The Rape of the Lock Essay Example for Free

The Rape of the Lock Essay The Rape of the Lock is an outstanding mock- epic in the English Literature written by Alexander Pope. It is considered a humorous poem, as well as a combination of the classical models of epic and satire. Since the poem is based on an actual incident among Pope’s acquaintances, he is persuaded to write the story to mock his friends so they do not take the situation too seriously. Besides, the author focuses on the upper class in London, which seems to have lost the value of important matters. First of all, it can be said that the upper-class characters portrayed in The Rape of the Lock, especially Belinda, are mocked because it seems that they are narrow-minded as regards their ideas about the society where they live and they do not take into consideration important subjects. In the poem, Belinda is so concerned about her beauty that when the Baron cuts a lock of her hair she gets furious: â€Å"Then flashed the living lightnings from her eyes, / And screams of horror rend the affrighted skies.†(canto 3, lines 155-156). Belinda feels frustrated not only because she is humiliated in public, but also because being beautiful in that society means power. Her anger can be related to the fact that ladies used to devote much time to their beauty, spending hours at the dressing table; the â€Å"altar’s site,†(1.127). Apart from that, dancing and playing cards were major events to win the heart of a gentleman. Similarly, men had no concern with significant matters either as they were interested in being powerful, getting more money and flirting with ladies. The Baron, for example, the male character in the poem, feels victorious when he cuts Belinda’s lock: â€Å"`Let wreaths of triumph now my temples twine, ´ / (The victor cried); `the glorious prize is mine!†(3.161-162). As the characters focus on trivial matters as if they are truly meaningful, their flaws and weaknesses are exposed in the poem. By means of exaggeration, the author pretends to make the readers laugh at their own defects to moralize some ideas in society. The pair of scissors given to The Baron by Clarissa is referred as â€Å"A two-edged weapon†(3.128) to make fun of the situation. In addition, the fact that Belinda’s hair is cut is not a serious incident but she is in despair since it is her valuable possession. In the poem, Clarissa states that although â€Å"frail beauty must decay, / Curled or uncurled, since locks will turn to gray,† (5. 25-26), it is important to keep a sense of humor. Similarly, The Baron is quite extravagant and exhibits a childlike behavior when taking revenge that he clearly proclaims: â€Å"So long my honor, name, and praise shall live!† (3.170). It is possible to observe that he is not able to accept the fact that he has been defeated in a game by a girl. Apart from that, the card game between Belinda and The Baron is perceived as a real battle between two armies, with â€Å"halberds in their hand† (3.42). As a conclusion, it is clearly shown in the poem how society has lost the ability to value what is really important in life. It seems that the characters cannot decipher between serious events and insignificant ones. The rape of Belinda’s lock of hair, for instance, is an unimportant incident since she could have experienced a worse situation. Moreover, it is worth analyzing this poem as it reflects how ridiculous any society can be when it takes into account events, which do not really matter in life. Individuals should open their eyes to be able to value simple things that happen in our daily lives.

The Inferno And The Perfection Of Gods Justice Religion Essay

The Inferno And The Perfection Of Gods Justice Religion Essay The Inferno was written in the early fourteenth century by Italian politician Dante Alighieri, the book is the first part of the epic poem the Divine Comedy and it is followed by Purgatorio and Paradiso. The book Inferno, which is the Italian translation for Hell, narrates the journey of its author through what he believes is Hell, consisting of nine circles of suffering underneath the earth. In his journey Dante is guided through the nine regions by the poet Virgil, who represents Human Reason, each circle in the book represents a different type of sin with a different type of punishment, varying according to the degree of offense they committed in life. In his trip through every one of these circles, Dante realizes and emphasizes the perfection of Gods Justice and the seriousness of each offense towards the creator of all life. Certainly, Dante as a Christian realizes the perfection of Gods justice; he is able to create a connection between a souls sin on Earth and the punishment he or she receives in Hell. In Inferno, Dante explains that God created Hell by justice, a specific example of this, might be when he was entering the Gates of Hell, he read on the entrance of the gate the sign that said, à ¢Ã¢â€š ¬Ã‚ ¦Sacred Justice moved my Architect I was raised here by the Divine Omnipotence (Alighieri Canto III, 5) undoubtedly, attributing the creation of Hell to God and his divine justice, and Gods divine justice is exactly what shapes Dantes nine circles of Hell and their punishments, depending on the severity of the sin, the soul is send farther away from God and closer to the Devil. In addition, Dante is conscious of the qualities of God, first that He is just, according to the Bible in Exodus 34:7, He will by no means clear the guilty also that He is merciful à ¢Ã¢â€š ¬Ã‚ ¦For God is love(Kershaw 1 John 4:8) and, in accordance with the Bible, it is also stated that Gods Justice is described as fair, when people receive justice, they receive the penalty they deserve, or they are repaid for the damages done to them, in the bible, justice is related to the Law of Moses, which the Lord gave to the people of Israel as a gift for their protection and well being in the Old Testament of the Bible(Justice). Psalms 96: 13 tells us that à ¢Ã¢â€š ¬Ã‚ ¦He [God] is coming to judge all people on earth with fairness and truth.(Kershaw) No doubt, Dante praises Gods justice in Hell O Sovereign Wisdomà ¢Ã¢â€š ¬Ã‚ ¦.How justly doth Thy power judge and assign!(Alighieri Canto XIX, 10-13) however, he will still along his journey show pity for the souls,à ¢Ã¢â€š ¬Ã‚ ¦how could I check my tears, when near at hand I saw the image of humanity distortedà ¢Ã¢â€š ¬Ã‚ ¦.Certainly I weptà ¢Ã¢â€š ¬Ã‚ ¦(Alighieri Canto XX, 21), and fear to Gods punishmentsà ¢Ã¢â€š ¬Ã‚ ¦and there we saw what fearful arts the hand of Justice knowsà ¢Ã¢â€š ¬Ã‚ ¦(Alighieri Canto XIV, 17), projecting to the reader an image of a vengeful and cruel God, who was punishing harshly all those sinners, these reactions from Dante makes Virgil scold Dante assuring him that Gods justice is divine and perfect. Who is more impious than one who dares to sorrow at Gods Judgment?(Alighieri Canto XX, 30).Therefore, as consequence of the magnitude of the offenses that are being punished in Hell, it is understandable that Dante depicts Hell as a place of perpetual pain and suffering. Starting on the Dark Wood, the Perfection of Gods Justice revolves around the entire journey of Dante. In the first circle with all the non-Christian adults in addition to unbaptized infants, Dante depicts the mercy and justice of God, many of the great heroes, thinkers and creative minds of ancient Greece such as Homer, Horace and Lucan are located in this circle, although they do not suffer, because of the honor and merits they gained in Earth and Heaven, they are hopeless and cannot gain their way into heaven, yet some of the major figures from the Hebrew Bible, according to Virgil, were liberated by Jesus following his crucifixion. In the second circle, Dante analyzes the power of love over desire; He describes God as merciful and caring, but Gods justice is more important, the lustful are located in this circle, they are the first ones to be truly punished in Hell, the souls are blown about to and fro by the terrible winds of a violent storm, without hope of rest. From the souls that are being punish here, Dante concludes that love should not be confused with sexual desires, even if the line that separates both of them seems really thin. Furthermore in the third circle are place those that are given out to carnal desires too, the gluttons who are to forced to lie in a vile slush produced by ceaseless foul. In this circle Virgil tells Dante that the souls trapped here will not rise again until the Day of the Final Judgment where he also describes God as just and fair à ¢Ã¢â€š ¬Ã‚ ¦on which the host shall come to judge all menà ¢Ã¢â€š ¬Ã‚ ¦(Alighieri, Canto VI,90). In the fourth circle the Hoarders and the Wasters, are being punished according to their sins in the same circle, they are carrying enormous weights, rolling them at one another, then in haste they rolled them back, and start all over again creating a vicious