Jurisdiction and powers of the High Court - Free Essay Example

Sample details Pages: 10 Words: 2954 Downloads: 3 Date added: 2017/06/26 Category Law Essay Type Review Did you like this example? Introduction As legal disputes arise by the day, litigants seek different avenues to solve their matters. One of the ways is by instituting these matters before a court. However, the basic and most important step is to go before a court of competent jurisdiction. Don’t waste time! Our writers will create an original "Jurisdiction and powers of the High Court" essay for you Create order According to the Blackà ¢Ã¢â€š ¬Ã¢â€ž ¢s Law Dictionary, à ¢Ã¢â€š ¬Ã…“jurisdictionà ¢Ã¢â€š ¬Ã‚ is the power and authority constitutionally conferred upon a court or a judge to pronounce the sentence in law, or to award remedies provided by law, upon a state of facts, proved or admitted, referred to the tribunal for decision, and authorized by law to be subject to investigation or action by tribunal, and in favor of or against persons who present themselves, or who are brought, before the court in some manner sanctioned by law as proper and sufficient.[1] Without jurisdiction, a court acts in vain. In Owners of the Motor Vessel à ¢Ã¢â€š ¬Ã…“Lillian Sà ¢Ã¢â€š ¬Ã‚  V Caltex Oil (Kenya) Ltd[2], the court stated that, à ¢Ã¢â€š ¬Ã…“Jurisdiction is everything. Without it a court has no power to make one more step. Where a court has no jurisdiction, there would be no basis for a continuation of proceedings pending other evidence. A court of law downs tools in respect o f the matter before it the moment it holds the opinion that it is without jurisdictionà ¢Ã¢â€š ¬Ã‚  The various forms of jurisdictions conferred upon the courts include original jurisdiction, supervisory jurisdiction, and appellate jurisdiction among others. These forms of jurisdictions are discussed in relation to the High Court, Industrial Court and the Environment and Land Court. Reference is made to the Constitution of Kenya, and the statutes operationalizing these courts. Jurisdiction of The High Court Article 165(1) of the Constitution establishes the High Court. Subsequently, subsection 2 of the same article provides that there shall be a Principle judge elected by the judges of the High Court from among the High Court judges. The Jurisdiction of the High Court is as discussed as below: Unlimited Original Jurisdiction of the High Court Article 165(3) outlines the specific forms of the jurisdiction of the High Court. These include: unlimited original jurisdiction in civil and criminal matters, jurisdiction to hear matters on the interpretation of the Constitution, supervisory jurisdiction, reference jurisdiction, jurisdiction for the protection of fundamental rights, and, enforcement jurisdiction in respect of fundamental rights and freedoms.[3] Additionally, legislation may confer original or appellate jurisdiction to the High Court.[4] However, Article 165(3) refers to clause 5 of Article 165 as to the limitation of the High Courtà ¢Ã¢â€š ¬Ã¢â€ž ¢s jurisdiction. The High Court is limited to matters reserved for the exclusive jurisdiction of the Supreme Court under the Constitution and matters falling within the jurisdiction of the Industrial Court, and the Environment and Land Court. Supervisory Jurisdiction Article 165 (6) of the Constitution confers upon the High Court supervisory jurisdiction over any civil or criminal proceedings or matters before a subordinate courts and over any person, body or authority exercising a judicial or quasi-judicial function but not over superior courts. Article 165(7) provides that for the purposes of sub-article 6, the High Court is vested with the powers to make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of ensuring that justice is duly administered by those courts. Such powers include calling for the record of any proceedings before the subordinate courts or person, body or authority referred to under clause 6. Article 160 of the Constitution provides that in exercising the judicial authority, the judiciary as constituted under Article 161 shall be subject to the constitution and the law and shall not be subject to the control or direction of any person or authority. It thus follows that the High Court is vested with supervisory jurisdiction over the subordinate courts. It is also overt that the High Courts generally has the supervisory jurisdiction over persons and authorities in observing there mandate in so far as it is not limited as indicated under Article 165 (5) of the Constitution. Jurisdiction to determine matters relating to violation of the fundamental freedoms in the Bill of Rights Article 23 of the Constitution provides that the High Court has jurisdiction pursuant to Article 165 of the Constitution. The fundamental rights are guaranteed under part two of Chapter four of the Constitution. Article 165 (3) (b), accords the High Court the power to determine any questions as to whether a right or a fundamental freedom in the Bill of Rights has been denied, infringed or threatened. The fundamental freedoms envisaged under the constitution include: Freedom and security of person; Freedom of conscience, religion, belief and opinion; Freedom of expression; Freedom of media; Freedom of association; and Freedom of movement and residence. However, claims arising out of an interest or right in or over property must be brought for determination under the Environment and Land Court.[5] This position was supported by the case of Samuel Kamau Macharia Another V Kenya Commercial Bank 2 Others[6], the court observed that: à ¢Ã¢â€š ¬Ã…“A courtà ¢Ã¢â€š ¬Ã‹Å"s jurisdiction flows from either the constitution, legislation or both. Thus, a court of law can only exercise jurisdiction as conferred by the constitution or written law. It cannot arrogate to itself jurisdiction exceeding that which is conferred upon it by lawà ¢Ã¢â€š ¬Ã‚ ¦where the constitution exhaustively provides for the jurisdiction of a court of law. The court must operate within the limits. It cannot expand its jurisdiction through a judicial craft or innovation.