Museum Art Critique: Surprise Attack Near Harper’s Ferry Essay

When first viewing the painting, Surprise Attack Near Harper’s Ferry, created by John A. Mooney in 1868, the only thing I found myself able to focus on was the group of almost completely undressed men that appear to be bathing in a river. At first glance, I was not truly able to grasp the concept behind the painting or the exact situation that was intended to be portrayed by John Mooney, in this specific piece of historical artwork. After looking at the image more closely and thoughtfully, the first words that entered my mind immediately were fear and chaos. The background of the Surprise Attack Near Harper’s Ferry, with the exception of the smoke in the far distance, contrasts significantly to the utter chaos, fear, and confusion displayed in the portion of the painting where the group of men appear to be fearfully scattering about in the water. The background of this painting, the beautiful colored sky and other scenery including the shimmering water, differs greatly in comparison with the more focused on, somewhat disturbing image, of what appears to represent franticness and fear that is sweeping over this group of men. After observing the painting as closely and carefully as possible, the image to be portrayed caused a feeling of sadness, as well as confusion, to sweep over me. After understanding more about the painting’s meaning, I began to also feel a sense of compassion and sympathy toward these men that I couldn’t even completely comprehend at first. In the painting, Surprise Attack Near Harper’s Ferry, the artist, John A. Mooney, places a great emphasis on the â€Å"subject matter†; the subject matter being the men that were attempting to bathe in the river. Even though the subject matter, the â€Å"central focus† of the painting, seems to just be about this group of Confederate Soldiers, importance is also greatly placed upon the raw emotions shown by these soldiers; emotions that make this painting worth critiquing and analyzing in the first place. On a more positive note or view of the painting, Surprise Attack Near Harper’s Ferry easily has the ability to grab the observer’s attention because of the beautiful, shining color of the river and the broad sky; despite what realities the men might soon be forced to face in these waters. Additionally, one of the major things to notice about this painting is John Mooney’s use of repetition represented by the men in the river. Repetition is noted in the men in the painting, due to their striking, and almost identical similarities in their appearance. Another important principle of design or â€Å"formal property†, is the use of the earlier mentioned contrast between the more serious, central focal point or the â€Å"subject matter† ; also known as the Confederate men in the river, and the more calm and relaxed setting shown by the clear skies and mesmerizing color of the river itself. Contrast is also seen in the painting by the artist’s use of different colors that oppose or conflict with one another. For example, John Mooney uses a much brighter/ lighter color on these men, than what he uses for the intense green/blue river and the more cloudy/ darker color he uses for the sky, or for the background cannon smoke. Contrast is used by this artist to draw more attention to the focal point of the painting.

