Marxist and Post-Colonial Readings of In the Skin of a Lion - Literature Essay Samples

The postmodernist novel In the Skin of a Lion, by Michael Ondaatje, is a convincing exploration of the complex nature of power and the impact of ethnocentric domination on different cultural groups. Though lending itself to a wide variety of readings, the obvious Marxist and post-colonial themes consistently portrayed throughout the novel signify a strong relationship between those concepts and Ondaatje’s personal beliefs and values. Thus, these particular interpretations can be perceived as a mechanism by which Ondaatje’s intentions are revealed: capitalist exploitation of the working class, class struggle and the plight of the marginalised groups, and the resulting effect on the telling of history. Ondaatje’s purpose as the composer is effectively captured within three key scenes which both express and highlight the significance of the issues being explored.The first of these scenes, detailing the (real life) official opening of the Bloor Street Viaduct, illust rates the dismissive attitude of the capitalist rich toward the contribution of the working class in building Toronto. â€Å"Christened ‘Prince Edward,’† the bridge was to be opened by a â€Å"show car containing officials,† supposedly representing those responsible for its construction. However, the procession is interrupted by someone â€Å"anonymous and cycling like hell†¦a blur of intent† crossing the bridge, a faction technique that Ondaatje has included to symbolise acts of resistance by ‘common people’ against those in power. The depiction of â€Å"the string of onions that he carries on his shoulder splaying out† strongly suggests that the individual is a migrant, possibly one who had worked on the bridge, strengthening the significance of his subverting the ceremonial role of the officials. The Marxist overtones of this event is supported by the reference of â€Å"thunderous applause [that] greeted him at the far e nd,† a celebratory gesture for undermining the capitalist class, exemplifying Ondaatje’s view on the class struggle and the value he places on the perceived powerless over the powerful. This passage also discusses the impact of ethnocentric domination on the migrant working class, specifically the effect this has on the telling of history. Announcing (in an epigraph) that â€Å"never again will a single story be told as though it were the only one,† Ondaatje foregrounds within this scene those historically considered anonymous, despite their integral contribution to the physical and social infrastructure of Toronto. He conveys his intentions through a flashback to the eve of the official ceremony, in which â€Å"workers had arrived and brushed away officials†¦moved with their own flickering lights – their candles for the bridge dead.† There is no official ceremony to mourn, or even acknowledge the dead, and so the workers must conduct their ow n private vigil in an effort to provide at least some recognition. The evocative imagery of â€Å"their candles†¦like a wave of civilisation, a net of summer insects over the valley† communicates the emotional aspect of cultural disempowerment and dissatisfaction with historical anonymity. The event challenges the ethnocentric assumption of ‘official’ accounts by addressing the role of the marginalised groups who were historically silenced. In this way Ondaatje embraces the post-colonial stance of disregarding the dominant version of history â€Å"as though it were the only one,† instead providing a counter history that gives power to the unacknowledged masses. In the next passage Ondaatje explores elements of the complexity of power in relation to storytelling and history through the characterisation of Alice and the influence of metaphor. This extract follows Alice’s puppet show, a theatrical interpretation of the migrant and working class ex perience demonstrating the frustration of those who are limited by their cultural dimension to give them a voice in society. During the scene she instructs Patrick, a member of the working class, that â€Å"you reach people through metaphor. It’s what I reached you with earlier tonight in the performance.† The metaphor in question, donning â€Å"the skin of a lion,† is the means by which Alice encourages the minorities to use their voice by dramatically communicating the issues of the lower class herself. The importance is then placed on the power of story-telling, which connects to the post-colonialist defiance of ethnocentricity; by having the marginalised given the opportunity to tell their own histories, they are empowered to subvert their traditional position of historical anonymity. Ondaatje is reinforcing that there is no such thing as â€Å"a single story† since ‘definitive’ history is constructed by, and only includes, those in power . As such, Alice’s characterisation as an initiator of storytelling and activist for the migrant workers reflects Ondaatje’s purpose in acknowledging the significance of ‘untold’ stories over dominant records. Further on in this scene, power is discussed within the context of wealth and the ideals of capitalism. Patrick laments having only â€Å"about ten bucks to my name† until Alice points out the negative consequences of capitalist ambition. She claims people only succeed in becoming rich by â€Å"becoming just like the ones they want to overtake,† citing Ambrose Small as an example. The character of Small has been utilised as a symbol for â€Å"bare-knuckled capitalism† and its adverse effects on society, a typical Marxist perception of wealth and financial power. Alice, as the counterpoint to the world of the rich, describes him as â€Å"predatory,† an isolated individual who â€Å"let nothing cling to him, not even Clara. † She says she liked Patrick â€Å"because you knew that. Because you hated that in him,† emphasising her belief in the corruption of those that represent power and its damaging ability to divide society into the powerful and the powerless. This scene thus encapsulates Ondaatje’s intention in relating differing forms of power, be it communicative or financial, and the significant effect it can have on the lives of individuals and groups. The final scene, a confrontation between Commissioner Harris (yet another symbol of authority) and Patrick, exhibits the response to the capitalist exploitation of the working class and the plight of the marginalised groups. Patrick (while holding a blasting box under his arm) demands that Harris understand the true nature of the class structure, verbally attacking him for the â€Å"goddamn herringbone tiles in the toilets [that] cost more than half our salaries put together.† Patrick, on behalf of the historically silence d minorities, forces Harris to â€Å"think about those who built the intake tunnels. Do you know how many of us died in there?