Thursday, October 31, 2019
EVIL Essay Example | Topics and Well Written Essays - 2000 words - 1
EVIL - Essay Example Therefore, even the ideal moral judge like God has to draw arbitrary line even when deciding on the number of evil things he would allow; therefore, the vague line guarantees that some evils in the world are gratuitous (Sullivan 398-402). Inwagenââ¬â¢s strategy and enlightenments to the evil problem are very significant in enhancing peopleââ¬â¢s understanding, and rather than giving an entirely critical response, he offers contributions and then explains their significance. Inwagen condemns the normal taxonomy regarding the problem of evil and provides a substitute all of which are important (Ã
ukasiewicz 448-450). The disadvantage that Inwagen points out includes analytic philosophers haste in categorizing the argument from evil into two, which involves the logical argument and evidential argument from evil. The logical problem from evil purports to indicate that the existence of both God and evil is logically impossible; nevertheless, defenders of evidential argument from e vil grant that the existence of both God and evil to be possible (Van 8). However, Inwagen insists it is unlikely that God exists given the extent as well as the degree of evil observed; hence, he notes that logical as well as evidential distinction are only but relics of history. Furthermore, Inwagen points out historical differences that usually encourage theists to consider sufficient response concerning argument from evil (Shabo 107-110). Instead of the conventional classifications, Inwagen provides an alternative way of classifying all arguments from evil with their scope of evil that is given as evidence against Godââ¬â¢s existence. Inwagenââ¬â¢s global argument from evil posits that if God existed, then the world would never have evil; however, the world has vast amount of evil, which points out that God never exists. On the other hand, Inwagenââ¬â¢s local argument from evil posits that if God were there, then the world would never have particular evil; however, the world
Tuesday, October 29, 2019
Nursing - Nursing Leadership Essay Example | Topics and Well Written Essays - 750 words
Nursing - Nursing Leadership - Essay Example Quality service is tantamount to efficiency and satisfaction of patients. Patients have to be satisfied not just on their healing progress but specifically on how they are handled on the process. Nurses are the ones exposed to them in most of the time especially on administering their needs. This specific situation is clearly requiring someone else who has enough understanding about leadership process and functions. This essay discusses nursing leadership in general. Leadership in service Service is a crucial part of the role nurses have on their patients. Medical practitioners or staffs are expected to provide quality service as possible in order to address the current needs of the patients. Nurses today are expected to be the frontline leaders in the medical care because they are the immediate helpers who can provide the needs of patients anytime. As long as patients are provided with the best medical care, nurses are expected to essentially provide what they are expected to showca se in their service. Nurses have to be imparted with the vision of standard quality service. This makes them create certain things on their part in order to achieve the vision. This specific task requires essentially the concept of leadership because of the idea of imparting the vision through the quality of service that is to be required. On the other hand, competition is everywhere and patients are sophisticated that they want the best out of what they pay. This can only be met by providing them the best service as possible. Nurses, doctors and other related health practitioners are exposed to providing the kind of service that patients expect. Thus, they have to be well trained in every aspect about how to provide not just better, but quality and satisfying service. This definitely encompasses quality work environment, implementation of new models of care, and health and wellbeing of nursing workforce (Wong et al., 2010). Leadership in research Nursing requires research because n urses need to be updated with information on how to address the current need of the society. As technology improves day by day, the health and medical industry is expected to provide the best service as possible. This specifically calls for each medical practitioner or staff to be highly informed with the latest innovation in technology. This primarily requires special attention. In fact, various researches are regarding productivity and efficiency of nurses with respect to the advancement of technology. Furthermore, nurses are expected to provide the best ideas as possible that could help improve the entire service. This has to be integrated with the latest innovation in technology plus the extra know-how. It requires both skills and knowledge in order to achieve the best possible result. On the other hand, nurses nowadays are required to adapt evidence-based practice information as definitely essential component of nursing leadership (Staffileno & Carlson, 2010). In other words, n urses have to be the leading practitioners in discovering new ideas and other related information in line with providing the best quality and standard health care. This definitely calls them to be the leading practitioners in discovering what is essentially good for their patients and for the quality care in the health
Sunday, October 27, 2019
Emotional Intelligence Academic Achievement Motivation Among Adolescents Education Essay
Emotional Intelligence Academic Achievement Motivation Among Adolescents Education Essay The present paper is an attempt to examine relationship between emotional intelligence and academic achievement motivation. It also studies the emotional intelligence of students with high, average and low academic achievement motivation. Sample for the study includes 105 students (48 boys and 57 girls) of class XII of Patna. The data were analyzed with the help of product moment coefficients of correlation. The findings of the study reveal positive relationship between emotional intelligence and academic achievement motivation. The study also reveals that students with high, average and low academic achievement motivation differ from one another on emotional intelligence. KEYWORDS: Emotional intelligence, Academic achievement motivation. ______________________________________________________________________________ INTRODUCTION The rapid development of the era is challenging the adolescents to face the wave of globalization. Thus, the ability to control the emotions has become important for not carried away by the flow of negative and evil elements. A high emotional intelligence helps to maintain a state of harmony in oneself and finally be more self-confident in dealing with the challenges of living and learning in educational institutions. Emotional Intelligence is a cross-section of interrelated emotional and social competencies, skills and facilitators that determine how effectively we understand and express ourselves, understand others and relate with them, and cope with daily demands and pressures (Bar-On, 2006). It is that part of the human spirit which motivates us to perform, which gives us