cycle. In this region Dante starts to feel pity for those souls and is shocked for the first time at the power of Gods justice. In the fifth circle are the two forms of anger located, the anger that is expressed and the one that is repressed, Gods Justice in this region is seen when Philippo Argenti is attacked by the other souls after he tried to grab Dante, much to Dantes liking, and when God sends his angel to open the gates of Dis. Dante learns from Virgil that as the story progresses himself has been less inclined toward pity, and thus the text asserts the infinite wisdom of divine justice, where sinners receive their punishment in perfect proportion to their sin and to pity their suffering is to demonstrate a lack of under standing. In level six begins a much more serious descent into the realm where the sins turn into more severe and the punishments are harsher. In this area are located the heretics, they are tormented in fiery tombs because of their denial of the souls immortality when they were alive, showing the reader once more how the seriousness of the offense towards God decides how He proportionally assigns the punishment. In the seventh circle, are located the violent, these sinners are separated in three forms, given that each kind of violence is different to the creator, one are the violent toward others, for example killing someone, these souls are punished in a river of blood, another are the violent against themselves, these are the ones that commit suicide, they are punished more painfully than the previous sinners, they change into trees and they can only speak if a limb is broken off and they bleed, as in life they sought relief through pain, they are now suffering in Hell and are constantly being hurt seeking relief. The third group of violent sinners, are the violent against God, these souls are the most painfully tormented souls of the group of violent, the blasphemers, sodomites and the usurers are placed on a burning plain while they are tormented by a rain of fire from heaven ceaselessly. Consecutively, the eight circle is basically full of malice and forethought , the majority of the souls that are located in this circle are evil and when they were alive they knew they were being evil, and did nothing to change their ways, therefore the seducers, panderers, simoniacs, fortune tellers and diviners, grafters, thieves, hypocrites, evil counselors, sowers of discords and falsifiers are place in this level, most of them serve painful punishments, Dante permits the reader to observe the perfection of Gods justice, because even when all these souls are in the same circle, they are punish in accordance to the severity of their sins. For instance, the fortune tellers and diviners are permitted to walk only with their heads backwards; the evil counselors are sentenced to walk inside a flaming tongue and the thieves are bitten by snakes and burst into flames until ashes remain, and from the ashes the sinner reforms painfully. As Dante gradually descents through every level of Hell, he finally finds himself in the ninth circle, this is the last circle and the most evil of all, the traitors and the Devil are located here, Dante divides this level in four regions, the Caina, the Antenora, Ptolomea and Judecca. The Caina is named after the biblical Cain, who was the first son of Adam and Eve, and who killed his brother out of envy (Kershaw Genesis 4 1-17). The second region is Antenora, is named for the Trojan prince Antenor, one of those in favor of returning Helen to the Greeks for the good of Troy, the third zone is Ptolomea, this region is named after the captain of Jericho, Ptolemy, who murdered his guests while they were being honored, and finally the last region is Judecca, Dante chooses this name because of Judas Iscariot, the apostle who betrayed Jesus the Son of God. In this circle Divine Justice doesnt have exceptions, because whether they betrayed their families, country, guests or the Son of God, they are all encased in ice, however their punishment is proportional, some of the souls are covered up to their necks, others up to their eyes, only Judas is covered up to his head completely in ice. Nevertheless, we cant evade the fact that Gods justice in the Inferno is created by a medieval mans intellect, and that his point of view on Divine Justice is influenced by his religious views, however, Dante, during his journey changes his attitude and he finally starts to observe the perfection of Gods Justice, he acknowledges how Divine Justice doesnt punish the souls in Hell harshly and cruelly, but the punishment is definitely a mirror of their sins, which ironically creates an eternal torment for the hopeless souls trapped in Hell. In conclusion, Divine Justice takes many forms in Dantes work, but each punishment is proportional to the seriousness of the souls crime, Dante started his journey feeling compassion toward the sinners and fearing Gods Justice, he descends through the nine circles of Hell, where he reflects, and begins to acknowledge the Perfection of Gods Justice. Each of the levels is different; the souls are punished according to the gravity of their offenses toward God, after Dante reaches Cocytus, which is the center of Hell, He continues to the Purgatory. The Inferno is only the first part of Dantes Masterpiece The Divine Comedy, and it is in this journey through Hell where Dante realizes the perfection of Gods justice, he will later experience in Heaven Divine Grace from God himself. Works Consulted Alighieri, Dante. The Inferno. New York, New York: NAL PENGUIN INC, 1954. 288. Print. This book describes Dantes visit to the lower realms of the next world BCC Writing Lab. Writing a Literary Analysis. Bellevue College, n.d. Web. 17 May 2010. . This source explains how a literary analysis should be written; it provides examples of different works and discusses how a thesis should be written. Birky, Beth. Literature and writing essay resources Analyzing a passage. Literary Analysis Guide. Goshen College, 08 2009. Web. 24 May 2010. . This source discusses ways to analyzed a literature piece and helps you to show more understanding of the text that is being read. Cachey, Theodore, and Louis Jordan. Renaissance Dante in Print. Main Exposition of Dantes Renaissance. Universtity of Notre Dame, n.d. Web. 17 May 2010. . This exhibition presents Renaissance editions of Dantes Divine Comedy from the Zahm, Dante Collection at the University of Notre Dame. This exhibit constitutes essential primary sources for both the history of Dantes reception during the Renaissance and the early history of the printed book. Cruz, Kristen. Literary Genres. List defines each of the genres included in Recommended Literature: Kindergarten Through Grade Twelve. California Department of Education, 30 Nov 2009. Web. 17 May 2010. . This source provides a brief description of all literary genres, does not offer links or details; additional sources needed Dantes Inferno. Dantes World. University of Texas at Austin, n.d. Web. 17 May 2010. . This source is an integrated multimedia journeycombining artistic images, textual commentary, and audio recordingsthrough the three realms of the afterlife (Inferno, Purgatory, Paradise) presented in Dantes Divine Comedy. Justice. American Bible Society. American Bible Society, 2010. Web. 17 May 2010. . This web site discusses the definition of Gods Justice according to the bible Kershaw, Simon. Bible The New Revised Version. Oremus Bible Browser. Division of Christian Education of the National Council of the Churches of Christ in the United States of America, 03 Mar 2008. Web. 17 May 2010. This source provides information about the bible with some verses helpful to comparing Gods Justice in the bible to Dantes book. MHS Composition Guide. Philosophical and Religious: The religious and ethical climate influences writers and their texts. Merryville School, n.d. Web. 17 May 2010. . This source provides basic descriptions of a variety of criticism techniques Wiehardt, Ginny. Types of Characters. Types of characters in Fiction. About.com Guide, n.d. Web. 17 May 2010. . This source provides the information we need to know about every type of character we need to know as we study literature

Movement of Goods and Freedom of Establishment Policies