à ¢Ã¢â€š ¬Ã‚  Therefore, the High Court has no jurisdiction to determine questions as to the infringement, denial, violation or threat to rights or fundamental freedoms in the Bill of Righ ts that fall on the jurisdiction of the special courts. Article 162 of the Constitution contemplates a system of courts consisting of superior courts and subordinate courts. The two special courts are established by the parliament with status of the High Court to hear and determine matters relating to the environment, the use and occupation of and title to land. Appellate Jurisdiction The appeals from the subordinate courts and tribunals lie to the High Court. These include appeals from both the civil matters as well as criminal matters. Article 165(3) (c) of the Constitution vests the jurisdiction to hear an appeal from the decision of a tribunal appointed under the constitution to consider the removal of a person from office, other than the tribunal appointed under Article 144 of the Constitution.[7] Jurisdiction to hear any question relating to the interpretation of the Constitution Article 165(3) (d) vests the High Court with the jurisdiction to hear questions in respect to the interpretation of the Constitution. The High Court, subject to this Article, shall determine whether a law contravenes or is inconsistent with the Constitution, to determine matters on the constitutional powers of State organs.[8] In order to determine the questions raised under clause (3) (b) or (d), the bench shall consist of an uneven number of judges, being not less than three, assigned by the chief Justice.[9] Environment and Land Court Article 162(2) of the Constitution read together with Article 165(5) deprives the High Court jurisdiction to hear any matter reserved for the exclusive jurisdiction of either the Supreme Court or matters falling within the jurisdiction of the Courts contemplated under Article 162(2). Article 162 of the Constitution that establish superior courts provides as follows: 162. (1)à ¢Ã¢â€š ¬Ã…“the superior courts are the Supreme Court, the Court of Appeal, the High Court and the courts mentioned in clause (2). (2) Parliament shall establish courts with the status of the High Court to hear and determine disputes relating toà ¢Ã¢â€š ¬Ã¢â‚¬  (a) Employment and labour relations; and (b) The environment and the use and occupation of, and title to, land. (3) Parliament shall determine the jurisdiction and functions of the courts contemplated in clause (2). Article 162 in effect obligated the Parliament to establish superior courts namely the Industrial Court and the Envir onment and Land Court to hear and determine disputes contemplated under Article 162 (2) of the Constitution. Article 165(5) specifically provides that the High Court shall not have jurisdiction over disputes contemplated under Article 162((2) and these are labour disputes and land and environmental disputes. Legal practice tradition require that this being a jurisdictional clause, it had to be followed to the latter as held in the locus classicus case of Owner of Motor Vessel à ¢Ã¢â€š ¬Ã…“Lillian Sà ¢Ã¢â€š ¬Ã‚  V Caltex Oil (Kenya) Ltd as explained above. The Environment and Land Court, as one of the Courts contemplated by article 162(2) is a Superior Court, has the same status as the High Court. Pursuant to article 162(3) of the Constitution, Parliament was empowered to determine the jurisdiction and the functions of the Environment and Land Court. Consequently, Parliament enacted the Environment and Land Court Act, 2011 that established the Land and Environment Court. S ection 4 of the Environment and Land Court Act,[10]establishes the Environment and Land Court. The Act provides that: à ¢Ã¢â€š ¬Ã…“4. (1) there is established the Environment and Land Court. (2) The Court shall be a superior court of record with the status of the High Court.(3) The Court shall have and exercise jurisdiction throughout Kenya and shall pursuant to section 26, ensure reasonable and equitable access to its services in every county.à ¢Ã¢â€š ¬Ã‚  Section 13 of the Act defines the jurisdiction of the Environment and Land Court. TheCourt has original and appellate jurisdiction to hear and determine all disputes in accordance with Article 162(2) (b) of the Constitution and with the provisions of Act or any other written law relating toenvironment and land. In exercising its jurisdiction under Article 162 (2) (b) of the Constitution, and section 13 of the Environment and Land Court Act, the Court has power to hear and determine disputes relating to environment a nd land. It includes disputes relating to environmental planning and protection, trade, climate issues, land use planning, title, tenure, boundaries, rates, rents, valuations, mining, minerals and other natural resources or disputes relating to compulsory acquisition of land.The court further has powers to deal with disputes relating to land administration and management. The court is also empowered to hear cases relating to public, private and community land and contracts, choses in action or other instruments granting any enforceable interests in land. In this regard one will say that all disputes relating to securities and in particular any dispute dealing with the statutory power of sale by financial institutions will be dealt with by this court. Further, the Act states that the court has jurisdiction to hear any other dispute relating to environment and land. The court has jurisdiction to hear and determine matters relating to the right to clean environment.Section 13 (3) of the Environment and Land Court Act provides that, nothing in this Act shall preclude the Court from hearing and determining applications for redress of a denial, violation or infringement of, or threat to, rights or fundamental freedom relating to the environment and land under Articles 42, 69 and 70 of the Constitution. The Court also exercises appellate jurisdiction over the decisions of subordinate courts or local tribunals in respect of matters falling within the jurisdiction of the Court.