make all well. I think that Iago was a very bitter and cruel man. He had no love for no one but himself and was bitterly jealous of Othello. Othello’s behaviour towards Iago was very vulnerable. Act one Scene two â€Å"As double as the Duke’s. He will divorce you† This quote shows that Iago has to be very intentional by claiming quite blatantly that Desdemona will have nothing to do with you as you didn’t gain any consent or blessing from him to marry his daughter. Othello was also very gullible which didn’t help him disbelieve Iago. I also think that Iago’s jealousy caused so much trouble for people such as Cassio, Desdemona, Roderigo and Emilia. Othello’s behaviour couldn’t be helped because of Iago’s ways of brainwashing him. Iago’s brutal and ruthless actions throughout caused many deaths, at the end, which led to him being injured badly too. Unfortunately due to Iago’s duplicitous ways he caused no end of trouble for Othello and Desdemona’s marriage. Therefore his aggressiveness savaged the lives of Othello, Emilia, Desdemona and Cassio within the play. From this play you can see what jealousy and power can do to so many people by just one deceitful being. Iago didn’t have any emotion and love for anyone but himself. He didn’t get what he wanted so he caused a stink until he won, but in this case Iago’s scheming intentions backfired.

Saturday, January 11, 2020

Oedipus Rex Cosmic Trial

Caitlin Lacy AP English Literature 11/12/12 Persuasive Essay Everything happens for a reason. You were born for a reason, there’s a reason you got an F on your math quiz. Everything happens for a reason. Most of the time the reason for something bad happening might not be very clear to you, but it’s there. Everything that happens to you happens because it all leads up to your ultimate fate, you can’t change your fate because for one, you probably don’t know what it is, but if you happened to know, everything you do to prevent it will eventually lead up to it.Think back to why you got an F on your math quiz, you didn’t study at all. So, you get your quiz back and your teacher asks you to stay after class, after her lecture you walk out of class late and you bump into a guy, long story short, he’s your soul mate and fifteen years later you’re happily married. Imagine if you had studied. It was fate, you weren’t supposed to study. No one is to blame for Laius’s death, not even Oedipus, it was fate, and fate can’t be avoided.Before reading the play, we’re already aware of Oedipus’s story. We know what his ultimate fate is, so we know what that all of Oedipus’s actions led up to his ultimate fate. One of the first clues we are given is also one of the biggest clues proving that fate can’t be changed. King Laius didn’t kill Oedipus himself, he ordered the shepherd to do it for him. There was no way for Laius to know whether the shepherd would kill the infant or not because he wasn’t present.Naturally, the shepherd didn’t kill Oedipus because Oedipus was just an infant, and a person with a heart probably wouldn’t kill an infant just because, the shepherd then proceeded to give Oedipus to a messenger who then took the baby to Corinth where Oedipus was adopted by the king and queen. This leads to another clue, which is the fact that Oedipus was r aised to believe that the king and queen of Corinth were his biological parents. Had he known they were his adoptive parents he most likely wouldn’t have gone to the oracle to Apollo at Delphi.The very fact that he went to see the oracle is just another example of fate prevailing. Once Oedipus learned his fate he left Corinth because he obviously didn’t want the prophecy to come true. Fate is the strongest theme in the story, another reason why fate is to blame for King Laius’s death. He had to be killed by his son no matter what; every single action in the play shows that. From the very beginning there was a way around this terrible fate, but Laius lost the chance when he ordered someone else to do his dirty work for him.Also, Oedipus was a baby at the time so he had no control over what was happening to him, and it would also be ridiculous for Oedipus to be blamed for his father’s death, because he was destined to fulfill this prophecy from before he wa s even born. If there was no prophecy, and Oedipus had killed his father, then he could be blamed, but there is too much evidence suggesting otherwise. From the way everything plays out you can see that fate is the cause of the whole ordeal. The minute Oedipus found out what he was destined for, he fled Corinth, because, as mentioned before, he believed that his adoptive parents were his biological parents.If you found out that you were destined for something as terrible was what Oedipus was destined for, you’d probably leave home too. No one who is sane wants to marry their mother and kill their father, Oedipus found out and tried to prevent this from happening, one might argue that his efforts to prevent his fate led to his fate, which is true, but he had no way of knowing that among the men he killed in the road that one of them was his father, and that the woman he married was his mother. â€Å"Now my curse on the murderer.Whoever he is, a lone man unknown in his crime o r one among many, let that man drag out his life in agony, step by painful step-â€Å" Oedipus, 280-283. Although this quote is extremely ironic, it shows that Oedipus has no idea he killed his father, and also that he believes that the act was wrong, and that the murderer needs to be punished. We also know that Oedipus murdered his father and his father’s men at a triple crossroad, there were two other roads for Oedipus to follow after killing the men, but for some reason, fate, it happened to be the road that led to Thebes.Fate, once again. Oedipus, once again, had no way of knowing that he had chosen the path to Thebes, it was just supposed to be that way. At the time of Oedipus’s arrival in Thebes, there was a sphinx keeping people out of the city, anyone who guessed the sphinx’s riddle incorrectly was devoured. Also, Oedipus had already fulfilled half of the prophecy, which meant that he was going to answer the riddle correctly because he had to get to The bes to be able to wed Jocasta.Because Oedipus saved Thebes, and because the king was mysteriously murdered, it was custom for Oedipus to marry the widowed queen, it had always been that way and there was no reason for Oedipus to reject her, he had no idea that he was about to marry and have kids with his mother. By this time, the prophecy was then fulfilled, and no one had any idea about it. The prophecy ended here. There wasn’t anything anyone could do anymore. Many years passed and Oedipus came to be one of the greatest kings Thebes had ever seen.Until the city of Thebes fell under a terrible plague, and everything Oedipus knew went downhill from there. When Oedipus was informed that finding Laius’s murderer would help bring happiness back to Thebes, he was set on it, because he was a good king. â€Å"OEDIPUS: From whom of these our townsmen, and what house? ?SHEPHERD: Forbear for God's sake, master, ask no more. ?OEDIPUS: If I must question thee again, thou'rt lost . (1164-1167)† This exchange between Oedipus and the shepherd shows that Oedipus will stop at nothing to save his people and find the murderer.It wasn’t fate that led Oedipus to the truth, it was his own determination. He was completely blind to the truth, but when he figured out that all the clues pointed to him, he did something that most people wouldn’t do, he punished himself, he kept his word that Laius’s murderer would suffer, and Laius’s murderer did suffer indeed. He begged Creon to exile him; he gouged his own eyes out. Oedipus might be the one to blame for uncovering the truth, but he definitely isn’t the one to blame for killing Laius, it was set in stone for him, and there was no way around that.

