Wednesday, October 2, 2019

The Plague - The Black Death Essays -- Exploratory Essays Research Pap

The Black Death "The Black Death" is known as the worst natural disaster in European history. The plague spread throughout Europe from 1346-1352. Those who survived lived in constant fear of the plague's return and it did not disappear until the 1600s. Not only were the effects devastating at the time of infection, but during the aftermath as well. "The Black Death" of the fourteenth century dramatically altered Europe's social and economic structure. The plague was spread by fleas, which were not effected by the disease. Fleas first infected the rats, which lived off garbage and sewage. The rats then spread the infection to the humans. Rats were a common sight in the cities, due to the poor sanitary conditions, so no one suspected them (www.tartans.com). In the winter the plague seemed to disappear, but only because fleas were dormant then. Each spring, the plague attacked again, killing new victims (www.byu.edu). The effects of the plague were devastating. After just five years, twenty-five million people were dead - one third of Europe's population. Once people were infected they infected others very rapidly. As a result, in order to avoid the disease, many fled to the countryside where the lower population density helped to decrease the speed at which the disease spread (www.tartans.com). From a person's time of infection to his or her death was less than one week (www.home.nycap.rr.com). The plague became known as "The Black Death" because of the discoloration of the skin and black enlarged lymph nodes that appeared on the second day of contracting the disease. The term "The Black Death" was not invented until after 1800. Contemporaries called it "the pestilence" (Cantor 7). One third of a reg... ...ttp://www.byu.edu. 21 August 2002. "Bubonic Plague." http://home.nycap.rr.com/useless/bubonic_plague/. 21 August 2002. Cantor, Norman F. In the Wake of the Plague: The Black Death and the World It Made. New York: The Free Press, 2001. Gottfried, Robert S. The Black Death: Natural and Human Disaster in Medieval Europe. New York: The Free Press, 1983. Herlihy, David. The Black Death and the Transformation of the West. Massachusetts: Harvard University Press, 1997. "IATH: The Institute for Advanced Technology in the Humanities." http://jefferson.village.virginia.edu. 21 August 2002. Platt, Colin. The National Trust Guide to Late Medieval and Renaissance Britain. London: George Philip, 1986. "The Plague." http://www.tartans.com/articles/plague.html. 21 August 2002. Zieglar, Philip. The Black Death. New York: Harper & Row, 1969.

The Celestine Prophecy :: essays research papers

The Celestine Prophecy The Celestine Prophecy by James Redfield. More popular than The Bridges of Madison County, more philosophical than Socrates, and it rivals onlu R.L. Stein's Fear Street series in bad writing. It's a "novel of ideas" says Kenneth Moyle in his very critical essay "Why I Hate the Celestine Prophecy." "A novel of ideas;" that's a good phrase for this "novel." I read it twice during this assignment: the first time I thought he had great ideas and themes to live by; the second time I still thought he had great ideas, but a terrible way of presenting them. Moyle says "...for all intents and purposes, this is not a novel but rather a New-Age manifesto..." That just about sums it up. This is a great book for someone looking for direction and conflict resolution. However, if you're looking for a book with depth and literary merit, you'd be better off with Danielle Steele. First of all, Redfield's characters are more two-dimentional and unbelieveable than Barbie paper dolls. "The characters...are featureless mouthpiecesfor the monotone authorial voice," says Moyle. A major problem I had with reading The Celestine Prophecy was keeping track of who was who; the characters have little or no distinction between them, and it was a bit confusing because he keeps encountering the same people in different situations. Another thig is Redfield repeats himself and the insights, and I'm assuming he does it on purpose but it gets monotonous. Moyle calls it "considerate," but I think it's just plain repetative. The only way I got complete understanding was to make notes and think about it a LONG TIME. "This is not a novel to be tossed aside lightly. It should be thrown aside with great force," says Dorothy Parker. I don't feel that strongly about The Celestine Prophecy. "I think there is indeed something to this book," as says Moyle. I think the insights may actually have something to them. I know that our energies (positive and negative) affect other people, things, and situations. The insights helped me put it into a clearer perspective. The Celestine Prophecy :: essays research papers The Celestine Prophecy The Celestine Prophecy by James Redfield. More popular than The Bridges of Madison County, more philosophical than Socrates, and it rivals onlu R.L. Stein's Fear Street series in bad writing. It's a "novel of ideas" says Kenneth Moyle in his very critical essay "Why I Hate the Celestine Prophecy." "A novel of ideas;" that's a good phrase for this "novel." I read it twice during this assignment: the first time I thought he had great ideas and themes to live by; the second time I still thought he had great ideas, but a terrible way of presenting them. Moyle says "...for all intents and purposes, this is not a novel but rather a New-Age manifesto..." That just about sums it up. This is a great book for someone looking for direction and conflict resolution. However, if you're looking for a book with depth and literary merit, you'd be better off with Danielle Steele. First of all, Redfield's characters are more two-dimentional and unbelieveable than Barbie paper dolls. "The characters...are featureless mouthpiecesfor the monotone authorial voice," says Moyle. A major problem I had with reading The Celestine Prophecy was keeping track of who was who; the characters have little or no distinction between them, and it was a bit confusing because he keeps encountering the same people in different situations. Another thig is Redfield repeats himself and the insights, and I'm assuming he does it on purpose but it gets monotonous. Moyle calls it "considerate," but I think it's just plain repetative. The only way I got complete understanding was to make notes and think about it a LONG TIME. "This is not a novel to be tossed aside lightly. It should be thrown aside with great force," says Dorothy Parker. I don't feel that strongly about The Celestine Prophecy. "I think there is indeed something to this book," as says Moyle. I think the insights may actually have something to them. I know that our energies (positive and negative) affect other people, things, and situations. The insights helped me put it into a clearer perspective.

