Abortion :: essays research papers

DOES ABORTION SANCTION EVIL? By Joseph Kellard from Capitalism Magazine/Feb.98 This interesting article written by Joseph Kellard is a pro-choice article that examines the issue of abortion from a moral perspective. He comments on the opinions of Christian Conservatives and compares their thinking to Adolph Hitler’s feelings on abortion. Kellard points out the irony of anti-abortionists when they say that â€Å"all life is precious†, when they actually discount the life of the pregnant woman. Conservative syndicated columnist, Cal Thomas is quoted as saying that â€Å"abortion’s legalization is a goose-step toward Nazi concentration camps.† He said that pro-abortionists are creating a â€Å"culture of death†, much like the Nazis did. He goes so far as blaming the violent acts of criminals on people who support abortion. Other conservative anti-abortionists call the legalization of abortion â€Å"the American Holocaust.† Kellard quoted Adolph Hitler in Mein Kampf, as saying â€Å"I put an end to the idea that a woman’s body belongs to her...Nazi ideals demand that the practice of abortion shall be exterminated with a strong hand.† Hitler sentenced Aryan women who had abortions to hard labor after the first offense, and to death after the second offense. Kellard goes on to say that Conservative Christian anti-abortionists have similar beliefs to Adolph Hitler. He actually feels that in some ways Hitler was more lenient because some anti-abortionists believe that a woman should be executed after her first abortion, not her second! Kellard believes that Hitler and anti-abortionists both deny individual autonomy and â€Å"render people submissive†. He goes on to criticize the idea that â€Å"all life is precious†, because in fact the woman’s life is not considered as important as the embryo or fetus. This makes a woman no more important than a ‘farm cow’, who is demanded to breed whenever she gets pregnant. This is the way Nazi youth were trained.

Psychoanalytic Perspectives of the Oedipus Mythology Essay

Patricide and incest form the thesis and message that Sophocles began with the creation of Oedipus the King. In the plays that followed, Oedipus at Colonus and Antigone, Sophocles expounded upon what would become one of the most profound archetypes in psychoanalysis. To best interpret the Oedipus trilogy, a look will be taken into the construction of the plays themselves, followed by an interpretation of the plays’ parallels and the inception of the Oedipus Complex based upon a psychoanalytic perspective. To begin with, Sophocles wrote what became known as the Oedipus trilogy over a period of more than forty years which indicates the profound immersion that he plainly had in the Oedipus saga. Each play is a self-contained chronicle representing his dramatic theme of redemption from the sin of patricide and incest, and yet, the arch between the three Theban plays highlights the message that Sophocles refused to relieve himself from, and which consumed nearly his entire life. While this may seem of little importance to reading the Oedipus trilogy itself, Sophocles did not write them in the order represented in nearly every anthology. As David Grene notes, â€Å"as far as the legend is concerned, the story runs in sequence: Oedipus the King, Oedipus at Colonus, Antigone† (p. i). Their order of conception, instead, went: Antigone, Oedipus the King, and then Oedipus at Colonus (p. i), which presents a few inaccuracies within the story itself (mainly with the character and actions of Creon, Jocasta’s brother). From this birth order, â€Å"the series, therefore, cannot have formed a [true or literal] trilogy†¦beyond the fact that each of the three plays deals with the situation in the Oedipodean family history, there is no unity of theme or treatment between them† (Watling). Moreover, â€Å"except for the obvious links of fact connecting them, each constitutes a fresh approach to a distinct and self-contained problem† (13). Roughly, this means that while most anthologies present the three Theban plays in a chronological order for the character Oedipus, the fact remains that each could be read without knowledge of the others and the same theme and message would be received—which, based upon Sophocles’ life-long obsession with the story, must have been his justification for the story that kept evolving. The reasoning behind the order and placement of the plays within anthologies is sound, however, because, while the stories may be self-contained, the arch of Oedipus is the link that literally turns the plays into a trilogy. In Oedipus the King, Oedipus, as prophecy had predicted, kills his father, King Laius, and marries his mother, Queen Jocasta, bearing at least four children in the process who, in the play Antigone, are revealed as Antigone, Ismene, Eteocles, and Polyneices. After learning of his horrible actions, Oedipus exiles himself as he had proclaimed would be the fate of the brute capable of murdering King Laius, and subsequently blinds himself in the hopes of finding redemption for his unforgivable sins. While Oedipus at Colonus is the second play in the anthologies, it is the literal ending for Oedipus. He is taken to the city of Colonus by his loving daughters, Antigone and Ismene, because, as he had learned from the oracle in Oedipus the King, he was meant to find his final resting place there. Moments before his end, Oedipus realizes that his sins of patricide and incest weren’t truly sinful because he committed the acts out of ignorance alone, and it is in this moment, and despite everything he has faced in his quest for redemption that Zeus absolves Oedipus of his sins and