migrant workers in UK

IntroductionThere has been a big addition in the figure of migratory workers in the UK in recent old ages ( McKay, Craw & A ; Chopra, 2006 ) . These additions have been spurred on by globalization, the spreads opening in the UK labor market and legislative alterations that provide many and varied methods for coming to the UK. While many migratory workers move into extremely skilled occupations, there are besides a important figure who carry out low-paid, low-skilled occupations in the UK. The wage and conditions in these occupations has become the focal point of much involvement, particularly in the aftermath of the flooring deceases of 23 migratory workers reaping cockles at Morecambe Bay. This essay, hence, critically examines the history of migration and current policies, the ways in which migratory workers have been exploited, wellness and safety hazards they face and legal protections that have been put in topographic point.History of migration and migration policiesThe history of migration into and out of the UK is good established ( Sriskandarajah & A ; Drew, 2006 ) . In the past the consequence of this motion has been that people have by and large left the state: normally heading for Australia, New Zealand Canada. Then, more late, people progressively moved out of the UK to Spain and France. It was n't until the eightiess that the UK became a state which had a net inflow of migrators ( Sriskandarajah, Cooley & A ; Kornblatt, 2007 ) . Net in-migration reached its highpoint in the UK in 2004 at 222,600 ; a twelvemonth subsequently it fell back by around 40,000. There were a figure of histrions that caused this alteration. Dobson et Al. ( 2001 ) explain that one ground for this alteration to net in-migration was that the extremely skilled could command better rewards and obtain an improved life style in the UK. In add-on there was besides a big addition in the figure of refuge applications at this clip ( Home Office 2006 ) . Further, with the add-on of new member provinces to the EU, there was increasing migration with 605,375 people successfully registering to work in the UK from these new member provinces ( Home Office, 2007 ) . Despite the net in-migration to the UK, many do non mean to remain for good. Spencer, Ruhs, Anderson and Rogaly ( 2007 ) found that merely one-fourth of those immigrating from East and Central Europe intended to remain for good. Others once more, can be considered irregular migrators. These are people who have come to the UK without the right authorization. Pinkerton, McLaughlan and Salt ( 2004 ) estimation at that place could hold been every bit many as 430,000 illegal immigrants in the UK in 2001. This figure has been questioned, nevertheless, by Dorling ( 2007 ) who suggests this figure might falsely include US military forces stationed here, and others, thereby unnaturally blow uping the Numberss. Whatever the true degree of migrators in the UK, both legal and illegal, there have been clear alterations in in-migration policies over the last few decennaries. Laws sing migration into the UK have besides changed quickly and a big assortment of different ways of come ining the UK have been developed ( Dench, Hurstfield, Hill & A ; Akroyd, 2006 ) . A recent Home Office study finds that there about 50 different methods for people migrating to the UK for both work and survey ( Home Office, 2005 ) . Five strategies are identified as peculiarly of import by Dench et Al. ( 2006 ) . The first of these is the Seasonal Agricultural Workers Scheme ( SAWS ) . This was introduced to let workers populating outside the European Economic Area ( EEA ) to work in the UK transporting out seasonal work in the agricultural industry. Under this strategy 16,250 people each twelvemonth who are over the age of 18 and in full-time instruction are allowed to come in the UK for a period of six months to tra nsport out chiefly unskilled work. This includes picking and wadding of harvests and the handling of farm animal. The ordinances allow that workers may travel employers in that period to take into history the variableness in the crop. Workers are supposed to be paid the lower limit pay and supply adjustment, for which they are allowed to bear down & amp ; lb ; 27 a hebdomad. A 2nd strategy is the Worker Registration Scheme ( WRS ) which applies to people from the eight Accession States ( those that have merely joined the EU ) . In order to forestall mass in-migration and the immediate claiming of benefits, workers traveling to the UK are required to register, and merely one time they have worked without a interruption for 12 months are they entitled to full benefits and other rights. A 3rd strategy is the Sectors Based Scheme ( SBS ) which is designed to let workers to come in the UK to make a insouciant or short-run occupation. This lone applies to two peculiar sectors: nutrient fabrication and cordial reception although it has since been withdrawn from cordial reception because of maltreatment ( Home Office, 2005 ) . A 3rd strategy is the Highly Skilled Migrant Programme ( HSMP ) which is designed to let extremely skilled workers to come in the UK. The Home Office ( 2005 ) study provinces that many migrators come ining the UK under this strategy are ph ysicians or are working in the country of wellness. A 5th class, and the largest method of entry, is through concern and commercial work licenses. Broadly, this allows companies to enroll from outside the UK if they are unable to make full a place with a UK national, or it allows them to travel persons between states within the same company.Motivations for migrationAt the highest degree of analysis one of the chief grounds for in-migration is globalization. Globalization refers to a figure of forces which includes the increased connexions between cognition Centres, easier entree to communications, easier and cheaper travel and an increased flow of labor ( Somerville, 2007 ) . By and large, so, there is much greater integrating across big economic countries such as Europe. It has been argued that one of the specifying marks of globalization is in-migration ( Castles & A ; Miller, 2003 ) . Somerville ( 2007 ) argues, hence, that one of the major factors at the bosom of globalization a nd so migration is economic sciences. As economic force per unit areas change in the UK, so make the types of occupations for which in-migration occurs. Salt and Millar ( 2006 ) show that in 2005 the industry in which most work licenses were issued was wellness and medical services ( 26.1 % ) . This was followed by computing machine services and direction and concern disposal ( 18.1 % and 11.8 % severally ) . Migrants are, hence, clearly reacting to the peculiar demands that the UK economic system nowadayss to them more readily than those already in the UK. This consequence has been amplified by the fact that the UK has seen a period of uninterrupted growing of the economic system from the mid-1990s until recent old ages. Therefore there are considerable macroeconomic effects impacting the increased degrees of migration into the UK. These types of findings are besides reflected in tantamount microeconomic phenomena. Blauw ( 2002 ) has examined the grounds why employers have a inclination to utilize migratory workers. Blauw ( 2002 ) found that while employers tended to look foremost in the UK labor market, if they could n't make full the places they had available they began their hunt amongst migratory workers. Research carried out in Northern Ireland by Bell, Jarman and Lefebvre ( 2004 ) found that migrators were required in peculiar to make full both skilled and unskilled spreads in the labor market. It has besides been found that migratory workers are frequently seen by employers as being & A ; lsquo ; better workers ‘ . Reed ( 2005 ) , for illustration, investigated migratory workers in the nutrient fabrication industry. It was found that the usage of migratory workers had decreased the sum o f illness leave every bit good as the turnover of employees. Many of these findings were backed up by research into employers of migratory workers by Dench et Al. ( 2006 ) . They besides found that in the agricultural industry domestic workers merely did non use for the occupations that required filling, while in the hotels and providing industry domestic workers were non prepared to work the flexible hours that were required for the occupation. Dench et Al. ( 2006 ) points out that it is natural to presume that possibly employers were non seeking really hard to make full their occupations with domestic workers, given that migratory workers often provide cheaper labor. This thought, though, was strongly denied by employers who claimed that they had made extended attempts to enroll domestic workers, but without success. Some employers in the agricultural sector reported that when they tried to enroll from the Jobcentre, possible employees would come for an interview merely so that they could turn out they had been for an interview, so that coul d claim benefits. Other employers in the same sector explained that domestic workers would frequently discontinue after merely a few yearss ‘ work. On the other manus migratory workers frequently worked difficult and stayed in the occupation. Some similar consequences were seen in the hotels and providing sector. The attack to their work that domestic workers showed was really low compared to the dedication that migratory workers displayed. The sum of accomplishment required for the occupation was besides an of import factor for employers ( Dench et al. , 2006 ) . A good illustration was in the building industry where employers particularly valued Polish workers who were extremely motivated and could make full the spread in accomplishments that were seen in the industry. A similar image in relation to accomplishments was besides seen in other industries. In the Finance and Accountancy sector employers complained that they could n't acquire workers with the right makings. As a consequence they had bureaus who would seek globally for the right campaigners. Overall, though, employers understood that the ground that they recruited migrators was that the same sum of money meant more to them than it did to domestic workers. Of class non all employers accepted migratory labor, some said they were diffident precisely what criterions foreign workers were trained up to, and others thought that their deficiency of eloquence in English was a job ( Dench et al. , 2006 ) . Despite this, many employers saw considerable advantages in using migratory workers. Migrant workers were much more dependable and likely to demo up for work than domestic workers – some employers even had to remind workers to take their one-year vacation. Employers besides saw much lower degrees of turnover with migratory workers. This was likely influenced by the fact that those registered on the WRS have to reregister if they move their employer. Further, employers reported that migratory workers were much more hard-working than domestic workers. This meant they were frequently prepared to work longer hours and were enthusiastic about making overtime. Although non mentioned by many employers it was besides clearly a factor that migr atory workers were more likely to be satisfied working for the lower limit pay than domestic workers. Similar findings for why migratory workers are employed are besides revealed by McKay et Al. ( 2006 ) . There are besides considerable inducements from the migratory workers ‘ positions to come to the UK for work. Unsurprisingly one of the chief motives is the handiness of work and the deficiency of work in their state of beginning. Research conducted by Norfolk County Council and YMCA Norfolk ( 2005 ) found migratory workers were chiefly motivated by the comparatively high rates of wage in the UK compared to their state of beginning. Many were peculiarly interested in larning English, particularly those who were from states that had late joined the EU.Exploitation of migratory workersThe motivations for migration in footings of globalization and its specific effects on the labor market clearly set up a state of affairs in which development is a possibility. A recent Trades Union Congress ( 2007a ) study looked at whether migration hurts migrators. They conclude that despite the advantages for employers and the immediate advantages perceived by some migratory workers, there are b esides important jobs faced both at the macro- and microlevels. The World Bank ( 2005 ) , for illustration, has examined the effects on world-wide economic sciences of the international flow of labor. This finds that migratory workers themselves are surely better off working outside their ain state, nevertheless, migrators who stay in the same state really do worse over the long-run. Looking more specifically at the state of affairs in the UK, though, reveals a much more assorted image about the inquiry of migratory workers. A assortment of surveies have attempted to look at the existent on the job conditions of migratory workers. A study from the Health and Safety Executive has looked closely at the types of hazards to which migratory workers are exposed in the workplace ( McKay et al. , 2006 ) . These writers point out that some old grounds suggests that migratory workers face important degrees of development in the workplace. Lawrence ( 2004 ) , for illustration, has pointed to how the nutrient industry has used migratory workers in order to drive down costs and increase productiveness. There have besides been a series of high profile instances in which migratory workers have been injured at work. In the worst of these at Morecambe Bay in 2004, 23 Chinese workers lost their lives while picking cockles when they were caught in lifting tides. Evidence from the Citizens Advice Bureau ( 2004 ) , though, suggests the maltreatments of migratory workers are more systematic. They provide grounds from a figure of different sectors about the conditions under which migratory workers are employed. In the attention place sector it has been found that many well-qualified workers from other states, such as nurses, have been promised work of a similar degree in the UK but end up in places that are significantly below their degree, such as transporting out cleansing or other humble undertakings. Employers will besides often keep onto the migratory worker ‘s passport so as to be able to intimidate them. As a consequence of this kind of bullying, many migratory workers report happening it hard to do any sort of ailment against their employer as they are reliant on the money earned to direct back place to their households. Consequently there is improbable to be any alteration in the migratory workers ‘ place. Within the cleansing sector, the Citizens Advice Bureau ( 2004 ) study that there are a figure of ways that migrant workers have been exploited. They report on migratory workers who have been recruited to clean motorway service Stationss for & A ; lb ; 600 a month, of which & A ; lb ; 200 is deducted for life costs of a shared room in a house. These workers did non have a contract of employment, a National Insurance figure or a payslip. The Citizens Advice Bureau ( 2004 ) besides study on the enlisting of foreign subjects at universities in the UK who are given cleaning occupations after being told they will be paid in arrears – so they are merely non paid at all. Within the cordial reception sector more maltreatments have been seen. Again, the Citizens Advice Bureau ( 2004 ) study that workers are hired for cleansing or working in eating houses but are non given National Insurance Numberss, or contracts, and are paid below the National Minimum Wage. In the agricultural industry, the Citizens Advice Bureau ( 2004 ) study that migratory workers negotiate with & A ; lsquo ; gangmasters ‘ who present themselves as employment bureaus. Workers often face really hapless adjustment as portion of the understanding for which they pay comparatively high rates from their rewards sing the adjustment provided. The Citizens Advice Bureau ( 2004 ) have received ailments on a figure of common subjects. These include really low rates of wage, no proviso of payslips, non-payment of National Insurance parts, really hapless adjustment that is frequently overcrowded and the hazard of dismissal from the occupation without traveling through the proper processs . The findings of the Citizens Advice Bureau ( 2004 ) were besides echoed by Dench et al. , ( 2006 ) . These writers found studies of many of the same jobs, every bit good as narratives that some gangmasters in East Anglia were merely paying migratory workers & A ; lb ; 1 per hr. This was done lawfully be paying the minimal pay but so claiming back a immense proportion for adjustment. Migrant workers are non merely taken advantage of by employers. There are studies of some people bear downing migrators for the privilege of happening them adjustment and work. Sing the studies from the Citizens Advice Bureau ( 2004 ) and other anecdotal grounds, it seems likely that migratory workers ‘ wellbeing would be significantly affected by their on the job conditions. Shields and Price ( 2003 ) examined the psychosocial wellbeing of migratory workers in the UK in relation to different labour market results. They found, possibly unsurprisingly given the grounds reviewed so far, that the welln ess of the severely treated migratory workers is peculiarly hapless. In add-on they have significantly lower degrees of psychological wellbeing.Health and safety hazards of migratorsSing the many reported disadvantages which migrant workers face in the workplace, it is utile to analyze the hazards to which they are exposed. McKay et Al. ( 2006 ) carried out a survey of 200 migratory workers who were interviewed across five different countries in both England and Wales. One of the purposes of the survey was to measure whether migratory workers were placed at any greater hazard than other workers who were of domestic beginning. McKay et Al. ( 2006 ) point out that one of the cardinal issues in wellness and safety is the proviso of preparation. One-third of those who were interviewed in this survey indicated that they had non received any preparation. There was, nevertheless, a considerable difference depending on the sector in which people worked. Those who worked in the populace sect or were significantly more likely to have preparation than those who worked elsewhere. It was thought that private sector employers ‘ attitudes were that one time migratory workers had obtained enfranchisement they would go forth for better occupations. Clearly one of the jobs in preparation is linguistic communication. Shellekens and Smith ( 2004 ) found that communicating was made peculiarly hard through the usage of slang and proficient footings. Some employers did supply instructions in different linguistic communications but these interlingual renditions were non ever dependable, or were faithfully read by migratory workers. Training was besides limited in the sense that while there was sometimes induction preparation, there was improbable to be any on-going preparation. There was besides considerable confusion about who was responsible for supplying the wellness and safety preparation in the first topographic point. For illustration in instances where migratory workers were employed by an bureau, respondents to the research were ill-defined whose duty the preparation was. Overall McKay et Al. ( 2006 ) argue that migratory workers are likely to be at a disadvantage in footings of equal preparation in their occupations compared to other workers. Consequently it is apprehensible that around half of the migratory workers McKay et Al. ( 2006 ) interviewed had no cognition of wellness and safety processs in their workplace. In footings of equipment there was some confusion uncovered in the survey about whether equal protection was provided – migratory workers frequently claimed they were n't given full equipment while employers claimed they did supply it. A similar degree of contradictory messages was received when migratory workers and employers were asked about the figure of accidents that occurred in the workplace. A one-fourth of migratory worker respondents indicated that they had suffered or witnessed an accident – a comparatively high proportion ( McKay et al. , 2006 ) . Many besides said that accident were non reported for fright of jeopardizing their occupations. On the other manus, employers stated that accidents were rare and that all accidents, even the most minor, were reported and recorded. Employers did state, though, that they knew migratory workers were brought up in a civilization of incrimination and so would be improbable to describe accidents. Despite the confusing image, McKay et Al. ( 2006 ) conclude that degrees of accidents are likely higher amongst migratory workers. This is partially due to the fact that employers who agreed to be interviewed were likely more likely to hold good processs in topographi c point along with the fact that migratory workers who have experienced jobs are besides more likely to come frontward for the interviews. This might partially explicate the spread in coverage. The general public assistance of workers was besides examined by McKay et Al. ( 2006 ) who looked at the temperature of working conditions, the interruptions, noise and chemicals. They found, once more, that there was confusion over interruptions with employers by and large stating that interruptions were allowed, while migratory workers stating that they frequently were n't – or at least that their wage was docked if they did take a interruption. Similar differences were seen on the inquiry of temperature – many migratory workers worked in the extremes of temperature. For noise and chemicals there were few differences seen between migrator and other workers. Other types of ailments about working confirmed the findings of the Citizens Advice Bureau ( 2004 ) study: that migrant workers work long hours and frequently did non hold written footings of employment. As a consequence of these findings the Trades Union Congress ( 2007b ) have made a figure of recommendations to better the on the job conditions of migratory workers. They argue that all accidents should be reported, that there should be sufficient proviso of first assistance and public assistance, that the right protective equipment should be provided along with equal preparation and information. This preparation and information should be accessible and hence translated into the relevant linguistic communication should this be required. Finally the TUC recommends that migratory workers should fall in a trade brotherhood so as proper support and administration can be provided.Legal protection for migratory workersSince migratory workers are so susceptible to exploitation it is natural to inquire what legal protection is in topographic point to better their on the job conditions. Since, as McKay et Al. ( 2006 ) point out, migratory workers are amongst the most vulnerable, they surely require excess protection. One peculiar job identified by McKay et Al. ( 2006 ) is the behavior of some & A ; lsquo ; gangmasters ‘ and how it has been addressed by excess legal protection. A gangmaster is person who is responsible for the payment and supervising of a whole group of workers. While some gangmasters behave decently, others have been identified as the cause of serious jobs. Anderson and Rogaly ( 2005 ) have found that the employment relationship can be earnestly confused in the instance where migrators are employed through gangmasters. Surveies of gangmasters have found that merely 10 % of them follow the jurisprudence on employment and 40 % were interrupting the jurisprudence in at least six different ways ( Lawrence, 2004 ) . To try to battle some of these jobs the Gangmasters ( Licensing ) Act 2004 introduced excess protection for those working in the piscaries and agricultural sectors. This purported to present the condemnable offense of undertaking with gangmasters who had non followed the proper licensing processs. These licensing processs are an effort to look into bureaus and gangmasters follow the proper employment processs such as making the relevant wellness and safety criterions. The Act has been badly criticised, nevertheless, as since it came into force the Department for Environment Food and Rural Affairs ( DEFRA ) has been really slow to pull up the ordinances. Besides, since the ordinances have been drawn up it has become clear that the original powers of the Act have been significantly reduced ( Davies & A ; Freedland, 2007 ) . One of the clearest ways in which this legal protection is limited is that it merely doesn't cover the huge bulk of migratory workers, who work in industries other than agribusiness or piscaries. But even in the industries that it does cover, there is a degree of agnosticism about whether it will do a immense impact ( McKay et al. , 2006 ) . Employers pointed out that the existent criterions required in the licensing were comparatively low and that much more rigorous steps need to be put in topographic point. The coverage of the system across the state besides appears to be patchy. There was grounds that gangmasters had moved from one portion of the state to another in order to avoid ordinance. In add-on, many felt that the audit itself did n't look excessively closely into the existent yesteryear working patterns of the gangmasters and bureaus themselves. Finally, there were besides inquiries about how good these new Torahs would be enforced.DecisionThe motivations for migration app ear to be strong in the current labor market state of affairs: globalization, accomplishment deficits and the sheer handiness of certain occupations in the UK mean that migratory workers are in demand. Changes to in-migration policies have meant that there are now a assortment of strategies available for migratory workers to come to the UK. Overall the point should be made that the consequence of migration on both the host and place states is likely positive. Unfortunately it has become clear, due to recent surveies, that a important proportion of migratory workers, peculiarly those working in low-paid, low-skilled businesss, are being exploited. This development appears to run right from the simple bending of regulations to the complete flouting of standard UK employment patterns. Both Health and Safety and TUC probes have uncovered serious defects in the intervention of migratory workers. New regulations have been introduced by Gangmasters ( Licensing ) Act 2004 to seek and contro l the illegal patterns of gangmasters and bureaus. Despite this, and despite the immature age of the statute law, these regulations have been roundly criticised for neglecting to supply equal protection for migratory workers. Not least of these unfavorable judgment is that the statute law does n't cover the bulk of migratory workers. Clearly much greater degrees of ordinance are required to protect those migratory workers who are at the highest hazard of being exploited in the UK labor market.