Tuesday, October 1, 2019

Learning Theorists

Learning Theories People have been trying to understand the learning process for over 2000 years. It was discussed and debated at great length by the Greek philosophers such as Socrates (469 – 399 SC), Plato (427 – 347 BC) and Unsettle (384 – 322 BC) (Hammond et al, 2001 This debate has carried on through the ages and still goes on today with a multitude of viewpoints on the purpose of education and how best to encourage learning to eventuate.Plato and his disciple Aristotle were Inaugural In this debate and asked if truth and knowledge were to be found inside of us, or whether they could be learned from outside by using our senses. Plato believed the truth would be found from within through reasoning, deduction and self-reflection and so brought about rationalism. On the other hand Aristotle believed the truth would be found through experience and founded the idea of empiricism and so these antithetical views were born.Aristotle approach was far more scientific compared to Socrates' dialectic method of discovery through conversations with fellow citizens. An approach that calls for discussion and reflection, as tools for developing thinking, owe such to Socrates and Plato (Hammond et al, 2001 Learning theory Is about learning as a process and how it may take place. It is about how information can be absorbed, processed and retained and the influence that emotions, environment and mental processes can have on acquiring, augmenting and modifying knowledge and skills.Having knowledge of learning theory equips teachers to better understand the multitudinous categories of learners they will encounter and the numerous strategies they can employ to create an effective learning environment. Although the Greek philosophers are considered to be some of the earliest thinkers on learning, it as not until the mid 1 ass's when psychology emerged as a separate discipline that any new learning theories emerged.The first of these was behaviorism, which was brought to prominence by Ivan Pavlov (1849 – 1936) who won the Nobel Prize in 1904 for his experiments on digestive glands for which he experimented with dogs. Behaviorism are of the opinion that learners are passive and respond to stimuli and do not take in to account internal mental states or consciousness. Gestalts came to prominence In Germany in 1910 when there was social turmoil in Europe but had moved to the US by the sass's to avoid persecution.The lead figures In this movement were Worthwhile, Kafka and Koehler who utilities a holistic approach that sought to reject the mechanistic perspectives of the behaviorist's. Considered to be the first educational psychologist, Edward Thornier continued with the behaviorism theory believing learning was incremental and achieved through a trial and error approach with B. F. Skinner, considered by many to be the father of modern behaviorism, developing this theory further with programmed learning (Seaworthy et al, 2004).Behavio rism learning theory had a substantial influence in education but here was a growing body of evidence that more complex tasks requiring a higher level of thinking were not well learned this way with Jean Pigged (1 896 ? 1 980) being the first to state that learning was a developmental cognitive process. Russian teacher Level Boycotts expanded Piglet's developmental theory of cognitive abilities to were both leaders in the cognitive approach that sees the mind as a â€Å"black box† and this box should be opened and understood.This paradigm did not really come to prominence until the early sass's when it replaced behaviorism as the dominant force (Anon ND). In the sass's we also saw the emergence of Humanist learning theory. Some of the preeminent advocates of this field were Abraham Moscow (1908 – 1970) and Carl Rogers (1902 – 1987) who believed that learning was viewed as a personal act to fulfill one's potential and that it is also necessary to study the person as a whole. Humanists were the first to promote learning as being student-centered and personalized and that you should not teach, but facilitate, the learner (Anon ND).The sass's saw the emergence of social learning theory with its key progenitor being Albert Bandeau (1925 – Present). It posits that we learn through observation, imitation and modeling and this theory is often seen as the bridge between behaviorism and cosmogonist. Although the work that edifies it spans the twentieth century, Constructivism was only mainstreamed through practice in the latter part of the century. Many of the theorists that are drawn upon are linked with other learning ideologies; these theorists include Weights, Lave and Winger, Burner and Pigged.This theory posits that learning is an active constructive process where the learner creates his or her own subjective representations of objective reality. They do not come along as a blank slate (Seaworthy, 2004) but rather bring along their past experiences and cultural perspective. The first theorist I am going to look at is Abraham Moscow who was a prominent Humanist. Early in his career he worked with rhesus monkeys and one of the interesting things he noticed was the way that some needs took precedence over others.For example, if you were hungry and thirsty you would tend to deal with the thirst first, as you can go without food for weeks but thirst will kill you after Just days. Moscow felt that the conditioning theories did not, to is satisfaction, capture the complexities of human behavior and was of the opinion that human actions were driven toward goal attainment. He stated that human motivation is based on people seeking fulfillment and change through personal growth (Anon ND). In 1943 Moscow wrote a paper entitled â€Å"A Theory of Human Motivation† which talked about self-actualization.Moscow described a person who was fulfilled and doing all they were capable of as being self-actualities. Before a perso n can achieve this state however, there are other needs that first need to be met. These needs can be seen in Mascots hierarchy, this is often depicted as a pyramid as shown (Moscow,1943). This hierarchy shows that the basic physiological needs have to be met before