Movie on Social Network Essay Example | Topics and Well Written Essays - 750 words

Movie on Social Network - Essay Example Facebook is one of the most leading social networking websites. According to a survey it has more than 800 million active members. But the Facebook did not come from thin air like that. In fact the idea evolved from Facemash, the predecessor to Facebook. On October 2003, Mark Zuckerberg while attending Harvard as an undergraduate made this site in which pictures of girls from the nine houses, placing two next to each other were compared as hot or not. However, authorities took notice and Mark was charged for violating rules and breaching security. But this incident gave Mark his first recognition. Though initially promising his expert programming skills in making a social network HarvadConnections.com to his seniors, Mark changed his mind. And with the help of his friends especially Eduardo Saverin , who was the co founder and did the initial investment, launched â€Å"The FACEBOOK†. During the course time Mark met the entrepreneur Sean Parker, who advised him on various matters. And in summer 2004, base of operations was shifted to California Investors like Peter Theil from PayPal invested in and THE FACEBOOK became FACEBOOK. By that time it had over 300,000 members, 160 schools including 5 in Europe. Various features like relationship status, nonstop server, tagging pictures and the â€Å"wall† were introduced. At this time shares were allotted, Mark 51%, Eduardo 34.4%, and Sean7 % and so on. Later Eduardo 34.4%, were diluted to0 .03% and was thrown out of the company as more companies were coming in, and Sean became the President of the company (Fincher, 2010). Celebrating their millionth member party Sean was caught by the cops on using drugs. At that point, the seniors from Harvard had filed a case in the federal court against the facebook, and claimed that it was initially their idea. Eventually, they received settlement money and signed a non

Resolving International Disputes. What Mechanisms are Available to the Essay

Resolving International Disputes. What Mechanisms are Available to the United Nations to Resolve International Disputes - Essay Example The UN has an additional challenge in the form of geographical dispersion and cultural diversity1. Among the primary purposes of the UN are international dispute resolution and upkeep of international security and peace, which means that the body takes collective measures to prevent and remove threats to the security and peace. The mechanisms that are in place to facilitate such objectives include the Security Council, the International Court of Justice, the General Assembly and the Secretary General. Being the key organ charged with the responsibility of maintenance of security and peace, the Security Council calls upon parties involved in disputes for the purpose of settlement as per articles listed in Article 33 of its statutes2. The dispute mechanisms are structured processes that address grievances or disputes arising between parties engaged in societal, legal or business relationships. The mechanisms are used in resolution of disputes and usually incorporate negotiation, mediat ion and conciliation. Through the dispute settlement systems in place, the UN is the best-suited international institution to address the new challenges facing international security. This paper will discuss the mechanisms available to the United Nations to resolve international disputes and their merits. The Security Council has the key responsibility of maintaining security and peace among countries. Other organs of the UN may only make recommendations to member states, but the Security Council has the authority to implement 1 Winnefeld, J 2004, The changing nature of intra-state conflict, Rand, California, pp. 19. 2 Simma, S 2003, The charter of the United Nations, Oxford University Press, New York, pp. 56. binding decisions that member states have agreed to carry out3. Such decisions by the Security Council are referred to as Security Council resolutions. As described in Article One, the UN has a purpose to maintain international security and peace. Hence, it takes collective me asures to prevent and remove threats to peace, suppresses acts of aggression and brings peace in conformity with the guidelines of international law and justice. It aims to develop friendly relations based on respect among nations. As an international body, the UN is determined to reaffirm faith in basic human rights, dignity and value of humanity. Its intention is to establish conditions that facilitate respect and justice for the obligations that stem from international sources of law and treaties as well as promoting better qualities of life, freedom and social progress4. The key motivation behind creating the UN was to save future generations from the threats of war. From the time it was created, the body has been striving to prevent the escalation of disputes into war as well as facilitating the restoration of peace in the event of armed conflicts. Typically, dispute mechanisms used by the UN are not judicial in nature since they are not deployed in courts of law. Instead, they are governed by core processes of human rights as defined by treaties of human rights5. The UN acknowledges that the absence of military conflicts or war between countries is not an assurance of international security and peace. Threats to international security and peace are seen in other sources outside of the military such as the instability arising from ecological, humanitarian, social and economic fields. Other factors that contribute to the insecurity are international environmental disputes that stem from 3 Thomas, G 2009, Admission to the United Nations: Charter Article 4 and the Rise of Universal Organization, Martinus Publishers, Chicago, pp. 64. 4