Defensive versus Offensive Realism Research Paper

Defensive versus Offensive Realism - Research Paper Example The main differences between offensive and defensive realism are based on variations on how they see power and how much power is enough. Defensive realism sees power as a means of attaining stability or security, while offensive realism sees power as both means and ends for political stability. Defensive realism says that states only engage in war to defend the security and stability of their power, while offensive realism asserts that states want more power per se because a state ultimately desires to be the hegemon in the system. Furthermore, offensive realism advocates offensive strategies, instead of restraint that defensive realism recommends, because only the strongest state can be secure. In addition, defensive realism asserts that, though the international system offers incentives for increasing power, strong nations should not pursue hegemony. Instead, Kenneth Waltz stressed that states should only strive for an â€Å"appropriate amount of power.† States can also do b alancing of power to preserve security, such as increasing military resources in reaction to another state that does the same. Despite balancing actions, defensive realism insists that states should only desire sufficient power for its security and stability. Offensive realism argues that balancing power is not efficient in gaining or preserving power; states should start or engage in wars to balance power proactively. John Mearsheimer further asserted that states could aspire for regional hegemony and not global hegemony.

Organizational behavior case study Research Proposal

Organizational behavior case study - Research Proposal Example This paper analyses the occupational stresses, work values and job satisfaction. It also analyses ‘male’ and ‘female model’ differences which was a concern for Stewart thinking the differences between these models. Isabel Stewart, a highly experienced corporate tax lawyer at Austin and March Law firm in Philadelphia, is concerned about a junior male lawyer who is able to secure some extents of better works and to take over ‘big deal’ cases. It is not the compensation paid that she becomes dissatisfied with, but feeling of competition with a very junior person in the next office makes her think negatively and sense of complex to work with a ‘male’ guy turns her more mentally stressed. Stewart is quite different in the ways she thinks. While dealing with matters, instead of intellectual appeal, she gives importance to works in career terms. Being aware of her managerial and decision making skills, Stewart always looks forward for opportunities to improve her skills further yet. Accepting the projects or works as opportunity can be regarded to be more right way than taking it as ‘favor doing’. Stewart realizes that as a lawyer, she could have satisfied the client saying ‘I would really like to do that project’. Moreover, those who succeed in their work are not just sitting for the work in the last minutes but take it as a challenge and they are neither irresponsible nor absent minded even in the cleanliness of their desks. Stewart realizes that successful people are very energetic in doing the projects. She feels that ‘male model’ is some sort of ‘challenge’ characteristic by which one seems to be attacking the work and then making it wonderful. According to her finding out, male model is frenetic style, by which they put much efforts and energy in way more quickly moving fast and jumping around. ‘To be specific’ in dealing with clients is as imperative as quality of the work. Stewarts finds that those guys

Equity Essay Example | Topics and Well Written Essays - 500 words

Equity - Essay Example 2. Geographic location is one of the most important constraints that decide the internal payment structure of the organization as the location influences the standard of living of that employee. A posh locality where it demands high living costs require high compensation packages so the employee expects that the organization will compensate the expenses. Profitability: As the company incurs profits the dispensable income will increase which will be given to the employees and stakeholders as dividends and bonus. The more the profits the more will be the pay structure for the employees. Employee performance: The employee dedication towards the work and the way the employee perform the job activity will ultimately reflect on the organization’s performance and the profitability. The best employee will be recognized by some incentives and rewards which in turn motivates the employee 3. External factors like the government policies and regulations, the culture and customs and stakeholders play an important role in designing a pay structure as they provide the necessary inputs from unions and other parties to promote or to consider a compensation package for the employees which is socially acceptable. The organization requires individuals who can mould their experience into the mission and objectives of the organization for which there are working for; to accommodate people of this high interface, pay structure should be unique in its sense to entice the potential employees.

Survey Development Project Assignment Example | Topics and Well Written Essays - 1500 words

Survey Development Project - Assignment Example The beginning of Boston included events such as the Boston massacre, Boston Tea Party, Boston Siege, and the Battle of Bunker Hill. After the establishment, Boston attracted many settlers from without because it became an interregional center for education, medicine, socialization, and business (Chowdhury, 2012). The city was a regional leader in innovation and economic development. The changes that occurred in Boston made the population grow very fast with the influx of immigrants and investors. The groups that migrated to Boston included Germans, Syrians, French, Canadians, and Haitians, among others. This migration made a blend of many ethnic communities, which changed the operations and interactions of the city drastically (Byrne & Deane, 2011). Boston has a population of 645,966 people, about 10% of Massachusetts’ population, which is 6,708,874 (Love & Sajatovic, 2011). Over half of Boston’s population is made up of Caucasian people, a quarter African-Americans, Hispanic Latinos 17.5, and 8.9% Asians, and American Indians 0.4 (McCuskee, 2012). This makes Boston a blend of many cultures with variations in belief systems and values. The Boston Haitians started to migrate to Boston in the 20thcentury. They were fleeing the dictatorship of Francois Duvalier (commonly known as Papa Doc). Today, the population of Haitians in Boston is only third in United States after Florida and New York (Johnson, 2015). In 2005, for example, there were 40,000 Haitians in Massachusetts. The paper illustrates how Haitians are treated in the medical sector in Boston. The focus is specifically on mental health with a specific focus on the contributions of cultural beliefs. This study will be done among the Boston Haitians with the involvement of professionals in medicine, sociology, and history. This survey explains the approaches to the treatment of the Haitians by the healthcare providers in Boston. The research aims at finding the disadvantages that