Movement of Goods and Freedom of Establishment Policies INTRODUCTION In an examination of the various freedoms that are protected by the European Convention (EC), there are two that have provoked at different times praise and criticism, champions and conquerors. This paper will analyse that the roadmap that has been followed by the European Court of Justice[1] while interpreting EC Article 28[2] and EC A43[3]. Before splitting the discussion between free movement of goods and establishment, it is important to lay the foundation by an overview of the federalism debate that is natural to the EC and to Europe in general. The federalism question concerns the division of jurisdiction, power, and authority, between the central body (in this case the EC) and the individual states that are part of the central body. As the EC has developed, various autonomies have diminished. The ECJ is acknowledged as supreme, and Woods[4] notes that the court has expanded the Treaty into areas that were not envisaged originally, for example in Commission v Council[5]. The purpose of this paper then is to analyse the relationship between establishing a common market and respecting the autonomy and policies of individual states in the context of movement of goods and freedom of establishment. LEGISLATION? Craig[6] raises and interesting point with regards to the litigation on these points. In an effort to get true harmony, the simple solution would have been to issue Commission legislation which would have compelled the states to harmonise their laws. Craig blames the lack of speed in the Community for this failure, a situation which raises the question of the effectiveness of the courts as an adjudicator in this battle. While the ECJ do have jurisdiction, the decisions which will be examined presently have fluctuated as different times bring different concerns. The case-by-case approach is one that should surely be addressed by a legislative rather than a judicial body. Regardless of the lines that the courts have developed, there is surely a strong argument that they were not the right body for this job. It is important to understand what the individuals would be interested in gaining from the relationship. It is fair to say that the goals enumerated in the EC Treaty indicate that the Commission would want the maximum control in order to establish a common market, free of barriers. For the state, it cannot be expected that they will retain full autonomy; that would have been a sacrifice made when signing the treaty. The ideal situation though would be sufficient autonomy to be able to regulate so as to protect the interests of their constituency. WPJ Wils[7] summed this up in his article as â€Å"partial integration† which was described by him as the â€Å"pragmatic approach reconciling the desire for integration with the desire for government intervention†. The best alternative would be a clear and concise set of rules from the ECJ which would enable them to know for certain what they are and are not permitted to do; though this would be a poor substitute for the previous scenario. FREE MOVEMENT OF GOODS The EC Treaty is based in a large part around the development of a concept of a common market. A crucial aspect of this is the free movement of goods, with the apex being a market where there are no barriers and goods are sold in exactly the same conditions and situations in states a, b, and c. On the other hand, the states argue that to further the individual causes of their state, the national government must have the power to regulate, at least to a certain degree, the movement of goods. This section will deal first with Article 28 which sets out the boundaries of the intervention; it will then proceed to deal with Article 30 which addresses the interests of the member states. Intervention of the federal government. Article 28 states that: Quantative restrictions on imports and all measures having equivalent effect shall be prohibited between Member States. By itself this Article poses more questions than it answers; as such the interpretation of the ECJ is crucial. The attitude of the ECJ has been inconsistent when drawing the federalist line, although on certain points they have remained consistently pro central governance. The limited consistencies In Geddo v Ente Nazionale Risi[8] the ECJ took a broad view as to the nature of a quantative restriction, including â€Å"measures which amount to a total or partial restraint† of trade. Since Geddo[9], this has not been questioned, and it remains a firm foundation against the influence of national governance. Likewise, it has never been seriously doubted that the second part of Article 28 addressed measures that had equivalent results (MEQRs) and that national intervention could be struck down if the court deemed them to be an MEQR. The only question has been what constitutes an MEQR and this was largely resolved by Directive 70/50 which in Article 2 outlined the possible legislation that might constitute an MEQR. Discriminatory measures: national intervention rejected. On one point, it can be stated that the ECJ has awarded an overwhelming victory to the central government. This is where the restriction has a discriminatory element to it; for example in Commission v Italy[10] imported cars were compelled to go through a rigorous registration procedure. This was struck down as being a discriminatory restraint of trade. Likewise the court has struck down attempts by a state to promote domestic goods or efforts at price fixing. Indeed this analysis of the strict application to discrimination is included for three purposes only. First, to emphasise the first victory against state intervention. Second because of Commission v Ireland[11] where the court were content to ignore the prima facie pleadings of Ireland and examine the substantive result of their self interest promotions. Craig[12] points out that this is the theme which the ECJ have followed. The third reason is the indication that, not content with giving the central government a points decision, the ECJ have attempted to land a knockout punch. In Openbaar Ministere v Van Tiggele[13] the ECJ said that if a non-discriminatory attempt to fix prices affected even a single product adversely, the law would breach Article 28. The effect of this case is to throw down the gauntlet to states and make the dedication to an open market even more convincing. There is one way for the state to save a measure; by utilising Article 30. This provides that prohibitions can be saved on the grounds of public morality, public policy, public security, health and life, protection of national treasures, and protection of industrial and commercial property. On the face of this article, it seems to belay the earlier statement of victory for the common market. States have found though that utilising the article has major difficulties. Firstly, the courts have declared that the state has the burden of proof (Openbaar[14]). Secondly, as a general principle the list is exhaustive and cannot be added to over time Non-discriminatory measures In reality, it is hardly surprising that the ECJ has reacted strongly against discriminatory measures; the real battle ground has been measures that are applicable to both domestic and foreign goods. While A28 makes no mention of any requirement of discrimination, the Dassonville case obiter noted in paragraph 5 that there should be no need for discrimination in order to be caught by A28. Far from being simple, this field has been where the battle has been most fiercely fought. Cassis de Dijon In Rewe-Zentrale AG v Bundesmonopolverwaltung fur Branntwein[15] Germany invoked a rule that liqueurs were required to have a certain alcoholic content (regardless of nationality). The ECJ developed the Dassonville obiter to apply A28 to national rules that do not discriminate. Fundamentally, the ECJ summed up the approach in paragraph 14(4) by stating the principle of mutual recognition. Once a good is lawfully marketed in state x, it should be lawful to market it in any state in the bloc. This is a huge leap from Dassonville, a leap which on its face renders a national power helpless in the face of potential consequences. Craig notes[16] that in one step the ECJ places the states â€Å"on the defensive†. It can even be stated, and this paper contends, that this does not reflect the extreme state of affairs. An analogy can be drawn with company law in the United States. With no federal control, the states engaged in a race to attract companies to their shores. Delaware prevailed by offering such laws as provide minimum governance and convenient laws. The result has been that the companies have flocked to Delaware. The result of Cassis is that were one state to create a lenient set of laws, any product that passes muster should be accepted in every other member state. This ‘Cassis control’ leaves states not on the defensive, rather defenceless. Is there no limit to the ‘Cassis control’? This bleak state of affairs is not though one of total disaster. Cassis applies only so far as the ECJ rules that the boundary extends. The crucial term is what â€Å"affects the free movement of goods†? Weatherill and Beaumont[17] emphasised the potential for domination by listing a number of hypothetical situations where irrelevant regulations could be viewed as having a marginal effect on trade. The path the court has taken has been to draw a distinction between dual-burden rules where a product has to satisfy the rules of both state a and b, and equal-burden rules which apply to all goods