energy to demonstrate behaviours such as intentionality, persistence, creativity, impulse control, social deftness, compassion, intuition and integrity (Kapp, 2002). Lam and Kirby (2002) are of the opinion that emotional intelligence involves perceiving, understanding, and regulating emotions. High emotional intelligence can contribute to a student in the learning process (Goleman, 1996; Elias, Ubriaco, Reese et al., 1992, Svetlana, 2007). Students low on emotional intelligence may find failure more difficult to deal with, which undermines their academic motivation (Drago, 2004). Academic motivation is defined as enthusiasm for academic achievement which involves the degree to which students possess certain specific behavioural characteristics related to motivation (Hwang et al, 2002). It is the orientation to the actions which is important to compel with the perfect standards. Goc (2010) has stated the factors affecting studentsà ¢Ã ¢Ã¢â¬Å¡Ã ¬Ã ¢Ã¢â¬Å¾Ã ¢ achievement motivation as; effectiveness of the teacher, friends, the individuals attitude towards school, students perceptions about their own abilities, past experiences (positive or negative), the importance given to the students success, parents approaches towards their children and school. For many years educators, professionals and the public alike have been focusing on the intellectual achievement of individuals. In the past, perceived cognitive potential, more than any other factor has been seen as a predictor of academic achievement. It has, however, been established that despite an individual having the intellectual potential to succeed at institutions of higher education, he/she may experience difficulty dealing with emotional issues, have poor relationships, and be ineffective in his/her decision making (Goleman,1995). These observations, among others, have led to the realization that individuals from changing populations may require more than intellectual abilities to exist and thrive academically. All students experience frustration and failure to achieve their goals. They depend on the strength of fortitude to control their negative thoughts and feelings. If they are able to control emotions, they will achieve the academic goals as well (Dweck, 1996). Finnegan (1998) argued that school should help students learn the abilities underlying the emotional intelligence. This he believes could lead to achievement from formal education years of the child. Likewise, Abisamra (2000) reported that there is a positive relationship between emotional intelligence and academic achievement. He therefore canvassed for inclusion of emotional intelligence in the schoolsà ¢Ã ¢Ã¢â¬Å¡Ã ¬Ã ¢Ã¢â¬Å¾Ã ¢ curricula. Parker et al (2004) in their study found that highly successful students scored higher than the unsuccessful group on emotional intelligence. In the same vein, Low and Nelson (2004) reported that emotional intelligence skills are key factors in the academic achievement and test perfor mance of high school and college students respectively. A study conducted by Rode et al (2007) predicted that emotional intelligence was related to academic performance for two reasons. First, academic performance involves a great deal of ambiguity. Second, majority of academic work is self-directed, requiring high levels of self-management. Therefore, individuals with high emotional intelligence would perform better academically. Similarly, a study conducted on children aged 4 years found that controlling the impulses of action have shown their ability in achieving good academic and good social skills when they are in their adolescence (Shoda, Mischel, and Peake, 1990). Contribution of emotional management to academic performance was also supported by research done by MacCann et al (2011). The results suggest that better educational outcomes might be achieved by targeting skills relating to emotion management and problem-focused coping. Svetlana (2007) suggests the need to incorpor ate emotional intelligence training into secondary education curricula, due to a significant relationship between emotional intelligence and academic achievement. The intent of this study was to examine the relationship between emotional intelligence (EI) and academic achievement motivation among adolescents. Scant research exists on the relationship of emotional intelligence and academic achievement motivation in India. There are two major reasons for this. First, the emotional intelligence [EI] construct is relatively new (Mayer Salovey, 1990). Second, a century of research on general intelligence and cognitive performance has overshadowed the role of non-cognitive EI factors that may effect academic achievement. This has led to a consensus among educators that cognitive factors, like high scores on intelligence tests, predict student performance in college (Jensen, 1998). Yet, many students still fail to live up to their true potential despite their IQ or previous academic performance. Conversely, some college students with mediocre grades have managed to complete a college or university education. Both of these examples suggest that other factors, specifically non-cognitive EI factors, may be at work. In essence, the importance of emotional intelligence on academic achievement motivation has been found to be very significant. Nevertheless, and in spite of the studies reviewed, there is still a need to further investigate the relationship of emotional intelligence to academic achievement motivation most especially in country like India, where most researchers are yet to show interest in the construct. Investigations that address the interrelatedness of emotional intelligence and elements of academic achievement at institutions of higher education will strengthen the relationships between these constructs. The research findings may also support the need to incorporate emotional intelligence curriculum into college academic programs. OBJECTIVES: The objectives of the study were- 1. To study the relationship between emotional intelligence and academic achievement motivation.* 2. To study emotional intelligence of students with high, average and low academic achievement motivation.* METHODOLOGY: The sample for the present study consisted of 105 class XII students. Out of which 48 were boys and 57 were girls. Simple random sampling technique was adopted to select the sample. Academic Achievement Motivation Test of Dr. T. R. Sharma and Emotional Intelligence Inventory by Dr. S. K. Mangal and Mrs. Shubra Mangal were used as tools for the study. High, average and low groups of academic achievement motivation were formulated on the basis of the norms set by the Academic Achievement Motivation Test of Dr. T. R. Sharma. Product moment coefficients of correlation were computed for the analysis of the data. RESULTS AND DISCUSSION TABLE 1 VALUES OF COEFFICIENTS OF CORRELATION BETWEEN EMOTIONAL INTELLIGENCE AND ACADEMIC ACHIEVEMENT MOTIVATION Groups Sample Size (N) Correlation Coefficient (r) Total 105 0.275 Boys 48 0.225 Girls 57 0.344 Perusal of Table 1 shows that the values of coefficient of correlation between emotional intelligence and academic achievement motivation for total sample, boys and girls are .275, .225 and .344 respectively. It means that there is low positive correlation between emotional intelligence and academic achievement motivation among total sample