How ernest hemmingways life is paralleled in his works Essay

How ernest hemmingways life is paralleled in his works - Essay Example His writings remain well known due to his harshness, reductionist technique, and availability to readers. His writings created the way for potboilers and pulp fiction. In the almost sixty-two years of his existence that came after, he created a literary image without exceeding in the twentieth era. In acting as such, he as well formed a mythological champion in himself that encouraged, and some other times confronted not only committed literary critics, but also the intermediary. His life and trademarks remain evident even at current; otherwise, he was a star (Krstovic 20). His life encounters and how they were parallel to his work Born in 1899, in Oak Park, Illinois, Ernest Hemingway enjoyed an upper middle group atmosphere, where his dad worked as a physician and his mother had practiced as a singer. The household used to go for summers in Michigan, where Ernest developed his huge admiration of everything that was not indoors. As a teenager, his dad taught him the way to hunt and f ish next to shores and within the bushes encircling Michigan Lake. This admiration of nature lived with him for the whole of his life. Nature could be the touchstone of Hemingway’s life and task. When Ernest finished his secondary education, his uncle assisted him get an employment as a reporter in the Kansas City Star. Therefore, this means that he never went to college after high school. Ernest worked at the Star for around six months (Mark 97). Hemmingway was a great sportsman. He loved portraying hunters, soldiers, and bullfighters. His interest in sports is evident in his high school life. He worked on the school’s newspaper; Tabula and Trapeze, primarily writing on sports. Due to America’s involvement in World War 1, Hemingway attempted to join the US Army. Happy as he was, he did not pass the physical test because of his poor eyesight. The desire to take part in the War did not however end there, and Hemingway enrolled with the Red Cross as an Ambulance d river. Upon coming out of US, Hemingway initially moved to Paris, and then got commands to go to Milan. After a short while after arriving at Milan, he travelled to the city of Schio where he did the job of driving ambulances. While shipping chocolates and cigarettes to war men on the rear, Hemingway got badly wounded on July 8, 1918, by pieces from an Austrian gun shield. Despite being seriously injured by the gun, and knocked by machine mortar fire Hemingway committed himself to safe the protection of his compatriot war men, moving them from the danger zone. The Italian state later gave Hemingway a silver medal of Military Valor for his champion activity (Smith 45). Hemingway stayed for some time nursing injuries at a hospital in Milan, where he met Agnes Von kurowsky, a nurse who came from Washington DC. The nurse had six years in his life older than Hemingway did, but he loved her and organized to go with her home to Oak Park. Despite Hemingway falling in love with Agnes, their love affair did not last his going back to the United States of America. Agnes, after a short while, left Hemingway for another man. This greatly devastated the writer, who was still young in age. This instance contributed to his writing of ‘A Very Short Story’ and ‘A Farewell to Arms’. This is a further instance of instances in the writer’s life that shaped his works. It was later that Hemmingway met his first wife Elizabeth Hadley Richardson whom they got married on 1921. They shifted to Paris, France and towards the end of 1923, as Hadley neared giving her

Answer the following 2 questions seperately Assignment

Answer the following 2 questions seperately - Assignment Example On the other hand, public interest theory asserts the need to keep prices at reasonable rates so that more people can access healthcare services; and that more readily and cheaply. As such, the government should intervene to ensure that the best interests of the society are served. In this light, there is the push to have the government inject and nurture competition, liberalize information, assuage externalities and to address market failures (Sirgy, Dong-Jin & Yu, 2011). Public interest theory is the most plausible and tenable of the two, since healthcare market primarily discharges public or social goods. Healthcare is too sacrosanct to be given an economic laissez faire. Likewise, it is very inappropriate and unfortunate to create a situation in the healthcare system where the public bears the burden of operational inefficiencies as players in the business (pharmaceutical and insurance companies, and healthcare institutions) rake profits. If the system that is envisioned by the special interest theory must be adopted or tolerated, healthcare systems must be exempted from such contriving. Imperfect information refers to a situation where the client or the seller does not have partial or full information that may affect their decisions. For instance, in a perfectly competitive market, though healthcare services insurers are entitled to full information pertinent to clients’ health status so that they can subsequently exact premiums in light of the expected costs, some clients will reserve themselves from detailing all the crucial information. Again, these clients may deliberately or inadvertently give inaccurate details. Most of the time however, clients will knowingly withhold information or give incorrect details to escape higher insurance premiums. The import of this development is that it often paves way for market failure, since the giver of the inaccurate or incomplete

Planet feedback Assignment Essay Example | Topics and Well Written Essays - 500 words

Planet feedback Assignment - Essay Example For example, in the top five comments, the trending is associated with faulty products and customer value. Customers could actually forward these concerns to customer service department, especially that all of them are actually negative comments about the products and services Dell offered to its prospective and potential customers. In the case of some concerns about faulty products, based on the top five letters, a customer tries to bring the topic about defective product that is cheaply made and comment on expensive repair for it. As a result, the customer has come to decide buying another brand in the future. At the last part of the letter, the customer tries to recommend and address it to the company not to make their products so cheap and even to apply them better warranty. The customer also has a preconceived idea, those products that are cheap and with no better warranty must have come from China or made in there. This is a negative feedback on the part of Dell and remarkably needs serious response on the part of the management. The mentioned concern of this specific customer possibly threatens the kind of image Dell would create in the market. This would eventually try to make possible customer erosion or even loss of chance of purchase on Dell’s product offerings from those who are still searchi ng for the best brand. They are the ones most likely looking for the best brand feedback as they would want to maximize the value for their money. So this is actually the next concern of the other letter sent to Dell at Planetfeedback. Another customer expresses bad experience with Dell products. This customer seems to have high level of loyalty for Dell brands from the start. This customer used to patronize Dell’s offerings for four years, but not until having bad purchase with defective product. This fails the customer’s expectation, leaving the idea it is not worth to buy products from Dell again. The bottom line of this

Psychology Homework Essay Example for Free

Psychology Homework Essay The argument I have chosen to use is one that was between my friends and I. It was the early hours of the morning and we were at a Jacuzzi party. We were discussing the topic of wages and how much those of us who worked were earning. We then started talking about football players and how they earn millions of pounds for doing a very unnecessary and over paid job; compared to people who offer a service for the country such as those in the NHS or the armed forces who spend all day risking their lives or saving other peoples. The two main points of the argument were: 1. ‘Yes, Footballers are over paid but that is the way it is and that’s how it fits into the national framework’ This point was shared by everyone in the argument, except one person 2. ‘Footballers are paid to much and it should be changed now! ’ This point was shared by one person The people who believed in point 1, myself included showed how their point was valid. They showed that even thought it is not morally right for footballers to earn that much money compared to the amount of work they do or in comparison to people in public services but that is the way it is and with out them Public services would not be able to run as easily. We showed this by explaining the national frame work. The money that is earnt by the footballers is taxed greatly, some as much as 40%, This money is then distributed between education, social security, the NHS and many other things. The other person was still on a one tracked mind that it was just wrong and should be changed. So we explained it again and after much persuasion he started to see things our way. He then started to change the argument and incorporated big companies such as McDonald’s and Nike. His point was that they employ people in under developed countries to work for them because it’s cheap labour and it allows them to make a massive profit margin. The whole group agree that this was wrong but being the well balanced young adults we are, we looked at both sides. Some of our outcomes were that even though to us it seems like an unacceptable wage, the people employed are at least employed. We went far beyond people in Asia and right to where we lived. To other people, 16 and 17 year olds being paid just over minimum wage to work long hours and do jobs other people would say no to, is fine by them. In fact, after this argument a lot of people involved realised it was about themselves. How ironic?