Friday, January 3, 2020

Troy and Cory Maxsons Relationship in Fences by August...

The theme of August Wilson’s play â€Å"Fences† is the coming of age in the life of a broken black man. Wilson wrote about the black experience in different decades and the struggle that many blacks faced, and that is seen in â€Å"Fences† because there are two different generations portrayed in Troy and Cory. Troy plays the part of the protagonist who has been disillusioned throughout his life by everyone he has been close to. He was forced to leave home at an early age because his father beat him so dramatically. Troy never learned how to treat people close to him and he never gave any one a chance to prove themselves because he was selfish. This makes Troy the antagonist in the story because he is not only hitting up against everyone in the play,†¦show more content†¦Cory is very aware that his father is envious of his athletic accomplishments. Troy also has no respect for Lyons and he does not support his dream to be a musician. Troy makes himself appear to be more of a suave, debonair gentlemen to Rose by fabricating events from their past. Despite Troy’s attempts of romancing her, Rose knows better than to believe Troy’s mendacity. In Act One, scene one, Troy tells the story of how he met Rose. †Baby, I don’t wanna marry, I just wanna be your man† (1333). Rose says, â€Å"Troy, you ought not talk like that. Troy ain’t doing nothing but telling a lie† (1333). Troy tries to make himself appear more engaging than he really is. Troys lying makes him seem more gallant than he really is. He also talks about how he defeated Death. In Act One, scene one, Troy says to Rose and Bono, â€Å"I wrestled with Death for three days and three nights and I’m standing here to tell you about it† (1336). Every story Troy tells, he emphasizes the fact that he is such a stout and audacious man. Troy assumes that people actually believe his over embellished stories. Throughout his childhood, Troy feared his father. Until one day, he grew up and learned how to stand up for himself. In Act One, scene four, he tells the story of how his daddy stole his girl from him. When Troy was fooling around with Joe Canewell’s daughter, his daddy walked in on them and started beating Troy with leather straps. â€Å"I was scaredShow MoreRelatedCharacter Analysis of Cory in The Play Fences by August Wilson1109 Words   |  5 Pagesfffffffffffffffffffffffffffffffffffffffffffffffffffd Troy Maxson’s father-son relationship is anything but desirable. The harder Cory works to better himself, the lower the moral between Cory and Troy becomes. Cory excels in football and is given the opportunity by recruits to go to college by playing football for the school. Troy refuses to sign the papers to allow Cory to be recruited because of a fear that was rooted in him nearly eight-teen years earlier. When Troy was released from prison he dreamed of playingRead MoreEssay on Fences: Family and Fence620 Words   |  3 PagesHossain Symbolism of the â€Å"Fence† August Wilson did not name his play, Fences, simply due to the melodramatic actions that take place in the Maxson household, but rather the relationships that bond and break because of the â€Å"fence†. The â€Å"fence† serves as a structural device because the characters lives are constantly changing during the construction of the fence. The dramatic actions in the play strongly depend on the building of the fence in the Maxson’s backyard. Fences represents the metaphoricalRead MoreAnalysis Of Fences By August Wilson Essay1837 Words   |  8 PagesFences written by August Wilson, the setting reveals the man that Troy Maxson really is. The set of the play represents Troy Maxson’s character within the play where him and his family reside in a fenced in yard of Troy’s front porch, brick house. He is proud to provide a home for his family. However, Troy has not accomplished this achievement on his own. Which takes a toll on Troy when he realizes he h as nothing to show for his life which leads Troy to feel ashamed of himself. The protagonist, TroyRead MoreCharacter Analysis of August Wilsons Fences879 Words   |  4 PagesIn the play Fences, by August Wilson, the main character, Troy Maxson is involved in numerous relationships with family members throughout the entire eight years that the story takes place. Troy is a father, husband, and brother to other characters in the play. Unfortunately for Troy, a strong-minded and aggressive man, he constantly complicates the relationships with his family members. Troys hurtful actions and words make it nearly impossible for him to sustain healthy relationships with not onlyRead MoreFences by August Wilson Essay771 Words   |  4 PagesIn Fences, August Wilson introduces an African American family whose life is based around a fence. 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For a short period of time, before moving back to his old neighborhood, Wilson lived in a primarilyRead More`` Everything Rises With Leadership But Falls As A Tragedy 1095 Words   |  5 PagesKem Urmat Prof. Weekes ENGL 140 11/26/2014 Troy Maxson â€Å"Everything rises with leadership but falls as a tragedy,† said Alexander the Great, before his Battle of the Hydaspes, where his army suffered many casualties and marked the end of his military campaign. In history, there have been many downfalls. A few examples, Marcus Brutus was responsible for the downfall of Julius Caesar. Fighting a two front war against England and Russian empires led to the downfall of Napoleon. Many historians callRead MoreFences: Black People and Wilson1976 Words   |  8 Pages The Isolation and Alienation of Troy in Wilsons Fences  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚     Ã‚   August Wilsons Fences is a play about life, and an extended metaphor Wilson uses to show the crumbling relationships between Troy and Cory and Troy and Rose. Troy Maxson represents the dreams of black America in a majorly white world, a world where these dreams were not possible because of the racism and attitudes that prevailed. Troy Maxson is representative of many blacks and their attitudes andRead MoreLife and Death of Troy Maxson1273 Words   |  6 PagesLife and Death of Troy Maxson In a relationship, people must trust one another and express appreciation towards the other person. However, it is a certainty that they will commit wrong doings that negatively affect their counterparts. In August Wilsons â€Å"Fences†, Troy is a father and husband who make’s the decision derived from human imperfection and outside variables, to commit adultery and become involved in another relationship with a woman. By examining the racial tension of the late nineteenRead MoreAnalysis Of The Poem Fences 1798 Words   |  8 Pages Symbol of Fences: Defying Reality August Wilson’s Fences, is a dramatic play that spotlights on the attributes of black life in the mid to late twentieth century and emphasizes the strains of society on African Americans. Focusing on the lives of normal African Americans, the author also recognizes the significance of the family ties and how they relate to the society. He mentions symbols such as sports and fences in the story to relate to many topics mainly all