† As well as connecting to the anonymity of the â€Å"bridge dead,† Harris’ curt reply, â€Å"there were no records kept,† substantiates the workers’ lack of recognition and absence of value in the eyes of the ethnocentric class system. However, Harris is already aware of this to an extent; he quickly realises that â€Å"what you [Patrick] are looking for is a villain,† a face for the oppressive dominant culture. This incident encapsulates the degree to which cultural groups have been affected by the ‘forces of power’ and explains Ondaatje’s belief in the need to re-evaluate history with a focus on the extensive contribution of the migrant workers.In addition, Patrick’s view of Harris as a â€Å"villain† demonstrates his need for something tangible to hold responsible for the disempow erment and frustration of the workers. However, Patrick fails to realise that acts of aggression (in this case threatening to blow up the waterworks) will not eliminate the â€Å"systems of exploitation† because power is a metaphysical entity, underlining the nature of its complexity. Harris, perhaps because of his deep involvement with it, is conscious of this, pointing out to Patrick that â€Å"You don’t understand power†¦you don’t want it to exist but you move around it all the time.† Terrorism is ineffective because power cannot be located in a single individual or building, but emanates from the dominant culture in a way that is constantly shifting and changing. Ultimately Patrick decides against detonating the dynamite, as Harris recognises Patrick’s (and by extension the workers’) contribution to the development of Toronto and society as a whole. He also encourages Patrick to accept Alice’s death, to abandon her metaphoric al idea that â€Å"you name the enemy and destroy the power† so as to be able to move beyond the concept that one is the enemy and the other is the victim. In this way, Ondaatje provides the notion of the resolution of class differences and his belief in the future of the working class.Throughout the novel Ondaatje’s exploration of the nature of power and ethnocentric domination evolves as the complexity of these subjects is revealed. The importance placed on the ability to tell stories, the portrayal of capitalist corruption and exploitation, and the assertion that authoritarian power is not a physical manifestation that can be destroyed by acts of terrorism demonstrates the multifaceted way in which power can be perceived and the impact it can have on individuals. Furthermore, the portrayal of class struggles and the historical silence of marginalised groups displays Ondaatje’s view on the plight of ‘anonymous’ migrant workers. In essence, Ondaatj e’s purpose in writing In the Skin of a Lion was to communicate the value he holds for the non-dominant cultural groups and his personal beliefs in regards to the effects of power, in all its forms, on society, as captured in the post-colonial and Marxist readings of three key scenes.

Essay about 1950s in the U.S. - 1172 Words

The 1950’s in the United States of America were characterized by a strong fear of communism, growing consumerism due to a healthy and fast growing postwar industry and the belief that the nuclear family is the heart of the American society. If we examine these three ideologies closer and oppose them to Stephanie Coontz opinion expressed in her essay â€Å"Leave It to Beaver and Ozzie and Harriet: American Families in the 1950s,†, we see that many myths existed about the 1950’s. After World War Two the American economy was on the rise due to the outcome of the war. Some astonishing figures prove that fact, over 50% of the American families moved into middle-class status. The number of salaried workers increased by 61 % and the number of†¦show more content†¦Americans were eager to spend their money on goods that had been scarce during World War II. As Stephanie Coontz put it, â€Å"the emphasis lay on producing a whole world of satisfaction, amusement, and inventiveness within the nuclear family had no precedents:† Consumerism was also evident in a pursuit of pleasure Americans spend more money on necessities and luxuries. Credit and credit cards were easier to obtain and by that expensive things were also easier to obtain. Debt rose from $5.7 million in 1945 to $56.1 billion in 1960. No other consumer good characterized the era as much as the automobile. The cars were big and powered with accessories lots of chrome and color was marketed. A General Motors designer called the strategies of that time dynamic obsolescence to encou raged Americans to see their old car as out of fashion. The number of registered cars in 1945 was 25.8 million. In 1960 it was 61.7 million. This is important for us today because consumerism is ever-present today, advertisement suggesting us what we need in order to live according to certain lifestyles we wish to adept to. A second ideology of that time is the belief that the nuclear family has to be the heart of the American society (â€Å"nuclear Familialism†) After the Second World War marriage became a â€Å"national obsession†, the age for marriage fell as low as 18 years and with that the age of motherhood also. After the womenShow MoreRelatedWorld War I Was A Global War1511 Words   |  7 PagesAdolf Hitler restored Germany s economy and became their dictator and started WWII in 1939 by invading Poland. WWII ended in 1945, and two supreme powers arose: the Soviet Union and the U.S. The Cold War soon followed and was a struggle between the two superpowers and was also about communism. 1940 s July 17, 1945: Potsdam Conference begins in Germany Leaders from the the Soviet Union, Britain and U.S. meet is Potsdam, Germany. Harry S. Truman represented the U.S., Clement Attlee was the mainRead More1950s Happy Days Essay1157 Words   |  5 Pages5-1-12 The 1950’s (Happy Days) The 1950’s were called the â€Å"Happy Days† for multiple reasons. We were finished with a huge war, and our economy was booming. Social, political and economic policies were popping up everywhere. Many things define why the 1950’s were the â€Å"Happy Days† in the U.S. Whether it was the end of the Korean War for the U.S. or the economic boom that helped define what we call the â€Å"American Dream† the 1950’s were great times for America. During the 1950’ many public andRead MoreWorld War I And The United States1353 Words   |  6 Pageseconomic country in the world. In the 1950’s it had become a reality and the United States not only had a strong military but a strong economy. World War II was a staple for why the economy was up with the war going on money was needed to get the war products like planes, tanks, bullets, guns, and many other things. Also with the war going on it meant that more jobs were needed and it benefited the economy in the 50’s. When the economy was going