Religion and the State in the US

Religion and the State in the US The separation of church and state in the United States Religion in the United States Religious belief among Americans today is as vigorous, dynamic and widespread as it ever has been. Immigration constantly brings new and different religious traditions and practices to the United States, even as the Christian traditions to which most Americans adhere continue to adapt to the needs of an ever-changing population. Approximately ninety percent of Americans profess a belief in God, and religion remains a pervasive influence on American culture, politics and public policy. No Established State Religion: The separation of church and state Yet the United States is among the few nations in the world that eschew an established state religion-indeed it was the first to do so, in 1791. As a result, the government is prohibited from supporting or endorsing any religion, or promoting one at the expense of another. Among other things, this means it cannot appoint religious leaders, compel worship or prayer, provide official interpretations of sacred scriptures, or define creedal statements of faith. Although this arrangement is widely known in the United States as the separation of church and state, owing to the predominance of Christian churches, it also applies to mosques, synagogues, and indeed all religious institutions of any sort. Scholars often use the term disestablishment to specify the legal aspect of the concept, but by whatever name it is a core principle and defining feature of American political life. The Declaration of Independence July 4, 1776: Representatives of 13 British colonies in North America published the Declaration of Independence, an open letter to the world stating their reasons for breaking the American ties of allegiance to King George V, written primarily by Thomas Jefferson: We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed. That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. What does this mean? The Declaration argued that human rights were given by God, but that they must be protected by a government whose powers are derived from the consent of the governed, not from royal lineage or divine sanction. In its entirety, the declaration did not offer a detailed theory of church and state, much less codify it into law, but these passages do imply a certain view of the relationship between religion and government. According to this document: God is to be acknowledged as the creator of humankind and source of inalienable rights. Government is properly understood as a human, not divine, institution whose authority and power is derived from citizens themselves, not from God. This concept is known as popular sovereignty, which President Abraham Lincoln would famously describe nearly a hundred years later as Government of the people, by the people and for the people. The Declaration of Independence is highly esteemed in American culture not merely as the document that marked the United States independence as a nation, but also as a succinct statement of the founding values of this country. Bill of Rights December 15, 1791: This became part of the United States Constitution. It gave American citizens the most extensive guarantees of liberty the world had ever seen. If the Declaration of Independence signaled the founding of the new nation upon grand ideals of freedom, the Bill of Rights gave power to that promise. It guaranteed the rights to religious freedom, free speech and free association; protections against self-incrimination and unlawful search and seizure; guarantees of public trial, legal counsel and the due process of law; and the extraordinary recognition that citizens have many other powers and rights not enumerated in the Constitution. First right in the bill: Congress shall make no law respecting an establishment of religion, nor prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. Challenges to the freedom of religion The right to the free exercise of religion is not absolute, at least as it applies to religious practices. While American citizens enjoy the absolute liberty of conscience (meaning that they are legally entitled to believe or reject any idea, religious or otherwise, that they encounter), it would be impossible for them to have equal rights to act upon those ideas without being subject to some sort of regulation. Some of these actions would conflict with the goals or actions of others, and the freedom of one or the other person would therefore be restricted. Thus in principle the laws and regulations protecting the free exercise of religion are intended to grant an individual the most expansive set of liberties compatible with the same liberties granted to all others. Conclusion The separation of church and state, and the freedom of conscience it is intended to protect, are widely embraced core principles of the American form of liberal democracy. Church-state separation is at once simple in concept and irredeemably complex in practice. In a sense the aspiration for legal neutrality vis-Ã  -vis religion is doomed to failure because the concept of disestablishment itself rests upon a distinctively Protestant Christian understanding of religion as something that can be equated with faith, then privatized and separated from other parts of life. But in another sense, the lively experiment of religious liberty in the United States has been an extraordinary success, and not just for Protestants: thousands of different religious groups now make up the American religious landscape. Religion in the United States The religious landscape in the United States is shifting rapidly. We used to be a nation where most people identified themselves as Christian; today there are not only more Christian sects, but also growing numbers of people who belong to other faith traditions, and growing numbers who are not affiliated with any religion or are not believers. According to the national surveys, religious affiliation in the United States is both very diverse and extremely fluid. United States public is becoming less religion A study by the Pew Research Center made in 2014 compared data to 2007: The share of U.S. adults who say they believe in God declined from approximately 92% to 89%. The share of Americans who say they are absolutely certain God exists has dropped more sharply, from 71% in 2007 to 63% in 2014. The falloff in traditional religious beliefs and practices coincides with changes in the religious composition of the U.S. public. A growing share of Americans are religiously unaffiliated, including some who self-identify as atheists or agnostics as well as many who describe their religion as nothing in particular. Altogether, the religiously unaffiliated (also called the nones) now account for 23% of the adult population, up from 16% in 2007. Mixed religious backgrounds on the rise About one-in-five U.S. adults were raised with a mixed religious background, according to a new Pew Research Center study. This includes about one-in-ten who say they were raised by two people, both of whom were religiously affiliated but with different religions, such as a Protestant mother and a Catholic father, or a Jewish mother and a Protestant stepfather. An additional 12% say they were raised by one person who was religiously affiliated (e.g., with Protestantism, Catholicism, Judaism or another religion) and another person who was religiously unaffiliated (atheist, agnostic or nothing in particular). Still the exception To be sure, religiously mixed backgrounds remain the exception in America. Eight-in-ten U.S. adults say they were raised within a single religion, including two-thirds who say they were raised by two people who shared the same religion (or both of whom were religiously unaffiliated). An additional 14% who say they were raised by a single parent. But the number of Americans raised in interfaith homes appears to be growing. Fully one-quarter of young adults in the Millennial generation (27%) say they were raised in a religiously mixed family. Fewer Generation Xers (20%), Baby Boomers (19%) and adults from the Silent and Greatest generations (13%) say they were raised in such a household. Religious nones Americans are most likely to identify in adulthood as religiously unaffiliated if they were raised exclusively by a parent or parents who were unaffiliated themselves. Indeed, among adults who say they were raised either by a single parent who had no religion or by two people who were both religious nones, a solid majority (62%) identify as nones today. But there also are many nones who come from religiously mixed backgrounds. Nearly four-in-ten of those who say they had one parent who identified with a religion and another parent who was religiously unaffiliated describe themselves as nones today (38%). And one-quarter of those raised by a Protestant and a Catholic are now religiously unaffiliated (26%). One-in-five people who were raised exclusively by Catholics are religious nones today, as are 14% of those who say they were raised solely by Protestants. Catholics Most people raised solely by Catholics (62%) continue to identify as Catholics in adulthood, which is on par with the share of those raised solely by nones who remain religiously unaffiliated today. But those raised by one Catholic parent and one non-Catholic parent have less than a 50-50 chance of identifying with Catholicism as adults. Among U.S. adults from a mixed Protestant/Catholic background, for example, just 29% identify as Catholics today, while 38% are Protestants and 26% are nones. Protestants Eight-in-ten people raised exclusively within Protestantism continue to identify as Protestants today. And 56% of those raised by a Protestant parent and a religiously unaffiliated parent now identify as Protestants. Mother knows best Most Americans who were raised by a biological or adoptive mother and father say their parents played an equal role in their religious upbringing. But among the roughly four-in-ten adults who say one of their parents (either biological or adoptive) was more responsible for their religious upbringing, far more name their mother than their father. Moms seem to have been especially influential in the religious upbringing of people from interfaith families. Nearly half (46%) of those raised by parents affiliated with two different religions say their mother was primarily responsible for their religious upbringing, while just 7% say their father took primary responsibility; the rest say both parents played equally important roles in their religious upbringing (41%) or give some other answer, such as that they were not raised in any religion (3%).

St. Thomas Aquinas Third Way Modalized :: Aquinas Third Day Philosophy Papers

Aquinas' Third Way Modalized ABSTRACT: The Third Way is the most interesting and insightful of Aquinas' five arguments for the existence of God, even though it is invalid and has some false premises. With the help of a somewhat weak modal logic, however, the Third Way can be transformed into a argument which is certainly valid and plausibly sound. Much of what Aquinas asserted in the Third Way is possibly true even if it is not actually true. Instead of assuming, for example, that things which are contingent fail to exist at some time, we need only assume that contingent things possibly fail to exist at some time. Likewise, we can replace the assumption that if all things fail to exist at some time then there is a time when nothing exists, with the corresponding assumption that if all things possibly fail to exist at some time then possibly there is a time when nothing exists. These and other similar replacements suffice to produce a cogent cosmological argument. Aquinas' Third Way is a cosmological argument for the existence of God which "is taken from possibility and necessity." It is surprising therefore that philosophers of religion have not shown much interest in applying modal logic to its analysis. (1) There are a couple of reasons. First, Aquinas does not always use the words 'possibility' and 'necessity' in the same way that they are used in modal logic. Second, cosmological arguments generally purport to build a bridge between some property of this world and a supreme being, making it unnecessary, it might be thought, to appeal to modalized features of other possible worlds. Modal logic has of course been applied extensively to the analysis of ontological arguments. Ontological arguments purport to build a logical bridge between thought and a supreme being. Most ontological arguments proceed from the assumption that it is possible for God to exist. They then link this assumption with some rather "strong" and controversial principles of modal logic in order to prove that God must exist in all possible worlds, from which it follows that God exists in the real world. (2) It might be possible, however, to prove the existence of God with the use of a weak and noncontroversial system of modal logic if we root the proof with some plausible possibilistic principles about what might be true of the cosmos. The Third Way is not sound per se.

Essay --

Growth and development are two major themes you here time and time again in environmental planning. And rightly so, for if done wrong, they can drastically hinder a society. With that said, Costa Rica is a perfect case study for planning done right. This memo will briefly discuss how Costa Rica made a large leap forward - Using historic population statistics, and crude birth and death rates (Demographic Transition Model), I will tell a story of growth and development done right. Population Growth and Distribution Today, Costa Rica is one of the most stable, prosperous, and least corrupt Latin American countries. As of 2013, Costa Rica has a population of 2,357, 516; 40% of which, live in the Nation’s capital San Jose; the rest is thinly spread across the country. Originally San Josà © was only a small agricultural village with highly fertile soil. However, a few years after winning their freedom from Spain in 1821, the good people of San Josà © and Alajuela combined forces and defeated the pro-Mexican Democrats of Heredia and Cartago. Upon which cemented San Josà © as the capital of the blooming nation (Anywhere Costa Rica). The population slowly rose until after the Second World War- when the city’s numbers increased significantly. Today, over 309 thousand people live in the city with another estimated million in the surrounding suburbs (Anywhere Costa Rica). Development Since 1984, Costa Rica has seen a decrease in population (growth rate dropping from 2.8 to 1.2 by 2015) and infant mortality rates (dropped by half in just 29 years), as well as, an increase in life expectancy. What changed in that short amount of time (United States Census Bureau)? Well, the short answer is the country transitioned from an early industrial soc... ... one percent (Costa Rica). At 9% in 2013, they haven’t reached their goal, however, they’ve managed to cut back 5% in just 20 years. Costa Rica was blessed early on, due to a global interest in coffee beans, with prosperity and wealth; however, it wasn’t until they created a game plan, one with the people in mind that they truly began to progress, fiscally and socially speaking. Granted, Costa Rica isn’t considered a top tier country, but they are by no means at the bottom. With that said, Costa Rica’s young population won’t remain young forever! Much like the baby boomers of the U.S, Costa Rica will have to adjust heavily for the needs of their future elderly. Although, Costa Rica is relatively small, it has a rich history spanning back several millennia; and has positioned itself as one of the most stable, prosperous, and least corrupt Latin American countries.

Comparing Anzia Yezierskas Bread Givers and Soap and Water Essay

Anzia Yezierska's Bread Givers and Soap and Water       In Anzia Yezierska's works Bread Givers and "Soap and Water", she uses similar aspects of the characters that portray her own life. Both of the stories resemble similarities of Yezierska's life and appear to be autobiographical to her personal experiences. The author portrays, in both the stories, a belief that the majority culture is "clean" while the minority culture is dirty. Sarah in Bread Givers and the narrator in "Soap and Water" each have a hunger that drive them in different directions: actual hunger for food, progress into society and a hunger for knowledge. The ladies in both of the stories share similar desires: to become a teacher, go to college, and feed a constant hunger. Though the stories are alike they differ in some areas: outcomes of college life, self -portrayal and chances of getting started in the professional world.    Yezierska's work appears to reflect her own lifestyle. In fact, since the use of the first person narration many think that her work his autobiographical. Most of her works portray the Immigrant woman is in pursuit of the American dream (Drucker 1-3).   Like the Characters in Yezierska's stories Bread Givers and "Soap and Water", Yezierska had the same goals and accomplishments and came from a similar background: going to college, becoming a teacher, working in the laundry business and being raised in poverty. Although the stories resemble Yezierska's life, they are not, according to her daughter, completely accountable. According to Henriksen's "A Writers Life", he claims Yezierska's daughter warns against the accuracy of her mother's writing. "Although most of her writing was autobiographical, she was inc... ...ctions: actual hunger for food, progress into society and a hunger for knowledge. The hunger is what leads them to their ultimate goal.    Works Cited Druker, Sally. Homepage. 15 April 2014.   Ã‚  Ã‚  Ã‚  Ã‚   http://www.georgetown.edu/bassr/heath/syllabuild/iguide/yezierska.html Ebest, Ron. "Anzia Yezierska and the Popular Periodical Debate Over the Jews." Melus. Spring 2000 http://www.findarticles.com/cf_0/m2278/1_25/63323838/p1/article.jhtml?term=Anzia+and%20the+the+popular+periodical+debate Prentice-Hall. Homepage. 14 April 2014. http://cwx.prenhall.com/bookbind/pubbooks/keating/chapter6/custom17/deluxe-content.html Yezierska, Anzia. Bread Givers. New York: Persea Books, 1925. ---. "Soap and Water." Imagining America: Stories from the Promised Land. Ed. Wesley Brown and Amy Ling. New York: Persea Books, 1991. 105-110.