and both boys and girls. It may be due to the reason that as they are better motivated to handle, manage and control their emotions, their academic achievement motivation also increases. The above finding draws support from the findings of Mahyuddin, Elias and Noordin (2009). They also found significant correlation between EQ and academic achievement motivation. However, Bissessar (2008) and Drago (2004) found no relationship between emotional intelligence and intrinsic motivation and achievement motivation respectively. * This objective was achieved with reference to total sample, boys and girls separately. TABLE 2 LEVEL WISE VALUES OF COEFFICIENTS OF CORRELATION BETWEEN EMOTIONAL INTELLIGENCE AND ACADEMIC ACHIEVEMENT MOTIVATION Groups Level of Academic Achievement Motivation Sample Size (N) Correlation Coefficient (r) Total High 25 0.320 Average 71 0.198 Low 9 -0.320 Boys High 17 0.422 Average 28 0.104 Low 3 0.127 Girls High 8 -0.012 Average 43 0.200 Low 6 -0.770 Values of coefficient correlation depicted in table 2 reveal that there is low positive correlation between emotional intelligence scores and high and average levels of academic achievement motivation i.e. (= .320 and .198 respectively). Value -0.320 depicts the negative correlation between the emotional intelligence and low level of academic achievement motivation for the total sample. In case of boys, there is positive correlation between emotional intelligence and high, average and low levels of academic achievement motivation i.e. (= .422, .104 and .127 respectively). In case of girls, there is negative correlation between emotional intelligence and high and low levels of academic achievement motivation i.e. (= -0.012 and -0.770 respectively). Average level of academic achievement motivation is positively correlated with emotional intelligence (= .200) for the selected sample of girls. CONCLUSIONS There is low positive correlation between emotional intelligence and academic achievement motivation among both boys and girls that indicates with increase in emotional intelligence, the students are academically motivated. There is low positive correlation between emotional intelligence scores and high and average levels of academic achievement motivation. Emotional intelligence is negatively correlated with low level of academic achievement motivation for the total sample. In case of boys, there is positive correlation between emotional intelligence and high, average and low levels of academic achievement motivation. High and low levels of academic achievement motivation are negatively correlated and average level of academic achievement motivation is positively correlated with emotional intelligence for the selected sample of girls. IMPLICATIONS Excellent performance in academic is the key target and goal for each student regardless of ethnic group. In order to obtain good results, apart from effective learning techniques, students should be able to recognize themselves in particular of self emotions, so that it does not become a stumbling to success. Hence the need to identify oneself, emotional intelligence should be noted not only for academic interest but also for success in life. The key to obtain success of learning is to give full attention and concentration during the process of teaching learning. High level of emotional intelligence can help calm the mind and thus to increase the absorption of information received. As a result it will contribute to their academic achievement. It is recommended that studentsà ¢Ã ¢Ã¢â¬Å¡Ã ¬Ã ¢Ã¢â¬Å¾Ã ¢ academic achievement should be enhanced with the use of emotional intelligence training. The inclusion of emotional intelligence as part of the curriculum could lead to a variety of positive personal, social and societal outcomes. Increasing emotional intelligence may not only facilitate the learning process and improve career choice and likelihood of success, but could also enhance the probability of better personal and social adaptation in general. The educational experience would be more balanced or holistic as it would focus on educating the whole person. There could also be beneficial effects for the institutions, improving the environment in which the educational experience occurs. Students need the ability to appraise a situation correctly, react appropriately in difficult circumstances and exercise stress tolerance or display impulse control when making judgments about academic decisions. Students need activities and advising sessions that help establish proactive patterns that increase awareness about emotional intelligence. The goal is to foster skills that lead to academic success.
Friday, October 25, 2019
Minority Report: The Book vs the Movie Essay example -- compare/contr
It is a fool-proof system born to ensure absolute safetyâ⬠¦but when it crumbles, would you go against everything it stands for just to save it? This is the platform that Philip K. Dick, author of the sci-fi short story "The Minority Report" (MR), has given us. Set in a futuristic New York City, we see Police Commissioner John A. Anderton as the founder of a promising new branch of policing: Precrime, a system that uses "Precogs" (mutated and retarded oracles) to predict all future crimes. However, the system appears to backfire when Anderton himself is accused to kill a man he's never even heard of. The movie adaptation by the same name also centers on a younger Chief Anderton, a respected employee of Precrime, predicted to murder a complete stranger who he was unaware existed. Amidst scandal, betrayal, and distrust, both Andertons must run from the justice system they've worked so hard to put in place, and admit to themselves, as well as to society, that a perfect system cannot be born of imperfect humans. Though the basis of the film's plot and major conflict stayed true to the story's, many changes were made to the personalities and roles of the characters, as well as the nature and detail of the main conflict and the sub-conflicts. Dick presents our main character, Commissioner John Anderton, as the balding, pot-bellied founder of a revolutionary new crime detection system who's been showing his years for longer than he'd care to remember. In the short story, he has just acquired a new assistant, Ed Witwer, and fears being replaced by the younger man. In the beginning, Anderton is portrayed as slightly insecure about his job (to the point of near paranoia of being set-up), as well as his importance to society, though by the e... ...d. While in MR, Anderton is trying to accept the inevitability of retiring and what may be his less useful future, in the movie, much of his struggle is with his past, and the guilt he feels. His conflicts still revolve around evading Witwer and Lamar, whether to murder to prevent murder, and his own inner turmoil. Though the similarities in the most obvious conflicts, those between Anderton and Kaplan, the protagonist and antagonist, and fate remain intact, it is obvious that Philip Dick's story has been expanded upon and the main characters made to fit the "big screen". Both stories, however, address the contradictions and repercussions of trying to encourage free will and safety in an ultimately predetermined setting, the basic moral conflict of destroying what is meant to represent a utopian security, as well as the issue of trading freedom for protection.