[11] Additionally, the Court exercises supervisory jurisdiction over subordinate courts, local tribunals, persons or authorities in accordance with Article 165(6) of the Constitution. In exercise of the courtà ¢Ã¢â€š ¬Ã¢â€ž ¢s supervisory jurisdiction the Court may call for the record of any proceedings before any subordinate court, body, authority or local tribunal exercising judicial or quasi-judicial functions, or a decision of any person exercising executive authorityand may make any o rder or give any direction the court considers appropriate to ensure the fair administration of justice. Section 13(7) of the Act provides that, in exercising its powers the court can grant the following orders: interim or permanent preservation orders including injunctions; prerogative orders; award of damages; compensation; specific performance; restitution; declaration; or costs. Industrial Court of Kenya The Jurisdiction of the Industrial Court Similar to the Environment and Land Court, the Industrial Court is established pursuant to Article 162(2) (a) of the Constitution of Kenya, which provides, à ¢Ã¢â€š ¬Ã…“Parliament shall establish courts with the status of the High Courtà ¢Ã¢â€š ¬Ã‚ ¦ to hear and determine disputes relating to employment and labour relations.à ¢Ã¢â€š ¬Ã¢â€ž ¢Ãƒ ¢Ã¢â€š ¬Ã¢â€ž ¢ The purpose of this Article is to establish the Industrial Court as a superior court of record andose is 11111111111111111111111111111111111111111111111111111111111111111111111111111111111111 to confer jurisdiction on the Court with respect to employment and labour relations and other related purposes. Section 4 of the Industrial Courts Act,establishes the Industrial Court as Parliament was obliged by the Constitution to do so. The section provides that, à ¢Ã¢â€š ¬Ã…“In pursuant to Article 162(2) of the Constitution, there is established the Industrial Court for the purpose of settling employment and industria l relations disputes, and the furtherance, securing and maintenance of good employment and labour relations in Kenyaà ¢Ã¢â€š ¬Ã‚ . Similarly, the Act under the provision of Article 162(3) of the Constitution, defines the Jurisdiction of the Industrial Court. Section 12of the Industrial Court Act defines the jurisdiction of the Industrial Court as, The Court has, à ¢Ã¢â€š ¬Ã…“exclusiveoriginal and appellate jurisdiction to hear and determine all disputes referred to it in accordance with Article 162(2) of the Constitution, and the provisions of this Act, or any other written law which extends jurisdiction to the Court relating to employment and labour relations.à ¢Ã¢â€š ¬Ã¢â€ž ¢Ãƒ ¢Ã¢â€š ¬Ã¢â€ž ¢ Among the other principal Acts of Parliament that extend the jurisdiction to the Industrial Court are the Employment Act[12] and the Labour Relations Act[13]. Section 87(1) of the Employment Act states à ¢Ã¢â€š ¬Ã…“Subject to the provisions of this Act, whenever à ¢Ã¢â€ š ¬Ã¢â‚¬Å" (a) an employer or employee neglects to fulfill a contract of service; or (b) any question, difference or dispute arises as to the rights or liabilities of either party; or, (c) touching on any misconduct, neglect or ill treatment of either party or any injury to the person or property of either party, under any contract of service, the aggrieved party may complain to the labour officer or lodge a complaint or suit in the Industrial Courtà ¢Ã¢â€š ¬Ã‚ . Section 87 (2) states à ¢Ã¢â€š ¬Ã…“No other Court other than the Industrial Court shall determine any complaint or suit referred to in subsection (1).à ¢Ã¢â€š ¬Ã¢â€ž ¢Ãƒ ¢Ã¢â€š ¬Ã¢â€ž ¢ This section is a à ¢Ã¢â€š ¬Ã‹Å"limitation clauseà ¢Ã¢â€š ¬Ã¢â€ž ¢ with regards to jurisdiction. Despite it being one of the superior courts, no other court of the same status can preside over matters relating to the jurisdiction of the Industrial Court. Moreover, Section 73 of the Labour Relations Act extends jurisdiction to t he Industrial Court as follows- à ¢Ã¢â€š ¬Ã…“If a trade dispute is not resolved after conciliation, a party to the dispute may refer it to the Industrial Court in accordance with the Rules of the Industrial Court.à ¢Ã¢â€š ¬Ã¢â€ž ¢Ãƒ ¢Ã¢â€š ¬Ã¢â€ž ¢ Subsequently, section 74 allows trade unions to refer to the Industrial Court as a matter of urgency, disputes concerning recognition, redundancy, and employees engaged in essential service. It thus follows that the Constitution, the Industrial Court Act and other written laws such as the Employment Act, and the Labour Relations Act govern the Industrial Court and confer jurisdiction on the Industrial Court. Conclusion As it is discussed, there is fundamental need to prove jurisdictionwhen instituting a matter before court. Considering the provisions outlining the jurisdiction of the three courts, it is important to note that these courts are of the same status. The Constitution, under Article 162, names the superior courts among them being the High Court, the Industrial Court, and the Environment and Land Court. However, this Article gives more details on the establishment of the last two courts. It mandates Parliament to enact legislation that establish and define the jurisdiction of these courts. Referring to the nature of matters brought before the Industrial Court and the Environment and Land Court, a special feature is common in both courts. They are courts of courts of a specialized nature and there are provisions that limit their jurisdiction. Subsequently, other courts are limited to hear and determine matters within the jurisdiction of these courts. As is noted above therefore, em phasis is on the establishment and jurisdiction of the Industrial and Environment and Land Court. The Article 162 (2) is specific as to the status of the courts. They are of the same status as the High Court, but conferred with different jurisdictions from that of the High Court. Professor Albert Mumma while presenting[14] his paper, The Jurisdiction of the Environment and Land Court said, à ¢Ã¢â€š ¬Ã…“The ELC is a court sui generis- neither the High Court nor an administrative tribunal. It has a constitutional interpretation and human rights enforcement jurisdiction, appellate jurisdiction, supervisory and judicial review jurisdiction.