the higher needs can be addressed. If the physiological needs are relatively well gratified then there emerges a new set of needs, in this case safety.When a persons physiological and safety needs are satisfied the need for love and belongingness emerges. This process continues until all the needs are fulfilled and the person can achieve self-actualization. It is important to note that Mascots original five stage del has been adapted by other researchers to create both seven and eight stage hierarchies but I am dealing with Moscow so will not go any further in to them. His needs – air, food, drink, shelter, warmth, sex, sleep etc. Safety needs – protection from elements, security, order, law, limits, stabil ity, etc. : belongingness and love needs – work group, family, affection, relationships, etc. : esteem needs – self-esteem, achievement, mastery, independence, status, dominance, prestige, managerial responsibility, etc. : self-actualization needs – realizing personal potential, self- fulfillment, seeking personal growth and peak experiences. Through knowledge of Mascots hierarchy I can better understand the needs of the individual and the impact this has on their motivation and learning.To be truly effective in its implementation I would have to appreciate the needs of every learner, which could be at different stages for each individual in the class. These individuals could also be in a state of flux from one week to another. It is unrealistic to expect to comprehend all their requirements, even with a deep understanding of this theory. I believe the best use of this theory is to inform me of their possible state so that I might be more homeopathic towards the m and understand the issues they may have. The best way to help them work towards self-actualization is for them to be self-aware and understand their own needs.When they arrive at class they will already have had a long day at work, often without enough time to eat. They will also be tired; although my class is at least theory, so is less physically demanding than their practical lessons in the workshop. I do try to take some of these things in to account and will allow them to bring food and drink in to the class if they so desire. I am able to meet heir safety needs such as protection from the elements, security, order, limits and stability. These needs are part of the College safeguarding policy so should always be in place.If I can manage to help them feel belongingness, which I feel they do achieve, then I am also creating a more inclusive environment for them. I feel it is important to be aware of these needs to create a better learning situation for my students. A criticism I have is that Moscow made an assumption that the needs must be satisfied in order, so that the basic physiological need must be satisfied before hey can achieve safety and only once safety is achieved can they go to concern themselves with belongingness and so on through the hierarchy.This is shown to be false, for example, if you were to study large cultures where large numbers of the population live in poverty, like India or Brazil then you see that these people can still achieve higher order needs such as love and belongingness (McLeod, 2007). According to Moscow this should not occur. If we were also to look at many creative people, such as artists like Rembrandt or Van Gogh, it could be argued that they achieved self-actualization yet lived their lives in poverty (McLeod, 2007). I will still apply this theory even with its flaws because it is not abjectly wrong and still believe it holds a lot of truth.Another humanist that I feel bears great relevance to my current teaching p ost is Malcolm Knowles (1913 – 1997). He was a champion for androgyny, self-direction in learning and informal adult education (Smith, 2002). I will not talk about informal adult education, as it does not apply to my situation. The concept of androgyny had been in sporadic use since the sass's but it was popularized for usage in English language by Malcolm Knowles. He believed that adults learned differently from children, which caused him to enquire further. His work on informal adult education and his charting of adult education in the United education.He used androgyny to bring these elements together, which was premised on at least four critical presuppositions about the characteristics of adult learners that differed from child learners, on which traditional pedagogy is based. Later a fifth assumption was added. These were as follows: self concept: As a person matures his self concept moves from one of being a dependent personality toward one of being a self directed hum an being. Experience: As a person matures they accumulate a growing reservoir of experience that becomes an increasing resource for learning. Readiness to learn: As a person matures their readiness to learn becomes increasingly orientated to the developmental tasks of their social roles. : orientation to learning: As a person matures their time perspective changes from one of postponed application of knowledge to immediacy of application, and accordingly their orientation toward learning shifts from of subject centeredness to one of problem centeredness. : motivation to learn: As a person matures the motivation to learn is internal (Knowles 1984:12).Knowles has caused considerable debate with his assertions and claims of difference between androgyny and pedagogy with useful critiques of the notion being found in Davenport (1993), Jarvis (1987) and Tenant (1996). He has taken ideas from psychologists working in two quite different and opposing traditions, that of the humanist and the behaviorism. From the one side he has extensively used a model of relationship derived from humanistic clinical psychology, in particular drawing on the work of Carl Rogers who argued the qualities of good facilitation.He has also drawn on other elements that owe a great deal to scientific curriculum making and behavior modification. It has been suggested that because he has used ideas from two opposing traditions that there is a lack of evidence around this model. Knowles is not clear whether he has provided us with a theory or a set of guidelines