after they have entered the country and so would not have been applied to the goods before. Cassis clearly governs the former; the crucial question is whether it also applies to the latter, for if it does then the national legislatures may as well take a white flag to the next European summit for their battle will be truly lost. The difficulty is that the court has been ambivalent on the issue with the court in Obel[18] stating that the cases were outside A28, while in Cinetheque SA v Federation Natioanle des Cinemas Francais[19] the court ruled that such a regulation could be within A28. The court it seems has resolved the matter in Criminal Proceedings against Keck and Mithouard[20]. The ECJ followed the initial article by E White[21], who contended that under the application of the article and to retain needed autonomy for the national legislatures, all equal-burden regulations should be outside the ambit of A28. On the face of it, this appears to be a boost for the states. Indeed, this would appear to grant back to the states the freedom and autonomy to regulate in this area, so long as the regulation applies to the characteristics of the goods and is not a regulation of the type that the goods would have had to satisfy in their original state. This though is not the complete story. The first point is that the decision in Keck[22] received a great deal of criticism, from scholars, practitioners and judges alike. While this doesn’t affect the decision, it has led to uncertainty in applying Keck[23]. The result has been that a new question has been raised as to what the courts meant when permitting regulation as to sale arrangements. A typical example comes from Societe d’Importation Edouard Leclerc-Siplec v TFI Publicite SA[24] where advertising was seen as a method of sales promotion and so outside the article. Meanwhile, in Vereinigte Familiapress Zeitungsverlags- und Vertreibs GmbH v Heinrich Bauer Verlag[25] the court held that because there was an effect on the product, it was within the ambit of A28. The opening section considered the range of scenarios from the perspective of the state, from ideal to least desirable. It is clear that the current jurisprudence provides the tae with neither the autonomy that it needs to protect the interests of the state, nor the certainty which would be needed in order to determine what the state may and may not regulate. Conclusion In conclusion what can be said about the line drawn by the courts? There is no doubt that the courts have used Dassonville as a launching pad for an assault on the autonomy of the member states. The only beacons of light for the state are the Keck authority, which has already been weakened by Gourmet and by academic criticism, and the policy exemptions which as has been discussed above will be interpreted strictly by the courts. The overwhelming conclusion must be that the line has been drawn in favour of the common market. FREEDOM OF ESTABLISHMENT The second element of the EC Treaty is the section concerning the freedom of establishment pursuant to Article 43. This goes hand in hand with freedom of movement, with the distinction that it applies to the right of individuals to maintain a permanent or settled place of business. Once again, the dispute at issue here is the battle between policies and a common market. It is conceivable that individual states may have concerns about allowing free establishment. Issues such as promotion of domestic small businesses and potential concerns about lack of qualifications are all issues which states may wish to regulate. This section will determine how the ECJ has reconciled these rights with the goal of a common market. In many regards there are parallels with free movement of goods and A28, as the crucial battle lines have been drawn over measures and regulations that are non-discriminatory. However, as before, the starting point must be those regulations that discriminate against new arrivals. Discriminatory tactics: any point at all? Unlike free movement of goods, the answer to this question is implicit within A43. The second paragraph clearly and explicitly states that an individual has the right of establishment â€Å"under the conditions laid down†. This was confirmed by the General Programme[26] which detailed the requirement that restrictive laws be removed. The point therefore is clear; the state may not discriminate against individuals entering the state for the purpose of to establish themselves as a company or in self-employment. Non-discriminatory measures? On a first reading of the article, the implication seems to be that non-discriminatory measures will pass muster. Indeed, the second paragraph states that the right must be acknowledged â€Å"under the conditions laid down for its own nationals†. Given the strict approach that the courts have taken in other cases though, it is worth examining whether they have held true to this definition or have developed it, much as they did with Dassonville in the area of free movement of goods. The early authorities appeared to bode well for the national authorities; in Commission v Belgium[27] the Advocate General stated that there was no need to analyse the question of proportionality because the law was non-discriminatory. A close analysis of this decision is not needed to iterate the importance of it. As long as a state could convince the ECJ that their law applied to everyone, they would still be able to control the establishment within their country. While they would be restricted, they would at least have a wide range of options open to them, and could exercise these options while retaining their autonomy and moulding them based on the needs of their constituency. The fight however, soon began to turn, at least with regards to the initial intervention of the ECJ. In Ordre des Avocats v Klopp[28] the court struck down a French law which applied to nationals and non-nationals alike. This could be excused, as the French law prevented the lawyer from holding a second office within the Community, which provided another ground to strike the law down. Nonetheless, the decision would have been troubling for the defenders of states rights and policies. The volte face was confirmed in Gullung v Conseil de l’Ordre des Avocats[29] when the ECJ ruled that a non-discriminatory law could be struck down if not sufficiently objective. Just as the Belgium case was significant for the states, so this was for the common market. Regardless of the overall result following a determining of objectivity and state policy, the decision meant that the court would investigate the reasons for the regulation. This by itself was a strike against the states autonomy and ability to self-govern. The hits just keep on coming for state’s rights. In the next section, there will be a discussion on the defences that a state can raise, indeed they are similar to those discussed for free movement of goods. Before that though, the ECJ has provided one last marker to further encroach on the states right to regulate. In Van Binsbergen v Bestuur van de Bedrijfsverenigning voor de Metaalnijverheif[30] the court ruled that upon finding a non-discriminatory restriction to fall within A43/59 (the test was originally used in the context of free movement of services but has been extended to establishment) the state will have to show that it can be objectively justified in pursuance of a public interest. On the one hand this is a positive step for the states as the ECJ is recognising their right to regulate under certain circumstances. The difficulty is that not only is an objective standard required, a standard that will judge the state not merely on what is best for that state, but also that the ECJ was prepared in Van Binsbergen[31] to hold that the measure was not sufficiently tailored to the particular aim of the regulation. For a state attempting to hold on to autonomy, this is arguably the worst possible result, to have the ECJ making recommendations about internal legislative functions. The other complication with this proportionality test arises from the complications for a state in assessing the likelihood of prevailing at the ECJ. Even on the question of what constitutes proportionality, the case law has mushroomed into a determination of the various factors that need to be taken into account. In Criminal Proceedings against Webb[32] the court made a list of factors that would be taken into account, including whether or not a similar test existed in the individuals home state. The re-claiming of territory lost As with free movement of goods, there are exceptions which the states can attempt to fit their regulations into. Once again, the enumeration of these in the Treaty (Articles 46 and 56) is both a blessing and a curse. On the one hand the court can at worse apply them strictly; they cannot remove the right to a defence from the members. On the other hand, the ECJ have used the