Human vs. Other Organisms Essay

Horse3: Valine, Glutamine, Alanine Donkey3: Valine, Glutamine, Alanine Common zebra3: Valine, Glutamine, Alanine Pig, cow, sheep3: Valine, Glutamine, Alanine Dog3: Valine, Glutamine, Alanine Gray whale3: Valine, Glutamine, Alanine Rabbit3: Valine, Glutamine, Alanine Kangaroo3: Valine, Glutamine, Alanine Chicken, turkey3: Isoleucine, Valine, Glutamine Penguin4: Isoleucine, Valine, Glutamine, 0 Pekin duck2: Valine, Glutamine Snapping turtle3: Valine, Glutamine, Alanine Rattlesnake4: Serine, Glycine, Threonine Bullfrog4: Valine, Glutamine, Alanine, Cysteine Tuna4: Alanine, Valine, Glutamine, Asparagine Screwfly fly5: Valine, Glutamine, Arginine, Alanine Silkworm moth8: Asparagine, Alanine, Asparagine, Valine, Glutamine, Arginine, Alanine, Alanine Tomato horn worm9: Asparagine, Alanine, Aspartic acid, Asparagine, Valine, Glutamine, Arginine, Alanine, Alanine Wheat10: Asparagine, Proline, Aspartic acid, Alanine, Alanine, Lysine, Threonine, Alanine, Aspartic acid, Alanine Rice9: Asparagine, Proline, Lysine, Alanine, Glutamic acid, Lysine, Threonine, Alanine, Aspartic acid Baker’s Yeast11: Serine, Alanine, Lysine, Alanine, Threonine, Leucine, Lysine, Threonine, Arginine, Glutamic acid, Leucine Candida Yeast13: Serine, Alanine, Lysine, Alanine, Threonine, Leucine, Lysine, Threonine, Arginine, Alanine, Glutamic acid, Isoleucine, Alanine Neurospora14: Serine, Lysine, Alanine, Asparagine, Leucine, Lysine, Threonine, Arginine, Alanine, Glutamic acid, Glycine, Glutamic acid, Glycine, Glycine Reflection Questions: Summarize your amino acid comparison in paragraph form. To guide your summary, reflect on the following questions. 1.What does it mean when scientists say that living organisms share a universal genetic code? It means that all extinct organisms have all the same genetic code. 2.How does a universal genetic code relate to the hypotheses about the origin of life on Earth? The near-universal genetic code is that all extant things share some type of common ancestor. 3.How are self-replicating molecules, such as RNA molecules in the â€Å"RNA World† hypothesis, essential to the most popular hypotheses about the origin of life on Earth? They reproduce, and could have been formed through abiotic chemistry on the early Earth. 4.How might similarities and differences in genetic codes, or the proteins built as a result of these codes, be used to determine how closely related different species are? The more alike the letters are in a species, the more recent the ancestor was. If the ancestor was recent then the more alike the two different species will be. 5.Based on the amino acid sequence data for the Cytochome-C protein, chimpanzees and humans share an identical coding sequence. What other species identified on the chart has a coding sequence that is most closely related to the humans and chimpanzees and most distantly related? Explain your answer