for practice (Heartier, 1984). The assumptions could be read as descriptions or as prescriptive statements about what the adult learner should be. Tenant (1988) made a point that there was a lack of interrogation within a coherent and consistent conceptual framework.It seems that Knowles did not temper his insights with enough analysis and interrogation of the literature of the arena. Malcolm Knowles also introduced us to self-directed l earning, which is where the individual takes the initiative to realize their needs, resources and goals for learning and to evaluate the outcomes. There are three immediate reasons identified for self-directed learning. First those who take the initiative in learning are pro-active learners and will learn better than those who wait to be taught, reactive learners.Second is that it is far more natural that as we mature we take more responsibility for our own lives and become far more self-directed. Finally the third reason is that developments in education are putting a greater emphasis on students to take the initiative for their own learning. This can also be seen as a long-term reason as the purpose of education is evolving, it is moving away from merely transmitting what is known to now developing the skills of enquiry. Knowles then put the idea of self- direction in to packaged forms of activity and created his five step model. This involved: diagnosing learning needs. Formulati ng learning needs. : identifying human material resources for learning. Choosing and implementing appropriate learning strategies. : evaluating learning outcomes. There is research that indicates that adults circumstance (Smith, 2002) and I feel that this is certainly true of many of my learners. The opportunity arose within their current life circumstances to participate in the course and if there were places available they took them. If all the places had gone they may not bother to take up a learning opportunity again, unless of course the circumstances were again in their favor.I feel that the ideas' of Malcolm Knowles are useful to guide what I ought to term my ontological approach to my earners. They are no longer children and should not be treated as such. His approach can inform me of what characteristics my learners may exhibit so that I may better facilitate their learning and create a more inclusive environment. It could certainly be said that my students need to be self- directed as the qualification they are taking is equivalent to a full time course but only has part time contact hours.It requires them to do a lot a reading around the subject, being self-directed in their approach. Overall I must be critical of Knowles for his own lack of a sharp critical edge with much of his writings being more descriptive and his lack of analysis of the literature within his field. Finally, I shall examine Jean Lave and Tontine Winger (1991) who developed the theory of situated learning, sometimes referred to as situated activity. This has a central defining characteristic known as legitimate peripheral participation which is not itself an educational form, much less a pedagogical strategy or a teaching technique.It is an analytical viewpoint on learning that makes a fundamental distinction between learning and intentional instruction. Rather the process of legitimate peripheral participation is usually unintentional. Situated learning contrasts with traditiona l classroom learning activities where abstract knowledge is learnt out of context with intentional instruction. This approach lends itself very well to vocational courses and especially apprenticeships where much of the learning takes place in the situation where the learning will be applied. It is not dissimilar to cognitive apprenticeship.Lave and Winger (1991) with their model of situated learning proposed that learning involved a process known as â€Å"communities of practice†. These communities are everywhere and we are often involved in a number of them. People with a shared domain of human endeavourer can engage in a process of learning by forming communities of practice. To put it more simplistically, learning takes place through social interaction. To this end, learning in these situations does not have a beginning and an end to the process, rather we are constantly learning through experience of everyday life.Their theory can be illustrated by observation of differe nt apprenticeships. When people initially Join the community they learn at the periphery, then as they become more competent they an become more involved in the processes in that particular community. Understanding this theory is very useful in my sector as when we get the students it is their initial training and they are not always involved in the industry they are training to enter. The situated learning will probably not play a big part in this initial training, but once they have gained the qualification and go out to work then they will be Joining their community of practice.Over time, through interaction with more experienced others within the industry, they will learn and become more proficient ND play a bigger role in their community. In this respect it could be argued that this is an important theory for all educators as ultimately we are educating our learners strong links between this and embedded learning that also takes place on vocational qualifications. I would strug gle to see how this theory could be applied to more formal qualifications where much of the knowledge will often remain abstract because that is its nature.Mathematics would be an example of this; it can be conceptualizes, as engineering math's for example, but is not really a subject matter o be situated. In conclusion learning theories can inform us on our learners and guide us through our teaching practice. They can be used to develop activities to bring otherwise dull subject matter to life and to create a more inclusive learning environment by applying different teaching methods based on these theories. The trouble is that the modern teacher is struggling for time, most of the time and these theories and their practice will involve some dedication for them to be implemented effectively.