à ¢Ã¢â€š ¬Ã‚  He based this reasoning on the unique nature of land disputes and that it was cumbersome for litigants due to the mainstream High Court judicial mechanisms. To echo Professor Mummaà ¢Ã¢â€š ¬Ã¢â€ž ¢s opinion, it is essential to distinguish the jurisdiction of the three courts. The jurisdiction of both the Environment and Land Court and the Industrial Court are specialized jurisdictions, which need judicial officers with the right expertise on the matters brought before them. In this case, Flotta needs to understand the nature of her matter. The definition of her relationship with the county assembly is essential to guide her under which court she should institute her complaint.in our subsequent discussions in this paper we shall also seek to explain the nature of the relationship she had with the County Government of Kiangà ¢Ã¢â€š ¬Ã¢â€ž ¢ombe.However not expressly defined in statute, we will also rely on various jurisprudence to show what kind of relationship it was. Having distinguished the various jurisdictions of the superior courts,the paper shall also identify which court to move by observing practice. Part 3, 4 and 5 of this paper shall discuss conclusively on this matter. [1] Blackà ¢Ã¢â€š ¬Ã¢â€ž ¢s Law Dictionary Free Online Legal Dictionary 2nd Edition. [2] (1989) KLR 1 [3]Article 165(3)(a)- (d) [4]Article 165(3) (e) [5]Article 165 (5) (b) of the Constitution. [6] [2012]eKLR [7] Tribunal for the removal of the President of the President on grounds of incapacity. [8]This is in relation to the county governments and the relationship between the different levels of government defined by the constitution. [9] Article 165(4) of the Constitution [10] No. 19 of 2011 [11] Gazette Notice No. 16268. à ¢Ã¢â€š ¬Ã…“Practice Directions on Proceedings relating to the Environment and the use and Occupation of, and Title to Land. [12]Number 11 of 2007 [13]Number 14 of 2007 [14]At a Seminar for Continuing Legal Education (CLE) held at The Imperial Hotel, Kisumu in 2013.

Imagery In Their Eyes Were Watching God - Free Essay Example

Sample details Pages: 2 Words: 645 Downloads: 2 Date added: 2019/06/14 Category Literature Essay Level High school Tags: Their Eyes Were Watching God Essay Did you like this example? Their Eyes Were Watching God was published in 1937 and to this day is still a notable piece of literature. The novel faced lots of controversy when it was first published from both blacks and whites. African-Americans did not feel that the book accurately portrayed the harsh life and conditions blacks faced at those times, and whites thought it was used as a civil rights movement. Through all the backlash and hate, Hurston was able to power through with her book making it her magnum opus, and still being relevant after 80 years. Their Eyes Were Watching God has an immense use of imagery, being able to describe everything as if you are right there along with her. What makes her work so profound is her use of imagery comes with lots of symbolism. The peartree, horizon, sky, and sun are each uniquely described and have their own meaning correlating with the theme and message of the book. Don’t waste time! Our writers will create an original "Imagery In Their Eyes Were Watching God" essay for you Create order The pear tree along with the sky and bees have lots of special meaning to Janie, because it was her first experience of sexual awakening prior to her first kiss. While under the pear tree in chapter 2 Janie first starts romanticising about the perfect love and marriage, and from there on Janie just longs for that perfect relationship and affection. While under the pear tree she stares up into the sky and notices the bees gathering pollen and mentions about her own glossy leaves and bursting buds meaning her mind had opened up to new things like her sexuality. The pear tree contributes to the theme because throughout the book Janie battles with finding the love she longs for and to not feel empty, but in the gets through it only relying on herself. The horizon is mentioned various times throughout the book too and the Janie is symbolized all the opportunities and goals, which for her was real romance, sexual satisfaction, and a loving marriage. Janie first mentioned the horizon in ch. 1 Ships at a distance have every mans wish on board. For some they come in with the tide. For others they sail forever on the horizon, never out of sight, never landing until the Watcher turns his eyes away in resignation, his dreams mocked to death by time. That is the life of men. Janie struggled to reach the horizon going through two men thinking they could give her what she wanted. It is not until Janie meets Tea Cake that she finally reaches the horizon becoming content with life. The sun had two different meanings, but that correlated with each other and Tea Cake. When you are someoners sunshine you are their happiness and bring lots of positivity to them. That is exactly what Tea Cake did to Janie, he finally made her happy with life. The sun was also used as giving a new day since the sun rises and sets everyday. The sun added to the theme of life goes on and it is exactly what Janie had to realize. When Tea Cake died Janie was hurt, but she continued on remembering him and the sunshine he gave her. Their Eyes Were Watching God is filled with symbolism and imagery such as the pear tree, sky and bees meaning Janiers image of romance and the marriage she dreamed of. The horizon was all the opportunities in life which seemed so difficult to achieve to Janie, but she eventually did. The sun, is what gave Janie her happiness which was Tea Cake, and after his death it continues. Each symbol added onto the theme of how Janie struggled to find what she wanted, the opportunities, and once reached Janie finally realized she was actually happy with herself. The novel shows how much self love and worth is vital, instead of forcing others to make you not feel alone and never being happy in life.