he passes, with peace, into the afterlife. In Antigone, Oedipus is little more than a plot reference to get the play started. His only mention is in the opening lines and is that, following his self-imposed exile from the city of Thebes in Oedipus the King, Oedipus had made a prediction that his sons would be arrogant enough to fight over his throne and kill each other. Thus the play begins with the deaths of Eteocles and Polyneices. The play itself follows the actions of Antigone and her husband Creon, who is the cause for much speculation from most scholars due to his not-so advanced age. As the timeline goes, Creon is Jocasta’s brother and would have been Oedipus’ senior by many years or, at the very least, would have been as old as Oedipus himself. As Antigone is Oedipus’ daughter, and Creon is said to be â€Å"a vigorous middle-aged father of a youthful son† (Watling, 13), scholars debate as to the accuracy of Sophocles’ character creation and question as to his motives in retelling the story in as many forms as he did, with an outstanding flaw. Creon’s deviation notwithstanding, it is the minor and insignificant role of Oedipus in the play Antigone that marks the main reason that most anthologies place Antigone last in the order of the Oedipus mythology, even though the timeline would, as Sophocles thought in writing them, place Oedipus at Colonus last, due to the play’s depiction of the last days of Oedipus’ life. This, in itself, is significant in understanding the psychological aspects of the Oedipus trilogy. Now, while readers will never know the true meaning behind the order of the Oedipus mythology, the fact remains that Sophocles wrote within an archetype and character arch with the intentions of presenting his dramatic theme—and it took three tries to get it out as he desired. What he created, however, demonstrates a truth about the self-discovery of the individual and the path to redemption that marks a significant aspect of the growth of the human being. To best define this journey, a psychoanalytic perspective will now be taken into Sophocles’ main theme and message. From an analysis of his work, Sophocles â€Å"shares [a] concern with finding truth in a world of appearances and is influenced, even if indirectly, by the new theories about language: the problem of the relation of words to reality, and the power of words to deceive, to win unjust causes, and to confuse moral issues† (Segal, 7). More, the plays are â€Å"almost certainly a response to events of [his] period. An unexpected, supernatural-seeming disaster suddenly sweeps away brilliant hopes; confidence in human reason and calculation is shattered, and greatness swiftly turns into misery† (9). Sophocles saw the rise and fall of powerful nations, and it makes sense that he would take what he had seen and created his rendition of events that had transpired in a literary form that he could show the world. And it is from this basis that scholars have debated over the purpose and parallels behind the two main cities present within the plays of Sophocles. Often, the city of Athens is compared to a man’s relationship with himself, whereas the city of Thebes represents the conflict between man and his father. Indeed, â€Å"the figure of Oedipus [is] a distillation of Athens at the height of its power, energy, daring, intellectual curiosity, and confidence in human reason† (Segal, 11). As the historical context of the city of Athens was surely an influence in Sophocles’ making of the Oedipus trilogy, a direct parallel from the destruction of Athens to the destruction of Oedipus the powerful leader can be drawn. More, â€Å"it is even possible that Oedipus’ search for who he really is reflects something of a communal identity crisis in a city that had undergone a massive transformation in a short time and had refashioned itself from a rather quiet, traditional aristocracy and tyranny in the sixth century into a radical, intellectualized democracy and a powerful empire† (Segal, 11). This parallel, of Oedipus to the grand city of Athens, does much to lend weight to Sophocles’ theme of destiny and the gods marking a path for man. For, as Athens rose in power, so too, it fell because it committed sins and transgressions to great to find redemption from along the way. As for the city of Thebes, there lies a direct correlation to Sigmund Freud’s theory of conflict between man and his father which represents a direct parallel to Oedipus’ exile from the city of his king-making. Freud suggested that â€Å"the play fascinates us so much†¦not because it dramatizes ‘the contrast between destiny and human will,’ but because ‘there must be something which makes a voice within us ready to recognize the compelling force of destiny’† (Segal, 59). From this theory, Freud defined that the â€Å"‘destiny’ is the universal necessity to which all of us (or at least all males) are subject—namely, the wishes that remain from our buried animal nature to kill the father and possess the mother† (59). And it is this destiny upon which Sophocles created his foundation and archetype. As a basis for his theory, Freud determined that the oracle was a direct parallel to the subconscious mind, citing that â€Å"this disguising of Oedipus’ unconscious desires in the form of an oracle from the gods not only lets the unconscious become visible but also accounts for the feeling of guilt that we have about these unconscious desires, even though we are not guilty of any crime† (Segal 59-60). Even more, Freud speculated that â€Å"Oedipus’ eagerness to punish himself, with no attempt at self-defense, corresponds to the inner conviction of guilt that stems from these unconscious