Thursday, October 24, 2019
Cyber Law: Its Implementation in Nepal
Research Proposal on A COMPARATIVE PROPOSAL FOR TRIAL BY JURY IN NEPALI LEGAL SYSTEM Submitted to BA/LLB Programme Nepal Law Campus Faculty of Law Tribhuvan University Submitted by SauravNath Pant BA/LLB, 3rd Year Roll No. 13 Section: A March 3, 2013 1. 1 Introduction I have always been a firm believer in trial by jury. Somehow it is ingrained in me. As it is in most Englishmen. It is a lesson which has been handed down from one generation to another during the last 800 years.The trial by jury ââ¬â a tradition held dear to the British ââ¬â is a legal proceeding in which a jury either makes a decision or, makes findings of fact which are then applied by a judge. It usually comprises of 12 men. The jury system is a system developed in the Common Law, taken as its integral part which mandates that ââ¬Å"No free man shall be captured and or, imprisoned or, disseised of his freehold and or, exiled, or in any way destroyed, nor will we proceed against him by force or proceed again st him by arms, but by the lawful judgement of his peers. â⬠The Jury System can be traced back upto the Greek and the Roman era.The Greeks were succeeded by the Romans while the Roman Empire collapsed. But it is largely the British System that has embodied the Jury System and established it as a tradition of the Common Law System. King William ââ¬â the Conqueror established the Norman Dynasty in England by his conquest of England in 1066. The Jury System was introduced by a Norman King in England. One day the King was watching the justice delivery process, and noticed that a single judge could not always impart fair justice. Hence he observed that twelve laymen could give better justice than a judge.As a result he asked his advisors to compose a jury of 12 people along with a judge to settle the disputes filed at the court of law. The Magna Carta of 1215 further secured trial by jury stating that, * For a trivial offence, a free man shall be fined only in proportion to the degree of his offence, and for a serious offence correspondingly, but not so heavily as to deprive him of his livelihood. In the same way, a merchant shall be spared his merchandise, and a husbandman the implements of his husbandry, if they fall upon the mercy of a royal court.None of these fines shall be imposed except by the assessment on oath of reputable men of the neighbourhood. * Earls and barons shall be fined only by their equals, and in proportion to the gravity of their offence. * To any man whom we have deprived or dispossessed of lands, castles, liberties, or rights, without the lawful judgement of his equals, we will at once restore these. * If we have deprived or dispossessed any Welshmen of lands, liberties, or anything else in England or in Wales, without the lawful judgement of their equals, these are at once to be returned to them.A dispute on this point shall be determined in the Marches by the judgement of equals. English law shall apply to holdings of land in E ngland, Welsh law to those in Wales, and the law of the Marches to those in the Marches. The Welsh shall treat us and ours in the same way. It has already been stated that the history of Jury System covers over a period of 800 years. During that period the Jury System developed, and changed with time but never discarded. Some instances of its course of development is given below: 1. The Principle of Unanimous: This principle was established in 1367 and it lasted for 600 years until 1967.In 1967, the parliament altered it. The verdict was held valid if the majority was ten to two. 2. The jury were kept without food, heat or light once they retired to consider their verdict. The time ââ¬âhallowed formula was, ââ¬ËWithout meat, drink, fire or candleââ¬â¢ 3. Once only reasonable men (with some qualifications) were allowed to sit as juror. Now all people, men or , women, deaf or , blind, honest or, dishonest could sit as jurymen. All who are 18 years of age and are listed to th e voterââ¬â¢s list are qualified as jury men. Yes, in the past 800 years or, so the Jury System has changed a lot.So much so that Lord Denning himself considers 19th century to be the golden age of Trial by Jury. But it is not these changes that have led Lord Blackstone in his lectures in 1758 to say: ââ¬ËTrial by jury ever has been, and I trust ever will be, looked upon as the glory of the English lawâ⬠¦. It is the most transcendent privilege which any subject can enjoy, or wish for, that he cannot be affected either in his property, his liberty, or his person, but by the unanimous consent of twelve of his neighbours and equalsââ¬â¢ It is the cases decided by the Jury and the way in which one man may be convicted.A person may only be convicted if his equals (or, in the broad sense- the society) finds him to be guilty. Instances have been recorded where the Jury has upheld justice worked for the development of human rights, and even acted as an important check against t he state power. The cases will be discussed later but a special mention to the case of ââ¬Ëthe Kingââ¬â¢s Brewer and the Seven Bishopsââ¬â¢ is to be made here. The verdict of the Jury defied the powers of the king and sent the whole of the country into partying.Also the system brings forth the sense of High Drama, into the courtroom. Nevertheless, the advantages offered such as giving ordinary folks their most useful lessons in citizenship, giving the people an active and decisive part in the administration of justice and in establishment of habit of obedience in law are the very reason (along with fact of being once ruled by England or, having accepted Common Law) that has led a number of countries like America, Australia, Austria, Belgium, Canada, Greece and so on to accept the Jury System.Our good motherland, Nepal however has not accepted the Jury System everthough following a moreover mined form or, in its own way a unique form of legal system which is seen to be highl y dominated by the Common Law System. 1. 