Elvis Presley Quotes That Reveal the Man

Elvis Presley broke all conventions of good performance as he rose to huge fame in the 1950s. He was a good boy turned bad. He was the master seducer whose stage performance was all about making provocative dance moves. Women swooned over his drooped glance, his hip thrusts and come-hither gestures. He was flirting with a million women at a time. And each woman felt that Elvis had eyes only for her. That was the power of his persona. And then came his music. Presleys music style was revolutionary. At a time when racial segregation and disparity among black and white Americans loomed largely, Presley taught tame, white Americans how to love black music for its upbeat rhythm, wild energy, and power. Television sets had burst onto the scene just before Presley did, and suddenly American teenagers had access to the sexually charged, rebellious music that Presley brought to the fore. This was exactly the kind of person American parents wanted their kids to stay away from because they considered him a bad influence on their kids. And what did the kids want? Well, they wanted to rebel. They wanted to step over the line, shed their decency and express their sexuality. Presley helped them with that. Naturally, they had found their king. He was known simply as The King or Elvis, such was his enormous fame. There is more to Presley than just his repertoire of songs. Known as the living legend in rock n  roll, Presley revolutionized the way the world understood and loved music. Presley died in 1977 at age 42 at his mansion,Graceland, in Memphis, Tennessee. Impersonators of The King and rock fans have continued to keep his memory alive. If Presley continues to live in your heart, you might find his voice reverberating with these quotes.   Childhood and Family My mother, she never really wanted anything. She stayed the same through it all. There are a lot of things thats happened since she passed away. I wish she could have been around to see them. It would have made her very happy and proud, but thats life, and I cant help it. I dont know why she had to go so young. But it made me think about death. I dont feel Ill live a long life. Thats why I have to get what I can from every day. I never felt poor. There were always shoes to wear and food to eat -- yet I knew there were things my parents did without just to make sure I was clothed and fed. Hollywood The only thing worse than watching a bad movie is being in one. Hollywood had lost sight of the basics. Theyre a lot of fancy talkers who like to pigeonhole you. Being a Rock Star The image is one thing and the human being is another. Its very hard to live up to an image. Im so lucky to be in the position to give. Its really a gift to give. People ask me where I got my singing style. I didnt copy my style from anybody. Country music was always an influence on my kind of music. Philosophy Then I can sit on my back porch at Graceland and remember the good ol days. You only pass through this life once; you dont come back for an encore.

The Issue Of Gay Marriage - 1241 Words

As the months pass by, the lesbian, gay, bisexual, and transgender (LGBT) community is getting tired of the same arguments in court. They as well as many other Americans are waiting for an answer. Although the solution to this public crises is to let them have their rights, many opposing people classify their arguments as correct or valid. However clear the answer may be, it has yet to be confirmed by all the states in America. Some major factors that lead to this conflict is whether homosexuality violates any religious morals, it deprives a child from either a mother or a father, and that it goes against natural law when choosing to be gay. This paper will address these claims and distinctly ensure why the LGBT community deserves its request of happiness. The most commonly used reason to go against gay marriage is that it goes against the word of God. Leviticus 20:13 says, â€Å"If a man lies with a male as with a woman, both of them have committed an abomination; they shall surely be put to death; their blood is upon them.† This is a weapon in battle for most religious people arguing against gay marriage. What they fail to notice is that the 21st century is of a completely different time era than from the ages of the Bible. If America were to go by this allegation from the Bible, all other accusations should be attended properly. People who are working on Sundays, eating pigs, committing gluttonous actions, cutting their hair regularly, growing a garden of various plantation,Show MoreRelatedThe Issue Of Gay Marriages1028 Words   |  5 Pages1101-113 September 2, 2015 The Issue Of Gay Marriages Through The Eyes Of Sociologists Gay marriages have been an ongoing event in the United States for many years. It was not until June 26, 2015 when gay marriage was legalized for all states with a five to four ratio. With gay marriage being legalized, there became many controversies in the nation. The most recent controversy was when a Kentucky county clerk was jailed after defying a federal court order to issue marriage licenses to a same-sex coupleRead MoreGay Marriage and Its Issues1260 Words   |  6 PagesGay Marriage and its Issues Gay marriage has been an issue for a very long time and since some states are legalizing it, many worry that it would soon be added as an amendment. The topic of gay marriage brings up religious, legal, and many other issues. In Whats wrong with Gay Marriage? by Katha Pollitt, the author supports gay marriage and wants it legalized. She states that there is no problem with gay marriage and its all a matter of separating the church and state. But in â€Å"Gay ‘Marriage’:Read MoreThe Issue Of Gay Marriage1191 Words   |  5 PagesChristina Abreu Professor Peter Lamar Introduction to Classics in Philosophy 6 November 2014 Gay Marriage Thomas Jefferson wrote about â€Å"unalienable rights† in The Declaration of Independence. What he meant was there are rights that are given to us as human beings and cannot be taken away by the government. â€Å"Life, Liberty and the Pursuit of Happiness† are among those rights that are being suppressed against same sex couples. Their right to pursue happiness with their significant other is taken fromRead MoreIssue of Gay Marriage1216 Words   |  5 PagesThe Issue of Gay Marriage Summary This essay debates the issue of same sex marriage in the United States. It considers the pros and cons and examines the constitutional issues involved. Introduction Two strangers become friends and later fall in love. They tell their friends and family that they have each found their soul mate and they intend to get married as soon as possible. There is only one issue preventing them from getting married, not financial issues, and there are no love trianglesRead MoreThe Issue of Gay Marriages918 Words   |  4 PagesGay marriage has come to be a pressing topic in the contemporary society as more and more individuals get actively involved in discussing it. Individuals who oppose same-sex marriage are typically