desires† (60). Because Oedipus immediately set out to punish himself and find redemption for his actions, despite the fact that he did them in ignorance, then, suggests that in his subconscious, Oedipus did indeed have desires to kill his father and physically and sexually possess his mother. For, as Freud theorized, in his actions following his revelation, Oedipus confessed his own guilt. If, perhaps, Oedipus had sought to defend himself on the basis that he didn’t know his father and certainly had no affections for his mother, having grown up the adoptive son of another, the theme may then have been interpreted differently. However, as Freud was so certain, there is much to be said about the actions of Oedipus in correlation to the guilt he felt. The subconscious mind had a profound impact on Oedipus, even though he knew nothing of the birth parents he was prophesized to destroy. For Freud, the archetypal constructs of the Oedipus mythology was so absolute that he dubbed it the â€Å"‘Oedipus Complex’†¦[which] denotes each person’s attitudes and behavior in his or her most intimate family relationships, especially to mother and father†¦[and, to mature into a normal adult, the child] must somehow come to terms with the residue of repressed infantile hatred and desire for his or her parents† (Segal, 60). The Oedipus Complex, in modern psychology, is applied to the study of actions in relation to the subconscious desires that exist in every child. Even more, Freud’s theory has become common in the vernacular of psychology to the extent that scholars use the term, perhaps, without even grasping the full meaning behind the cleverly, yet aptly, named psychosis. The Oedipus Complex is based upon two main ideals: that of the matriarchal relationship to the child and the patriarchal relationship. The two are separated by this relationship and define the growth and development of the child. Moreover, â€Å"matriarchal culture is characterized by the emphasis on ties of blood, ties to the soil and the passive acceptance of all natural phenomena†¦[while a] patriarchal society in contrast is characterized by respect for man-made law, by the predominance of rational thought and by the effort to change natural phenomena by man† (Armens, viii). To better define the difference, â€Å"in the matriarchal concept all men are equal since they are all the children of mothers and each one a child of Mother Earth. A mother loves her children all alike and without (limiting) conditions†¦the aim of life is the happiness of man and there is nothing more important or dignified than human existence and life† (viii). In this, to draw a parallel back to Oedipus, the child has (whether he realizes or understands it) a desire to be with the woman who created him because of her earth-mother nature. The desire of every man is to be with a woman who understands everything and will love unconditionally—and that figure, from the start of life, happens to be the mother. However, â€Å"the patriarchal system, on the other hand, recognizes obedience to authority as its main virtue. The principle of equality is replaced by a hierarchical order in society and state, ruled by an authority just as the family is dominated by the father† (Armens, viii). It is because of this very concept that boys contain within them (whether known to the conscious mind or not) the desire to overthrow their father and become the leader of the hierarchy. More, men, by their very nature, contain the desire to become like their fathers, to achieve the power that they may possess, to be the biggest, strongest, fastest titan in the industry. With a full understanding of the Oedipus Complex, a final parallel can be drawn to the path of self-discovery that Oedipus’ entire life is consumed with. As Sophocles had directed, Oedipus â€Å"dramatizes the lonely path of self-discovery† (Segal, 13). And it is in this path that the true nature of Oedipus is revealed. For, the path that he must take is a perilous expedition, not only through the ascent of age, but in the self discovery that every man must achieve to live a fulfilling and successful life. However, it is on this path that Oedipus also meets the very destiny that his parents had hoped to terminate with their preemptive strike. In this, Oedipus is the â€Å"paradoxical combination of knowledge, power, and weakness† (13). He is strong as a king and husband, yet, when he learns the truth of his actions, he crumbles into a despair so deep that it consumes his entire life—and it isn’t a short one. Unequivocally, Sophocles began his thesis with the creation of Oedipus the King and introduced what would become one of the most profound archetypes in psychoanalysis. Throughout the trilogy, the archetypes that Sophocles presents â€Å"[become] a profound meditation on the questions of guilt and responsibility, the order (or disorder) of our world, and the nature of man† (Segal, 12). More, â€Å"the play stands with the Book of Job, Hamlet, and King Lear as one of Western literature’s most searching examinations of the problem of suffering† (12). In looking at the events that transpired throughout the three Theban plays, Sophocles’ main theme that, in any life, destiny and fate will create a man’s destiny; more, the gods have the divine right to tamper with a man’s destiny in the hopes that he will, one day, find redemption from his sins, is rendered by the Oedipus arch throughout the plays. Overall, the three Theban plays, Oedipus the King, Oedipus at Colonus, and Antigone, form the trilogy that founded the most profound archetype in literature and psychoanalysis. Sophocles created the character of Oedipus to highlight his theme of