2 Statement of Problem It is a matter of fact that we find in Nepal the large dominance of the Common Law System. Moreover we can say that Nepal has accepted the Common Law System at large.The characteristic feature of the Common Law System such as precedent, the role of the judge, the role of the lawyers, the power in the judges to make the law and also the power in the judge to interpret and enlarge the scope of the law and so on are found in the Neaplese law. They do show the high influence of the Common Law system into the Nepali Legal System. But one major characteristic trait still remains to be embodied into the Nepali Legal Systems, i. e, the Jury System. The notion to forward the need of Jury system in Nepal can also be done through a little change in the consideration.In many countries of continental Europe and Japan the belief that ââ¬Ëa single judge is not a judgeââ¬â¢ has played significant role in strengthening the quality of justice, therefore they normally compose the bench of three judges even at the trial level. At the appellate level hearing by more than half a dozen judges is a common legal practice. This concept of plural adjudication has not been yet accepted in Nepal, exception to the Supreme Court and Appellate Court where normally two judges decide the case.At the trial level, till today, the case is being decided by one judge, which leads to cause imperfect justice and therefore some sort of dis-satisfaction in the people as seen in Nepal. However, here we necessarily do not need to imply that the Jury system as seen in England is necessary but we may say more definitely and positively, for example: Japanese did not follow the Jury System but accepted the idea of securing assistance from the assistant judges and study groups. Instead of Jury, the Chinese accepted the concept of People Assessors and Judicial Committees making them responsible to find the truth in the case.Even the Indian c ourts, on some ocassions, have begun to compose such study groups and accept the rule of public participation particularly in the LokAdalat. Public participation is an important aspect for the growth in the Judicial culture. Here the Jury will pay a great role to develop public confidence toward justice system. Our system in delivery in justice is incomplete and the incomplete thing could not give complete achievement. Hence, is it not reasonable for Nepal to accept the Jury System?Similarly, the research paper also looks to find the answer to whether creation public participation can cause to solve the dissatisfaction seen towards the Judicial system. In Nepal, we also have the problem of taking any concept as an end and not as a means towards an end. The research paper will also look to give solution towards how we can establish the Jury System as a means towards an end and thus find solution towards some of the existing problems in the Judiciary. It looks to give suggestion towar ds the form in which we can apply the Jury System in Nepal. 1. Hypothesis History is the past wisdom and a storehouse of knowledge. It helps to understand the past, the coming up to the present time and also predict for the future. Nepal is a lucky country as historically she is very rich. The history of Nepal seems to date back way before the time of Lord Krishna and Mahabharata. We also find the mentioning of Nepal in the Vedas. Nepal may not have the concept as known to the world by the name of Jury System. But Nepal certainly has the fundamental notion of the Jury System known to her and to the history as the Panchayat.The adjudication of dispute by the people themselves was done in the Kirat and Lichhavi period through Panchalika and Grampanchayat. This concept fundamental to our land had been lost and resurrected by King Mahendra in the 2019 B. S. constitution. So, it is not necessary as a whole to name the concept next to be introduced in the Judicial System as the Jury Syste m but we can always give the name retaining the portion of history and culture and giving it to some extent the Nepali touch. The concept can be ours and we can always borrow the wisdom of Great Britain for practical usage.Hence, basically the merging up of the system into the Judiciary will give rise to our own set of the Jury System. The 2019 B. S. Constitution had established the various level of Panchayat formally. It was taken moreover as an Administrative body than a judicial one. It had some judicial function. It will only be doing justice to the history if we are to summon once again the local people as Panchayat to participate in the justice administration as a variation of the Jury System. Similarly, while looking towards the notion through the economic standpoint, we are to look at the history of the system in Britain.Its development will certainly give solution to the problem. If we are not to accept the whole developed form and research upon the form in which we can acc ept, then and only then can we establish the Jury System to serve as a means towards an end. The system should suit the country and be accepted by taking into consideration the conditions prevalent in Nepal. The functioning of the system should also be somewhat which will suit our country. For example: we should be able to decide what to what ratio verdict will convict the accused. Similarly, the qualification should also be made taking into consideration of the people.For example: at first instance, all should be qualified but only for the small types of crime. For complex cases of fraud, expert panel should be created or, at least people who can understand should be selected. The internal functioning should be designed to meet the need. The key issue in the research will be amalgamating tradition into the jury, establishing a more need suited Jury System taking into consideration the country as a whole and also to find solution to the economic problem that may arise from accepting the Jury System.However, initially the research paper will establish the Jury System as a positive way forward. 1. 4 General and Specific Objective The objective in general of this study is to establish the need of jury system in the judicial organ of the State and establish it as a positive way forward for the country. The research paper will look to show how this time tested formula will help the people and the State as a whole. At first instance the Jury System looks to work as a check against the State power. But side-by-side it also will be educating the people.The study has the following three specific objectives: 1. To study and recommend ways by which the jury can be made economically viable. 2. To suggest the way in which the Panchayat concept and the jury system be amalgamated in order to form an Anglo-Nepal hybrid Jury System. 