inclined to bring on a deontological argument or to say that legalizing the act might bring on other issues. In contrast, people who support gay marriages focus on matters related to human rights and justice. The arguments generated by each of the sides are certainly thought-provoking and it is very difficultRead MoreThe Issue of Gay Marriage864 Words   |  3 Pagesâ€Å"The issue of gay marriage is one of many fronts. Looking into th e nation’s past, an individual will realize that depriving anyone of free will and/or rights they feel they should have doesn’t work. A critical argument against gay marriage, is that being gay is a â€Å"choice† therefore it shouldn’t be promoted and spread. This is false because one who is truly homosexual is naturally sexually attracted to the same sex. A heterosexual male cannot just make a choice to engage in homosexual intercourseRead MoreThe Issue Of Gay Marriage2127 Words   |  9 Pageslonger us as Americans fighting a common enemy such as England, it was now Americans vs Americans. Multiple issues such as gun laws and religion have separated the United States since its creation. Though recently, the main issue that has caused a divide in the American population is the issue of gay marriage. In the past year the most important piece of legislation in favor of gay marriage and equal rights was created, and it all spurred off of a single court cas e. Obergefell v. 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I prefer women, but I think what two grown people do in their bedrooms is their private moral, and legal business. Just like a straight couple thatRead MoreThe Issue Of Gay Marriage2016 Words   |  9 Pagesthem. Christians for example do not believe in gay marriage. It is not part of their truth and most likely never will be. This is because they believe in the bible, and a god (higher power) which tells them that gay marriage is wrong. They use this information to decide what their truth is and how they will live out their lives. On the flip side of this there are many people who were raised, or influenced by people who are completely fine with gay marriage therefore those people whom they influence (the

Scarcity and Opportunity Cost of Being a Student Free Essays

EMatthew Aqui Econ 131-Online Steve Moody 2 November 2012 Scarcity and Opportunity Cost of Being a Student Scarcity and opportunity cost is something that the entire human population faces every day. Without scarcity, opportunity cost would cease to exist and the choices that people will have to make will always be easy because there would be no hard decisions or trade-offs. It is something that impacts society today because the choices that people make will be based on what they need or want. We will write a custom essay sample on Scarcity and Opportunity Cost of Being a Student or any similar topic only for you Order Now Whatever they choose to do, they will sacrifice an opportunity cost. Human needs will always be unlimited but the resources needed to meet those needs will always remain limited. But what exactly is scarcity and opportunity cost? First off, scarcity is an economical problem in which people who will always have unlimited wants and needs, will also face a limited amount of resources. Scarcity is something connected to all economical decisions because it is a worldwide problem. People have to make hard choices to decide what to receive and what to discard. This is where opportunity cost comes in. Opportunity cost is the next best choice that he or she decides not to do because of a better choice. It is something that people give up to get something else that they want even more. From what can be said of scarcity and opportunity cost, both fit in very well together. Scarcity forces people to make tough decisions on limited resources which lead to opportunity cost. Decision making will always be hard when people cannot always have what they want. Because resources are scarce, people will most likely choose the thing in which they need more. For example, if the price of a PC and a flat-screen HD TV were both on sales, people would have a choice of buying either one. If a person has enough money for only one, that person has to make a tough decision. If he or she chooses to buy the PC because it was the better alternative due to productivity and daily applications, then the opportunity cost of buying the PC is to not receive the TV and lose the chance to buy the TV at a lower price. In addition, my personal application of scarcity and opportunity cost is something I can relate to especially as a student in college. College is very expensive especially with the cost rising. But I choose to go to college because of the benefits it provides for me for the future such as receiving a college degree to find a job. My other choice is to not go to school but to start working already. I can save up on money I do not have at the moment and use it to either live off of or save up for college later on. I could also choose to go to school and to work. The benefits are really great by getting an education and to also have an income. The costs to it is that I have to sacrifice other things such as having a recreational time with friends and family in order to make time for both school and work. At this point, I choose to go to school because I feel that getting an education early and going into the work force as soon as possible is my best option. If I were to work now and not go to school, I would have to wait before I can get my degree and wait even longer before I can find a job in my major. I feel that by only going to school, I will have more time to study which will benefit me even more by doing well in school. I would have less things to worry about. Scarcity is something that everyone is going to face in their lives whether it’s important or recreational. Sometimes we have to sacrifice certain things to gain the most out of something. We cannot always have everything that we want so we use the concept of an opportunity cost to help us decide which choice is the better one. One way to narrow down our opportunity cost to look at the things we want and the things that we need now. How to cite Scarcity and Opportunity Cost of Being a Student, Papers

The Role of Nature vs Nurture in Violent Behavior free essay sample