enumeration to state that the at least for discriminatory measures, only those enumerated defences may be utilised (Bond van Adverteerders v Netherlands([33]. There is one area that the ECJ has deemed sacrosanct. A55 states that the rules on establishment are null and void when related to â€Å"the exercise of official authority†. In Reyners v Belgium[34] the ECJ held that this had to be related to sovereignty and† majesty† of the States. Unsurprisingly the states have seized on this to try and hit a metaphorical home run by forcing as many measures through this loop-hole. It is possibly because of Luxembourg’s wide ranging approach to the Reynors[35] case that the ECJ drew the narrowest possible interpretation emphasising that simply because a profession exercised some official duties, the entire profession could not be exempt. The official purpose exception may still be invoked but it will be an exception rather than the rule. In passing it should also be noted that the states do have some rights reserved to the. Under A43 there is express mention of the non-appliance of the article to citizens of that nation. Although the ECJ have wavered on this point, in Ministere Public v Auer[36] the ECJ held that the ‘foreign’ qualification was crucial. Thus there is nothing to prevent state a denying rights to their own citizens that to any other states citizen would be in breach of the article. This is likely to be a pyrrhic victory given that few states will have any desire to hinder their own citizens. Last chance saloon The final chance for the national authorities to claim some of the territory in this battle is with the ability to derogate that is contained in A46(1). The texts, in particular Barnard and Craig, set out the individual case law for each of the exceptions. This section simply focuses on the general approach in an effort to ascertain how helpful the derogation powers are to the national authorities. The first benefit that the states have is that it is not merely the ECJ who have commented on the derogations. Directive 64/221 Article 2 sets out the guidelines that must be followed. While the states may have hoped for more sympathy from the Commission than they received from the ECJ, they will have been disappointed. The articles merely set out a number of restrictions, including the point that the states cannot use it merely to further their own economic agendas. Indeed, the situation for the States is so unappealing that Craig emphasises (at788) that there is â€Å"little scope for manoeuvre†¦by the Member States†. Possibly the most illustrative case in this area is Van Duyn v Home Office[37] where the UK convinced the ECJ that they should be allowed to derogate in the case of an individual who was entering to work for the Church of Scientology. The ECJ ruled that it was irrelevant that the practice of this religion was not universally condemned. While this might encourage states, they would have been concerned by a later part of the judgement where the court emphasised that had she merely been a member the derogation would not have been permitted. In many ways this was typical of the ECJ’s approach to these case; advancing the cause of the States one step and with the same movement moving them two steps back. Equally illustrative was Bonsignore v Oberstadtdirektor der Stadt Koln[38] where the court took the sizeable stride of stating that past criminal convictions may not be enough to derogate from the articles. It I fair to say that this would frustrate any official in a State who would find that their hands were being tied, not on n integral international level, but on the basic and fundamental needs of national security. CONCLUSION The first conclusion is, and has to be that no definite answer can be given. As long as the federalism debate is answered by the ECJ and not the Commission, the answer will depend on the date of the cases and the environment at that particular time. It can be said though that regarding both free movement of goods and freedom of establishment, any regulations that are deemed to be discriminatory will be prima facie void and that it will be exceedingly difficult to persuade the court of the need for the regulation. Regarding non-discriminatory regulations, the situation also looks bleak for national policies with Cassis in particular emphasising central dominance. There are chinks of light within the Treaty itself and within parts of the ECJ jurisprudence. Overall though the path that the ECJ is taking leads in one direction only, and either they or the Commission will eventually minimise national policies to the point of virtual insignificance. Possibly the most clinical analysis can be found in Usher at 83 when he writes: It can hardly be denied that the Community now exercises considerable substantive powers which the Member States no longer exercise or lay claim to exercise- the exceptional cases being so infrequent as to be regarded as a major crises. BIBLIOGRAPHY BOOKS Barnard C‘The Substantive Law of the EU’ The Four Freedoms 1st Edition Published by Oxford Press Burrows F‘Free Movement in EC Law’ Published by Oxford Press Craig P /De Burca C‘EU Law, Text, Cases, and Materials’ 2nd Edition Published by Oxford Press Levasseur A‘The Law o the EU, A new Constitutional Order’ Published by Carolina Academic Press Rometsch D (edited)‘The EU and member states. Towards institutional fusion?’ Published by European Policy Research Unit Series Usher J‘EC Law and National Law. The Irreversible Transfer?’ Published by George Allen Woods L‘Free Movement of Goods and Services within the EC’ Published by European Business Law Library ARTICLES- GOODS Dirks K‘The Market Citizen: Economic Integration and Citizenship in the European Union’ Columbia University, 2005, http://www.columbia.edu/cu/polisci/pdf-files/dirks.pdf Gormley LW ‘Cassis de Dijon and the Communication from the Commission’ (1981) 6 ELev 454 Pitiyasak S‘Free Movement of Goods Within EU’ (17/12/2005) http://members.tripod.com/asialaw/articles/saravuth.html Steiner J‘Drawing the Line: Uses and Abuses of Article 30 EEC’ (1992) 29 CMLRev 749 Weatherill S‘After Keck: Some Thoughts on how to Clarify the Clarification’ (1996) 33 CML Rev 885 White E‘In Search of the Limits to Article 30 of the EEC Treaty’ (1989) 26 CMLRev 235 Wils WPJ‘The Search for the Rule in Article 30 EEC: Much Ado About Nothing?’ (1993) 18 ELRev. 475 ARTICLES- ESTABLISHMENT Lonbay J‘Picking over the bones: Rights of Establishment Reviewed’ (1991) 16 ELRev 507 The General Programme (1961) OJ Spec. Ed. Second Series IX O’Keefe D‘Practical Difficulties in the Application of Article 48 of the EEC Treaty’ (1982) 19 CMLRev 35 CASES- GOODS Case 22/70 Commission v Council [1971] ECR 263 Case 2/73 Geddo v Ente Nazionale Risi (1973) ECR 865 Case 154/85 Commission v Italy (1987) ECR 2717 Case 249/81 Commission v Ireland (1982) ECR 2717 Case 82/77 Openbaar Ministere v Van Tiggele (1978) ECR 25 Case 120/78, Rewe-Zentrale AG v Bundesmonopolverwaltung fur Branntwein (1979) ECR 649 Case 155/80 Obel (1981) ECR 1993 Cases 60 and 61/84 Cinetheque SA v Federation Natioanle des Cinemas Francais (1986) ECR 2605 Cases C-267 and 268/91- Criminal Proceedings against Keck and Mithouard (1993) ECR I-6097 Case 412/93, Societe d’Importation Edouard Leclerc-Siplec v TFI Publicite SA (1995) ECR I-179 Case C-368/95, Vereinigte Familiapress Zeitungsverlags- und Vertreibs GmbH v Heinrich Bauer Verlag (1997) 3 CMLR 1329 CASES- ESTABLISHMENT Case 352/85, Bond van Adverteerders v Netherlands (1988) ECR 2085 Case 2/74, Reyners v Belgium (1974) ECR 631 Case 221/85, Commission v Belgium (1987) ECR 719 Case 107/83, Ordre des Avocats v Klopp (1984) ECR 2971 Case 292/86, Gullung v Conseil de l’Ordre des Avocats (1988) ECR 111 Case 136/78, Ministere Public v Auer (1979) ECR 437 Case 33/74, Van Binsbergen v Bestuur van de Bedrijfsverenigning voor de Metaalnijverheif (1974) ECR 1299 Case 279/80 Criminal Proceedings against Webb (1981) ECR 3305 Case 41/74, Van Duyn v Home Office (1974) ECR 1337 Case 67/74, Bonsignore v Oberstadtdirektor der Stadt Koln (1975) ECR 297 1 Footnotes [1] ECJ [2] Formerly A30 [3] Formerly A52 [4] ‘Free Movement of Goods and Services within the EC’ at 2 [5] Case 22/70 [1971] [6] ‘EU Law, Text, Cases, and Materials’ at 582 [7] ‘The Search for the Rule in Article 30 EEC: Much Ado About Nothing? [8] Case 2/73 (1973) [9] ibid [10] Case 154/85 (1987) [11] Case 249/81 (1982) [12] ibid n4 at 588 [13] Case 82/77 (1978) [14] ibid [15] Case 120/78 (1979) [16] ibid n4 at 607 [17] ‘After Keck: Some Thoughts on how to Clarify the Clarification’ [18] Case 155/80 (1981) [19] Cases 60 and 61.94 (1986) [20] Cases C-267 and 268/91 (1993) [21] ‘In Search of the Limits to Article 30 of the EEC Treaty’ [22] ibid n20 [23] ibid [24] Case 412/93 (1995) [25] Case C-368/95 (1997) [26] (1961) [27] Case 221/85 (1987)

The Making of a True Person :: essays research papers