3. The research paper will also look to furnish the plan of action: such as the majority needed for conviction, the expertise needed to sit as a j uror in complex cases and/or, political cases, the way in which prejudices can be removed and so on. 1. 5 Rationale of StudyThe main rationale of the study is the need to analyse the Jury system ââ¬â its pros and cons, its obstacle for acceptance in Nepal and possible solutions and the format in which it is to be applied. Similarly, the research paper also looks to analyse how the acceptance will affect the Judiciary, common people and the nation as a whole. 1. 6 Limitations of Study This study is limited to comparative analysis of the pros and cons of the jury system. This study is also limited in the historical analysis of our own variation of the jury system along with economic problem and the form in which the clay is to be moulded i. . , the working analysis of the system. 1. 7 Research Methodology This study is based on doctrinal method of scientific research. Hence the research methods of field survey and primary empirical data gathering are not applied. Rather it is text ually driven. 1. 8 Organisation of Study For the purpose of conducting the study on the topic, the Seminar Paper will be divided into five chapters: * Chapter 1 deals with the introduction of the jury system and the views pertaining to the system. Chapter 2 deals with explaining the necessity of jury system in Nepal * Chapter 3 deals with Nepalââ¬â¢s own experience in history with a Nepali variation of the system * Chapter 4 deals with problems that may arise if we are to accept the system * Finally, the last Chapter 5 is the concluding chapter which looks to furnish suggestions for the way in which the jury system can be adopted and the problems be countered. 1. 9 Literature Review For the purpose of the research, I have gone through the following research works, books, constitutions and websites. 1.A research paper by Krishna Prasad Sharma Nepal on ââ¬ËRestructuring of the Judiciary in Nepal with special reference to Access to Justiceââ¬â¢. Here the author has suggested f or restructuring of the judiciary in Nepal, which my work also looks to do. He had not touched upon the issue of jury and my paper looks to do so. 2. Lord Denning, What Next in the Law, London: Butterworth and Co. (Publishers) Ltd, 1982: In this book the author had highlighted upon the jury system and its tradition. He has also mentioned some of the cases decided by jury having high national significance.He also has given the development and certain rules pertaining to the jury system. Similarly, he has given suggestions for improvement. This book is the major source from where the inspiration to write the research paper has been drawn. 3. BishalKhanal, Regeneration of Nepalese Law, Kathmandu: Bhrikuti Academic Publications, 2000: In this book the author has analysed the development of Nepali law and also has pointed out some problems which have created dissatisfaction among the people in the judiciary. 4.RevatiramanKhanal, NepalkoKanooniItihaskoRooprekha, Kathmandu: Appollo Offset Press Pvt. Ltd. ,2059 B. S. : In this book the complete history of Nepalââ¬â¢s legal system has been sketched. From this book, I have taken the fact about the historical concept of the Panchayat and come up with the idea of amalgamation into jury system. 5. Rene David, Major Legal System in the World Today, London: Stevens and Sons Ltd, 1985: In this book the various major legal systems have been analysed. This book helped me understand some of the major characters of the Common Law System. 6.Constitution of Nepal, 2019 B. S. , has also helped in the research for this is the constitution which has formally accepted the Panchayat notion though in a completely different notion in which I purpose to use it. 7. Some websites have really been helpful, most prominently the Wikipedia and also ones linking the Wikipedia with original materials used in the article. Bibliography 1. Lord Denning, What Next in the Law, London: Butterworth and Co. (Publishers) Ltd, 1982 2. Bishal Khanal, Rege neration of Nepalese Law, Kathmandu: Bhrikuti Academic Publications, 2000 3.Revatiraman Khanal, NepalkoKanooniItihaskoRooprekha, Kathmandu: Appollo Offset Press Pvt. Ltd. ,2059 B. S. 4. Rene David, Major Legal System in the World Today, London: Stevens and Sons Ltd, 1985 5. Blackstone Commentries Vol. III ââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬â [ 2 ]. Lord Denning, What Next in the Law, 1982, London: Butterworth and Co (Publishers) Ltd, p. 33. [ 3 ]. Lysander Spooner in his essay on ââ¬Å"The Trial by Juryâ⬠[ 4 ]. Samons, Loren J. (2007). The Cambridge companion to the Age of Pericles. Cambridge University Press. pp. 244, 246. ISBNà 978-0-521-80793-7. ttp://books. google. com/books? id=QAePyZ_Z1WkC&pg=PA244&lpg=PA244&dq=dikastai+501+citizens#v=onepage&q=dikastai%20501%20citizens&f=false. [ 5 ]. Acilian Law on the Right to Recovery of Property Officially Extorted, 122 B. C. http://avalon. law. y ale. edu/ancient/acilian_law. asp [ 6 ]. Rene David, Major Legal Systems in the World Today, 1985, London: Stevens and Sons Ltd, p. 311. [ 7 ]. BishalKhanal, Regeneration of Nepalese Law, 2000, Kathmandu: Bhrikuti Academic Publications, p. 35. [ 8 ]. Magna Carta of 1215 ââ¬â http://www. fordham. edu/halsall/source/magnacarta. html [ 9 ].Lord Denning, What Next in the Law, 1982, London: Butterworth and Co (Publishers) Ltd, p. 37. [ 10 ]. Ibid, p. 37. [ 11 ]. Ibid, p. 62. [ 12 ]. Commentries III, p. 379. [ 13 ]. Lord Denning, What Next in the Law, 1982, London: Butterworth and Co (Publishers) Ltd, pp. 36-52. [ 14 ]. Ibid, p. 33. [ 15 ]. America has embodied the jury system in its constitution. Their Constitution in 1971 Article VI and VII enshrined the provision as being handed down to them by the UK. [ 16 ]. BishalKhanal, Regeneration of Nepalese Law, 2000, Kathmandu: Bhrikuti Academic Publications, p. 38. [ 17 ]. Ibid, p. 38. [ 18 ].Ibid, p. 40. [ 19 ]. For example: We can see t he Parliamentary System adopted in Nepal. The exact copy that of the UK. But what we donââ¬â¢t wish to understand is that the concept of the system was rooted in 1215 with the signing of Magna Carta where we find it was accepted that ââ¬ËAll men are born free and equalââ¬â¢ and ââ¬ËNo taxation without representationââ¬â¢. But in Britain the concept gradually developed and from the Glorious Revolution the form came into as a living organism giving the Parliament the sole power. It took a span of more than 400 years. Similarly, also is the case with Political Parties.The wigs and Tories when they were formed, the King himself used to address the General Meeting and Mass Meeting during the election and ask for the people to vote for Tories who were the supporter of the King. Again one noted example will have to be Cormwellââ¬â¢s dissolution of the Upper House to kill King Charles I. Theoretically, the Upper House is a permanent body. They all show any concept is not a n end but a means towards achieving an end. [ 20 ]. It is known that Nepal at some point of time was ruled by the Gopal Dynasty who came here along with Lord Krishna. [ 21 ]. Revati Raman