Thursday, December 26, 2019

Controversies on Article - Free Essay Example

Sample details Pages: 7 Words: 2096 Downloads: 2 Date added: 2017/06/26 Category Law Essay Type Analytical essay Tags: Act Essay Did you like this example? Since the establishment of the European Union (hereinafter à ¢Ã¢â€š ¬Ã‹Å"EUà ¢Ã¢â€š ¬Ã¢â€ž ¢) with the Maastricht Treaty in 1993, the accession to it, had been perceived as the cornerstone for a state into a new national economic and political development. The crucial premise of the EU is the incorporation of the EU legal order in its entirety into the state national legal system over which the EU has precedence, in other words, limiting its sovereignty in favour of firming up the integration in the EU. Nonetheless this constitute a complicated issue, usually of a great importance, evolve at the accession of a state to the EU. Don’t waste time! Our writers will create an original "Controversies on Article" essay for you Create order This regards the relationship of a member state with third countries, in term of binding nature of existing agreements. Membership to the EU, does not in itself, an imposing stature, to force a recently joined member state to act, in breach of pre-accession international agreements, against a third countries, nor let the parties to the agreements to operate on the basis of this rule forever leading to a disparate interloping, endangering the basic essence of the EU, that is the Supremacy of EU Law. The following paragraph will investigate the role and effects of Article 351 of the Treaty on the Functioning of the EU (hereinafter à ¢Ã¢â€š ¬Ã‹Å"TFEUà ¢Ã¢â€š ¬Ã¢â€ž ¢). This article has been purposely implemented with the aim to deal with these dichotomies, that is à ¢Ã¢â€š ¬Ã‹Å"to make it clear, in accordance with the principle of international law, that application of the EC treaty does not affect the duty of the Member State concerned to respect the rights of third countries und er a prior agreement and to perform its obligation thereunder.à ¢Ã¢â€š ¬Ã¢â€ž ¢[1] This paper will examine the controversies of the Article 351 TFEU, elaborating on the conclusion date of the international agreements, the effect of future amendments to international agreements, the potential collisions, and above all, the supremacy of EU law. The prohibition of international agreements established between Member States, situations whereby third countries are favoured in the interpretation of the provisions, competences of national courts and the Court of Justice of the EU (hereinafter à ¢Ã¢â€š ¬Ã‹Å"CJEUà ¢Ã¢â€š ¬Ã¢â€ž ¢) in interpreting international agreements. As a final point, analysing paragraph 3 of Article 351 of the TFEU, concerning obligation to renegotiate or terminate international agreements. 2. Scrutinising of Article 351 TFEU Article 351 TFEU[2] : The rights and obligations arising from agreements concluded before 1 January 1958 or, for acceding States, before the date of their accession, between one or more Member States on the one hand, and one or more third countries on the other, shall not be affected by the provisions of the Treaties. To the extent that such agreements are not compatible with the Treaties, the Member State or States concerned shall take all appropriate steps to eliminate the incompatibilities established. Member States shall, where necessary, assist each other to this end and shall, where appropriate, adopt a common attitude. In applying the agreements referred to in the first paragraph, Member States shall take into account the fact that the advantages accorded under the Treaties by each Member State form an integral part of the establishment of the Union and are thereby inseparably linked with the creation of common institutions, the conferring of powers upon them and th e granting of the same advantages by all the other Member States. The first part of the article allow Member States to respect their commitments under international agreements towards non-EU states, even if the later conflicts totally with EU principles. The second part enforce a duty on the acceding state, to deal with the dichotomies, and also actively impose on other Member State to support where necessary achieving the intended aim, that is the consistency in the EU. The last part prevents limits the possible benefits through bilateral treaties to EU non-member state. On a general basis, the criteria for an international agreement to fall within the concept of Article 351 TFEU seems clear. The treaty, implicating international rights and obligations, must have been concluded between a Member State and a third countries, before the Member State accession to the EU. In Kadi v Council and Commission[3], the Court has opted to narrow the interpretation, adding a forth cr iterion, prevailing the fundamental principle of EU Law. Under paragraph one of Article 351 TFEU, to simplify the ideology behind the mention date, that is 1 January 1958, is not as easy as it seems. The main ambiguous points is about the wording surrounding the date itself. We are here to deal with either we should take it literally or the intended principle behind. There is this approach that will consider concluding an agreement as the date of signature, while others will consider the act of ratification as the influencing point. Nonetheless, the Court has neither in Commission v Italy nor in Commission v Belgium, when they had the opportunity to clarify, took the opportunity to do it. In Commission v Italy, the court dealt with Italy signing the GATT agreement in 1956 and ratified it in 1958[4] and in Commission v Belgium, a treaty between Zaire and Belgium, applied de facto from its signature. Thus the question of ratification as a condition remains unanswered. Nonetheless, on a logical side, ratification of an international agreement is the clear break that demonstrate the participative factor of a state rather than just an intention by signing. Article 351 TFEU is to enable state to assent to the EU without to breach transnational duties. Thus it is rational that mutual revision to international agreements will enable to discontinue application of article 351 TFEU, so that the EU can enforce its total supreme right over Member State. According to the Court in Commission v Belgium, à ¢Ã¢â€š ¬Ã…“à ¢Ã¢â€š ¬Ã‚ ¦Upon amendments made later, the Member states are prevented not only from contracting new international commitments but also from maintaining such commitments in force if they infringe community law.à ¢Ã¢â€š ¬Ã¢â€ž ¢[5] The CJEU also confirmed that it might be possible for agreement with subsequent amendments due to collapsing state like the Federal Republic of Yugoslavia, Czech Republic and others, to fall under the protection of Ar ticle 35 TFEU should the Court establish that the parties intended to follow the principle of the continuity of treaties.