One day five years ago I meet a boy. This boy was special in every way possible, except with himself. He had always held back his feelings never sharing his thoughts with anyone. After a while this boy had grow close to me and we had started dating. The boy and I decided one day to call it off and just be good friends, but for the boy and I we didn't realize it but we had already grown to close. During a past years of being together we had dated on and off. Finding that ever time we split apart we had grown closer and could never leave each other's sight. Finally the boy and I decided to give it a long-term try, where we could talk out our differences and problems. I always knew that there was something he was holding back from me, but I could figure out what it was. The boy and I finally came to find that we loved each other not only as a couple, but also as a friend. We could always talk about what was on his mind and he would tell me little stuff such as: "I am just not happy with how things work in life." or "I can't understand how people do things like that." He would get upset so easily when he heard about parents forcing kids to believe in what the parents wanted them to against their will. I never understood why until one day when he decided to talk to me about it. When we first started to talk he told me first about the scar on his side, he told me how it wasn't a bullet mark that scraped across him but it was from when he had chicken pox. He told me about when he used to live in Bristol, and his dad was a Pasteur and how his dad had got to close to people in the church and they didn't like it so he was harassed until they moved here. His dad got his license for being a Pastuer taken away because of that. The boy said he w! as scared until I came along. He said that he felt he could trust me and knew he should give reasons on why he had hurt me before in the past. He felt that he should explain him self to me so that I knew how much I've done for him. He said I opened doorways

Jem as A Young Moral Man in To Kill A Mockingbird Essay -- To Kill a Mo

A young boy growing up during the great depressions and racial discreteness’ between a persons race, will be affected dramatically especially in the situation of having a moral father stand against what is wrong. Harper Lee in To Kill a Mockingbird helps mould the young childish Jeremy Finch into a young mature man. In the trial of Tom Robinson, Jem undergoes a change in the way he envisions Maycomb county’s people, as well as his own personal beliefs. Jem also learns a valuable lesson with his relationship and time spent with Mrs. Dubose during a one month period in her bedroom. The writer uses particular moments to show an alteration of Jem’s close interaction with Atticus. Harper Lee has definitely displayed the obvious changes and effects on Jem in particular moments in his life that have shaped him in to the person he becomes at the end of the novel. Jem demonstrates a drastic transformation from the exposition to the denouement. At the commencement of the novel, he engages in childish games involving Dill and Scout. However, as the story progresses, Harper develops Jem’s character and Jem begins to ignore and avoid Scout’s immaturity. He comes to realize that Maycomb County has a negative outlook on a person’s skin colour. Jem can be considered a young man by the end of chapter thirty-one because he experiences the truth of what was hidden from him as a child, Racism, intolerance and dishonesty. â€Å"It was Jem’s turn to cry. His face was streaked with angry tears†¦Ã¢â‚¬ËœIt ain’t right, he muttered†Ã¢â‚¬â„¢ (212). Jem went through a change in, a short period of time that several boys his age do not encounter in a similar way. Although, it is very normal for boys Jem’s age to be somewhat affected by events and people in their life. ... ...s. ‘â€Å"But to do something like this to a sick old lady is inexcusable.’ ‘I strongly advise you to go down and have a talk to Mrs. Dubose,’ (104). Atticus exhibits his willingness to teach Jem to never run away from his problems. It is Atticus who symbolizes a strong figure in Jem’s maturity, growth and change in the novel. During the course of the novel, To Kill a Mockingbird, Jem experiences an obvious transformation, through particular moments that have effect on the young man he is shaped into. Jem’s growth in the novel is apparent in his interactions with Mrs. Dubose and the Tom Robinson trial. He has distinct moments with Atticus that formulates his authentic personality. As a boy he does not yet understand the truth that little Maycomb County holds. It is through his change in age that he formulates vital morals that break the wall that hides the real world.

Nigger

Nigger is a derogatory term used to refer to individuals whose skin color is dark. Most of these people are of African descent. For centuries, the term nigger holds a negative implication, and in contemporary period is taken as a racial insult in most circumstances. Modern slang uses takes in a synonym for a person and an attempt to retrieve the word for black people, which continues to be a contentious subject. Former variations like â€Å"neger† or â€Å"negar† originated from the Spanish term Negro which literally means black, and in all probability also the French word nà ¨gre, which has also been used negatively, however it was also used in a positive manner such as in Negritude. Negritude originated from the term Negro. In French, they commonly use the term â€Å"noir† for black. â€Å"Negro† and â€Å"noir† alike (and consequently the terms â€Å"nà ¨gre† and nigger) eventually came from â€Å"nigrum†, the accusative form of the Latin term â€Å"niger† which means black. In Colonial America, the term â€Å"negars† was utilized in the year of 1619 by John Rolfe, illustrating the slaves which are being transported to the colony of Virginia, â€Å"neger† or â€Å"neggar† also exists in Northern New York as well as on Philadelphia. For an instance there is an African cemetery in New York which was initially known as â€Å"Begraafplaats van de Neger† which could be translated as â€Å"Cemetery of the negro† (Pearson, 2003). In US, the term â€Å"nigger† was not always believed to be offensive; rather the term is used by some people simply as a connotative of a black or dark complexion. In 19th century literature, the term nigger had been used in many instances without intending to use it in a negative manner. Charles Dickens and Joseph Conrad for one, authors of Nigger of the Narcissus† made use of the term nigger without having any bigoted intention. Mark Twain, another example, often uses the term in most of his works with Southern characters, white and black alike. However, he did not use the term when discoursing in his own voice in his autobiographical work, â€Å"Life on the Mississippi†. In UK, the term nigger was usually used to refer to individuals of individuals with Pakistani or Indian ancestors. They also uses it to denote the dark skinned foreigners generally. In 1926 â€Å"Modern English Usage† H. W. Fowler scrutinized that when the term was used to other people who is not a full blooded negro, they take the term as ome kind of an affront to their person. In 1800s, as the term nigger started to gain the derogatory implication it now have today, the term â€Å"colored† attained recognition as a better alternative to the term nigger and other related terms. Southern vernacular in most areas in US modifies the articulation of the term â€Å"negro† to â€Å"nigra† which is used in particular by Lyndon B. Johnson, a well-known advocate of civil rights. In North American English, the evolution from â€Å"negro† to â€Å"nigger† symbolized a previously prevalent sound change, in fact in the first editions of Noah’s Webster’s dictionary; he proposed the new spellings of â€Å"neger† for Negro. â€Å"Black† happened to be the favored term in English in the late 1960’s, and this prevails up to now. In US this has been replaced to some degree by African American, in any case in politically acceptable practice; this bears a resemblance to the term Afro-American that was in trend in the early years of 1970. Nonetheless, â€Å"black† remains to be in prevalent use as a racial description in US and is seldom considered as insulting. Nowadays, the term is often spelled as â€Å"nigga† or â€Å"niggah†, in simulation of the way in which some articulate it, there are also other variations of the term, intended to duck the term itself, this includes â€Å"nookah†, â€Å"nukka†, â€Å"nagger† and probably the most popular of them all â€Å"jigger†. However, â€Å"Nigger†, according to Professor Randall Kennedy is debatably the most significant racial affront in United States history, although, all together, it is a term that is reminiscent of the paradoxes and problems, catastrophes and splendors of the American experience. In fact, his work â€Å"Nigger: The Strange Career of a Troublesome Word† is at the middle of debates because of its controversial