well in the 50’s things like foods, cars, and housesRead MoreWomen And Employment Is Unfair1556 Words   |  7 Pagesimproving our workplace not for just men but women too. Women in the early 1900s didn’t get a chance to broaden their horizon when it came to working because all they had knowledge of was to find a husband, be a housewife, and be a mother. In the 1920’s the time of the Great Depression where the economic crisis and period of low business activity began in October 1929 through the 1930’s.Around this time period women started to evolve and gain employment with the men but still not making as much as theRead MoreThe 1950s and 1960s: A Time of Great Changes Shaping the America We Have Today1006 Words   |  5 PagesWhen most people think of the 1950’s or 1960’s, they think of Elvis, Greasers, jukeboxes, Woodstock, and rainbow peace signs and hippie love. Although these symbols are somewhat accurate (and very popular), not many people think about the changes society and culture went through. The 1950’s and 60’s were a time of great change and freedom for many Americans. Everything from Worl d War II, to the gay liberation movement, to the Civil Rights Act of 1964 helped to change society. Many of the viewsRead MoreThe Post World War II1128 Words   |  5 PagesAfter World War II ended in 1945, many significant changes to American society began to occur. Some of these major changes helped shape what the U.S. is today and include the Baby boom, mass suburbanization, and mass consumerism. The Post-World War II era is defined by these changes in U.S history and culture. In this Post-World War II era, social conformity became the most ideal way of life. Every citizen wanted the same thing, this is known as the American Dream. The American Dream consistRead MoreU.s. Trade And Economy1293 Words   |  6 PagesStates was a net importer merchandise, however in 1940s the United States rose up out of the war as a net exporter, In late 1940s the industrial capacity in Europe and Japan was to a great extent annihilated and US was delivering more than 60% of world s yield of manufacturers. Along these lines US was a net exporter of manufactured products of all sorts. In 1947 US exported a surplus of $1 billion. At the point when the industrial limit was revamped in Europe and Japan, the surplus shrank reliablyRead MoreCauses Of The Cold War1388 Words   |  6 PagesSoviet Union. In the U.S. system of democracy and capitalism, citizens elect their political leaders and are free to buy and sell products in an open market. However, in the Soviet Communist system, the leaders of the Communist party chose the nation s leaders, and government officials decide what products are available to buy. Another reason for the outbreak of the Cold War was the disagreement over the future of Europe after World War II. The administration of President Harry S. Truman wanted strongRead MoreHispanic Immigration And The United States850 Words   |  4 PagesHispanic immigration to the United States stems primarily from uniquely developed push-pull migration mechanisms in which â€Å"interplay of national, regional, and global economic developments, the history of U.S. military and foreign policy in the Western Hemisphere, the checkered history of international border enforcement and interdiction efforts, and, not least, the aspirations of Latin American migrants and potential migrants themselves† (Gutierrez). In other words, migration from Latin AmericanRead MoreHow the Korean War Impacted Americas Society805 Words   |  3 Pagescountry’s civil war? As a part of the Cold War, the Korean War had started when North Korea invaded South Korea. Lasting from June 25, 1950 to Ju ly 27, 1953, the country of Korea, to this day, has failed to unify. Because the United States underestimated the war, most Americans barely acknowledged it. However, the Korean War changed the way Americans viewed life during the 1950s by opening doors to social advancement, impacting the economy, and preparing Americans for future conflicts. A major effect

The Workout That Helps High School Basketball Players

The workout that has been provided is an essential workout that applies to high school basketball players getting in shape for their upcoming season. Conditioning is needed for basketball players to be able to withstand their abilities over the course of a game and allow the athletes to make good decisions when tired. For these reasons, the last activity of making the athletes perform in regular basketball activities after their workout will stress the athletes to make good decisions even when they are exhausted, simulating how it will be in a late game situation during the season. This workout, as all workouts do, will apply to the many principles of fitness training. It applies to the principle of overload which is the principle of gaining more improvements by increasing the workload placed on the body. This is easily applied by the workout being flexible enough that when it becomes too easy for the athlete, they have the ability to increase or lengthen the repetitions of each exercise. The principle of overload also goes hand in hand with the principle of progression, allowing the conditioning athletes to push themselves a little bit harder if they feel they are up for the challenge. The principle of diminishing returns is something the conditioning athlete wants to reach which is where the athlete’s body gets to the point that it becomes less and less affected by the workout. It is so important that the athlete gets to this point because they know that their body hasShow MoreRelatedHigh School Basketball And Nba Basketball Essay1167 Words   |  5 Pagesknew copious other high school, college and NBA basketball players were exerting as much and, if not, more effort and energy in hope of making small strides in their game that would all accumulate and help be a transformed player next season. Basketball, in its purest form, is a team of players that use various plays, technique and strategies to outscore their opponent as well as to stop their opponent from scoring; however, after competitively playing basketball at the high school level and watchingRead MorePrevention And Treatment Of Injuries1228 Words   |  5 PagesTreatment of Injuries in Basketball Brian Burnett Jacksonville University Kinesiology 257 Abstract This paper focuses on the prevention and treatment of injuries in basketball. This paper explores the basic concepts of preventing injuries and the different methods to treat injuries that occur as a result of playing basketball. There are a variety of preventive measures to limit injuries at recreational, collegiate and professional levels of playing basketball. This paper willRead MoreMarketing Industry : Target Customer, And Competitor Analysis835 Words   |  4 Pagespeople around the