Article 21 of the Constitution of India After Maneka Gandhi’s Case Essay

INTRODUCTION To a great extent, the Supreme Court of India finds its strength in Article 21 of the Constitution, for the reason that much of its judicial activism has been based on interpreting the scope of this Article. Majority of the PIL cases have been filed under this Article only. The Supreme Court is now known as an activist court. There has been no change in the words used in Article 21, but there has been a change in the way it has been interpreted. The scope of the Article has expanded considerably post the Maneka Gandhi decision. This will be critically analysed in the following few pages. ARTICLE 21 The Article reads- â€Å"No person shall be deprived of his life or personal liberty except according to procedure established by law.† Constituent Assembly Debate Over Article 21 India’s constitutional system was rooted in the traditions of British parliamentary sovereignty and legal positivism. Thus, the emergence of a strong Supreme Court challenging parliamentary legislation via substantive due process was unlikely given this traditional historical context. But aside from the historical legacy of British rule and legal positivism, two specific historical factors directly influenced the Constituent Assembly to explicitly omit a due process clause in the section on Fundamental Rights. The first was the influence of United States Supreme Court Justice Felix Frankfurter on Constitutional Adviser B.N. Rau, who traveled to Britain, Ireland, the United States and Canada in 1947 to meet with jurists regarding the drafting and framing of the Indian Constitution. The second factor was the tumultuous and chaotic period of communal violence that gripped Northern India as a result of the partition of Muslim Pakistan from Hindu India, which led the framers of the Indian Constitution to remove the due process clause from their draft constitution for the protection of individual liberty.1 The Constituent Assembly of India originally included a due process clause in the Fundamental Rights provisions associated with preventive detention and individual liberty in the initial draft version adopted and published in October of 1947. At this point, a majority of members of the Constituent Assembly favored inclusion of a due process clause, because it would provide procedural safeguards against detention of individuals without cause by the government. However, Rau had succeeded in qualifying the phrase liberty with the word â€Å"personal,† effectively limiting the scope of this clause as applying to individual liberties, and not property rights. After this draft version was published, Rau embarked upon a multi-nation trip to the United States, Canada, and Ireland to meet with jurists, constitutional scholars, and other statesmen. In the United States, Rau met with American Supreme Court Justice Felix Frankfurter, a student of Harvard Law professor James Bradley Thayer, whose writings about the pitfalls of due process as weakening the democratic process had already impressed Rau prior to the visit. In his meeting with Rau, Frankfurter indicated that he believed that the power of judicial review implied in the due process clause was both undemocratic and burdensome to the judiciary, because it empowered judges to invalidate legislation enacted by democratic majorities. 2 Frankfurter had a lasting impression on Rau, who upon his return to India, became a forceful proponent for removing the due process clause, ultimately convincing the Drafting Committee to reconsider the language of draft Article 15 (now Article 21) in January 1948. In these meetings Rau apparently was able to convince Ayyar, the crucial swing vote on the committee, of the potential pitfalls associated with substantive interpretation of due process, which Frankfurter had discussed extensively with Rau. Ayyar, in ultimately upholding the new position on the floor of the Assembly in December 1948, supported removing the due process clause on the grounds that substantive due process could â€Å"impede social legislation.† With the switch in Ayyar’s vote, the Drafting Committee endorsed Rau’s new preferred language-replacing the due process clause with the phrase â€Å"according to the procedure established by law,† which was apparently borrowed from the Japanese Constitution.3 Protection of Life and Personal Liberty Gopalan’s Case Immediately after the Constitution became effective, the question of interpretation of the words â€Å"life and personal liberty† arose before the court in the case A.K. Gopalan v. State of Madras.4 In this case, the Petitioner had been detained under the Preventive Detention Act, 1950. The petitioner challenged the validity of his detention on the ground that it was violative of his Right to freedom of movement under Article 19(1)(d), which is the very essence of personal liberty guaranteed by Article 21 of the Constitution. He argued that (i) the words ‘personal liberty’ include the freedom of movement also and therefore the Preventive Detention Act, 1950 must also satisfy the requirements of Article 19(5). (ii) It was further argued that Article 21 and Article 19 should be read together as Article 19 laid out the substantive rights while Article 21 provided procedural rights. (iii) It was also argued that the words â€Å"procedure established by law† actually meant â€Å"due process of law† from the American Constitution which includes principles of natural justice and the impugned law does not satisfy that requirement. Thus the main question was whether Article 21 envisaged any procedure laid down by a law enacted by a legislature, or whether the procedure should be just, fair and reasonable. On behalf of Gopalan, an argument was made to persuade the Supreme Court to hold that the courts could adjudicate upon the reasonableness of the Preventive Detention Act, or for that matter, any law depriving a person of his personal liberty. Majority Decision in Gopalan The Supreme Court ruled by majority that the word ‘law’ in Article 21 could not be read as meaning rules of natural justice. These rules were vague and indefinite and the Constitution could not be read as laying down a vague standard. The Court further interpreted the term ‘law’ as ‘State made law’ and rejected the plea that the term ‘law’ in Article 21 meant jus naturale or principles of natural justice. Justice Fazl Ali’s Dissenting Judgment Justicle Fazl Ali in his dissenting judgment observed that preventive detention is a direct infringement of the right guaranteed in Art. 19 (1) (d), even if a narrow construction is placed on the said sub-clause, and a lawrelating to preventive detention is therefore subject to such limited judicial review as is permitted by Art. 19 (5). There is nothing revolutionary in the view that â€Å"procedure established by law â€Å"must include the four principles of elementary justice which inhere in and are at the root of all civilized systems of law, and which have been stated by the American Courts and jurists as consisting in (1) notice, (2) opportunity to be heard, (3) impartial tribunal and (4) orderly course of procedure. These four principles are really different aspects of the same right, namely, the right to be heard before one is condemned. Hence the words â€Å"procedure established by law â€Å", whatever its exact meaning be, must necessarily include the principle that no person shall be condemned without hearing by an impartial tribunal. Relationship among Articles 21, 22 and 19 An attempt was made in Gopalan to establish a link between these three Articles. The underlying purpose was to persuade the Court to adjudge the reasonableness of the Preventive Detention Act. It was therefore argued that when a person was detained, his several rights under Article 19 were affected and thus, the reasonableness of the law, and the procedure contained therein (regarding reasonable restrictions), should be justiciable with reference to Arts. 19(2) to (6). Rejecting the argument, the Court pointed out that the word ‘personal liberty’ under Article 21 in itself had a comprehensive content and ordinarily, if left alone, would include not only freedom from arrest or detention, but also various freedoms guaranteed by Art. 19. However, reading Articles 19 and 21 together , Article 19 must be held to deal with a few specific freedoms mentioned therein and not with freedom from detention whether punitive or preventive. Similarly, Art. 21 should be held as excluding the freedoms dealt with in Article 19. The Court ruled that Arts. 20 and 22 constituted a comprehensive code and embodied the entire constitutional protection in relation to life and personal liberty and was not controlled by Article 19. Thus, a law depriving personal liberty had to conform with Arts. 20 and 22 and not with Art. 19, which covered a separate and distinct ground. Article 19 could be invoked only by a freeman and not one under arrest. Further, Article 19 could be invoked only when a law directly attempted to control a right mentioned under it. Thus, a law directly controlling a citizen’s right to freedom of speech and expression could be tested under the exception given under Art. 19(2); and a law that does not directly control the fundamental freedoms under Article 19, could not be tested under the clauses (2) to (6) of Article 19. This judicial approach meant that a preventive detention law would be valid, and be within the terms of Article 21, so long as it conformed to Article 22. Due Process of Law The V Amendment of the US Constitution lays down inter alia that â€Å"no person shall be deprived of his life, liberty or property, without due process of law.† The use of the word ‘due’ in this clause is interpreted to mean ‘just’, ‘proper’ or ‘reasonable’ according to judicial review. The courts can pronounce whether a law affecting a person’s life, liberty or property is reasonable or not. The court may declare a law invalid if it does not accord with its notions of what is just, fair and reasonable. Thus, this clause known as the ‘due process clause’ has been the most significant single source of judicial review in the US. It was contended in Gopalan that the expression procedure established by law in Art. 21 was synonymous with the American concept of ‘procedural due process’, and therefore, the reasonableness of the Preventive Detention Act, or for that matter, of any law affecting a person’s life or personal liberty, should comply with the principles of natural justice. The Supreme Court rejected this contention giving several reasons: i) The word ‘due’ was absent from Article 21. ii) The fact that the words ‘due process’ were dropped from draft Article 15 (present Article 21), signified the intention of the Constituent Assembly, that was to avoid the uncertainty surrounding the due process concept in the USA. iii) The American doctrine generated the countervailing but complicated doctrine of police power to restrict the ambit of due process, i.e., the doctrine of governmental power to regulate private rights in public interest. If the doctrine of due process was imported into India, then the doctrine of police power might also have to be imported, and which would make things very complicated. The ruling thus meant that to deprive a person of his life or personal liberty- i) There must be a law ii) It should lay down a procedure iii) The executive should follow this procedure while depriving a person of his life or personal liberty. Criticism Gopalan was characterized as the ‘high-water mark of legal positivism.’ Court’s approach was very static, mechanical, purely literal and was coloured by the positivist or imperative theory of law, which studies the law as it is. Article 21 was interpreted by the majority to mean that Art. 21 constituted a restriction only on the executive which could not act without law and that it was not applicable against legislative power, which could make any law to impose restraints on personal liberty, however arbitrary they may be. GOPALAN TO MANEKA: 1950-1977 Gopalan held the field for almost three decades. It can be observed during this period from the court decisions that the two major points settled in the case [that is, firstly that Articles 19, 21 and 22 are mutually exclusive and independent of each other, and secondly that Article 19 was not to apply to a law affecting personal liberty to which Article 21 would apply] got diluted to a great extent until finally in Maneka Gandhi’s case this position was reversed. The decisions immediately proceeding Gopalan’s case were decided on the same basis. For example, in Ram Singh v. Delhi5, where a person was detained under the Preventive Detention Act for making speeches prejudicial to the maintenance of public order, at a time when public order was not contained under Article 19(2), the Supreme Court refused to assess the validity of preventive detention under Article 22 with reference to Article 19(1)(a) read with Article 19(2) stating that even if a right under Art. 19(1)(a) was abridged, the validity of the preventive detention order could not be considered with reference to Art. 19(2) because of the Gopalan decision that legislation authorizing deprivation of personal liberty did not fall under Art. 19 and its validity was not to be judged by the criteria in Art. 19. The beginning of the new trend can be found in RC Cooper v. Union of India6, where Article 31(2) which had been amended to dilute the protection to property, the Court established a link between Article 19(1)(f) (right to property) and Article 31(2). But the draconian Gopalan ruling found its way back and reached the lowest point in ADM Jabalpur v. Shivkant Shukla7, remembered as the black day in Indian Constitutional history. In this case the political dissenters of the Indira Gandhi government were arrested and Shivkant Shukla contended that this was in violation of their right to life and personal liberty and so the writ of habeas corpus should be issued. Court held that during the period of emergency, a person could be detained and his right to life and personal liberty under Article 21 could be suspended, and such suspension could not be challenged and the writ of habeas corpus could not be issued during the emergency. This case showed that Article 21 could not play any role in providing any protection against any harsh law seeking to deprive a person of his life or liberty. It is the dissenting judgment of Fazl Ali J that was subsequently applied in the decision in Maneka Gandhi’s case and the cases after that, regarding the right to life and personal liberty. MANEKA GANDHI’S CASE In Maneka Gandhi v. Union of India8 and ever since, the Supreme Court has shown greater sensitivity to the protection of personal liberty. The court has reinterpreted Article 21 and overruled its Gopalan decision and which, in the words of MP Jain, can be regarded as a highly creative judicial pronouncement on the part of the Supreme Court. In this case, Maneka Gandhi’s passport was impounded by the Central Government under the Passport Act in the interest of the general public, as was provided under S. 103(c) of the Passport Act. This was challenged on the ground of being arbitrary to Article 21 and also because this was done without affording her a chance to be heard. The Court observed that as the right to travel abroad falls under Article 21, principles of natural justice must be observed and the right of hearing should be given, even though not expressly provided for under the statute. Some of the main propositions laid down by the court in this case are as follows: 1. The court reiterated the proposition that Articles 14, 19 and 21 are inter-related and not mutually exclusive. This means that a law prescribing a procedure to deprive a person of their personal liberty, should conform to the provisions under Article 19. Moreover, the procedure established by law under Article 21 must meet the requirements of Article 14. According to K. Iyer, J, no Article in the Constitution pertaining to a Fundamental Right is an island in itself. Just as a man is not dissectible into separate limbs, cardinal rights in an organic constitution have a synthesis. Here, the dissenting judgment of Justice Fazl Ali in Gopalan’s case was followed. 