self-discovery and the path to redemption, making it clear that Oedipus, despite his ignorance, would repent until his final moments for his unforgivable sins. However, it is in those final moments that Oedipus finds true absolution and redemption for the subconscious guilt that placed the fantasy of patricide and incest into his desires. And, based upon a psychoanalytic perspective, the theory behind the Oedipus Complex renders the message and main theme of Sophocles’ Oedipus mythology. Works Cited. Armens, Sven. Archetypes of the Family in Literature. Seattle: University of Washington, 1966. Grene, David and Richmond Lattimore, Trns. The Complete Greek Tragedies, Vol II, Sophocles. Chicago: University of Chicago Press, 1959. Segal, Charles. Oedipus Tyrannus: Tragic Heroism and the Limits of Knowledge. New York: Twayne Publishers, 1993. Watling, E. F. , Trns. The Theban Plays. Maryland: Penguin Books, 1947.

Should Illegal Immigrants Be Allowed - 857 Words

Should Illegal Immigrants Be Able to Have Driver’s Licenses? The national debate of whether or not illegal immigrants should be able to obtain driver s licenses is not an easy issue to resolve. Two different sides have strong, valid points that adequately support their claims. So prior to making any rational decisions, both viewpoints should be closely observed. After a lot of research and deep thinking, I have decided that I am against the notion of illegal immigrants being granted the right of having a driver s license. To be clear, I respect the illegal immigrants who work hard for a living in America, but I still do not agree with them driving illegally just because they feel entitled to having driver s licenses. Despite their intentions, what they are doing is currently wrong and it disrespects our country as a whole. Also I understand that America is arguably the greatest country in the world and it can take a long time for an immigrant to earn their citizenship, but in America if we want something, we cannot cheat the system to get it faster. For instance, we all want our bachelor s degree at the very least, but we cannot skip our classes during our college years if we plan to earn it. We put the time and effort in because we know that it will all be worth it in the end. This should be the same for illegal immigrants. We cannot choose where we are born, but we can choose to make the best out of every situation by working hard and hopingShow MoreRelatedShould Illegal Immigrants Be Allowed?1734 Words   |  7 Pagesmillion immigrants reside in the United States illegally, of which 65.9 percent of those are high school graduates that wish to chase their dreams and go to college.   No one should ever question furthering their education or to stop it simply because of their legal status.   The United States government is acting unfairly upon the issue of whether Illegal immigrants should be allowed to obtain in-state tuition or not. Illegal Immigrants that are dedicated towards their education should be allowed to anRead MoreIllegal Immigrants Should Be Allowed For Deportation1409 Words   |  6 Pagesdenied access to hundreds of thousands of American jobs from Americans themselves because the illegal immigrants would take those jobs. Protests broke out across the country after the announcement. 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Immigration is a large and controversial topic as far as the United States is concerned. However, there is one subject in question that isn’t quite openly addressed and up for discussion, as say border control. American citizens face many difficulties dealing with the admission of people in the United States illegally. The primary obstacles facing the system today include overcrowding in schools, availability of jobs and the unnecessaryRead MoreIllegal Immigrants Persuasive Essay1217 Words   |  5 PagesIllegal Immigrants Taking Advantage of the United States Should illegal immigrants be allowed to get in for free? Should they be allowed to enter while others spend years following the rules in order to gain their legal entry? In today’s society, the people of the United States are being taken advantage by the illegal immigrants. There are many examples in the news today demonstrating illegal immigrants shouldn’t be allowed to cross the border like the economic deficit, crime or the protection ofRead MoreIllegal Immigration Should Be Allowed721 Words   |  3 PagesIllegal Immigration Should Be Allowed Illegal immigration is the immigration of someone from his or her home country to another country without becoming a legal citizen. Illegal immigrants have many different names; illegal aliens, undocumented workers, and unauthorized citizens are just a few names they are called. Whether undocumented workers should stay in the country or leave has been debated in the United States for a long time. In the year 2006, there was an estimated 11.5 to 12 million undocumentedRead MoreIllegal Immigrants : A Big Problem With Illegal Immigration1150 Words   |  5 Pagesproblem with illegal immigration. Illegal immigration is an enormous issue that during the 2016 presidential primary debates. It was a problem when President Obama took office eight years ago, and it is an even greater problem now that he is getting ready to leave office. Most Americans want the border closed, but that will only solve half the problem. The other half of the problem can be solved by deporting the illegal immigr ants that are already in the United States. Illegal immigrants are takingRead MoreShould Immigrants Be An American Citizen?992 Words   |  4 PagesShould immigrants have a pathway to American citizenship? Of course, all immigrants should be