world are attempting to follow healthier lifestyles. Online videos and on demand workout programs are becoming more common in this industry. Also circuit training, core training, boot camps, high intensity-interval training, and believe it or online personal training are all growing trends. Different Segments of Industry Athletes, such as basketball players, hire personal trainers to help get in shape for the sport. They must keep their body in specific condition to maintain physicalRead MoreMy Capstone Experience At Fort Gibson Essay1626 Words   |  7 PagesHilldale, Oktaha, Vian, and Muskogee. The sports available were: basketball, football, baseball, wrestling, and healthy day-to-day living. There were multiple trainers and they used multiple different facilities. Since Fort Gibson is somewhat small and limited on their workout resources they used: local churches, a gym located downtown, outdoor fields at the Fort, the high school track, and sometimes even do home calls. In basketball the ages of the day were eleven to fourteen. The athletes startedRead MoreBasketball Is More Than Just A Sport1378 Words   |  6 PagesDaniel Cooper AP English Mr. Cohen 9-24-14 Senior Project Basketball is more than just a sport Dwayne Wade was born January 17, 1982 in Chicago, Illinois. Most people see Wade as just an NBA star who has a lot of money, but most people don’t know the full story of what he has been through in his life and how he got to the NBA. When Wade was born, his parents separated a short while after and custody was given to his mother. Then because of the crime in Chicago andRead MoreThunder Games Impact Oklahoma City Essay778 Words   |  4 PagesThe Oklahomans have always been looking for a high profile team to represent basketball in their state, the Thunder organization has accomplished more than you can imagine by helping this city become what it is today. Today Oklahoma City has many fans that go to Thunder games and cheer on as they are kept at their toes in suspense for the next highlight reel. The Thunder has impacted Oklahoma City in many ways including, economy improvement, business profits, and promotes our entire state. TheRead MoreCoaching Track Essay1133 Words   |  5 Pagesathlete. Then they need to find out what type of runner the athlete is. That way they can design a workout program that will prove to be the most effective with that person. Every athlete is different, so that would require a workout to fit that type of person. A coach could be training two athletes in the same event, but they would be doing different things. When asked why don’t they do the same workouts, he said, â€Å"You guys are different runners, he might need to work on the speed aspect of runningRead MoreShould College Sports Be Paid?1732 Words   |  7 Pagesthe tournament, let alone winning the championship, does the impossible and wins the NCAA Division 1 championship. Despite NC State being a smaller school compared to the big basketball powerhouses like Virginia, UNC, Houston and many others, they had players work and will their way to the finish line. If players were paid, you wouldn’t se e players like Michael Jordan, Hakeem Olajuwon, or Ralph Sampson on different teams. It would be the college with the most money, could pay the best student-athletesRead MorePersonal Interest And Belief Someone Has On Students And Create Contexts That Support Your Students Citizenship Essay1729 Words   |  7 Pagesall of my teachers and coaches I had growing up, one comes to my mind right away. This person that demonstrated local understanding was my coach. He first became my coach in the fourth grade when I joined AAU basketball. He put together a team of players who were serious about basketball and wanted some harder competition from other towns. I was lucky enough that I got asked to be on the team. We had practice every Sunday, and we’d have tournaments about every other Saturday during the winter seasonRead MoreGeorge Boakye-Yiadom. Professor Surin. Eng-112-32 . February1130 Words   |  5 PagesShouldn’t Get Paid Many perceptions of college sports, mainly center around division one football and basketball schools and championship teams that bring in big money. Even though college athletics are the heartbeat of most universities, If the student athlete starts being paid, the whole viewpoint kids will have on college sports will change forever. Though sports terms are essential to schools, College athletes will look at college as a job and not what is supposed to be, which is a place for learning

Visa, Inc.(Ipo Paper) by Didier Buka - 2055 Words

IPO Paper Visa Inc. (VN) operates the world’s largest retail electronic payments network and manages the world’s most recognized global financial services brand. Visa has more branded credit and debit cards in circulation, more transactions and greater total volume than any of their competitors. They facilitate global commerce through the transfer of value and information among financial institutions, merchants, consumers, businesses and government entities. They provide financial institutions, their primary customers, with product platforms encompassing consumer credit, debit, prepaid and commercial payments. Visa Net, their secure, centralized, global processing platform, enables them to provide financial institutions and†¦show more content†¦Class A common stock is being offered to the public pursuant to this prospectus. Class B common stock is held by financial institution customers that are members of Visa U.S.A. Class C (series I) common stock is held b y financial institution customers that are associated with Visa Canada and their AP, LAC and CEMEA regions. Class C (series II, III and IV) common stock is held by Visa Europe. However, an investment in their class A common stock involves a high degree of risk. You should carefully consider each of the following risk factors and all other information set forth in this prospectus before investing in their class A common stock. Any of the following risks, if realized, could materially and adversely affect their revenues, operating results, profitability, financial condition, prospects for future growth and overall business. In that case, the trading price of their class A common stock could decline and you could lose all or part of their investment. Giving pro forma effect to the transactions described above and the October 2008 redemption and subsequent conversion as if each occurred promptly following the closing of this offering, the number of shares outstanding and the number of shares of class A common

Media, Violence, And Violence Essay - 1892 Words