Monday, September 30, 2019

Gender Identity Essay

Blonde hair, blue eyes, long legs, the perfect 10; Barbie. Barbie was the top selling doll for girl’s ages seven to thirteen from 1959 to 2006. This fashion diva has gone to Hawaii, has many different looks, a mansion, and a number of different vehicles. While Barbie has everything she could ever want, what does she teach our children? Little girls want to be perfect, like Barbie, a nearly unachievable goal. It lowers their self-worth and sets unrealistic standards. Because of this, some countries are restricting the sales of the dolls and even with the new advancement’s Mattel has made to improve Barbie’s â€Å"aura† so-to-speak, there is still a very prominent suggestive gender orientation; such roles now include, architect, computer designer, veterinarian, teacher, pastry chef, and female sports. Barbie dolls influence very stereotypical gender roles when developing gender identity; these toys teach that girls are to be tall, thin, pretty house wives an d caregivers. When children strive for unrealistic perfection it lowers their self-image and confidence. As stated; Barbie is the model of perfection. Barbie has negative influence on young girls, and makes then self-conscious about their physical appearance because of Barbie’s unrealistic body features. Girls aspire to be very thin, like Barbie. This leads to eating disorders at a young age and causes long term psychological harm. In Australia, there is a cosmetic procedure known as â€Å"The Barbie Treatment† It’s main patients are girls between the ages of 16 and 20. This unrealistic ideality of what a woman should look like creates self-loathing in girls who are perfect in their own way because they are less than the Barbie standard. World-wide, people are noticing the effects Barbie has on its children. From the UK to Australia to our very own United States, scholars and doctors have been studding the impact Barbie may have on their youth. Iran has banned Barbie dolls bec ause of the impact it’s having on their young girls. Barbie also sets a standard of â€Å"good house wifery† and vanity. The most popular Barbie dolls include Malibu Barbie, Barbie’s Home Kitchen and Beauty Shop Barbie; the perfect recipe for a perfect bimbo. Now – a – days, there are so many things women are capable of! It is truly disappointing to see that Barbie has such gender-specific roles in the past. Mattel has tried â€Å"upping the ante† so-to-speak by introducing new Barbie’s  with little to no success. In 2008, Mattel introduced its new Barbie Line: I can B. This introduced many different careers for Barbie. Architect, computer designer, veterinarian, teacher, pastry chef, and female Olympic Sports are her newest trends. While that’s all well-and-good, the roles are still gender oriented. All of them are care-giver roles. There is now a Facebook page for Barbie to â€Å"redeem† herself; this petition is asking Mattel to make bald Barbie’s and donate a percentage of the profit to research for childhood cancers. After 2 years and snide comments from the toy maker, news is they are finally in the planning stages for Barbie’s Bald Friend. Do we really want our children to believe that they are less than perfect the way they are? That they must be thin to be loved and appreciated? Should our young girls all just assume that the only role a woman has is to be pretty and take care of others? All people were created equal – not plastic. Society is morphed our ideology of a perfect ten from the Barbie standards. 12 year old children are considering cosmetic surgery – plastic surgery. Toys are meant to be played with – a child’s psyche is not.