granted a pathway to becoming an American citizen because Americans are all immigrants to this country. Thirty percent of the small businesses started in America are started by these immigrants who come in search of a higher quality life. When they start these businesses they are providing jobs for American workers, which will boost our economy. Also, various immigrants have developed cutting-edge technologiesRead MoreWhat Is Illegal Immigration Doing to Our Country?1097 Words   |  5 PagesWhat is Illegal Immigration Doing to Our Country? Illegal immigration is a controversial topic discussed in our country everyday. An illegal immigrant is anyone who has illegally crossed some kind of border whether it is by land, water, or air. These people are undocumented, unauthorized and unnaturalized people. In America’s case, these immigrants usually come from the south where the neighboring countries such as Cuba and Mexico reside. Some also come from Canada, but it is not too common. ShouldRead MoreEssay on The Role of Immigration on Legal and Illegal Immigrants948 Words   |  4 Pages The social issue that will be covered in this paper is the role immigration plays in daily life for both legal and illegal immigrants. This issue has seen a more prominent place as of late due to many events thought to have been caused by the allowing of members from disagreeing societies into America. The sociology of immigration involves the sociological analysis of immigration, especially with regard to race and ethnicity, social structure, and political policy, significant concepts include

Examining Firsthand Accounts Of Early Christians - 982 Words

To examine firsthand accounts of early Christians we are left to recognize them through the communities to which they belong and to witness their lives through the narratives illustrated in historical texts. As such, a greater significance has been placed on the seven unequivocal letters by Paul. These texts represent the earliest of all Christian writings in existence. Yale s Professor of Biblical Studies, Wayne Meeks, suggests there are two characteristics that occasion these texts as decidedly fruitful for our social-historical inquiry. . In a literary style that loosely imitates the Markan sandwich, Paul moves quickly from the discourse of food - meat sacrificed for idols - to the conduct of Christians in worship - then back to food (abuses of the Lord s Supper). This interpolation of ideas illuminates a division among the Strong/Weak; the Haves/Have Nots. Despite the latitude of concerns harbored in the larger periscope the aspiration of this essay emanates from verse 14: Chapter 11 deals with an act of worship that Paul appraises as momentous . Indicative of his narrative in previous chapters, Paul often conciliates matters against a greater theological background. Therefore, as we navigate the various enigmatic expressions this passage presupposes, we must preserve this notion. This essay will briefly examine a few of the rituals, traditions, admonitions, and in particular, the formulated beliefs common of the times, particularly Corinth. Furthermore, this workShow MoreRelatedA Christian Approach to Homosexuality7265 Words   |  30 PagesCHRISTIAN APPROACH TO HOMOSEXUALITY 1 TABLE OF CONTENTS INTRODUCTION I. BIBLE AND HOMOSEXUALITY 1. Biblical View of Sexuality 2. Old Testament on Homosexuality 2a. Stories of Sodom and Gibeah 2b. Levitical Texts 3. New Testament on Homosexuality 3a. 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Cultural Differences And Diversity Of The Host Nationals

This report reflects upon the existing ethnocentric attitudes of both expatriate professionals and their families, and those of the host nationals. It outlines how the cultural differences and diversity of expats in foreign countries in contrast to those of the host nations, work in some cases to ostracize, and isolate the expat from their new community. This reports seeks to outline a strategy to bridge these cultural disparities, between the in-group and the out-group. This concerns the social, professional and everyday environment in which expatriate would engage and communicate with the host nationals. People are naturally ethnocentric, and the process of achieving ethnorelativism will come with experience and better understanding of different cultures will encompass a worldview that gives different perspectives. This report gives advice to expatriates and Host National Countries in how to bridge ethnocentric stigmas, and to communicate effectively to achieve mutual understand an d respect between different cultural parties. Key Words: Ethnocentrism, Ethnorelativism, relativism, expatriate, culture, disparity, intercultural communication, professional performance Table of Contents Introduction †¦Ã¢â‚¬ ¦.†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦...3 The Issue ....†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.4 Strategies To Address The Issue †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.....6 Conclusion †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦..9 References †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦..10 Introduction The purpose of this report is to identify the degree and nature ofShow MoreRelatedCase Study : International Human Resource Management Essay1448 Words   |  6 Pagesresource management to the padi- cepat company. 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Actus Reas and Men Rea Free Essays