[6] After accession to the EU, according to the CJEU, Article 351 TFEU is not applicable to international agreement ratified, concluded by Member state even where EU had no competence in the field at the time, when the Member state ratified it. In clear, the agreement should be rendered compatible toward EU law or eliminated. Every Member state has a general duty of active loyalty towards the EU, to refrain from any activity that might endangered the uniformity goal of the EU, under Article 4 of the Treaty of European Union (Hereinafter, à ¢Ã¢â€š ¬Ã‹Å"TEUà ¢Ã¢â€š ¬Ã¢â€ž ¢). There might be some opportunities whereby the EU has no actual competences in a required field, but can be such in future, so, in case a Member state ratified such agreement base on the absence of competence of EU at that particular moment, cannot in the future when the EU assent to suc h competence to try to be under the protection of Article 351 TFEU. Therefore the court can rightfully conclude that such agreement is in breach of the EU law, and enforce the Member state to take appropriate measures to eliminate incompatibilities, and on failing such, take appropriate EU law breach measures against the Member State. Article 351 TFEU, according to case law, though not very descriptive in the provision, is applicable to only between Member state and a third countries and not intra-EU countries. More often, some treaties contain such provisions that impose such measure to extend privileges offered to intra-EU relationship to third parties of a treaties. These are known as à ¢Ã¢â€š ¬Ã‹Å"most favoured nation clausesà ¢Ã¢â€š ¬Ã¢â€ž ¢. Thus cause problems by extending EU privileges to Non-EU states. Thus the third paragraph of Article 351 TFEU is aimed at limiting the possibility of extending benefits of the EU to non-EU states through bilateral treaties of Membe r states. The Courtsà ¢Ã¢â€š ¬Ã¢â€ž ¢ Competence in dealing with Article 351 TFEU. Under Article 19 TEU, the CJEU do not have the specific competence to interpret national law or international law, however, he court has on several occasion try to interpret both, based on the duty arise under Article 4 TEU, that is the loyalty to the EU. Following the Von Colson principle, it is an obligation of the national court to interpret their national law à ¢Ã¢â€š ¬Ã‹Å"in the light of the wording and purpose of the EU law.à ¢Ã¢â€š ¬Ã¢â€ž ¢ Thus this require the Member state to take all appropriate and reasonable measure to fulfil all obligations and rights arising from the EU treaties. However, such differs from international agreements, the court in BudÃÆ'„à ¢Ã¢â€š ¬Ã‚ ¢jovickÃÆ' ½ v Budvar à ¢Ã¢â€š ¬Ã‹Å"It follows that the national court must ascertain whether a possible incompatibility between the Treaty and the bilateral convention can be avoided by interpreting that convention, to the extent possible and in compliance with international law, in such a way that it is consistent with Community law.à ¢Ã¢â€š ¬Ã¢â€ž ¢[7] Concluding on the competence of the national court, the later has a duty to seek out the direction of the EU law in its pronouncement on the significance and result of an international treaty is apparent. Interpretation of International treaties are codified in Article 31 of the Vienna Convention on the Law of Treaties, according to which à ¢Ã¢â€š ¬Ã‹Å"[a] treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purposeà ¢Ã¢â€š ¬Ã¢â€ž ¢. During interpretation, Courts have a duty to interpret the agreements in reliance to fundamental rights being observed and respected. Measures that are incompatible with the convention of human fundamental rights are unacceptable to the community. INCOMPATIBILITIES. In case of incompatibilities between international agreements and EU law, Member state are obliged to take all reasonable steps to eliminate incompatibilities under Article 351 (2) TFEU, or the most extreme position to terminate an international agreement, in accordance to the Vienna Convention. Member States are under a legal duty to be at mutual assistance and common attitude towards each other to deal with such incompatibilities. The CJEU has indicated two clear structure to follow, as describe below. The first step is that the Member State can use the diplomatic scenario to renegotiate new agreements terms rendering the agreement compatible with EU law. Nonetheless, even if the parties has done reasonably enough in term of negotiation but due to other political scenario, has not been able to achieve the aim to erase incompatibilities, the CJEU has well been clear enough to accentuate that political situation of a Member State à ¢Ã¢â€š ¬Ã‹Å"cannot justify a continuing failure on the part of a Member State to fulfil its obligations under the Treatyà ¢Ã¢â€š ¬Ã¢â€ž ¢[8] The second scenario is that is although following several negotiation, no agreement had been reach, the whole agreement should be rejected. The purpose of such, is to avoid future breach of international law, and protecting both EU and third countries. One more major point to clarify that several state can claim that they have taken sufficient proportionate steps towards making their agreements compatible but nonetheless unfruitful. However, in Commission v Portugal, the CJEU established that even though the Member State has taken proportionate measures, they cannot justify their failure base on the concept of proportionality. However the balance of proportionality is well observe by the EU in preserving a stability between foreign-policy and union interests. Article 351 (1) TFEU safeguards the benefits of the Member States contrary to Article 351 (2) TFEU preserve that of the EU. The Article allow, at the Member State discretion to take the require measures base on their own capability, to condense unsafe agreements to compatible agreements with EU law. A Member state cannot speculate that his rights are not protected as the Union is offering sufficient steps to protect his first. Also, concerning the elimination of incompati bilities, if during the accession, the Union is informed of a conflicting obligation under an international agreement, the latter is introduced in the act of accession so as to compel the state to withdraw from such treaties or obligations, for example a pulling out an agreement concerning pollution, that the EU is already a signing party to. Also, state are advice to eliminate incompatibilities as earliest as possible before the accession or nearest post-accession date. Most certainly the said Member state will be granted a deadline to eliminate an inconsistent agreement by means of a Regulation. [1] Case T-315/01 Kadi v Council and Commission [2005] ECR II-3649 [2] Article 351 TFEU (ex Article 307 EC) [3] Case T-315/01 Kadi v Council and Commission [2005] ECR II-3649 [4] Case 10/61 Commission v Italy [1961] ECR [5] Case 471/98 Commission v Belgium [2002] ECR I-9681 [6] Case C-216/01 BudÃÆ'„à ¢Ã¢â€š ¬Ã‚ ¢jovickÃÆ' ½ Budvar [2003] ECR 2787. [7] Case C-216/01, BudÃÆ'„à ¢Ã¢â€š ¬Ã‚ ¢jovickÃÆ' ½ v Budvar [2001] para. 169. [8] Case C-170/98, Commission v. Belgium [1998] paras 37, 42