The Album Close to You by the Carpenters Essay Example | Topics and Well Written Essays - 750 words

The Album Close to You by the Carpenters - Essay Example This album landed them on their way to fame and success. Though not appreciated by critics, the album has made it to the top 200, which emphasizes the fact that they did have talent. Rolling Stone, describing Karen, comments that â€Å"Hers is a voice of fascinating contrasts, combining youth with wisdom; chilling perfection with much warmth† (Changi Airport – â€Å"Enjoy the Elegance). Jon Landau, says that Karen has "all the qualities of a good pop singer," phrasing with "subtlety and ease." On the other hand, some critics think that her voice has not got any depth and is just sort of simple. Other critics believe that Karen does not have much stage presence when she play the drums and sing along, it is not elegant enough. However, Richard’s work is well appreciated for his rhythmic tunes and, yet again, critics did not enjoy his lead in some songs. The band, consisting of this duo, is however, soaring high after the release of the title song ‘Close To Y ou,’ which rank #1 on Billboard Hot 100 and stayed on top for four weeks. In my opinion, they landed a spot in the Rolling Stone list because the album had become a hit even though the political situations were not favorable during the time. The popular demand continued to grow on wild and loud rock, whereas they featured soft and melodious music. The album showcased Karen’s wide ranged voice and also original compositions of Richard, namely, Mr. Guder, Maybe Its You and Crescent Noon. It is difficult to say that the album was a success only due to one of them. Rather, it was a joint effort and has received attention throughout the world. Though they have mixed reviews, the album has won the hearts of a lot of people. I really enjoyed the album and I am thankful for having been given this assignment as it has given me the opportunity to explore into details the depths of songs that I did not even know existed. I find all the songs very good and my personal favorite is â€Å"Maybe Its You†. The song just spoke to me, I was instantly amazed. The piano brings out all the delicacy of the song. Though the lyrics might not be much, but still â€Å"couldn’t we stay and watch the splashing rocks we throw?† (Maybe It’s You Lyrics: The Carpenters) expresses inner most feelings and emotions that are delicately touching. The first stanza itself paints a lovely picture of a couple walking down the beach. The soft music reflects the calm waves lapping up the shore. There is a really soothing feel to that song which instantly makes one feel good. Well at least to me it does. The songs range from soft to deep to haunting and lingering types. This is what makes the album so special. Its diversity has the ability to draw the audience to it and make them stay with it for long. The music world has a lot to offer, and it is a blessing to us that music from those times has been recorded. If man had not found a way to capture music, then so much would have gone to waste. Though people are not immortal, their works are. They continue to exist through the wonderful contributions they have made to this world. Saying this, I do believe that Karen remains in a lot of people’s hearts. Not to mention her partner throughout this wonderful journey, her brother Richard, whose musical arrangements and tune compilations have brought the songs to life. I really appreciate their hard work and though they did get thrown into the world of overnight fame after the release of the song ‘

Gender Differences in the Use of Technology Essay Example for Free

Gender Differences in the Use of Technology Essay At the center of 21st century culture is computer technology which presence and use just decades ago, were limited for the government and some institutions. Today, computer technology steps out from such isolation pervading all institutions, industries, commerce and other areas of life at what appears to be logarithmic speed, making its mastery or at least working knowledge an essential requisite if one is to keep pace with time. The ubiquity of technology, continuous rise in the demands for technologically-advanced workforce combined with the application of basic economic principles make one think whether the study on gender differences as it relates to technology is really a matter worthy of anyone’s attention. Statistics say it is. Generally, in a technological workplace, women are still underrepresented: only five percent of computer programmers, ten percent of system analysts and ten percent of electronic technicians are females (Statistics: Women in Technology, 2008). In major companies in Silicon Valley, only 5-6% is led by females (Statistics: Women in Technology, 2008). There has been a decline in the number of females pursuing careers related to science and technology. According to the National Center for Education Statistics, the number of women who earned a bachelor’s degree in computer science has decreased from 37% to 28. 