Renee Gurley It can be argued that Bobby Boucher was aggressive because of an overbearing mother. However, in another way, it can also be argued that he showed such aggression because of the abandoning father and the criticizing students at his school. Although a silly and maybe even dull-minded movie, 1998’s â€Å"The Waterboy† does shed a bit of light on the argument of nature vs. nurture in relation to violent behavior. A debate that has been a hot topic for decades; there are two highly popular theories: Violence is a natural phenomenon that should be treated, or violence is a learned behavior that children should be taught to avoid. Before making an assumption or decision, onlookers of the debate should consider how genetics may come into play in the behaviors of individuals, how environment may affect an individual’s behaviors, and how they both may interact to create violence as a whole. In order to understand the amount of effect that serotonin has on violent behavior, it is important to break it all down â€Å"to a science. Serotonin is a natural hormone that acts as an aid in transporting impulses throughout the nervous system. Mood is highly affected by this hormone, depending on the levels present within the body. For example, there are different reactions amongst different people to things such as traffic violations. One who has an adequate amount of serotonin in his or her body will react with a bit of annoyance, but no yelling. One who has an irregularly high amount of serotonin in the blood may react by yelling and even starting a fight with other drivers. Reif, Rosler, et ad. (2007) explain that abnormal levels of serotonin in the nervous system can result in misinterpretations of in everyday difficulties and situations, thus producing opportunities for individuals to react violently. Natural instincts are heightened to an illogical level. Defensive and offensive nature will be challenged by any negative stimuli. Although this may be described as a direct result of environment, it is the abnormalities within the neurotransmitters that cause the individual to over-react. As mentioned, abnormalities in neurotransmitters can mean that nerve impulses are received too fast or too slow by the brain. When this happens, individuals begin to react illogically, sometimes even violent. This is the moment when serotonin abnormalities become serious, thus making it a necessity to attempt to monitor these levels in any way possible. For example, pills are manufactured to regulate serotonin levels in order to monitor a variety of mood differences, including depression or violent tendencies. Although it is a common argument that either environment or genetic factors are responsible for violent behavior, the truth is that both are responsible in different ways. For instance, ability to handle difficult situations with ease and a calm disposition may come as a natural aspect of one person while another person with a similar lifestyle may be able to handle situations totally differently. Stress and anger management, though both can be taught to some degree, come naturally. However, environmental factors are responsible for different aspects of behavior. Much like genetic factors contribute to an individual’s ability to handle situations without succumbing to violence, environmental factors will inevitably give individuals the opportunity to learn malevolent behavior. Whether it is simply a learned activity, such as a family prone to violence, or an act to communicate bitterness toward the outside world, environmental hardships are a brutal attack on any person’s ego and behavioral patterns. However, it is often disregarded exactly how much of an effect the environment has on a growing child’s behavior, attitude, and disposition. According to â€Å"Environmental Causes of Violence† (2009), â€Å"The role of exposure to environmental contaminants has received little attention as a factor predisposing to violent behavior. † This is a regular problem because parents tend to want to deny that they must suppress violence or bad behaviors in front of their children. They want to keep old habits and, in order to justify this, they refuse to believe that young children pick up on what their children are seeing. They believe that any malicious or negative behavior that they are taking place in while their children are young can easily be changed as the child grows. However, these behaviors often go unchanged and the children grow up to adopt them. Even though people tend to close their eyes and minds to painful past events, it is crucial to understand that these events are those that build up every person’s personality, whether or not he or she remembers them. No matter what happened, it will inevitably give birth to future problems that are particular to that one event. For example, sexually abused children will grow up with trust issues and issues with sex. Children with criminal parents will grow up predisposed to participating in criminal activity. Children that have been abused or even grew up in a violent environment will either come to adopt these activities or come to expect them out of life. This factor alone is one that contributes to ever-increasing amounts of violent activity or even murders in today’s society. However, witnesses of violent behavior are not the only ones who adopt such tendencies. Simply an environment with a negative reputation can lead to children growing up to learn that there is no better. They learn to accept this life that they are unhappy with, and proceed to act out because of their frustrations. Although violent behavior should be the focal point when attempting to better the environmental of children and teenagers, changing these factors at a young enough age can also stop the production of certain psychological problems before they are produced. Depression, with its ever-growing victim count, is hugely dependent on the environment that the victim has been forced to live with. Whether it be an unaccepting family or an abusive environment altogether, indifference or loss of hope can lead a person to a severely depressed sort of life. In addition to depression, lower IQ or shorter attention span are two unfortunate results of growing up in an environment that is indifferent or discouraging. Despite the numerous debates attempting to give credit to one or the other, both â€Å"nature† and â€Å"nurture† have sufficient evidence to support themselves, thus leading to the conclusion that both share responsibility in violent or criminal behavior. As mentioned, both affect every individual in different ways. For example, S. A. Mednick conducted experiments amongst children and their adoptive and biological parents. The Lancet,1995) In these experiments, Mednick found that adoptive children shared certain tendencies with their biological parents. He found that parents who had a criminal record always had children with at least one conviction, although rarely violent crimes. This experiment is a shining example of how, even though children inevitably gain certain behavioral aspects from their parents, they are in no way predisposed to become violent. It is simply easier for children with criminal or violent people in their gene pools to succumb to violent impulses. However, it is largely the environment that gives way to these impulses. A negative atmosphere just may send one with the right â€Å"genetic code† over the edge, thus resulting in one of the heinous crimes that are often on television and headlines. Although the amount both environmental factors and genetic factors affect the mental tendencies of each individual, it cannot be denied that both share responsibility for behavior in some way. Genetic factors may affect an individual’s predisposition to violence while environmental factors may affect a person’s actions. However, if the conditions are just right, both can be combined to create the violence that is ever-present in today’s society. Environtal Causes of Violence. (2009). Retrieved from http://www. ncbi. nlm. nih. gov/pubmed/19758571 Is it all in the genes?. (1995). The Lancet, 345(8948), 466. Reif, A. , Rosler, M. , Freitag, C. M. , Schneider, M. , Eujen, A. , Kissling, C. , . . . Retz, W. (2007). Nature and nurture predispose to violent behavior: Serotonergic genes and adverse childhood environment. Neuropsychopharmacology, 32(11), 2375-83. doi: http://dx. doi. org/10. 1038/sj. npp. 1301359