Actus Reus and Mens Rea Actus reus and mens rea are two of the five elements of a crime that the prosecution may have to prove to get a conviction in a criminal case. Actus reus is the criminal act. Mens rea is the intent to commit the crime. We will write a custom essay sample on Actus Reas and Men Rea or any similar topic only for you Order Now In general, the more serious a crime is, the more important it is for the prosecution to prove that both a criminal act was committed and that there was criminal intent. These more serious crimes are also known as conduct crimes. Not surprisingly, conduct crimes involve the proof of criminal conduct. Criminal conduct is often confused with criminal acts. The distinction is that criminal conduct involves both actus reus and mens rea, whereas a criminal act only involves actus reus. In the most severe of crimes, such as criminal homicide, three more elements of crime must be proven: concurrence, attendant circumstances and a bad result. Actus reus and mens rea are important because both elements are necessary to get a conviction beyond a reasonable doubt in a criminal case (Samaha, 2008, chap. 3). In order to qualify as actus reus, the act must be deemed a bodily movement that was voluntary. The reason for this is that the law is intended to punish people who meant to commit the act or can be blamed for the act. Only then are they responsible for the criminal acts they commit. Criminal law does not intend to punish people who are not responsible for the acts they committed. The problem is that most criminal codes provide vague descriptions of what a voluntary act is. Many times, the definition needs to be inferred by looking at the list of exceptions (involuntary acts) to voluntary acts. An appeal in case of Brown v. State centered around whether the jury should be given specific instructions by the judge on how to ascertain whether an act was voluntary. The defendant in that case, Alfred Brown, was bumped with a moholding was that the defendant was entitled to have the jury consider the voluntariness of his acts (Samaha, 2008, chap. 3). In order to have Mens Rea, one of two kinds of fault need to be established: subjective or objective fault. Subjective fault is more easily identifiable. Subject fault is having a bad mind, or doing something that you knew to be wrong. Objective fault does not involve a purposeful or conscious bad mind. Objective fault involves establishing that the act should have been known to be wrong by the average person. In the appeal of the case of State v. Stark, the defendant, Calvin Stark, challenged a second degree assault conviction on the grounds that he did not intend to inflict bodily harm by having unprotected sex after he was knowingly HIV positive. Mr. Starks’ appeal was on the grounds that subjective fault could not be established for the crime he was alleged to have committed. Mr. Starks lost the appeal in large part because objective fault was undeniably present in this case since the average person knows that HIV can be passed to another person by having unprotected sex (Samaha, 2008, chap. 4). Good Samaritan Rule and American Bystander Rule The Good Samaritan Rule and the American Bystander Rule both address the requirements of what a person has to do if they are witnessing and incident where a situation requires assistance. There are really no other similarities between these rules. The Good Samaritan Rule is only used in a few jurisdictions. This rule makes a person legally responsible to either help or call for help when a person is in need. In contrast, the American Bystander Rule states that there is no legal duty to help someone in need, even if it the bystander is risking nothing by helping someone or calling for help. Even in cases where it is clearly morally wrong to stand by and watch someone suffer, the bystander is not violating any criminal law by doing nothing (Samaha, 2008, p. 91). In the case of Commonwealth v. Pestinakas, the defendants, Helen and Walter Pestinakas were convicted of third degree murder in Pennsylvania for neglecting to care for an elderly man who was terminally ill. In the appeal to this case, the judgments of sentence (five to ten years in prison for each defendant) were upheld because the court ruled that there was a legally binding oral contract in place for the Pestinakases to provide care for the victim, Joseph Kly. The Good Samaritan Rule does not apply in Pennsylvania and the American Bystander Rule does apply. The dissenting opinion was interesting in that it was pointed out that the legislature may not have intended for a contractual duty to be a duty imposed by law. If indeed that were not the intent of the legislature, then the Pestinakases may very well have won their appeal based on the American Bystander Rule. Although neglecting an elderly man while serving as his caretaker is probably morally wrong in the eyes of most, the American Bystander Rule would have protected the Pestinakases from legal prosecution (Samaha, 2008, p. 92-93). In the case of State v. Kuntz, the defendant, Bonnie Kuntz stabbed her boyfriend, Warren Becker, and then did not call for help, so he bled to death. In addition to being convicted of negligent homicide, the defendant was also charged with a separate crime for failure to summon for medical aid. Ms. Kuntz appealed the latter conviction with the American Bystander Rule as her basis. There are some exceptions to the American Bystander Rule that do make a bystander criminally liable for a failure to act. In the opinion of the court, this case met one of those exceptions, since Ms. Kuntz had a duty to summon for help because she created the peril. In other words, if you mortally wound someone, you are criminally liable if you don’t summon for aid, notwithstanding the American Bystander Rule (http://www. soc. umn. edu). The Good Samaritan Rule is