Wednesday, October 23, 2019
English dream to reality
ââ¬ËI'd like to welcome y'all to the rap states battle where the best freestyles from everywhere around the world have come to compete against the best' the adrenaline rush paced his veins as the enormous, high pitched voice from the Rap Battle host announced the welcome. The crowd cheered as a shiver ran up his spine, this was the chance for Shorty to gain his respect as a known MC. Round one and up went the first contestant, up against one of the best, Nas, the challenger was practically chewed up and spat out. Now Shorty was getting weary, he began to see what would happen to him if he failed. ââ¬ËGive it up for my main man Shorty! ââ¬ËIt was now Shorty's turn, as he walked up to the stage the microphone was put to his mouth and the crowd in their thousands were shouting ââ¬Ëchoke, choke, choke' at that same moment Shorty threw back the microphone in disgust, he had ruined it all, there was no chance of him becoming a known MC around the world. It was now the champs turn, after a few long agonising minutes, the crowd roared out with cheers Shorty had been put down like a dog. It was now or never Shorty's whole rap career depended on this, he decided to have another go, again the crowd shouted ââ¬Ëchoke, choke, choke' As Shorty starred at the hating crowd the stage went quite, suddenly the silence was broken ââ¬ËBlood I aint hating on you, so why you hating on me? ââ¬Ë Shorty had words spilling out of his mouth like water running out of a tap, hope now turned into anger and anger into words, the words being expressed were very strong and passionate. After a long 30 seconds of pure MC'in the battle was over, now all Shorty could hope for was fate being on his side. Put your hands together for my man Nas! ââ¬Ë loud cheering from the crowds of thousands and thousands of people were ringing inside of the ears of Shorty. ââ¬ËNow put your hands together for Shorty! ââ¬Ë silence. ââ¬ËI know many of you have come here tonight to see young MC's being ripped apart but I am glad to say we have a new Champ, it's the one and only tongue twisting Li-ââ¬Ë The piercing sound of the fire bell was ringing inside the head of Shorty, his head was a big church bell banging side to side. Ahh,' he gave a little scream and then began to scream ââ¬ËI won' repeatedly as he came back to the light of reality from his dream. The class suddenly turned to face him, a long silence hovered over the cold, dull classroom this was soon broken by the bellowing voice of Mr Crankbrook, ââ¬ËPardon? What did you say? ââ¬Ë Here sat the greatest MCing lyricist. Shortys head went from pale and dead to a bright hot red as he had the loud voice of Mr Crankbrook's shouting spinning around his head doing circles. Shorty replied in complete confusion with a simple grunt and shrugged his broad shoulders. As the lesson progressed, Shorty's ball of anger against Mr Crankbrook for his embarrassing outbreak raged deep within him. For the remaining part of the lesson Shorty stared aimlessly at the ceiling. ââ¬ËAre you ready to die? ââ¬Ë, ââ¬ËNo, p-please gimme one mo chance' cried the tall shady man who was practically on his knobbly knees begging. ââ¬ËI gave you many chances Crankbrook, you chose to blow them back in my face! ââ¬Ë ââ¬ËShortyâ⬠¦ Nooo! standing coolly and calm, Shorty, in his ice white suit lit a cigar, seconds later he laid a long grubby finger on the trigger of his P90 Rugar, Cranbrook looked at the gun in disgust, a shot was fired, in a slow motion the 9mm bullet came out of the gun like a spitting snake and the surrounding went dead a split second after the gun shot a finger of lightening lashed out aimlessly in the dark night sky. Crankbrook who was now dying from lack of blood breathed his last breath a further eight ear splitting gun shots were fired simultaneously which drained away the screaming of Cranbrook. In a deep cold voice Shorty muttered his final words ââ¬ËWhats mines is mines, what's yours is mines, sometimes people tend to forget that' the final gunshot was fired. The atmosphere of the scene died down and Shorty dropped down on his knees as his conscience came crawling back to him, Shorty, now the most respected thugs of LA, sat on the damp grass in disbelief to what he had just done. ââ¬ËHahaâ⬠¦ Shorty you just wet yourself you just wet yourself! ââ¬Ë shouted a boy passing, ââ¬Ëwhat? Shorty replied ââ¬ËGet outta my way home boy, I want my food' exclaimed the plump, Dennis the menace look alike boy, pushing Shorty out of the lunch line. Shorty grasped his money in his hand with a firm grip and clenched his fist. The boy, a waddling pig, then squealed out, ââ¬Ëgimme your lunch money' and shorty gave up his money within seconds not considering the fact that he could say no. for the rest of the day Shorty thought about what had happened and how stupid he had acted to give up his lunch money, ââ¬ËGet out my way shouted a passenger walking by' and moments later Shorty found himself in a big puddle of murky mud. Shorty looked at the computer shop and saw the new computer hacking game for his games console he wanted for a mighty long time. ââ¬ËShorty we got someone tryin' to hack into our server, they go by the name-ââ¬Ë ââ¬ËI aint got time for this' butted Shorty ââ¬Ëbut sir' ââ¬Ëbut nothing end of discussion' Shorty took control straight away. ââ¬ËLets get down to business men' Shorty picked up a remote control and moved swiftly across the gigantic table, he clicked a button and the coughing of the room of hackers got drained away by the sound produced by the presentation. Shorty began to