4% from 1984 to 1995 (Statistics: Women in Technology, 2008). Female students who took the advanced placement computer examination comprised only 17% (Statistics: Women in Technology, 2008). From these statistics, one may speculate that females’ future career choices still fall along traditional paths. This was confirmed by a study done by Lupart and Cannon (2002) on students’ perceptions on desirable career characteristics and career choices. With the rising demand for high-tech jobs (Statistics: Women and Technology, 2008), knowledge and use of technology become an essential condition to improve women’s participation in the workforce and to enable them to pursue higher status and better-paying jobs in the future. However, the general belief is that not only are women underrepresented in the technology-related industry; they are also considered to be less interested, less confident and less skilled in this area. These three factors affect their usage of technology. Still, underneath these factors, women’s computer usage can be traced on socialization and upbringing. Boys and girls do not play the same games during childhood. While boys are usually made to play video games or games that promote problem-solving, hands-on skills and spatial-relationship skills, girls play with dolls, which tend to develop their value of relationships (Milgram, 2007). Problem-solving, hands-on and spatial-relationship skills are critical to the study of computer and technology-related subjects. As a result of this discrepancy in development, males become more interested in technology and become better-equipped with the necessary skills as they reach adulthood (Milgram, 2007). The males’ generally higher interest in technology, however, does not affect the possibility of improving females’ perception and attitude towards technology. The effect of ubiquitous computing on gender differences was examined in a study done in 2006. Here, the participants were given access 24-hour access to a laptop. Gender differences were observed in behavioral attitude towards future use of computers before the laptop program. Prior to the laptop program, males were more inclined to use computers. This changed after the laptop program. No significant difference was observed in the attitude towards the use of computers after the program (Kay, 2006). Before the program, males were observed to be more skillful in computer abilities compared to females. No significant difference was observed in computer abilities between males and females after the program, except for the skill in programming (Kay, 2006). In central Georgia middle school, the study on 8th grade students showed a statistically significant difference between achievements of males and females. In this experiment, the participants were instructed and given an exam both written and applied on two modules, information and broadcasting. A greater improvement was seen in females for the information module while the males showed greater improvement in the broadcasting module. This study partially debunks earlier findings that males generally show higher achievements compared to males, in the study of computer technology (Hale, 2005). These studies suggest that females’ do not have an inherently unfavorable computer skill, interest, and attitude which affect computer use. Provided with the right tools and knowledge, females may do as well or even better than males (Milgram, 2007). The comparatively lower use of technology by females can be attributed to the differences in perceptions on technology between genders. While the females see technology through its social function, the males’ perspective is more focused on the hardware itself (Brunner, 1997). Males, therefore, are more likely to study more on the intricacies and technicalities of the use of technology compared to females which in effect allows them to maximize its use. Meanwhile, the females’ perspective of technology limits their use to only a number of functions.. According to Milgram (2007), â€Å"[females] are much less likely to retain interest if they feel they are incapable of mastering the material. † Also, males tend to exaggerate their accomplishments while females tend to feel less comfortable even when they do well in tests (Milgram, 2007). The females’ initial lack of skill in technology affects their confidence and perception towards its use. However, like interest and attitude, these may be changed upon exposure. Nicolino, et. al. (2006) measured the confidence gain of male and female respondents in the frequency of use of computers at home and at work. No significant difference in computer use was observed between males and females. Significant differences were observed in the only in the applications used by the two genders. The possible change in perceptions and confidence which may affect usage is evidenced by the study by Wong and Hanafi in 2007. In this study, the attitudes of male and female