Violent crime statistics are continually increasing over time, and there are a wide variety of factors that contribute to this. One influencing factor would be the media. Media and violence are both very wide and broad concepts that have massive impacts in our society, and it is important to distinguish their relationship with each other. The types of media are things such as violent video games, films, newspapers, magazines and television. One particular type of media that is often very problematized is violent video games. Different studies have shown convincing and unconvincing correlational in regards to the media and violence, but to whom do we believe? The media, especially in today’s modern society surrounds us all the time. It affects our daily lives and has become part of our everyday routines, which is why it has such a huge impact on us, and violent media is everywhere. It is known that by the time we get to our eighteenth birthday, we will have seen and witnessed about 200,000 violent acts and about 16,000 murders (Media Education Foundation, 2005). There have been ongoing controversial debates as to whether violent media exposure contributes to violent and aggressive behaviours and whether one is caused by the other. Violence includes, but is not limited to things such as murder, assault, homicide, shootings, property offence, rape and assault. The mainstream and popular notion has been that violent video games make people more aggressive and desensitized toShow MoreRelatedMedia, Violence, And Violence Essay1949 Words   |  8 Pageswould be the media. Media and violence are both very wide and broad concepts that hav e massive impacts in our society, and it is important to distinguish their relationship with each other. The types of media are things such as violent video games, films, newspapers, magazines and television. One particular type of media that is often very problematized is violent video games. Different studies have shown convincing and unconvincing correlational in regards to the media and violence, but to whomRead MoreMedia Violence and Violence in Society1059 Words   |  4 Pagesprogramming contains some violence, there should be more and more violent crime after television is available† (Freedman). Many suggest the violence in media is causing violence in society but then how is it that violent crimes are actually decreasing in the United States. The violence that is occurring is actually due from the mentally ill, poor parenting, and the location of where one lives in society. Violence has actually decreased over the decades even though media has more violence than ever beforeRead MoreMedia Violence1535 Words   |  7 Pagesat looking at the potentially harmful effects of the consumption of violent media and the impact it has on psychological factors. Two psychological factors that have been researched are empathy and aggression and how violent media influences these two emotions. Theories that have tried explaining the pathway from the viewing of violence in media and the impact on aggression have generally focused on the role of violent media being used by consumers as observational learning and promoting the developmentRead MoreMedia Violence And The Media Essay864 Words   |  4 PagesExposure to the media violence may be especially problematic in late adolescence. Television and other media play a major role in adolescent socialization and identity development by providing perspectives, values, ideologies, and behavior models (Arnett G., Roberts D. et al.). The socializing role of television in particular may be ampliï ¬ ed by the large amount of time young people spend with this medium. Speciï ¬ cally, 18- to 24-year-olds spend more time watching television and movies than youngerRead MoreThe Effects Of Media Violence On Behavioral Violence916 Words   |  4 PagesEffects of Media Violence on Behavioral Violence in Young Adults in America The influence of mass media has progressively increased in American society, but can the media have effects beyond mere entertainment and impartial information? American culture has become saturated with online news reports, social media, and media entertainment. Technology has become a major factor in America’s social environment. Much of the information gained from digital sources involves or portrays violence, and manyRead MoreMedia Violence And Its Effects1057 Words   |  5 Pages Media violence exposure has been investigated as a risk factor for aggression behavior for years. The impact of exposure to violence in the media the long term development and short term development of aggressive behavior has been documented. Aggression is caused by several factors, of which media violence is one. Research investigating the effects of media violence in conjunction with other predictors of aggression such as; environmental factors and dysfunction within the family household,Read MoreMedia Violence Essay1320 Words   |  6 PagesMedia Violence Media violence is one of the most debated public issues society faces today. Television screens are loaded with the glamorization of weapon carrying. Violence constitute as amusing and trivialized. Needless portrayals of interpersonal violence spread across the television screens like wild fire. Televisions spew the disturbing events such as children being assaulted, husbands inflicting domestic abuse on their wives and children succumbing to abuse by their parents. Scenes of betrayalRead MoreViolence in the Media Essay1418 Words   |  6 PagesViolence in the Media In today’s world, there is an endless amount of information available to people everywhere around the globe. Mass media is definitely shaping our world, whether it is in a positive way or a negative way. Television and the radio waves provide us with hours of entertainment. The emergence of the Internet allows us to access thousands of pages of information within the reach our very own fingertips. But with the convenience of all this information comes along a certain levelRead MoreThe Effects Of Violence On The Media1550 Words   |  7 PagesThe effect of violence in the media is a big controversy; some say it affects are society and others say that there is not any proof of this. There are many theories on how violence in media does, and how it does not, affect our society. Many people claim watching television or even playing video games will affect children’s or young adults’ minds. Researches claim that they found no evidence of change in aggressiveness in children or young adults while playing video games. Researchers allowed childrenRead More Media Violence Essay1684 Words   |  7 Pageswhether it is right for their child to have access to this sort of violence: the kind found in most video games, television shows, and movies all over the world. But honestly, does it make a difference in the child’s development as a productive member of society, and if so, can a parent really do anything about it? These are the questions that researchers of the subject hope to answer conclusively In order to understand how media violence has an effect on children, different variables must first be examined