issues. It tackles questions among an assorted audiences of students and scholars of all cultural and national milieus in its search to discover how and why the term should or should not be used in today’s time (Kennedy, 2002). A large number of black Americans claim that the term â€Å"nigger† invokes within them certain hatred, resentment, aggression, repression, as well as a very appalling and ill-fated part of the US history. The word represents the perpetual sequences of individuals afflicted with abhorrence and bondage merely because of the color of their skin. Amongst black people, â€Å"nigger† is the most derogatory term in the English lingo. Even when contrasted to other racial insults such as â€Å"kike, â€Å"cracker†, â€Å"white trash† and the like, nigger is illustrated as the most horrible affront in the English lingo. The term â€Å"nigger† implies that black people are second class citizens, ignorant, and not as human as the whites are. Although many blacks and whites concur that the term should not be repressed from the English language, it definitely should not be used again by every people due to its historical importance. For an instance, black militants suppose whites ought not to use the term â€Å"nigger†. Conversely, the term â€Å"nigger† has been â€Å"domesticated† by black youths predominantly in the hip-hop culture. These contemporary adolescents maintain that it is merely a word and that people give words meaning and not the other way around. If such is indeed the case, the term â€Å"nigger† could be changed once in a while. In other words, youth in the hip-hop culture are maintaining that situation is the determinant of the meaning of the term â€Å"nigger†. Kennedy states the same line of reasoning regarding the use of the term â€Å"nigger†. He maintains that everyone, regardless of the color of ones skin, may use the word â€Å"nigger†, provided that the framework or the way it was used is apparent and proper (Kennedy, 2002). On the other hand, the historical importance of the term â€Å"nigger† is greatly rooted in American History. For an instance, Kennedy’s book illustrates historical examples of â€Å"nigger† in its derogatory milieu. Examples of these were when Michael Jordan was suspended from his school because a white girl called him a nigger and â€Å"Tiger Woods was tied up in kindergarten by his older schoolmates who called him nigger† (Kennedy 2002) and it is specifically due to this history that a large number of African Americans are supports the vetoing of the term from the English language. Even though the historical importance of the term â€Å"nigger† frequently sets off deep-seated antagonism in the African Americans, it has also gradually developed into an expression of endearment in today’s African American society. Accordingly, a fine line exists between the past and the present descriptions of the term that heralds the prospect of misunderstanding and the likelihood of further injury. Should the term â€Å"nigger† then be used as a way to express of endearment? Kennedy asserts that the term â€Å"nigger† should be used by everyone on the condition that no one be injured. According to Kennedy nothing is wrong with the use of the term nigger no matter what color your skin is. According to him, what should be of importance is the milieu in which the term is being used. Kennedy maintains that the context could influence how nigger is used, and to regard the word otherwise would change the term â€Å"nigger† into some kind of an obsession. On the other hand, Kennedy’s contention that everyone could use the term â€Å"nigger† is easily challenged because although the term is some kind of an obsession, it is still an obsession with no reason whatsoever. The term â€Å"nigger† produces a fixation for people because of its historical connotation. In other words, if the history of the term stigmatizes it, then how could the ordinary use of the term, even by those individuals who ring about its historical significance, produce a new meaning? Kennedy’s insinuation of individual’s using the word only with good intents illustrates his setting aside of the background of its past. Kennedy also asserts that background determines the meaning of the term â€Å"nigger†, nigger, according to him could signify numerous things, all depending upon, amid other things, intonation, the site of interaction, as well as the connection between the speaker and the one to which the term is being addressed. Kennedy, among other thinkers, maintain that African Americans use the term themselves, the fact that the term â€Å"nigger† has been and remains to be used by the African Americans themselves makes up a logical fallacy on the part of the African Americans because for them to believe that they could use the term undamagingly without question whatsoever while others could not use it is nothing short of illogical (Kennedy, 2002). In fact, Vernon Davis on his work, â€Å"The Sense and sensibilities of Using the N Word† stated that only when African Americans unite and insist that their society stops the use of the term in any milieu could they have the moral power to contend that the term not be used in any place or by anyone at all (Davis, 1999). This standpoint on the contention implies that the blacks, and not the whites, stopped thinking about their own history. There could be contentions claiming that rappers such as Jay-Z and comedian Alex Thomas, that the blacks took possession of the term and thus they are did not really stopped from thinking about their own culture, rather they are merely rewriting some part of it. In juxtaposition with the hip-hop culture, Kennedy asserts that the blacks are regaining the term and redefining it in so as to disrobe the term nigger of its initial meaning (Kennedy, 2002). For example, a performance on Black Entertainment Television, a cable system meant for black Americans, illustrated the term â€Å"nigger† as a â€Å"term of endearment, Davis also stated that in the African American society, the term â€Å"nigga† (not the term nigger) elicits a feeling of pride. The term, here, calls to mind a sense of community and oneness among Black Americans (Davis, 1999). A large number of teenagers I have talked with believe that the term does not mean anything or could not hurt a person when it is being used by a friend. However, when it is used by white people the word suddenly changes its definition or meaning. Alex Thomas could be noted saying that he does not want the whites calling him a nigger. This philosophy is in a way self-defeating. If only black people are making use of the term â€Å"nigger† and they are doing so in so as to achieve a conversion of power, the endeavor is useless because the hurt which accompanies the term has not yet been stopped. The whites, for an instance, still could not utter the term â€Å"nigger† without inducing some kind of an antagonistic response. If blacks have effectively transformed or domesticated or repossessed the term, than everyone then anyone would be open to use the term without concerning one’s self with matters of race, class, or perspective. And while this may actually be the final objective of redefining the term â€Å"nigger†, it is evidently not the case at today’s time. It is mainly due to this that Kennedy proposes that everyone should be allowed to use the term, in so as to avoid people from being held back from the use of particular terms, which would be a kind of suppression (Kennedy, 2002). However, historical importance looks like it weigh heavily on the mind of a large number of black people. For example, Shani Saxon (music editor of VIBE magazine) could be noted saying that white people makes use of the term in an insulting manner and she also stated that this is primarily the reason why they should not be permitted to use the said term, since it is insulting and it brings about unpleasant memories (Saxon, 2002). However, it is for certain that words do evolve, however history could never change the way words could. In today’s time, I found through my research and close examination that â€Å"nigger† is not an acknowledged word. Jay-Z among other artists makes use of the term in their music in order amuse their audiences, however, their use of the term does not necessarily mean that the term no longer holds any kind of power to hurt. Take into consideration Jay-Z’s song â€Å"Jigga my Nigga† or Eve’s â€Å"What y’all Nigga’s want?