Tuesday, December 17, 2019

Code Of Conduct For Law Enforcement Essay - 1465 Words

Ethics in Criminal Justice Assignment 1 Sydney E Vaughn CRJU 1400 Ethics and Cultural Perspectives in Criminal Justice Professor Stephen N. Knights Jr October 22, 2016 Contents Introduction 2 Police Ethics 2 Corruption 3 Police Corruption 3 Police Discretion in Ethics 4 Code of Conduct for Law Enforcement 4 Types of Police Corruption 4 Ethics in the Courtroom 5 Prosecuting Attorneys 5 Defense Attorneys 5 Ethics in Police Training 6 Closing 6 Introduction Ethics by definition states that it’s the study of morality. Ethics are the basis of our criminal justice system. From the arresting officers who take an oath to serve and protect, to the attorneys and courts, we assume the behavior and rules are ethically and morally sound. We as the public should think we are in good hands when it comes to the Criminal Justice System. I think we should have people in the system with good morals and great values. We want to be assured that our laws and those enforcing them are supported. Police Ethics Police Ethics are always under constant scrutiny these days it seems. Police officers are held to a higher standard by the public and are expected to always act appropriately in the way they interact with the community or a suspect. Basically ethics is just doing the right thing. For example, a police officer is expected to stop and help a stranded person in a car, but sadly that sometimes doesn’t happen. Hopefully the police officer could not because they had a more serious callShow MoreRelatedPolice Codes Of Conduct And Police Code Of Ethics1560 Words   |  7 Pagescommon law of the land, there are additional rules and principles they must abide by. This is illustrated in the police officer s code of conduct and police code of ethics. Many police departments have their own code of conduct which are to be followed by the officers. Just like any other profession, there are no fool proof rules and standards. People will (for whatever reason ) try to beat the system or just plain fall short of whats required of them. That’s why ethics and codes of conduct areRead MoreEthics in Criminal Justice Administration Analysis Essay978 Words   |  4 Pagesand the law enforcement in regards to the balancing concern. The concerns are from prosecuting the guilty and respecting the right of the accused, protecting the victims, and creating a safe community. This paper will give analysis of the critical thinking concerning the relationship between ethics and professional behavior role of the law enforcement officers, and the five areas of ethical conduct that should be communicate in a seminar. Professional Code of Ethic for Law Enforcement Read MoreThe Ethical Dilemma of a Police Officer Essay1333 Words   |  6 PagesThe Ethical Dilemma of a Police Officer Professions are guided by codes of ethics to aid them in performance of their duties and to ensure maintenance of high standards of conduct. Police officers are faced with a maze of obligations in the performance of their official duties. The â€Å"Law Enforcement Code of Ethics† and â€Å"Canons of Police Ethics† were created to make explicit the conduct considered appropriate for police officers and to guide them in the performance of their duties. Although policeRead MoreCriminal Justice: Ethics and Integrity676 Words   |  3 Pagesmorality, and law are different, highlighting the primary focus of law enforcement officers The modern society demands a lot from a police chief or a county sheriff. Considering the bad reputation that most officers have displayed, the society is now highly critical on law enforcement with much power and responsibility being given to the police chief or a county sheriff. As such, the society expects these officers to express higher levels of morality, ethical standards and professional conduct. EthicsRead MoreThe Importance Of Integrity And Good Work Ethics885 Words   |  4 Pagesmeeting, it is important for a Parole Officer to resist any offer of taking the items for any personal gain. Good work ethics is also significant as a Parole Officer this means following the government law, how can a Parole Officer make sure an offender is following the law when they are not following the law? Court systems should be able to trust their employees. Secondly, treating everyone equally is good work ethics of a Parole Officer. Parole Officers should do their job, regardless of how t hey personallyRead MoreEssay on Ethics in Policing824 Words   |  4 Pagesoffer training in ethics during the time in which a cadet is in the police academy and after officers are put on the streets, which is called in-service training. It is the hope that while this training is available to officers, that they hold a basic code of ethics within themselves which would deter them from that which is considered â€Å"bad† in today’s society. In some instances, that is not the case. More often than not, police officers are ethical and are forthright in their jobs; however, thereRead MorePolicing1068 Words   |  5 PagesThis paper will analyze the relationship between ethics and professional behavior in the administration of criminal justice. It will also explain the role of critical as well as a seminar proposal on ethics that will include five areas of ethical conduct. The reader will be informed why these areas were chosen and what the benefits of this training wi ll do for the officers and the community. Ethics and Professional Behavior in the Administration of Criminal Justice â€Å"Ethics, also known as moralRead MoreThe Ethical Dilemma Of The Law Enforcement Code Of Ethics1309 Words   |  6 Pagessergeant have to order Tony not to get Johnny in trouble? Within this paper, I will discuss and examine the ethical dilemmas Johnny is confronted with and compare them to the Law Enforcement Code of Ethics. Keywords: corrupt morals, ethical dilemmas, repercussions, code of ethics Ethical Dilemma The practice of moral conduct challenges the generally accepted standards. An ethical dilemma is defined as a person has difficulty doing what is right, does not know the correct course of action, orRead MoreThe Ethics Of The Arizona Peace Officer Standards And Training Board941 Words   |  4 Pagesprinciples contained in a code of ethics for my discipline relate to the issue. Law enforcement has one key ethical issue: integrity. Dictionary.com defines integrity as â€Å"adherence to moral and ethical principles; soundness of moral character; honesty.† According to Cartwright, G. (2010) those who work in law enforcement â€Å"deal with temptation continually.† He continues by explaining that while most officers make the right decision, some do not. When the actions of law enforcement violate both ethicalRead MoreEthics in Criminal Justice Administration Essay1533 Words   |  7 PagesThis paper will analyze the relationship between ethics and professional behavior and the role critical thinking plays in the relationship of ethics and professional behavior. Because law enforcement plays a big role in ethics and professional behavior I will propose a training seminar for law enforcement. Not only are the consequences of unethical acts by criminal justice professionals quite serious, but there are also many possibilities for conflicts to arise in the area of criminal