student teachers in Malaysia towards exposure and use of Information Technology were measured in terms of usefulness, confidence and aversion. No significant differences were seen between the two genders were observed during the pre- and post IT course. Both genders showed improvement in their appreciation of IT usage after the IT course. Females exhibited greater confidence in IT usage after the course compared to their male counterparts (Wong and Hanafi, 2007). Given the males’ higher degree of confidence towards technology, the question now is whether such confidence really translates to increased use of technology. In a study on some 6,800 fourth and eighth grade students, it was reported that males significantly increase their use of technology with age while no such significant increase was seen in females (Barker and Aspray, 2006). It has been established that the males have a more positive attitude and higher degree of confidence towards technology. These, however, are not solely gender-based but more importantly, based on their differences in upbringing, with males having more background in problem-solving and spatial-relationship. Based on the general principles derived from studies on gender-gap in technology, strategies can be employed to address such gap, improve computer attitude, increase computer use and create a culture where everyone can participate and take advantage of the benefits of technology, regardless of gender. Milgram (2007) lists some of such strategies targeting the middle school where attitudes in computer use start to emerge. These strategies include the creation of same-sex groups in classrooms, the integrated and meaningful use of technology, the improvement of teachers’ computer skills, the use of gender neutral softwares, simulation games for all genders, and the discouragement of using technology and computers as a reward. Common among these strategies is their focus on building the confidence of females who often have less experience than males. Simulation games, for example, ensure that not only males are given the opportunity to develop problem-solving and spatial relationship skills. Simulation games also promote hands-on proficiency which is necessary in developing technological skills and use. The creation of same-sex groups in classrooms and the discouragement of using technology and computers as reward minimize the males’ aggressive, assertive and self-assured behavior which stem from their confidence in their skills. In sum, it is by simulating the environment that contributed to the development of males’ skills that the gender gap in the use of technology can be significantly reduced. The fact that females respond to technology more positively if given the right building blocks, as shown by previous studies support this. Works Cited Barker LJ and Aspray W. (2006). The state of research on girls and IT. In J. M. Cohoon and W Aspray (eds. ), Women and information technology (pp. 3-54). Cambridge, MA: MIT Press. Brunner C. (1997). Technology and gender: Differences in masculine and feminine views. NASSP Bulletin, 81(592), 46-51. Hale, KV. (2005). Gender differences in computer technology achievement. Meridian, 8(1). Kay R. (2006). Addressing gender differences in computer ability, attitudes and use: The laptop effect. Journal of Educational Computing Research, 34(2), 187-211. Lupart J and Cannon E. Computers and career choices: gender differences in grades 7 and 10 students. Gender, Technology and Development, 6(2), 233-248. Milgram D. (2007). Gender differences in learning style specific to science, technology, engineering and math. SelfGrowth. com. Retrieved 27 April 2008 from http://www. selfgrowth. com/articles/Gender_Differences_in_Learning_Style_Specific_to_Science_Technology_Engineering_and_Math_STEM. html. Nicolino, P. , Fitzgerald, B. , Maser, K. Morote, E. (2006). Gender Differences in Confidence about Using Technology: An Introductory Course. In C. Crawford et al. (Eds. ), Proceedings of Society for Information Technology and Teacher Education International Conference 2006 (pp. 3544-3549). Chesapeake, VA: AACE. Statistics: Women in Technology. (2008). DeVry University Website. Retrieved 27 April 2008 from http://www. phx. devry. edu/outreach/her_world_stats. asp. Wong, S. L. , Hanafi, A. (2007). Gender Differences in Attitudes towards

Musical Hair Critiquing Essay Example for Free

Musical Hair Critiquing Essay 1) What show are you critiquing? Hair 2) Give a brief summary of the story line. Claude Hooper Bukowski, an Oklahoma farm boy, heads to New York City to enter the Army and serve in the Vietnam War. In Central Park, he meets a troupe of free-spirited hippies led by George Berger, a young man who introduces him to debutante Sheila Franklin when they crash a dinner party at her home. Inevitably, Claude is sent off to recruit training in Nevada, but Berger and his band of merry pranksters follow him. Sheila flirts with an off-duty Sergeant in order to steal his uniform, which she gives to Berger. He uses it to extract Claude from the base for a last meeting with Sheila, taking his place, but while Claude is away, the unit flies out to Vietnam, taking Berger with them. The film ends with the main cast singing at Bergers grave, followed by scenes of a large anti-war protest outside the White House in Washington, DC. 3) What did you like best about this show? Hair succeeds at all levels—as lowdown fun, as affecting drama, as exhilarating spectacle and as provocative social observation. It achieves its goals by rigorously obeying the rules of classic American musical comedy: dialogue, plot, song and dance blend seamlessly to create a juggernaut of excitement. 