Sunday, September 29, 2019

Doctrine of Repugnance

From time immemorial, legislative bodies have been enacting laws all over the world. With the enactment of laws by different legislative bodies all over the world, conflict of laws is an unavoidable issue. However, in this article I will mainly be focusing on the conflict of laws with regard to India. In India, there are three wings of the Government, namely, The Legislature, The Judiciary and the Executive. The legislature has the law making powers for the entire country. The legislature is further divided into the Centre and the State. Doctrine of Repugnancy deals with the conflict of laws between the State and the Centre. Part XI of the Indian Constitution describes the legislative relations between the States and the Centre. The legislative field of the Parliament and the State Legislatures has been specified in Article 246 of the Constitution whereas Article 254 of the Indian Constitution describes the mechanism for resolution of conflict between the Central and the State legislations enacted with respect to any matter enumerated in List III of the Seventh Schedule. Various judicial pronouncements have declared the pre-conditions for the application of the doctrine of repugnancy. In the case of M. Karunanidhi v. Union of India, the Constitutional Bench laid down the tests for the application of the Doctrine of Repugnancy, which is as follows: â€Å"1. That in order to decide the question of repugnancy it must be shown that the two enactments contain inconsistent and irreconcilable provisions, so that they cannot stand together or operate in the same field. 2. That there can be no repeal by implication unless the inconsistency appears on the face of the two statutes. . That where the two statutes occupy a particular field, but there is room or possibility of both the statutes operating in the same field without coming into collision with each other, no repugnancy results. 4. That where there is no inconsistency but a statute occupying the same field seeks to create distinct and separate offences, no question of repugnancy arises and both the statutes continue to operate in the same field. † In National Engineering Industries Ltd. Vs. Shri Kishan, the Supreme Court observed : In order that a question of repugnancy may be arise, two conditions must be fulfilled, namely that the State Law and the Laws of the Union must operate the name field and one must be repugnant or inconsistent with the other. † From the plain reading of the Articles 246 and 254 it is clear that in case of a conflict between the Union laws and State laws, it is the Union law which shall prevail if it is made within an entry of List III of the Constitution. In such a scenario if any provision of a State-made law is in conflict with the Parliament–made law under such circumstance the State-made law is declared void to the extent of repugnancy. However, this general rule is subject to Clause (2) of Article 254 of the Indian Constitution. The Clause (2) of the said Article says that that the State law will become void to the extent of repugnancy unless the State law has been reserved for the assent of the President. If the Preseident grants his assent to the said state law, then the Union law, to the extent of its repugnancy will become void in that state. However, this does not curtail the power of the Parliament from enacting at any time any law with respect to the same matter including a Law adding to amending varying or repealing the law so made by the legislature of the State. Thus, what is visible to us by analyzing the various judicial pronouncements and by going through the Constitution is that both the Centre and the State have supreme powers with regard to enacting the laws for their respective domains but in the presence of a conflict, it is the Centre-made laws which shall prevail in most cases. The Supreme Court in Zameer Ahmed Latifur Rehman Sheikh Vs. State of Maharashtra has examined the law relating to the Doctrine of Repugnancy. In essence, Part XI of the Indian Constitution describes the legislative relations between the States and the Centre. Further, Article 254 establishes the doctrine of Repugnancy which acts as a safeguard to solve disputes arising between the states and the Union. The term ‘Repugnancy’ means inconsistency between the State-made law and the Union-made law. The relevant extracts from the judgment are reproduced hereunder; 46. Before we proceed to analyze the said aspect, it would be appropriate to understand the situations in which repugnancy would arise. 47. Chapter I of Part XI of the Constitution deals with the subject of distribution of legislative powers of the Parliament and the legislature of the States. Article 245 of the Constitution provides that the Parliament may make laws for the whole or any part of the territory of India, and the legislature of a State may make laws for the whole or any part of the State. 48. The legislative field of the Parliament and the State Legislatures has been specified in Article 246 of the Constitution. Article 246, reads as follows: – 49. We may now refer to the judgment of this Court in M. Karunanidhi v. Union of India, [(1979) 3 SCC 431], which is one of the most authoritative judgments on the present issue. In the said case, the principles to be applied for determining repugnancy between a law made by the Parliament and a law made by the State Legislature were considered by a Constitution Bench of this Court. At para 8, this Court held that repugnancy may result from the following circumstances: â€Å"1. Where the provisions of a Central Act and a State Act in the Concurrent List are fully inconsistent and are absolutely irreconcilable, the Central Act will prevail and the State Act will become void in view of the repugnancy. Where however a law passed by the State comes into collision with a law passed by Parliament on an Entry in the Concurrent List, the State Act shall prevail to the extent of the repugnancy and the provisions of the Central Act would become void provided the State Act has been passed in accordance with clause (2) of Article 254. 3. Where a law passed by the State Legislature while being substantially within the scope of the entries in the State List entrenches upon any of the Entries in he Central List the constitutionality of the law may be upheld by invoking the doctrine of pith and substance if on an analysis of the provisions of the Act it appears that by and large the law falls within the four corners of the State List and entrenchment, if any, is purely incidental or inconsequential. 4. Where, however, a law made by the State Legislature on a subject covered by the Concurrent List is inconsistent with and repugnant to a previous law made by Parliament, then such a law can be pro tected by obtaining the assent of the President under Article 254(2) of the Constitution. The result of obtaining the assent of the President would be that so far as the State Act is concerned, it will prevail in the State and overrule the provisions of the Central Act in their applicability to the State only. Such a state of affairs will exist only until Parliament may at any time make a law adding to, or amending, varying or repealing the law made by the State Legislature under the proviso to Article 254. † In para 24, this Court further laid down the conditions which must be satisfied before any repugnancy could arise, the said conditions are as follows:- â€Å"1. That there is a clear and direct inconsistency between the Central Act and the State Act. 2. That such an inconsistency is absolutely irreconcilable. 