Nursing Health Care Providers and Patients

Question: What tensions do you think you might experience arising from the differing worldviews of administrators, health care providers, and patients? Answer: Difference in the perception of the different group and individuals caused various conflicts in taking decision concerning the health. Highlighting the perception of the healthcare providers, patients and administrators, there view upon the health is totally different. In analyzing the differing worldviews of administrators, it is seen that the pressure arises upon the healthcare providers and the patients as well (Ness, 2013). The administrators are duly responsible for taking the charge of the healthcare support for the patient/s and at the same time, they are also responsible for availing the health care providers for the patients in the hospital or at residence. While observing the administrators, it is also noticed about the preference provided to the type of health cases they manage and priority given to the emergency cases by the managers of the hospital. At this moment, the pressure is all upon the authority for assessing the importance of the health care services provided to the patients. The healthcare providers are responsible after the authority is delegated to them by the administrators (Dettenkofer, 2013). As seen there is a vast differences between the views of individuals upon the common situation, it shall result in the differences of their service providing style. In some of the cases, these differences also become the reason for the conflict between the administrators and healthcare providers. While observing the patients who are availing the services also become the sufferers of this different views and conflicts of the administrators and health care providers (Office, 2015). References List Dettenkofer, M. (2013). Healthcare environment decontamination. Healthcare Infection, 18(1), 47. doi:10.1071/hi13005 Ness, D. (2013). Healthcare: Serving the Patient. Healthcare, 1(3-4), 58. doi:10.1016/j.hjdsi.2013.07.009 Office, H. (2015). Acknowledgement to Reviewers of Healthcare in 2014. Healthcare, 3(1), 1-2. doi:10.3390/healthcare3010001

Assess the Validity of Dworkin’s Criticisms Towards Positivism free essay sample

DworkinCritically assess the validity of Dworkin’s criticisms towards positivism and whether natural law theory may itself be disputed. â€Å"Positivism is a model of and for a system of rules, and its central notion of a single fundamental test for law forces us to miss the important standards that are rules. † explains Dworkin on his attack on positivism. It is argued, by Dworkin, that both legal positivism and natural law theories are in reality searching for an answer to the question ‘what is law? A  fundamental question and challenge towards the debate and critique of the natural lawyer and positivist. However Dworkin directs towards another issue, a more specific question of understanding law, gained by asking ‘how do judges find the law’2. This directs attention towards ‘hard cases’3, a theory provided by legal positivism. It is explained by Dworkin that judges make use of standards that do not function as a system of rules, as opposed to what Hart would argue, but operate differently as other sorts of standards4. Hart, a positivist theorist, would argue that in the majority of cases rules will be clear, however, at some point, they will become indeterminate and unclear5. This is because they have what Hart calls, an ‘open texture’, and a defect inherent in Dworkin, R. (1997) Taking Rights Seriously, London: Duckworth. At p22 Morrison, W. (1997) Jurisprudence: from the Greeks to Post-Modernism, London: Cavendish. At p422 3 A concept where the law seems to run out, they arise where it is not clear what the legal answer is, or where by the existing rules of law provide no answer. Riddall, J. He distinguishes between these two to explain that policies attempt to ‘secure the community goal’ where as principles ‘justify political decisions’ by showing that the decision respects or secures some individual or group right. 8 This goal is set out to generally improve the community. 9 In nature principles, unlike Harts rules, can be applied or not applied without affecting there existence, a court will draw on these standards in order to reach a decision on the ‘hard case’10. With this submission, it is in disrepute with Hart’s notion of the ‘Rule of Recognition’. For instance, officials in Nazi Germany obeyed Hitler’s commands as law, only out of fear. Dworkin compares both Harts and John Austin’s11 theory to say that there would be no difference between a group of people accepting a rule of recognition and simply falling into a self-conscious pattern of obedience out of fear12. Dworkin continues to explain that if acceptance requires more than obedience, then there was no law in Nazi Germany. He thus believes that it is inadequate, notably as Ibid Lectures in Jurisprudence (ed. Cambell), p. 219; post, 1421, quoted in Freeman, M. D. A. Lloyd’s Introduction to Jurisprudence, 7th ed. , London: Sweet Maxwell. At p1390 8 Supra, n , no1 at p82 9 Riddall, J. G. (1999) Jurisprudence, 2nd ed. , London: Butterworths. at p101 10 Wacks, R. (1999) Jurisprudence, 5th ed. , London: Blackstones Press. At p120 11 A theory that a proposition of law is true within a particular political society if it correctly reports the past command of the sovereign power. 12 Dworkin, R. (1986) Law’s Empire, Oxford: Hart Publishing. At p35 7 6 Page 2 of 13 20325011 there is no rule of recognition that distinguishes between legal and moral principles. Therefore Hart’s theory does not capture how lawyers find law and therefore lacks a justificatory force. 