Monday, December 9, 2019

Corruption and Crime and Misconduct Commission - Free Samples

Question: Discuss about the Corruption and Crime and Misconduct Commission. Answer: Introduction Australian employment relation is a tricky sector that requires proper regulation that ensures workplace laws are maintained and are adhered to. Fair Work Ombudsman is a critical organization within the Australia workplace since the organization assist in monitoring and enforcing workplace laws. Fair Work Ombudsman ensures and regulates the implementation of best workplace practices that include fair treatment of employee by employers. In event of conflict between employee and employer the Fair Work Ombudsman launch investigation and arbitrate to find a lasting solution to the conflict. In addition, the organization help in negotiating trade deals between employees and various key stakeholders within the Australian workplace so as to enforce the workplace laws. Complainants are also investigated by the organization through carrying out workplace audit on the company or industry where there is complains. Upon finding the problem or source of conflict, the organization through its trib unal enforces the penalty on the party found breaching the laws and awards the victim. The following paper, therefore, explores the role of Fair Work Ombudsman and its effectiveness in Australian system of employment relations. Fair Work Ombudsman is a body that ensures workplace compliance and advisory functions set out in the FW Act. Fair Work Ombudsman is a task of the act to investigate and workplace complains and enforces workplace laws. Fair Work Ombudsman is litigating to enforce workplace laws and workplace best practices. Fair Work Ombudsman works together with Fair Work Commission to foster good working environment within Australian workplace through arbitration and workplace laws monitoring. Roles of Fair Work Ombudsman Fair Work Ombudsman plays an important role in Australian employment and workplace. The role of Fair Work Ombudsman needs thorough consideration of the central position held within the Australian workplace. Firstly, Fair Work Ombudsman help employers, constructors and companies comply and understand Australia's workplace laws. It is the role of the organization to regulate the compliance with workplace laws. Within this role, the organization ensures that any complains especially about the compliance to workplace laws are dealt with according to the laws. The Fair Work Ombudsman tribunal offers the necessary advice to various employers within the Australian workplace. Fair Work Ombudsman monitor compliance through conducting a self-audit based on the employers checklist self-audit developed according to national workplace rules. The organization ensures national workplace rules are adhered to and workplace guidelines are fully implemented within the employment organization (NSW Ombudsman, 2004). Secondly, Fair Work Ombudsman provides information and advice to employers on matters with the workplace. FWO normally provides the workplace advice on employment laws and employment relations that may affect the terms of employment and remuneration of employees. In the provision of advice to employers, the FWO offer a single point of contact for employee and advice on labor relations in Australia. In addition, Fair Work Ombudsman help small and medium businesses implements workplace initiatives accepted practices without the bridge of workplace laws. This implies Fair Work Ombudsman ensures employees and employers have a good working relationship in a happy and productive environment (Wolgemuth, 2010). Thirdly, Fair Work Ombudsman investigates workplace complaints in the bead to help settle a dispute between employees and employers. In the event of workplace complains especially about the bridge of workplace laws, the organization investigate complains that are lodged. The organization also investigates awards and possible agreement between parties within the Australia workplace. Fair Work Ombudsman tribunal is a task to investigate and settle a dispute between parties within the workplace. The Fair Work Ombudsman tribunal provides various guidelines that assist employers and employees deal with complaints while the Fair Work Ombudsman itself acts as arbitrator. Fair Work Commission work in hand with Fair Work Ombudsman to ensure that complains are herd and settle fairly. Moreover, Fair Work Ombudsman enforces the penalty on offenders and awards those that breach workplace laws (Lam Lau, 2012). Fourthly, Fair Work Ombudsman enforces Commonwealth workplace laws through the organizations tribunal. The organization monitors the adherence to rule of laws especially those workplace laws according to Commonwealth laws. The organization also educates employers and employees on the Commonwealth laws and their importance at workplace. To do this effectively, Fair Work Ombudsman has online platform that provides guidelines and procedures for public use. Finally, the Fair Work Ombudsman promotes harmonious, productive and cooperative workplaces. The organization litigates on various laws that aims to promote the harmonious working environment. To fully carry out this role, the organization seeks to prevent people from committing workplace wrongs and litigates any workplace wrongs. Moreover, the Fair Work Ombudsman promotes productive workplace environment based on workplace laws. It also the role of Fair Work Ombudsman to create a cooperative workplace that is within the confines of workplace laws. Furthermore, Fair Work Ombudsman ensures there is a good working relationship between companies, unions and other stakeholders within the Australian workplace (Sias et al., 2011). The effectiveness of Fair Work Ombudsman There are various criteria that are used to assess the effectiveness Fair Work Ombudsman within the Australian workplace. The effectiveness of Fair Work Ombudsman is based on laws used to settle disputes, implements guidelines and policies, achievement of the organization and various activities that facilitate fair working environment. The effectiveness of Fair Work Ombudsman is based on the organizations ability to resolve disputes. As the role of Fair Work Ombudsman, the organization litigates various disputes between employers and employee. This