A Matter of Taste free essay sample

Alex La Guma’s short story â€Å"A Matter of Taste† talks about the post-apartheid social relationships and conflicts between the mixed races, also known as the coloureds and the whites. Through the observation of John, the narrator, the American Dream is interpreted differently by Whitey and Chinaboy; in other words, by the wealthy and respectable whites and the poor non-whites. Throughout the short story, various examples of characterization and contrasting imagery suggest that even if Chinaboy and Whitey are both victims of apartheid, the racial discrimination is still going to stay; approaching the American Dream doesn’t seem as easy to thoughtful Chinaboy than it may be for the naive Whitey. Despite the differences in their social relationships, Chinaboy ultimately comes to a realization that he once had similar dreams as Whitey does now, which is to live the American Dream. It may have been harder for Chinaboy but since Whitey’s race is more accepted and respected in the world, it may not be as tough for him to pursue the American Dream, so making him aware of the hardship he may have to face, Chinaboy decides to help Whitey. We will write a custom essay sample on A Matter of Taste or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page In this piece of literature, the author portrays different types of characters. Whitey, who can be categorized as a flat character, has a very optimistic yet uncritical thinking of the American Dream. He simply just wishes to â€Å"Maybe get a job on a ship an’ make the States† (253). Whereas, railway worker Chinaboy, who can be classified as a dynamic character has an ironic interpretation of the same lifestyle. While sitting in a dirty forest and having coffee, he reminds himself of an image of fancy food from an American book and then shares his experience of the time when he served as a waiter â€Å"In one of that big caffies. † (254), explaining the hardship he had to go through. Though his whimsical and thoughtful opinions made it seem as if the American Dream to him was merely a representation of reality, it was also seen that at the end of the story there occurred a sudden change in his characteristics. While being nostalgic and talking about his experiences in the past, Chinaboy hinted it to Whitey that running after the American Dream is not as easy as he is taking it as. John, the narrator and Chinaboy, who are railway workers, are satisfied with coffee on â€Å"scoured condensed milk tins† (253) just to relieve their hunger find â€Å"baked bread with cawfee† (253) to be a piece of luxury. On the other hand, Whitey corrects them saying that â€Å"Hot dogs go with coffee†. This simple conversation and use of imagery of food shows how there is a huge gap between reality and fantasy. Later in the story, in between conversations about food, Chinaboy suddenly gets angry and says out loud that â€Å"it’s a matter of money† (254) rather than a matter of taste, making an attempt to let Whitey know that life in the America is not just luxury, as the more experienced one. Throughout the story, Chinaboy and Whitey continue on comparing their own lifestyles with the ones of the Americans. Whitey is extremely hopeful of achieving the American Dream. Chinaboy, on the other hand, makes Whitey look frivolous when he brings to mind the experience he and John had at the time when they were struggling to live the desired life. But it did not change Whitey’s mind, he still remained stubborn and looked beyond the hard work he will have to put on. He assumes that he won’t have to struggle the way John and Chinaboy did because of the racial discrimination; Chinaboy also thinks the same to some extend but he does not directly say it, rather shows it by making the effort to help Whitey to hop on the train to Cape Town. â€Å"The silhouetted tops of the wattle and portjackson looked like massed dragons† (254), such description of the nature by the narrator reflects the fear and intimidation imposed on Chinaboy and John by the apartheid state. The segregation of the coloured from the whites has made a huge impact on their lifestyles, social relationships and desires. Chinaboy and John are used to the way their lives are, they have worked hard all their lives in order to achieve a little and they expect to continue on doing that because they do not expect any more for being non-whites. Unlike Whitey, they do not have the option to start off their lives brand new and fresh somewhere else, because they will still be treated the same wherever they go. Whitey assumes the same, that’s why every time Chinaboy mentions how tough life in Cape Town was for him and the amount of pain they went through, it does not change Whitey’s mind, he still believes that if he manages to escape to the Americas, his life is going to be about fancy food, money and luxury. After reminiscing of the old times over multiple tins of coffee and cigarettes at the camp, Chinaboy comes back to reality and tells Whitey, â€Å"There’s a bend where it’s the best place to jump a train. We’ll show you. † (254) and helps him to jump on the train. The narrator describes the headlamp of the train as â€Å"a big yellow hole in the dark. † (255) which symbolizes hope. Chinaboy is very much aware of the racial discrimination that is going on and that’s what makes him hopeful for Whitey, he understands that even though they are all victims of the apartheid, the only person out of the three of them who has some luck towards the American Dream with minimal effort is Whitey, mostly because he is white. La Guma’s piece of writing â€Å"A Matter of Taste† is a brilliant piece of literature that says a lot about the way the apartheid has affected the people in South Africa. Using only three characters throughout the story, he has portrayed how racially divided the world was. Struggling coloured workers Chinaboy and John who worked their entire lives trying to earn a little to satisfy themselves come in contact with a naive and optimistic white boy named Whitey who wish to pursue the American Dream. Offering Whitey a tin of coffee, the other two tell him how struggling life would be in the Americas. But at the end of the day, Whitey is white and that’s all that matters. Even though they are all victims of the same political segregation, chances of Whitey achieving the American Dream is more than that of Chinaboy and John; being hopeful for Whitey, they help him board his ride towards his dreams.