also not always so â€Å"cut and dry†. Although the rule requires that you help someone in need or summon for help, but a recent ruling, Van Horn v. Watson, held that a state statute only protects people who attempt to provide medical care to someone who needs it. In Van Horn v. Watson, court held that the co-defendant, Lisa Torti was held liable for rendering the defendant, Alexandra Van Horn, paraplegic after pulling Van Horn from a vehicle that Torti thought was going to explode (Miller, 2009). Although this was not a criminal case, this shows that the Good Samaritan Rule does not provide protection against every scenario of helping a victim in need, just as the American Bystander Rule does not the bystander from needing to help or summon for help for a person in need. Although the rules seem to be opposites, each has exceptions that make them more similar. Constructive and Actual Possession Constructive possession is when someone has control of a banned substance, but it is not on his/her person. In other words, it may be in or on something he/she owns, such as a vehicle, a place they live, such as their house, or another area he/she controls, such as his/her office. Actual possession is when someone has physical control of the banned substance. In other words in might be in their shoe. Constructive and active possession both need to meet the two aspects of possession. In order to constitute possession as a criminal act, there needs to be both control of the items and awareness of the control. The main difference between constructive and active possession is that with active possession, the substance is found on the person, whereas with constructive possession, the substance is found in an area in which the person is responsible (Samaha, 2008, p. 97). The case of Miller v. State provides a good discussion in the court’s opinion on constructive possession. In that case, a passenger in a car was convicted of possession of marijuana and cocaine. The defendant, James Luther Miller, appealed the case on the grounds that he did not knowingly possess the drugs. Other passengers in the car were smoking marijuana and they had crack cocaine stashed in the car. In the appeal, the court affirmed the marijuana possession conviction and reversed and dismissed the cocaine possession conviction. According to the court opinion, in order to constitute constructive possession in a case involving multiple occupants in an automobile, there are several things that need to be considered. These factors include whether the drugs were in plain view of the accused, whether they were found on the accused, whether they were in close proximity to the accused, whether the accused is the owner of the car and whether the accused acted suspiciously. In this case, many of these factors were probably true in the case of the marijuana, but none of them were definitively true in the case of the cocaine. In the case of the cocaine, the court found that Mr. Miller did not have knowing possession of the cocaine and instead had mere possession. Only Montana and Washington do not require knowing possession to charge someone with criminal possession. Since this case was in Arkansas, the appeal was successful for Mr. Miller on the cocaine possession charge (Samaha, 2008, pp. 97-98). References Did she have a legal duty to report or intervene? Retrieved from http://www. soc. umn. edu/~samaha/cases/state_v_kuntz_omission. htm. Miller, C. (2009, January 14). Calif. lawmakers rush to rescue good samaritans in wake of court ruling. The Recorder. Retrieved from http://www. law. com/jsp/article. jsp? id=1202427434865slreturn=1hbxlogin=1. Samaha, J. (2008). Criminal Law. (9th ed. , chap. 3-4). Belmont, CA: Thomson Learning, Inc. How to cite Actus Reas and Men Rea, Essay examples

Innovation in Language Learning and Teaching †Free Samples

Question: Discuss about the Innovation in Language Learning and Teaching. Answer: Introduction The article here is titled as Graduate students as academic writers: writing anxiety, self-efficacy and emotional intelligence which has been done by the authors Margarita Huerta, Patricia Goodson, Mina Beigi and Dominique Chlup. Here the essential finding states that self-efficacy is an important factor and a huge predictor of writing anxiety while on the other hand, emotional intelligence is not. As found through the various researches and the growing global trends that that there is a low percentage in proceeding with their degree can be due to many factors. Thus, self-efficacy, writing anxiety and emotional intelligence are taken as the variables to measure the graduate students as academic writer. However, there are many other studies in this field that has been seen focusing on self-efficacy, writing anxiety and emotional intelligence. As stated by Mascle, in his study done in 2013 reached to the conclusion that the writing instructions usually do minimal to reduce the writing anxiety but encouraging self-efficacy can together diminish the anxiety in writing as well as further development in writing. This article of great merit and should be considered as essential reading by everyone in the area of academic writing. This critique will outline why this is the case. This article is noteworthy addition to the subject of graduate students and can be considered very useful for those connected to this field. This critique will outline why this is the case. This article makes a solid contribution to research into the writing anxiety, self-efficacy and emotional intelligence and would be useful to those wishing to gain a deeper understanding. This critique will outline why this is the case. This article contributes