14 It is explained, furthermore, that if two rules conflict, both cannot survive one must be incorrect. Principles are different; they do not apply to all or nothing but apply together as they have weight, thus balances for the person’s rights15. It is important to note that the word ‘principle’ is not used in the sense that it requires compliance with a standard regardless of the consequences16, Dworkin uses it to mean ‘propositions that describe rights’17. His challenge continues; the idea to separate law and morality is incorrect, not so far that law should be based purely on morality18. For instance, the infamous case of Donoghue v Stevenson19, the biblical ‘principle’ not to harm your neighbour effectively becomes a legal principle, therefore morality is inherent in law. Lord Atkin has constructively developed a principle, the neighbour principle, to be applied in future arising situations20. Furthermore, the case of Riggs v Palmer21 forms the basis of Dworkins illustration on how legal principles work where the judges ‘found’ and applied an equitable principle Dworkin argues that this decision demonstrates that in addition to rules, the law includes principles23. The answer was already inherent in society, a substantial belief by Dworkin, that there is a right answer to every legal question, thus not acting retrospectively opposed to what Hart believed that there is no law covering a particular gap or situation24. According to Dworkin, there in fact lie principles. Hart would state that judges must use there discretion in deciding whether a particular case comes within a rule or not, by way of statutory interpretation25. Hart continues to explain that there is no possibility of treating the question raised by the various cases as if there were only one right answer, a solid belief by Dworkin that there is a right answer26. However, Dworkin argues against this approach which allows for a judge to make a policy decision not based on law in ‘hard cases’. He argues that by Hart seeing law soles based on a system of rules; he fails to take account of general principles27. In contrast, Dworkin challenges that the judge does not revert to a policy and act as a law maker; instead the judge applies legal principles to bring about a correct right answer based on law. Dworkins’ article, Hard Cases, continues to say that judges must apply a principle of, what he calls ‘articulate consistency’ in determining the applicability of statutes and Doherty, M. (2005) Jurisprudence Textbook: the Philosophy of Law, 4th ed. , London: Old Bailey Press. At p228 23 Wacks, R. (1999) Jurisprudence, 5th ed. , London: Blackstones Press. At p123 24 Supra, n , no 10 at p228 25 Supra, n , no5 . At p158 26 The concept of Law, at p132 quoted in Freeman, M. D. A. (2001) Lloyd’s Introduction to Jurisprudence, 7th ed. , London: Sweet Maxwell. He uses the word ‘consistency’ to refer to the application of the principle relied upon, not the application of the rule. There was no rule in Riggs v Palmer30, only a principle that a person should not benefit from their crime31. Besides Dworkin sees the law as a seamless web in which there is always a uniquely right answer and strongly rejects Hart’s view that there are ‘penumbral areas of doubt’ within which a judge can exercise free discretion32. This is opposed to Dworkins’ strong belief that judges do not have a wide discretion when the rules seem to run out33. This directs attention towards the fictional judge developed by Dworkin, Hercules J. He is a judge with superhuman skill, learning, patience and acumen34 used to illustrate an idealistic process, fundamentally essential to his construction35. This judge is expected to construct a scheme of abstract and concrete principles that provides a coherent justification for all common law precedents and is intended to point the way to the correct legal answer36. He will decide on a theory of law which best coheres with his community. Arguably, for that reason, Hercules is deciding cases in the light of what already exists. Dworkin says that we can assume that Hercules accepts most of the settled rules of his jurisdiction, laying down the characteristics of law. 37 Supra, n , no 2 at p426 (1889) 22 NE 188 31 Supra, n , no 1 at p88 32 Supra, n , no 10 at p225 33 Waldron, J. (2009) ‘Refining the question about judges’ moral capacity’. International Journal of Constitutional Law. 69-82 34 Supra, n , no 1 at p105 and Freeman, M. D. A. (2001) Lloyd’s Introduction to Jurisprudence, 7th ed. However, Hercules is criticised on the grounds that he is a mythical being, no judge can behave in this Utopian style40, thus perhaps lacking ecological validity41. Some have gone so far as to label him a fraud, an assumption that he has discovered the right answer to a hard case, arrogantly assuming his conception of the law is correct. 42 However in Laws Empire, based on theoretical disagreements in law, Dworkin responds explaining that Hercules does not pretend that he has found the ‘right’ answer but he has only discovered what it should be, a significant difference to his terminology43. This then brings light to Dworkins’ ‘one right answer’ theory, which must not be assumed by this rather assumptive statement. As already briefly explored, it is the proposition that there is only one single uniquely ‘right’ answer to all legal questions44. He agrees that through judicial precedent, judges agree that earlier decisions have a particular gravitational force45. A judge will rarely have the independence to be inconsistent with this notion by the fact that they acknowledge that they are bound by a hierarchy of previous judicial decisions46. When a judge Supra, n , no 9 At p94 Ibid at p94 40 Supra, n , no17 . At p131. The term Utopian is a name for an ideal community or society. 41 A psychological term relating to the applicability of a matter to ‘real’ life. 42 Ibid commenting on that the theory travels badly. 43 Dworkin, R. (1986) Law’s Empire, Oxford: Hart Publishing. At p261 44 Sadurski, W. (2009) ‘Rights and moral reasoning: an unstated assumption a comment on Jeremy Waldrons Judges as moral reasoners’. International Journal of Constitutional Law. 25-42 45 Supra, n , no5 . At p167 46 Ibid at p168 39 38 Page 6 of 13 20325011 defines this precedent, only the arguments of principle are taken  into account to justify that principle47. Furthermore, in the light of this point, Dworkin continues his argument with the analogy of a chess game; perhaps not the most enthused of illustrations. In the course of the game one player is significantly distracted by the other player (named Tal) persistently smiling. Though this act may not be in breach of the ‘chess rule book’, Dworkin would argue that on an analysis of what the game of chess essentially entails, similar to how a judge should decide a hard case; psychological intimidation would have been deemed against the nature of the game48. The referee ought to find the one answer that best fits with the general practice of chess. Additionally, leading to another of Dworkins’ challenges, the rule already existing prior to the game, it does not act retrospectively. This term retrospection relates to that in hard cases judges have discretion to decide the outcome, making new law, consequently it acts retrospectively, and a defect in Dworkins’ conventionalist view of law49. However in the light of Dworkins’ view, a party claiming injustice through retrospection is in fact bound by a law that was already available to anyone, if sought in the proper way. The decision merely gave effect to this existential law. 50 It must now be considered where Dworkin himself fits in with either positivism or natural law. Officially, he is contemporary legal positivism’s harshest critic. It is verified from the above analysis and chapter one in Laws Empire