2. The court emphasized that the expression ‘personal liberty’ was of the widest amplitude covering a variety of rights which go to constitute the personal liberty of man. Some of these attributes have been raised to the status of distinct fundamental rights and given additional protection under Article 19. 3. The most significant aspect of Maneka’s decision is the reinterpretation by the court of the expression ‘procedure established by law’ used in Article 21. It now means that the procedure must satisfy certain requisites in the sense of being fair and reasonable. The procedure cannot be arbitrary, unfair or unreasonable. The reasonableness must be projected in the procedure contemplated by Article 21. IMPACT OF MANEKA GANDHI’S DECISION Article 21 which had lain dormant for nearly three decades was brought to life by the Maneka Gandhi decision. Since then Article 21 has been on its way to emerge as the Indian version of the American concept of due process. It has become the source of many substantive rights and procedural safeguards to the people. Some of the broad fields of this impact will be discussed as below: 1. Interpretation of the Word Life In Francis Coralie9 the Supreme Court, following the principle laid down in Maneka Gandhi’s case, has interpreted the meaning of life as has been interpreted by the US Supreme Court in Munn v. Illinois10, and held that the expression ‘life’ under Article 21 does not connote merely physical or animal existence but embraces something more. As recently as 2006, the Supreme Court has observed that Article 21 embraces within its sweep not only physical existence but also the quality of life. These cases only reflect a part of the scope and ambit of the word ‘life’ under Article 21, which has been extended widely by the Supreme Court over the years proceeding Maneka. There have been a number of areas in which the Supreme Court has related some of the Directive Principles of State Policies to the word ‘life’ under Article 21 and made it enforceable as a fundamental right. A classic example of this is the large number of environment related cases filed by MC Mehta. 2. Personal Liberty It does not mean merely the liberty of body, i.e., freedom from physical restraint or freedom from confinement within the bounds of a prison. The expression ‘personal liberty’ is not used in a narrow sense but as a compendious term to include within it all those variety of rights of a person which go to make personal liberty of a man. To begin with, the expression ‘personal liberty’ in Art. 21 was interpreted so as to exclude the rights mentioned under Article 19. The view was expressed in Kharak Singh v. State of Uttar Pradesh11 that while Art. 19(1) dealt with particular species of that freedom, ‘personal liberty’ in Art. 21 would take in the residue. This view was followed in Gopalan’s case as well. But the minority view expressed by Justice Subba Rao adopted a much wider concept of ‘personal liberty’. He differed from the majority view that Art. 21 excluded what was guaranteed by Art. 19. He pleaded for an overlapping approach of Arts. 21 and 19. In a recent judgment of 2009, Suchita Srivastava v. Chandigarh Administration12, the Supreme Court asserted the strict boundaries of ‘personal liberty’ but that such liberty must also accommodate public interest. A woman’s right to make reproductive choice has been held to be a dimension of ‘perso nal liberty’ within the meaning of Art. 21. 3. Law Ordinarily, the word law in Article 21 denotes an enacted law, i.e., a law made by the Legislature. But in AK Roy v. Union of India13, the question was whether an ordinance in the context of National Security Ordinance, 1980, promulgated by the President to provide for preventive detention in certain cases and connected matters, a law? The petitioner argued that since this was made by an executive it was not law and could not, thus, deprive a person of their ‘personal liberty’. The Supreme Court held that an ordinance passed by an executive is well within the meaning of ‘law’ and must therefore, also be subject to Fundamental Rights, just like an Act of the Legislature. 4. Procedure After Maneka Gandhi, it is now established that the procedure for purposes of Art. 21 has to be reasonable, fair and just. The Supreme Court has reasserted in Kartar Singh v. State of Punjab14 that the procedure contemplated by Art. 21 is that it must be ‘right, just and fair’ and not arbitrary, fanciful or oppressive. In re The Special Courts Bill, 1978, the Special Courts Bill proposed that a special court would be constituted to try certain persons holding high political offices during the emergency of 1975-1977. The special Court was to be presided over by a sitting or retired Judge of a High Court, to be appointed by the Central Government in consultation with the Chief Justice of India. The accused could appeal to the Supreme Court against the verdict of the special Court. For the procedure to be just, fair and reasonable, the Court suggested certain modifications: There should be a provision for transferring a case from one special court to another so as to avoid the possibility of a trial where a judge may be biased against the accused Only a sitting High Court Judge ought to be appointed, for the retired Judge would hold the office as a Judge of the special court during the pleasure of the government, and the â€Å"pleasure doctrine was subversive of judicial independence.† Instead of mere consultation, the Chief Justice’s concurrence should be there, which would inspire confidence not only of the accused but also of the entire community in the special Court. CRIMINAL JUSTICE AFTER MANEKA Arrest In Joginder Kumar v. State of Uttar Pradesh15, the Supreme Court has observed that an arrest can cause incalculable harm to a person’s reputation and self-esteem. Arrest should be made not merely on suspicion but only after a reasonable satisfaction reached after some investigation as to the genuineness and bona fides of the complaint and a reasonable belief to the person’s complicity and even as to the need to effect arrest. Speedy Trial Speedy trial has not been mentioned as a fundamental right in the Constitution. Yet the Court has declared this as a fundamental right in Hussainara Khatoon v. Home Secretary, State of Bihar (I).16 In this case, the undertrials were in prison for a long period of time, awaiting their trials. Bhagwati, J. held that although, unlike the American Constitution speedy trial is not specifically enumerated as a fundamental right, it is implicit in the broad sweep and content of Article 21 as interpreted in Maneka Gandhi’s case. This position was reiterated in Hussainara Khatoon(No. 2) and Hussainara Khatoon(No. 3). In a significant judgment in Abdul Rehman Antulay v. RS Nayak17, the Supreme Court has laid down guidelines for the speedy trial of an accused: i) Fair, just and reasonable procedure implicit in Article 21 of the Constitution creates a right in the accused to be tried speedily. Right to speedy trial is the right of the accused. The fact that a speedy trial is also in public interest or that it serves the societal interest also, does not make it any-the-less the right of the accused. ii) Right to Speedy Trial flowing from Article 21 encompasses all the stages, namely the stage of investigation, inquiry, trial, appeal, revision and retrial. That is how, this Court has understood this right and there is no reason to take a restricted view. iii) The concerns underlying the Right to speedy trial from the point of view of the accused are: (a) the period of remand and pre-conviction detention should be as short as possible. In other words, the accused should not be subjected to unnecessary or unduly long incarceration prior to his conviction; (b) the worry, anxiety, expense and disturbance to his vocation and peace, resulting from an unduly prolonged investigation, inquiry or trial should be minimal; and (c) undue delay may well result in impairment of the ability of the accused to defend himself, whether on account of death, disappearance or non-availability of witnesses or otherwise. In Sunil Batra (II) v. Delhi Administration18, it was held that the practice of keeping undertrials with convicts in jails offended the test of reasonableness in Art. 19 and fairness in Art. 21. Prison Administration In Sunil Batra (I) v. Delhi Administration19, the important question before the court was whether solitary confinement imposed upon prisoners who were under sentence of death, was violative of Articles 14, 19, 20 and 21. It was held that under Sections 73 and 74 of the IPC, solitary confinement is a substantive punishment, which can be imposed by a court of law, and it cannot be left within the caprice of prison authorities. It further observed that if by imposing solitary confinement there is total deprivation of camaraderie amongst co-prisoners, comingling and talking and being talked to, it would offend Article 21 of the Constitution. The liberty to move, mix mingle, talk, share company with co-prisoners if substantially curtailed, would be violative of Article 21 unless curtailment has the backing of law. Here we see the high regard that the Supreme Court gives to human life and personal liberty, notwithstanding a person’s jail sentence. In Prem Shankar v. Delhi Administration20, the Supreme Court has held that handcuffing should be resorted to only when there is clear and present danger of escape. Even when in extreme cases, handcuffing is to be put on the prisoner, the escorting authority must record simultaneously the reasons for doing so, otherwise the procedure would be unfair and bad in law. This is implicit in Article 21 which insists upon fairness, reasonableness and justice in the procedure for deprivation of life and liberty. Legal Aid In Hussainara21, the Supreme Court has observed that it is an essential ingredient of reasonable, fair and just procedure to a prisoner who is to seek his liberation through the court’s process that he should have legal services available to him. Providing free legal service to the poor and the needy is an essential element of any reasonable, fair and just procedure. In Suk Das22, the Court quashed the conviction of the appellant because the accused remained unrepresented by a lawyer and so the trial became vitiated on account of a fatal constitutional infirmity. The court held that free legal assistance at the cost of the State is a Fundamental Right of a person accused of an offence and this requirement is implicit in the requirement of a fair, just and reasonable procedure prescribed by Article 21. Public Interest Litigation One of the most effective instruments evolved by the Supreme Court for attaining social justice is Public Interest Litigation (PIL). Any person with a sufficient interest and acting bona fide can file a PIL in the Supreme Court under Art. 32 or Art. 226. If there is a violation of any fundamental right or legal duties and there is legal injury to a person or a class of persons who are unable to approach the court by ignorance, poverty or by any disability, social or economic, any member of the public can make an application for an appropriate direction or order or writ before the High Court under Article 226 and before the Supreme Court under Article 32 for redressal. This was the gist of the principle laid down in SP Gupta v. Union of India23, in which the Court has given considerable relaxation to the doctrine of locus standi. PILs have played an important role in the fields of prison reforms, gender justice, environment protection, child rights, education, wherein the court has constantly made an attempt to uphold the value of a dignified human life, which is not merely confined to access to food, shelter and clothing, but goes much beyond. For instance, in Vishakha v. State of Rajasthan24, an incident of rape was held to be violative of not only the right to gender equality under Art. 14, but also of the right to life under Article 21. The Supreme Court has laid down specific guidelines as to what constitutes sexual harassment at workplace, placing the responsibility on the employer to ensure the safety of their employees, also making it mandatory for all public offices to have a Women’s Cell, where the women employees could take their grievances. These guidelines can also be found in the Criminal Law Amendment Act 2013. In MC Mehta v. Union of India25, the Supreme Court has developed the concept of absolute liability regarding the payment of compensation by an enterprise engaged in dangerous and hazardous activities. The Supreme Court has also exercised epistolary jurisdiction, wherein a letter has been treated as a petition before the court. In Labourers Working on Salal Hydroelectric Project v. State of Jammu and Kashmir26, litigation was started on the basis of a letter addressed by the People’s Union for Democratic Rights to Mr. Justice D.A. Desai enclosing a copy of the news item which appeared in the issue of Indian Express pointing out that a large number of workmen working on the Salal Hydro Electric Project were denied the benefit of various labour laws and were subjected to exploitation by the contractors to whom different portions of the work were entrusted by the Central Government. In all of these cases, and a number of others, a reflection of Maneka’s decision can be found, wherein the Court has tried to uphold the sanctity of a dignified human life. CRITICAL APPRAISAL OF MANEKA’S DECISION The kind of wide interpretation that has been given to Article 21 post Maneka, has not been given to any other provision. Article 21 read with Articles 32 and 226, has become the most important weapon of judicial activism. By relating Directive Principles of State Policy with Fundamental Rights, court is granting remedies on an ever increasing scale. But it must be remembered that Directive Principles are non-justiciable in nature and cannot be enforced. Yet, the Supreme Court has gone to great lengths to enforce these by relating them to right to life. But balancing of conflicting interests is an important function of law. Function of law is social engineering. This has to be performed by both, the Legislator as well as the Judiciary. Justice Cardozo also says that the court can evolve a process for dealing with the social ills. Thus, where legislators fail to balance the interests, it is the Court which must do it. The court will be criticized for judicial over-reach, that is, for undertaking the power of the legislator and laying down a law, as it happened in Vishakha v. State of Rajasthan. But it must be realized that where the Legislators fail, the court has to step in. The gaps need to be filled. Thus, from the perspective of Roscoe Pound’s social engineering theory, which is very relevant in the present scenario, court’s actions cannot be termed as judicial overreach. CONCLUSION Thus, the decision of the Supreme Court in Maneka Gandhi’s case became the basis of the court’s decisions in subsequent cases pertaining to not only Article 21 expressly, but wherever the court found a relation between life and another aspect of it. The Court developed a theory of ‘inter-relationship of rights’ to hold that governmental action which curtailed either of these rights should meet the designated threshold for restraints on all of them. In this manner, the Courts incorporated the guarantee of ‘substantive due process’ into the language of Article 21. This was followed by a series of decisions, where the conceptions of ‘life’ and ‘personal liberty’ were interpreted liberally to include rights which had not been expressly enumerated in Part III.27 The width of Article 21 will keep expanding as long as our Supreme Court upholds its title of the activist court, and intervenes dutifully to preserve the fundamental rights of the people. The Court has, thus, played the role of a social engineer, constantly making an effort to balance the conflicting interests of the state with those of the society and the individuals. REFERENCES 1. Indian Constitutional Law, M.P. Jain, Sixth Edition (2013). 2. Constitutional Law of India, J.N. Pandey, Forty Third Edition (2006).