dispute resolution determines the effectiveness Fair Work Ombudsman since its ability to resolve these conflicts based on Australian workplace laws. The organization negotiates the outcome of every conflict and assists parties to settle disputes between themselves. In addition, as an arbitrator, the Fair Work Ombudsman is effective in ensuring policies used in settling disputes and follows guidelines in settling disputes. One way the organization has been effective in carrying out formal workplace audit and investigation to reach conflict resolution. Fair Work Ombudsman offers conflict resolution based its area of jurisdiction and formulates steps used in the resolution of conflict (Administrative Review Council, 2008). Another way of assessing the effectiveness of Fair Work Ombudsman is based on the ability of the Fair Work Ombudsman to implements guidelines and policies in the workplace. The organization has various guidelines that assist the organization to work effectively. The organization has disputes resolution policies and guidelines. Fair Work Ombudsman has various policies that have been on the forefront in dispute resolution. According to Howe and Tess (2012), the organization has been effective in the utilization of police frameworks during settle of disputes between various individuals in the Australian workplace. In addition, the organization has been effective in litigation of various disputes within the workplace. The Fair Work Ombudsman has been effective in implementing guidelines and procedures in the workplace (Lee, 2005). The effectiveness of Fair Work Ombudsman is also assessed based on achievement of the organization in the Australian workplace. Firstly, the Fair Work Ombudsman has been effective in settling of disputes between employers and employees. The organization has been effective in negotiations between dispute parties within the workplace. Secondly, the organization also has been effective in monitoring the relationship between unions and various stakeholders within the Australian workplace. Moreover, Fair Work Ombudsman connects various stakeholders and Fair Work Commission in order to bring harmony in the workplace. The organization has been effective in connecting all these key players in the workplace based on workplace laws and procedures (Fair Work Ombudsman, 2018). The effectiveness of Fair Work Ombudsman is also connected to various activities that facilitate fair working environment. The organization has been on the forefront conducting campaigns activities that inform employers and stakeholders on the importance of complying with workplace laws and commonwealth laws. Campaign activities normally run nationally, regionally or state-based and the scope of the activity is based on the specific target group. In addition, the organization relies on workplace audit to conduct campaigns with major focus employers. The Fair Work Ombudsman also use company records to support its activities in the workplace and this help in organizations campaigns. Moreover, the organization effectiveness is also witnessed through campaigns conducted on media to facilitate the awareness of workplace laws and policies (Fair Work Ombudsman, 2014). Despite the effectiveness of Fair Work Ombudsman in conflict resolution and other activities, the organization also has weaknesses. Fair Work Ombudsman is sometimes facing conflict due to conflict between the organization and Fair Work Ombudsman or lack of jurisdiction for particular conflicts. For instance, conflict between Fair Work Ombudsman and Fair Work Commission that result in area of jurisdiction. This weakens the ability of the organization to arbitrate on conflict between Fair Work Ombudsman and other stakeholder within Australia workplace. Conclusion In conclusion, Fair Work Ombudsman plays an important role within the Australian workplace. Fair Work Ombudsman acts as an arbitrator that solves conflict arising at workplace between two or more parties. Some of the roles that Fair Work Ombudsman play include solving the conflict, enforcing workplace laws, advising employers and linking Fair Work Commission and various stakeholders such as unions and employees within Australia. The effectiveness of Fair Work Ombudsman is assessed based on the organization's ability to solve the conflict, implement guideline and workplace best practices, and various campaign activities aiming to create awareness on workplace laws. Reference Administrative Review Council, (May 2008). The Coercive Information-Gathering Powers of Government Agencies, Report no. 48. Commonwealth Ombudsman, Fair Work Ombudsman: Exercise of Coercive Information-Gathering Powers, Report no. 09-2010, June 2010. Fair Work Ombudsman, (2018). Effective dispute resolution: Page reference No: 2386, available at https://www.fairwork.gov.au/how-we-will-help/templates-and-guides/best-practice-guides/effective-dispute-resolution Fair Work Ombudsman, (2014). Audits and campaigns, archived from the original, available at https://web.archive.org/web/20140222103532/https://www.fairwork.gov.au/about-us/audits-and-campaigns/pages/default.aspx [Retrieved on 22 February 2014] Howe, J. Tess, H. (2012). The Use of Enforceable Undertakings as a Strategic Labour Law Compliance Strategy, Centre for Employment and Labour Relations Law, University of Melbourne (draft unpublished 2012), page 1. Lam, L.W. Lau, D.C. (2012). Feeling lonely at work: investigating the consequences of unsatisfactory workplace relationships. The International Journal of Human Resource Management, 23 (20): 42654282. Lee, H.E. (2005). Exploration of the Relationship Between Friendship at Work and Job Satisfaction: An Application of Balance Theory. Michigan: Michigan State University Department of Communication. pp.144. NSW Ombudsman, (2004). Investigating Complaints: A manual for investigators, June 2004, page 74. Sias, P.M. et al., (2011). Maintaining Workplace Friendships. Communication Research, 39 (2): 239268. Wolgemuth, L. (2010). Be Wary About Chancing a Workplace Romance. U.S. News World Report, 147 (11): 56. Victorian Ombudsman, (2007). Conflict of Interest Victorian Ombudsmans Concerns, October 2007. Independent Commission Against Corruption and Crime and Misconduct Commission, Managing Conflicts of Interest in the Public Sector: Guidelines (2004).