3. That the inconsistency between the provisions of the two Acts is of such nature as to bring the two Acts into direct collision with each other and a situation is reached where it is impossible to obey the one without disobeying the other. † Thereafter, this Court after referring to the catena of judgments on the subject, in para 38, laid down following propositions:- 1. That in order to decide the question of repugnancy it must be shown that the two enactments contain inconsistent and irreconcilable provisions, so that they cannot stand together or operate in the same field. 2. That there can be no repeal by implication unless the inconsistency appears on the face of the two statutes. 3. That where the two statutes occupy a particular field, but there is room or possibility of both the statutes operating in the same field without coming into collision with each other, no repugnancy results. 4. That where there is no inconsistency but a statute occupying the same field seeks to create distinct and separate offences, no question of repugnancy arises and both the statutes continue to operate in the same field. † 50. In Govt. of A. P. v. J. B. Educational Society, [(2005) 3 SCC 212], this Court while discussing the scope of Articles 246 and 254 and considering the proposition laid down by this Court in M. Karunanidhi case (supra) with respect to the situations in which repugnancy would arise, in para 9, held as follows:- â€Å"9. Parliament has exclusive power to legislate with respect to any of the matters enumerated in List I, notwithstanding anything contained in clauses (2) and (3) of Article 246. The non obstante clause under Article 246(1) indicates the predominance or supremacy of the law made by the Union Legislature in the event of an overlap of the law made by Parliament with respect to a matter enumerated in List I and a law made by the State Legislature w ith respect to a matter enumerated in List II of the Seventh Schedule. 10. There is no doubt that both Parliament and the State Legislature are supreme in their respective assigned fields. It is the duty of the court to interpret the legislations made by Parliament and the State Legislature in such a manner as to avoid any conflict. However, if the conflict is unavoidable, and the two enactments are irreconcilable, then by the force of the non obstante clause in clause (1) of Article 246, the parliamentary legislation would prevail notwithstanding the exclusive power of the State Legislature to make a law with respect to a matter enumerated in the State List. 11. With respect to matters enumerated in List III (Concurrent List), both Parliament and the State Legislature have equal competence to legislate. Here again, the courts are charged with the duty of interpreting the enactments of Parliament and the State Legislature in such manner as to avoid a conflict. If the conflict becomes unavoidable, then Article 245 indicates the manner of resolution of such a conflict. Thereafter, this Court, in para 12, held that the question of repugnancy between the parliamentary legislation and the State legislation could arise in following two ways:- â€Å"12. †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ First, where the legislations, though enacted with respect to matters in their allotted sphere, overlap and conflict. Second, where the two legislations are with respect to matters in the Concurrent List and there is a conflict. In both the situations, parliamentary legislation will predominate, in the first, by virtue of the non obstante clause in Article 246(1), in the second, by reason of Article 254(1). Clause (2) of Article 254 deals with a situation where the State legislation having been reserved and having obtained President's assent, prevails in that State; this again is subject to the proviso that Parliament can again bring a legislation to override even such State legislation. 51. In National Engg. Industries Ltd. v. Shri Kishan Bhageria [(1988) Supp SCC 82], Sabyasachi Mukharji, J. , opined that the best test of repugnancy is that if one prevails, the other cannot prevail. Case Study – Vijay Kumar Sharma V State Of Karnataka (Air 1990 Sc 2072) by Sayontika Das Part XI of the Indian Constitution describes the legislative relations between the States and the Centre. Article 254 to establish the doctrine of Repugnancy is one of the laws laid down under the Indian Constitution as a safeguard to solve disputes arising between the states and the Union. Repugnancy’ is meant to express ‘conflict’, whereby there is an expressed inconsistency between the State-made law and the Union-made law. Case details:Bench Majority opined- Mishra Rangnath, Sawant P. B and desenting view Ramaswamy. K. Relevant statutory provisions (i) Karnataka Contract Carriages (Acquisition) Act (21 of 1976); s. 14 & s. 20; (ii) Motor Vehicles Act 1988; s. 74 & s. 80(2); and (iii) The doctrine of Repugnancy: Article 254 of the Indian Constitution. Reference cases (i) Ch. Tika Ramji v. State of Uttar Pradesh (AIR 1956 SC 676) ; (ii) Hoechst Pharmaceuticals Ltd. v. State of Bihar (AIR 1983 SC 1019). Case Study: The doctrine deals with List (III) schedule (VII) which declares both the Union and State legislatures competent to legislate. However in case of conflict between the laws, the Union law will prevail if it is made within an entry of List (III), irrespective of whether it the Union law is made by before or after the State Legislature. According to Article 254 (1) an overriding effect is provided to the provisions of a Parliament-made law which the Parliament is competent to enact or in with respect to any matter as enumerated in the List III of Schedule VII. In such a scenario if any provision of a State-made law is in conflict with the Parliament–made law under such circumstance the State-made law is declared void to the extent of repugnancy. Under List III named as the Concurrent List in Schedule VII of the Indian Constitution both the Union and State Legislatures are competent to make laws on any of the entries mentioned therein. However they are subject to Clause (2) of Article 254 only in case, there is no conflict between the provisions of the said State-made law and a Central Act on the subject. However in case there is a repugnancy in question of a State law and Union law enumerated on one of the subjects of List III, the State law must yield to the Union law unless it has already been reserved for the assent of the President and has duly received so under Article 254 (2). The question of repugnancy therefore rightfully arises when there is a direct conflict between the provisions of the State law and the Union law on the same occupied field. Laws are said to be repugnant ideally when they get involved into taking responsibility for obedience to a higher authority. Simultaneously however certain inconsistent enactments to each of these laws may sometimes be possible without disobeying the other. Thus a suitable instance for repugnancy arises only when legislation falling in List III, the Concurrent List can be cured by resorting to Article 254 (2). The question of repugnancy under Article 254 arises when the provisions of both laws are fully inconsistent or are absolutely irreconcilable and it is impossible to obey without disobeying the other, or conflicting results are produced when both the statutes covering the same field are applied to a given set of facts.