that he is not a 47 48 Supra, n , no13 . At p28 Supra, n , no 17 at p125 49 Supra, n , no 19 at p99 50 Supra, n , no 9 at p107 Page 7 of 13 20325011 positivist in the sense that where the law seems to run out, the judge creates a new fitting law, termed as conventionalism, a strong rejection by Dworkin51. His connection with the ‘right answer theory’ may be said to tie with morality, if the right answer is the best fit, it is the best morally fit answer, it would not be the best fit answer, if it was immoral thus coinciding with natural law52. Like Fuller, Dworkin accepts that moral reasoning in an integral part of legal reasoning therefore morality is part of the law, though in Dworkins’ view it is not necessarily connected. Both theories argue that lawyers follow criteria that are not entirely factual but to some extent moral for deciding what propositions of law are true53. Continuing this exploration, Dworkin believes that the law and adjudication ought to comply with certain standards, notably those embodied in the phrase ‘Law as Integrity’, one of the three rival theories of law which Dworkin constructs and challenges54, again he seems to lean more towards natural law. However, Dworkin makes his position clear that he does not believe in higher principles above and outside the law, as an everlasting sovereign power. Instead he believes that justice has a merit in its own right. 55 On this basis Dworkin believes that adjudication ought to operate in compliance with the standards, and in his view not to the principles of God but to what is right. He does not link morality with the validity of law, this does not concern him. Thus he may rather be placed as a jurist who explores the nature of both illustrating an ideal Supra, n , no6 at p109 Simmonds, N. (2008) ‘Law as a Moral Idea’. Edinburgh Law Review. 150-153 53 Supra, n , no12 at p37 54 Freeman, M. D. A. (2001) Lloyd’s Introduction to Jurisprudence, 7th ed. He has merely shown that a sensible account of law would have a place for principles as well as rules57. This leads to further analysis, focussing now to the theory of ‘Law as Integrity’, a theory showing our legal practice at its best light58. Dworkin, though his term remains illusive, claims that it offers a plan for adjudication which points judges to use ‘integrity’ as a method for deciding cases. The theory explains that propositions of law are true if they follow the principles of justice, fairness and ‘procedural due process’ which provide the best constructive interpretation of the community’s legal practice59. As already seen Hercules acts with integrity and may be said to be a constructive interpreter of the laws written before him60. Integrity insists that legal claims are interpretive judgements and consequently rejects the question whether judges find or invent law61. This method essentially would instruct a judge to identify legal rights and duties, on an assumption that they are created by one author representing a community expressing a ‘coherent conception of justice and fairness’62. Dworkin argues that with this one author or separate entity, the judges can assume that the law is structured on coherent principles63. The judge, following integrity, would look for a principle that, according to Dworkin, ‘fits and justifies’64 a complex part of the legal practice. This, Supra, n , no 9 At p110 Supra, n , no 1 At p58 58 Supra, n , no 34 At p1396 59 Doherty, M. Therefore a society adopts integrity in order to justify its moral authority to assume and organise control of coercive force66. However positivism does not require judges to justify their decisions. In this way, positivism does not consider the law as being separate and independent. Instead the positivist would see the law as comprising a set of ‘discrete’ decisions, enabling a judge to exercise his discretion to amend it, contrary to what Dworkin argues67. Dworkin explains that the consistency that would be provided from integrity would entitle people to a coherent and ethical extension of past decisions. Positivism would deny this on the basis that it denies consistency in principle as a judicial virtue for ambiguous statutes and unclear precedents to try to achieve consistency68, a point which is emphasised by Hercules. Furthermore Dworkin believes that an adoption of an approach, whereby a judge ‘ought’ to operate in the society Dworkin thinks ‘ought’ to exist70, would protect against prejudice, dishonesty, and corruption whilst promoting participation in democracy71. However not all judges will come to the same conclusion. Even though they were seeking the correct answer, many may find a different route and therefore end in a different place. Concluding, Dworkin is the leading critic of positivism, and in particular, Harts own version of it. Dworkin believes that the law never runs out and that the answer is always there readily available if the matter is sought properly. He disagrees with Hart as he insists that at the point of where the law is incomplete, judges must use their discretion to reach a solution, a new law to fill in that gap75. His right answer theory attacks this largely on the basis that there are standards other than rules operative in our society. He challenges natural law as a particularly unpersuasive theory, an extreme theory that insists that law is dependant on morality and identical to justice76, as explored in this essay, Dworkin differs as he does not link morality with the validity of law. He is unconvinced with an everlasting sovereign and believes that justice has a merit in its own right. He is not a natural lawyer nor a positivist but rather a jurist, challenging and illustrating an ideal form for this process of adjudication77. â€Å"That is†¦what law is for us: for the people we want to be and the community we aim to have. Lloyd’s Introduction to Jurisprudence, 7th ed. , London: Sweet Maxwell. McCoubrey, H. White, N. D. (1999) Textbook on Jurisprudence, 3rd ed. , London Blackstone Press. Morrison, W. (1997) Jurisprudence: from the Greeks to Post-Modernism, London: Cavendish. Riddall, J. G. (1999) Jurisprudence, 2nd ed. , London: Butterworths. Wacks, R. (1999) Jurisprudence, 5th ed. , London: Blackstones Press. Journals Lester, A. (1993) ‘English Judges as Law Makers’ Public law 269-290 MacCormick, N (2008) ‘Our Knowledge of the Law: Objectivity and Practice in Legal Theory’ Edinburgh Law Review 150-153 Patterson, D. Dworkin on the semantics of legal and political concepts’ Oxford Journal of Legal Studies. 545-557 Sadurski, W. (2009) ‘Rights and moral reasoning: an unstated assumption a comment on Jeremy Waldrons Judges as moral reasoners’. International Journal of Constitutional Law. 25-42 Seims, M, M. (2008) ‘Legal originality’. Oxford Journal of Legal Studies. 147-164 Simmonds, N. (2008) ‘Law as a Moral Idea’.