explain their assignment, ââ¬Ëright my fellow hackers we are going to have to act quick on this, the government of the white house are planning to get rid of peer to peeer networking and it is up to us to prevent this' a big dark haired man wearing a jet black cape like coat spurted out, ââ¬ËSir don't you think this is a bit, well way out of our league' a streak of sweat dropped slowly down Shorty's face as he snapped ââ¬ËHush, impossible is nothing' as the long hours passed the hackers became weary and tired. I've found something, I've Found something,' shouted Neo. The specifications of the governments' computers showed that they had a total of 100 firewalls, this meant the the hacking team had to act quicker. ââ¬ËUse Denial of System to hack into the main framework of the computers, I'll write a backdoor Trojan for remote access to the generic host' explained Shorty as he wiped his sweaty forehead with a hankerchief, who was working the hardest he had ever worked before. After a stressful three quarters of an hour of death defying hacking, the team finally got through the hundreds of security software that was holding the precious government documents. This was time for Shorty to shine, he began writing his backdoor Trojan after a realm of debugging and source code writing the Trojan was complete and it was time. The Trojan began to do its works. Success the intense moment broke into cheers of laughter, ââ¬Ë98% of downloading content completeâ⬠¦. as the percent downloaded gradually increased the crew became more uptight, finally 100% complete. Shorty, Neo and Morpheus the first to ever hack into the White House stood staring amongst each other. ââ¬ËKid, you aiite? ââ¬Ë asked a concerned stranger, Shorty starred ahead of him into the busy street and saw the reflection of the moon on the wet, damp road, ââ¬ËI'm fine' he replied, and then continued to gaze into the night sky.
Tuesday, October 22, 2019
The Quest Essays - Social Psychology, Identity, Free Essays
The Quest Essays - Social Psychology, Identity, Free Essays The Quest The Quest Introduction Adolescence is a period of life in which critical psychological and physiological changes occur. It is also the time when identity, a unified sense of self characterized by attitudes, beliefs, and ways of acting that are genuinely ones own (Insel, 1994), forms. The theory of Eric Erikson describes the psychological development of identity as a developmental stage in which individuals are faced with finding out who they are, what they are all about, and where they are going in life.(Santrock, 1997) During this stage, adolescents are trying to find an answer to the question Who am I? and making important life choices, such as career, intimate commitments, or morality. The identity formation period is very critical and it will affect the individual throughout the adulthood. If adolescent arrives at a positive path to follow in life, then a positive identity will be achieved; but if a positive future path is not defined, then identity confusion reigns. (Santrock, 1997) Methods I interviewed a 13 year old girl from a well educated family. The interview was done in the privacy of her house in her own room and took about 40 minutes. During the interview, the teen was asked to answer a list of questions and encouraged to use as much details as possible. Each answer was carefully recorded and evaluated. The questions I asked her targeted fundamental self aspects that build the feeling of identity. The interview examined the following aspects: role experimentation, self certainty, peer relationships, family relationships, sexual orientation, career, and leadership. Results The girl I interviewed had a strong sense of uniqueness-she wants to be different and expresses herself colorfully. I found that appearance is very important, such as adoption of different fashions and in hair styles. Girls are very conscious of how they look. While admitting that appearance is crucial, the teen made a point that maintaining a sense of confidence and self-esteem is important for your future. Also, I was informed that it is substantial to try everything and put your butt here and there. It appears that teenagers think they should experiment with smoking, drinking, sexual activity, and other adults stuff. In addition, the significance of the successful role model, a father in this case, was emphasized. Furthermore, the teen stressed that she considers herself a very sociable individual who likes to mix with different groups. She also feels that she is the woman of the 90s and plans to depend on herself. She also claimed to possess some leadership qualities in her natur e, which will become more and more evident as she will mature. I also found that it is crucial to have a sense of direction in ones own life. Together with that, she indicated that she feels that the involvement in the intimate relationship, having a boyfriend, means a big deal to her. She added that it is important to have someone to talk to and do stuff with. Discussion Adolescents are obsessed with their looks and they are expected to do that because it is through these symbols, wearing the right clothes and having cool sunglasses, that their identities are formed. Adolescents are expected to view self-esteem as crucial; after all, it plays a big role in their quest for identity. As teenagers begin their quests for identity, they experiment with different roles, various social postures, and self-images (this is what Erikson would call a search for identity). Teens often feel that appearing mature will bring recognition and acceptance, so they begin to engage in behavior associated with adults, such as smoking, drinking, and sexual activity. Experimenting with different roles is expected in Erikson stage and having a role model is not uncommon. During the early adolescence, a role model is usually one of the parents. ( Insel, 1994) Teens often are very social at this stage and that is expected because socialization contributes a lot to a teens searc h for identity. Some teens have already developed a strong sense of self-worth and it is not uncommon, although it is not necessarily expected for them to develop a sense of self worth at such a young age. Today, the percentage of teens who engage in sexual activities is increasing every year together with the
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