Monday, December 2, 2019

Mythology And Religion Essays - Anthropology Of Religion

Mythology And Religion MYTHOLOGY AND RELIGION Throughout history people have been fascinated with the subject of religion and mythology. In this paper I will define both religion and mythology, and show how mythology can be seen as a religion. First you must have some understanding and definition of religion before you can see how it relates to mythology. Webster's New Riverside Dictionary defines religion as, a. Belief in and reference for a supernatural power accepted as the creator and governor of the universe. My definition of religion would be a belief in a god as a higher or Supreme Being, and with a system of beliefs and practices. I perceive religion as a way to explain the unexplainable. Secondly you must determine what myths are and how they are created. The word myth comes from the Greek word mythos, which in turn means story, tale or fiction. Webster's New Riverside Dictionary defines a myth as, A traditional story originating in a preliterate society, dealing with supernatural beings, ancestors, or heroes that serve as primordial types in a primitive view of the world. Myths like any religion try to provide an explanation for unanswerable questions. Greek mythology should not be mistaken for fact since there is no scientific evidence of these events but should be taken as advice. This is not saying that all mythology is untrue or fictional. Like in any religion, faith is the domineering factor; for without faith religion would cease to exist. Joseph Campbell states that, The material of myth is the material of our life, the material of our body, and the material of our environment, and a living, vital mythology deals with these in terms that are appropriate to the nature of knowledge of the time (Campbell 01). Greek mythology is similar to modern religion in many ways. Like Christianity, Mythology gave meaning to everyday situations. It also formed religious bases and a social structure for which it laid the common law for people. In today's religious setting most would see the common law to live by illustrated in the Bible. Like the Greeks we build altars, temples and churches to give praise to our God. In every religion we as a society have created a hero or savior that will save the believer from great despair and tragedy. Prometheus and his battle for mankind is seen as one of the greatest Greek heroes. Though heroes do not have to be strong and mighty, they must be able to turn chaos into order. Campbell speaks of the metaphysical hero Buddha, who conquers chaos within himself to find nirvana. Buddha believed that if you could conquer the chaos inside of yourself you would find internal peace and happiness. For the Christian believer Jesus can be seen as a hero for he to conquers everyday chaos. Though twenty-four hundred years have elapsed we really have not evolved that much from the Greek era. Our world still searches for the truth and tries to discover the unknown and conquer the unimaginable. It is important to remember that without myths there would be an unexplainable void in history. Mythology is not only an explanation for the unknown but a tool that helps us better understand one another. Religion Essays