somewhat to research into the area of academic writing and would be quite useful for readers who wish to know more about this subject. This critique will outline why this is the case. This article manages to make a contribution of some value to the field of academic writing, although it has limitations. This critique will outline why this is the case. This article mainly summarizes the factors that affect the writers in academic writing that are affecting their productivity due to some internal variables. Here three variable have been measured that highly affects the students those are writing anxiety, self-efficacy and emotional intelligence. A survey has been done to collect the data on these variable and the authors finding clearly says that self-efficacy is a huge predictor of writing anxiety while emotional intelligence is not. Supports have been there who were found providing the success of the supporting group of writers and providing them with additional frameworks for creating a writing group. There are few weaknesses of this study, which are overlooking the cultural precisions, the sample is not generalized among all the graduate students of higher education, and it does not pay any focus on the measures of writing productivity. The sample taken for this study is not generalized to all graduate students of higher education as the sample was only limited to an university in the United States and thus it is not a true representative of the population. The strength that has been observed is that the variables are studied in an in-depth way and a clear understanding is provided. However, it can be said that the strength has outbalance the weakness for this article. However, the key terms used in are defined here. Firstly, writing anxiety is the bodily tension, worry and physical changes that take place when an individual is presented with a writing task. Self-efficacy is the recognized level of the confidence of a behavior in their performance. It further has a necessary and huge alliance with writing anxiety. Lastly, emotional intelligence is the potential to monitor the emotions and feelings of themselves and others. Emotional intelligence is thus the capability of the individuals to assess, control and utilize the emotions that has an influence on the anxiety. However, the authors perspective in this article can be stated as an impartial statement to the reality because in a similar research article by Shao Ji in 2013, find out that there is a powerful positive bonding between the emotional intelligence and writing achievement. This study was done to observe the equality of two groups which were a writing ability test another is trait emotional intelligence questionnaire-adolescent short form which were administered before the experiment. The outcome indicated that the experimental group scored remarkably higher than the control group. This section is about the personal response based on the outcome of the evaluations that has been conducted in the above section. As stated in the thesis statements the article is of great merit and should be considered an essential reading by everyone in the area of academic writing. However, the total evaluation of this article supports this idea that this particular article is notable addition to the subject of graduate students and thus, can be very much beneficial for those individuals who are attached to this field. According to my opinion, I do agree that writing anxiety affect the academic writers in a great deal when they are accounted with writing tasks and that will surely affect their productivity but there was no account of measure being taken on this writing productivity that is wrong on the authors part. This will definitely help in reducing anxiety in writers and increasing self-efficacy and emotional intelligence. Yes, I may recommend this work as credible sources of research as it was able to provide a fundamental relationship among the variables. However, as I would like to say that in some aspect the future researcher could use this work to have directions that can help them lessened the anxiety in writing and to improve the self-efficacy and emotional intelligence among the writers. The workshops and services provide the students to reduce their anxiety as they are taught productive strategies and impart writing supports. Conclusion To conclude this report, I can say that apart from have few limitations it still has succeeded by pointing out that academic writers does in a way get affected by writing anxiety, self-efficacy and emotional intelligence. It has analyzed the variables in an in depth manner in the context of students who are graduate and academic writers. This article thus gives a clear understanding of the relationships of the variables, as no other study has this much clarity is explaining self-efficacy and writing anxiety in graduate students. Thus, there is no further confusion that the topic, Graduate students as academic writers: writing anxiety, self-efficacy and emotional intelligence is an analytical one. However, it is clear that the current research in this field of academic writing has confirmed to this. References Huerta, M., Goodson, P., Beigi, M., Chlup, D. (2017). Graduate students as academic writers: writing anxiety, self-efficacy and emotional intelligence.Higher Education Research Development,36(4), 716-729. Mascle, D. D. (2013). Writing self-efficacy and written communication skills.Business Communication Quarterly,76(2), 216-225. Shao, K., Yu, W., Ji, Z. (2013). The relationship between EFL students' emotional intelligence and writing achievement.Innovation in language learning and teaching,7(2), 107-124.