†, the said songs may appear harmless since they make use of the term in a milieu of amity and friendship, however, it could be maintained that while milieu could alter the meaning of the term, contexts or milieu itself could never modify history. Kennedy states that the term on speech or literature, while Kennedy may have a point on his assertion, one could not just pay no heed to history. The term â€Å"nigger† is very much stigmatized that redefining it entails that slavery and oppression never occurred, in spite of the fact and many other things which point that it did. Try to examine an account given by Jim Crow Museum of Racist Memorabilia, â€Å"The word Nigger carries with it much of the hatred and repulsion directed toward Africans and African Americans. Historically, nigger defined, limited, and mocked African Americans. It was a term of exclusion, verbal justification for discrimination. Whether used as a noun, verb, or adjective, it reinforced the stereotype of the lazy, stupid, dirty, worthless parasite† (Pilgrim, 2002). Truth is the present use of the term â€Å"nigger† could never be wiped away, changed, eliminated, or effectively redefines its authentic and appalling description. In truth, if the persistent use of the term â€Å"nigger† could eliminate it of its original meaning then by now it would be alright for a white person to call black people a â€Å"nigger†. However, a white person could never do that because of the deep-rooted history associated with the term. It is then very important that people come to an understanding that using the term in numerous instances does not alter or take the sting out of its original meaning, because, as already mentioned earlier, although words may change, its history could never be altered. In addition, this new use of the term does give â€Å"nigger† another connotation; probably the notion that language is the same could disprove the argument that history overrides the modern usage of the term. Even though there are several long standpoints which surround the controversy of the usage of the term, there actually is no right or wrong answer for using the term â€Å"nigger†. Works Cited Davis, Vernon. â€Å"The Sense and Sensibilities of Using the â€Å"N Word.†Ã¢â‚¬  Journal of National Association of Black Journalist. Fall 1999 (1999). Kennedy, Randall. Nigger: The Strange Career of a Troublesome Word.† New York: Pantheon Books, 2002. Pearson, Kim. â€Å"Nigger.† (2003). Pilgrim, David. â€Å"Jim crow Museum of Racist Memorabilia.† Fall 2002 (2002). Saxon, Shani. VIBE Magazine 2002.

Important Factors in Employee Motivation Essay

Important Factors in Employee Motivation The motivation of employees is one of the most vital requirements in the contemporary business development. People from all works of life may hold distinct views towards the topic that what are the radical motivating factors. Actually, it was salary that used to be considered as the most important motivators, as financial reward was comparatively proposed to be traded on impelling hirelings’ motivation, according to some early theories(Wiley,1997). However, some different factors of motivation, which now are universally favored by companies and conglomerates, may be more essential than personal emolument. This essay attempts to demonstrate these major factors in motivating employees, including empowerment, esteem demands and compensation in both physical and psychological aspects. Delegating more responsibility to workers is an efficacious way to increase job satisfaction, as well as employees motivation (Herzberg,1987 cited in Madura,2008). It means employees may be motivated by being involved in general affairs or being offered the power to participate in decision making, which can be equivalently called empowerment (Madura,2008) and this has been executed at numerous companies or by some notable people such as Warren Buffet. Once he left the investment in his manager and employees’ charge even without any periodical supervision, only in the case that the manager demanded to have a deliberation for exigent matters. Therefore,the personnels were empowered and they would devote all themselves to work, in order to accomplish a better consequence, since so colossal responsibility were on their shoulders (Luke,2011). Strikingly, it not only promoted the production but also increased employees’ enthusiasm and required capacity for later work. In addition, Tesco, a world famous conglomerate for commodity and service offering, also attaches importance to responsibility delegation. It stages informal discussion annually, deliberating salary raise with the workers and constantly adopt proper recommendations for food going onto the cartes in its restaurants from the staff. Employees thence be motivated to provide their enterprise with creative and proper ideas(The Times 100, 2010), cumbering with considerable duties. Equally important, esteem demands such as self-respect and respect from others,especially recognition for the works the employees have done can impel motivation to a certain extent. Full appreciation for hard work could helps erect self-esteem by concentrating on employees’ value for the firm and then the company may capacitate employees to reach their needs (Madura,2008). Nonetheless, although employees do need appreciation for work done, investigation illustrates that employers merely acknowledge recognition for employees’ work . Also, principles for presenting appreciation, consisting of description of required actions, explanation for appreciating and expressing gratitudes (Cherrington, 1992, pp. 2-3,cited in Wiley, 1997) should be followed, otherwise, it might be invalid. Take Tesco for example, it usually makes its employees feel satisfied in work by communicating with them regularly to help employees set individual goals and sum up the work they have done. What’s more,Tesco invites its workers to participate in a survey named Viewpoint every year, affording them the chances to present any opinions on nearly all fields of their work. T hus, employee motivation becomes higher as the value they have in various aspects are recognized and get the respect from their firms. Sufficient compensations related to employee outstanding achievement, can have positive effects on reinforcing employees because people will usually be motivated by being rewarded for their work. Financial rewards, together with non-financial factors, contributes to people’s getting into the swing of their job. For example, some firms like Enterprise Rent-A-Car Company offers bonuses to workers based on its profit and the average money that Nucor pays to its employees as premiums can even be more than the medial base salary(Madura,2008). Both of the two companies compensate employees with financial rewards. Apart from that,some non-financial factors may do a more adequate job of motivating workers, such as personal skill promoting and developing opportunities (The Times 100,2010). According to Maslow’s Hierarchy of Needs Theory, self-actualization is the final category to reach but beneficial to people if fulfilled. Best Buy organized a program to gather some employees to work and live together, getting trainings and texts. Meanwhile they were required to discuss to think of ideas for their goods sale. During this program, people who performed well in the groups can even had an opportunity to get extra management training and they then would be more likely to get promotion. Consequently, Best Buy motivated employees by promoting them with additional trainings as compensations besides pay raises and could enhance the enterprise’s creativity at the same time (Reena,2009 cited in Luke, 2011). Still some people, however, may insist on advocating salary as the most important factor in motivating. Although it is true that payment, as a kind of physiological need among five categories of Maslow’s Hierarchy of Needs, is the foundation that people depend on for existence, itwill not absolutely result in increasing of staffs activeness. Instead, inadequacy of hygiene needs will lead to employees’ dissatisfaction for work. Dissatisfaction dose not mean no satisfaction because â€Å"dissatisfaction† may produce negative influence while â€Å"no satisfaction† will just keep unchangeable(Herzberg, 1987). As a result, adequate salary will only prevent employees from becoming dissatisfied rather than motivating them. Furthermore, as market conditions have transformed speedily and innovation continues, most people do not just work for money to survive, but for experiencing the life and actualizing personal worth. In this case, salary may have almost little effect in motivating, compared with other motivators mentioned above. From what have been discussed above, motivation now is extremely a significant problem in management of business and companies all over the world and it is widely acknowledged that fundamental factors to motivate employees need to be correctly understand. Management practices in companies and theories published by experts both contribute to the fact that important factors in motivation are complex and more than just salary. Delegating responsibility to employees can empowers them to be more active in work and appreciating the work they have done will meet individual esteem needs, preventing them from feeling undervalued. While compensation includes salary raises and non-financial rewards both can affect employees job satisfaction related to motivation.