Saturday, September 28, 2019

Book Report The Corona Project by Curtis Peebles

CORONA Project: Curtis Peebles, the first US spy satellite, provides readers with new decoding information on how the first American satellite was used for information gathering. Through his book Corona Project: America 's First Spy Satellite, the author provides details on the birth of the satellite program by observing the Corona project from the late 1940' s until project declassification and project exhibition. information. Smithsonian National Air and Space Museum. Curtis Peebles starts with the basics and makes it easier to understand somewhat complicated programs by building readers' knowledge about what is currently shown in the text. It is not just a corona project. From the late 1950s to the early 1970s, Peebles led readers to the government sector to undertake an internal review of the decision-making process of the President and other major public directors. One of the most impressive parts of this book is reference to Peebles' long-standing personal memos and dialogue by project personnel. A hand-held snapshot collected by the author, depicting individual engineers and other persons involved in the project. More personalized accessories for project related personnel Curtis Peebles provides readers with new decryption information on how to use the first US satellites for information gathering. Through his book Corona Project: America 's First Spy Satellite, the author provides details on the birth of the satellite program by observing the Corona project from the late 1940' s until project declassification and project exhibition. information. Smithsonian National Air and Space Museum. The main driving force of the project came from the launch of Sputnik I. As the Soviet Union seems to be far away, the authors explain how the project was robbed by the Air Force. They did not use WS - 117L for the development of corona satellites and handed the duties to the CIA It was. The goal that Peebles break the history of Corona project was achieved. I have foun d that this information is very rich and sometimes a bit overwhelming, but it is not difficult to understand. From various camera lenses to the overall success of the Corona project, the author has successfully demonstrated the detailed history of the project and the tasks performed by the satellite. As an image analyst, I found that the information provided by the satellite function is completely attractive. Only one runway can be identified from the start of the plan, and just ten years later you can count the aircraft on the runway. The big achievement of this project over the 12 years is definitely improved resolution from 40 feet to 6 feet (though it will be 2 feet). This kind of progress, nearly 300% improvement has never been experienced in such a short time.

Friday, September 27, 2019

Any artist from 1940-1970 and write about it Essay

Any artist from 1940-1970 and write about it - Essay Example This essay looks into some of the famous works of John Lennon and how they impacted on society in his time. In spite of the fact that he was a rich, influential and famous celebrity, he got out of his cocoon to become a peace activist who used his music to preach about peace and love. Most celebrities during this period failed to use music to spread peace that was much required during this time. John Lennon used his celebrity status to share his ideas on how he felt the world ought to have been (Hayden 7). All that he aspired to do was to spread the peace campaign across the globe and that is all that he dedicated his time to. His passion and talent appealed to numerous peace activists during this time to support his course. One of his notable songs ‘Imagine’ became the anthem for the socialist movement during this time. This song reached the highest number of people and appealed to activists world over. The song topped popular music charts during this period (Smith and Timothy 17). The song was catchy and contained a powerful message of peace. The lyrics stated â€Å"Imagine all the people living life in peace. You may say that Im a dreamer, but Im not the only one. I hope someday youll join us and the world will be as one† (Hayden 43).This song meant that if it all peace could be achieved, it had to start with our imagination. The artist was confident of the fact that he was not alone in his peace campaign and if others joined in, his imagination would eventually become a reality. The song was calling upon all people around the globe to come together and establish a world that if fit for everyone to live in, one that does not focus on religious and racial differences. He envisioned world without war or ownership of private property (Hayden 33). The song emphasized on the fact that we should share the world in the spirit of brotherhood. In fact, some people wondered