4) What did you like least about this show? The film omits the songs The Bed, Dead End, Oh Great God of Power, I Believe in Love, Going Down, Air, My Conviction, Abie Baby, Frank Mills, and What a Piece of Work is Man from the musical. Many of the songs have been shortened, sped up, rearranged, or assigned to different characters to allow for the differences in plot. 5) Who was the hero/heroine? Claude Hooper Bukowski/ Sheila Franklin. 6) Who was the villain? The General. 7) Were you able to understand everything? If not what did you understand? A major plot difference between the film and the musical involves a mistake that leads Berger to go to Vietnam in Claudes place, where he is killed. The musical focuses on the U.S. peace movement, as well as the love relationships among the Tribe members, while the film focuses on the carefree antics of the hippies. But why not make the film ending a happy one? In that case, the movie will better reflect the aspect of American Culture Happy Ever After. 8) Did you get a chance to listen to the soundtrack? Unfortunately not. 9) What was your favorite song? Aquarius. 10) Did you think that the actors were well cast? Sure. The cast featured John Savage as Claude Hooper Bukowski, Treat Williams as George Berger and Beverly DAngelo as Sheila Franklin. Williams was nominated for New Star of the Year in a Motion Picture Male. 11) If you were to remake this show who would you cast in the title roles? Why? If I were to remake the show, I would sill choose the actor and actress as the hero and heroine. The actors are really good-looking, and they can sing and dance well. 12) What aspect of American Culture do you see in this show? Nothing ventured nothing gained. Berger is not only at the heart of the hippie Tribe but is assigned some of Claudes conflict involving whether or not to obey the draft. His death led to the large anti-war protest and featured the carefree antics of the hippies.

The Relevance Of Legal Positivism

The Relevance Of Legal Positivism I have chosen to critically examine The Contemporary Relevance of Legal Positivism by Professor Brian Z Tamanaha who has written on the topic of legal positivism, and this is a legal theory that greatly interests me. Though the title suggests otherwise, in his article Tamanaha argues a particular point that in its current state legal positivism fails to engage with real world matters.  [2]  Tamanaha goes on to suggest that legal positivism has been emasculated  [3]  to the point where it is no longer a relevant legal theory, as modern discussions on legal positivism have drastically shifted away from the original ideas of legal positivism proposed by Bentham and Austin. However, to make such claims effectively requires compelling evidence, and this is something that the article plainly lacks. Moreover, Tamanahas article is full of presumptions, which one can only assume that he has misinterpreted many of the theoretical debates between key characters within legal positivism. As a result, this dissertation will argue that although Tamanaha makes some important points, overall there are too many inaccuracies within the article, which make it weak and unpersuasive. There are three particular arguments that will be pursued in this dissertation. Firstly, it will be argued that Legal Positivism does in fact deal with real world matters. Secondly, that the separation thesis supported by Hart is in fact false and Tamanaha may have misunderstood his work. Thirdly, it will be argued that Tamanahas alternative is not the way to move forward; in fact we should move in a completely different direction and focus more on science rather than descriptive theory. Legal Positivism and Real World Matters To begin with, we need to clarify that Tamanahas article is not without value, as Tamanaha has made some valid arguments, which cannot be disputed. Throughout his article, Tamanaha gives us a good account of what traditional legal positivism stood for and how contemporary legal theorists have transformed this important legal theory. As a result, it is only necessary to give a brief account of the historical background of legal positivism at a later stage in the dissertation. For now, we will turn our attention to the issues within the article, the most problematic claim in the Tamanaha article is one where he states that legal positivists have divided into two different groups whereby both argue about legal theories and turn their backs on real world matters.  [4]  This is something that I strongly disagree with and will be spending a large section of the essay arguing against this point. Apologies are made in advance, as it may seem to the reader that we are going off on a tangent but it will become clear at the end of this section that Tamanaha has made a critical mistake in making this claim. My line of argument will be to look at Brian Lieters writings in Legal Realism and Legal Positivism Reconsidered and dispute Tamanahas statement through the link between American Legal Realism and Legal Positivism. Leiter argues at the outset the there are two common misconceptions within jurisprudence that he wants to rebuff. Firstly, that Legal Positivism a nd Legal Realism are not incompatible from a conceptual level. Secondly, that Legal Realism has been gravely misunderstood even by the central character of modern legal positivism, Hart.  [5]   It seems in Leiters view that only by comparing Legal Realism to Legal Positivism on a conceptual level can Hart argue that they are opposed to one another. He adds on that Positivism is essentially a theory of law-a theory, in part, about what is distinctive of any societys legal normsRealism is essentially a descriptive theory of adjudication, a theory about what it is judges really do when they decide cases.  [6]  In order for Legal Realism to work it must presuppose a theory of law and this is where according to Leiter Legal Positivism comes in.  [7]  Leiter admits that Legal Realism cannot ascertain to be a theory of law on a conceptual level because quite frankly is it a philosophical mess but he suggests that there are links between Legal Positivism and Legal Realism on an Empirical level. The empirical level will consider whether or not legal rules causally determine judicial decisions. Leiter goes on to add that even though Hart was aware of this possibility he has n ot given a convincing argument to dispute the link at the empirical level.  [8]  One has to wonder why Hart stayed clear of such debates, was there something he was afraid of discovering. Leiter is insistent that anyone writing on Legal Realism should fully understand what it stood for before attempting to define what it is or what it does. He adds on that many of the main characters within Legal Realism like Llewellyn, Frank, Radin, Moore, Yntema, Cohen, Oliphant, Green, and Hutcheson wanted to achieve the goal of understanding judicial decision-making and, in particular, shared certain substantive views about how adjudication really works.  [9]  Leiter presses the argument that Legal Realism is a descriptive theory about how judges actually decide cases based on the facts of the cases instead of looking at legal rules. Although, it does seem clear that judges can predict cases if they fall within distinct patterns. This process allows judges and lawyers to predict the outcome of a case where the facts fall within a situation type which the outcome of that type has already been determined.  [10]  Oliphant clarifies this point when referring to commercial law and dealings between parties and the fact that judges may rely on commercial norms  [11]  (i.e. what would reasonably be expected of both parties in this situation) in order to decide a case. Therefore, it seems that Realists wanted to identify and describe the way in which decisions are made by judges.  [12]  This is very similar to the way in which conceptual analysis works, which demonstrates that there is some sort of link between Legal Realism and Legal Positivism. Legal Realists wanted to push forward the idea of an empirical theory of adjudication as it gave us the best opportunity to fully understand judicial decisions.  [13]  Of course, such a theory would only work if Realists were able to presuppose an existing theory of the concept of law.  [14]   Leiter, like many others before him makes it clear that Legal Positivism is a theory of law or about the nature of law.  [15]  What this tells us is that we must use this theory as a way of understanding and analysing our concept of law. This is a task which involves establishing the criteria of legality  [16]  and determining whether a certain norm is a legal norm. Leiter then covers the two most important theses of the Positivists theory. The social thesis (which concludes it is society which decides what will count as law, social fact) and the separation thesis (which states that what the law is and what it ought to be are separate questions).  [17]  If Leiters work is read carefully, it will become clear where Hart went wrong in his analysis and the fact that Hart offers no conclusive arguments to rebut the connections between Legal Positivism and Legal Realism. So if Hart misunderstood Legal Realism himself it is inevitable that those who read Hart and interpret his work will be making the same mistakes. There are two clear arguments as to why Legal Realism and Legal Positivism are connected. Firstly, both Legal Realists and Legal Positivists accept that law is indeterminate. According to Leiter, Realists argue that trying to determine if a law is justified, based on legal rules has not worked in the past and that is not something that Realists want to do.  [18]  Therefore, Realists only wanted to find out what it is that makes judges decide cases in this way. Similarly, Hart accepted that legal rules are indeterminate because there is a limit, inherent in the nature of language, to the guidance which general language can provide.  [19]  This was because language is, in Harts opinion, open-textured: There will indeed be plain cases constantly recurring in similar contexts to which general expressions are clearly applicable (If anything is a vehicle a motor-car is one) but there will also be cases where it is not clear whether they apply or not. (Does vehicle used here include bicycles, airplanes, roller skates?). The latter are fact-situations, continually thrown up by nature or human invention, which possess only some of the features of the plain cases but others which they lack.  [20]   This then makes it clear that even the most celebrated 21st century legal positivist is aware that there are similar features between Legal Positivism and Legal Realism. The second argument is that both Positivists and Realist agree that legal rules do not determine decisions in some cases.  [21]  Realists for example argue that it will be up to judges to decide how the use a range of tools available to them when interpreting previous decisions. As Llewellyn puts it judges have the discretion to interpret a case strictly or loosely and that in most cases their interpretation will be recognised, legitimate, honorable.  [22]  It is through adjudication that private parties, such as individuals or corporations are able to sort out legal disputes. In addition, adjudication is there to review any disagreements between private parties and public officials. If then judges are involved in the legal process whereby they have to assess evidence and arguments presented to them about leg al issues surely this is something which can be considered a real world matter. Tamanaha has failed to consider these sorts of arguments in his article and as a result has opened himself up to criticism. Contrary to Tamanahas argument, Legal Positivism does deal with real world matters, as adjudication is a real world matter. Legal Realism is about highlighting how law operates in practice, and Realists wanted to locate law in its broader context (not separate). Leiter also points out that Realists challenged the myth of legal certainty- by highlighting indeterminacy of law. More importantly to our task here, it is clear that Legal Realism concerns law and study of law as an inherently practical activity associated with the real world.  [23]  As a result, these findings suggest that Tamanaha was wrong to make such an erroneous claim without looking at the evidence to back up his premise. There are also a number of other faults with Tamanahas article. In an attempt to convince the reader, Tamanaha has selected specific writings about legal positivism, which heavily criticise it in order to suit his side of argument, whilst ignoring arguments that are made in favour of legal positi vism. He quotes Waldron who said that these analytical discussions tend to be flat and repetitive in consequence, revolving in smaller and smaller circles among a diminishing band of acolytes  [24]  . What Waldron believes is that we should go back to traditional legal philosophy in order to improve our understanding of the concept of law. He states that in legal philosophy: there is less of a sense of a canon of great books stretching back to the dawn of time. If there is canonical work it is H.L.A Harts book, The Concept of Law, which analytical jurists read over and over (and the squabble amongst themselves as to what it means and whose position is now closest to what Harts is taken to be). Since Hart Developed his theory by criticizing the nineteenth-century jurisprudence of John Austin, there is also some half-hearted discussion on Austins work. Beyond that however, the canon of legal philosophy is attenuated and non-existent.  [25]   Of course, it is true that there hasnt been any standout publication on legal philosophy after Hart published The Concept of Law, but that does not mean that we should go back to the traditional ideologies on legal philosophy. Hart proved that some of the original ideas behind legal philosophy are unpractical in a modern society thus is it unproductive to keep applying them when trying to ascertain our concept of law. So common sense and reality would make us reject what Waldron suggests. Tamanaha then considers Twining, who has asserted that positivist debates are now repetitious, trivial, and almost entirely pointless.  [26]  Twining comes across as a great admirer of Bentham whose work is highly valued, however, Twining believes that Bentham should not remain as a historical figure in legal philosophy. For Twining Benthams à ¢Ã¢â€š ¬Ã‚ ¦version of legal positivism; a more flexible and subtle conception of sovereignty than Austins; his penetrating attack on natural right; his progressive ideas on punishment; and his theory or adjudication  [27]  remain important topics. In fact, Twining goes one step further to suggest that we should go beyond Benthams work and look at the work of Augustine and Plato to help us understand issues we deal with today.  [28]  Whilst Benthams work was crucial, it is important to remind ourselves that what he produced was suited for the 19th century, thus it seems unlikely that it will be beneficial in dealing with issues in a contemporary society. With regards to going beyond Bentham, it is impossible to conceive how ancient ideologies would help us deal with modern issue and therefore Twinings suggestion is on the verge of being absurd. Tamanaha also refers to Schauers work to argue that large numbers of American law professors believe that analytical jurisprudence in general, and the debates about legal positivism in particular, are the largely irrelevant preoccupation of a small group of socially unaware but philosophical obsessed pedants.  [29]  The simple explanation to this is that almost everyone involved in legal philosophy is a positivist.  [30]  Even Tamanaha accepts that legal positivism is the dominant legal theory of law, as the first paragraph of his article states that: Most legal philosophers agree that legal positivism is the dominant theory of law today.  [31]  As a result, it is extremely difficult to argue on anything more than marginal issues as the main issues have already been agreed upon. Therefore, until we have another philosopher like Dworkin or Hart who is able to come up with new and radical ideas, unfortunately, marginal arguments is all that is left for contemporary legal positivists to debate. Tamanaha has presented some inconsistent arguments in support of his position. Right at the outset, he admits that legal positivism is by far the biggest camp within legal theory  [32]  but at the same time attempts to argue that it is no longer relevant. It is simply irrational to describe a theory as being both dominant and irrelevant at the same time, Tamanaha has either set out his article to be extremely provocative, or he has not really planned his arguments. Nonetheless, Tamanaha then moves on to explaining why legal positivism has reached this point of being irrelevant. One of his arguments is that for much of its existence, the primary foil for legal positivism has been natural law theory. But natural law theory no longer has the primacy it once did.  [33]  Yet, Tamanaha then says that due to an agreement reached by natural law theorists and legal positivists on certain issues legal positivism has lost and important reason for being.  [34]  It is astonishing how a professor who, according to Washington University in St Louis, is a renowned jurisprudence scholar and author  [35]  would make this sort of argument. Natural law theory might have hampered the complete domination of legal positivism but Tamanaha himself admits that natural law theory no longer has the primacy it once did. How can a legal theory lose a reason for being if it is still the dominant theory after all this this time? In fact, Tamanaha is completely wro ng as legal positivism is easily the best theory of law and there does not seem to be a theory out there that can match it.  [36]  Tamanaha seems to be confused as to what legal positivism stands for, namely that it seeks to provide a better understanding of the nature of law  [37]  and if a new idea comes along positivists are willing to adopt it. Churchill once said, I am an optimist- it does not seem to be much use being anything else.  [38]  It has become clear that Tamanahas reasoning as to why legal positivism is in a problematic state is completely flawed as natural law only had a marginal effect on the dominance of legal positivism. The most surprising error in Tamanahas article is his attribution to Harts success in the Concept of Law as on one of the reasons legal positivism has reached this point. Tamanaha writes that Hart established the parameters of the current understanding of legal positivism. Tamanaha goes on to add that legal positivism today remains trapped within Harts paradigm.  [39]  Either Tamanaha has misunderstood Harts writing or he has completely failed to grasp it. Hart made it clear in The Concept of Law that his interpretation of the concept of law is quite open in that it does not forbid the extension of the term.  [40]  Therefore, how can legal positivism be trapped in Harts paradigm if Hart himself has admitted that this is not a conclusive answer of what the concept of law is and that from time to time this term will need to be expanded in order to be applicable in a modern society. Tamanaha could at least afford Hart the courtesy of fully reading and understanding his work befo re making such erroneous presumptions, which do not portray Harts objectives. Yet, Tamanahas misinterpretation of Harts work does not stop there. One of his other arguments is that legal positivism through the separation thesis allows us to be in a better position to challenge evil law. Tamanaha relies on a quote from Hart who said that: So long as human beings can gain sufficient cooperation from some to enable them to dominate others, they will use the forms of law as one of their instruments. Wicked men will enact wicked rules which others will enforce. What surely is most needed in order to make men clear sighted in confronting the official abuse of power, is that they should preserve the sense that the certification of something as legally valid is not conclusive of the question of obedience, and that, however great the aura of majesty or authority which the official system may have, its demands must in the end be submitted to a moral scrutiny.  [41]   According to Tamanaha, only if we separate the question of law and morality we can be in a position to judge whether a law is moral or not, Tamanaha writes that Hart is Reminding everyone of the separation between law and morality, according to this view, should enable citizens and legal officials to recognize, resist, and disavow evil law.  [42]  To drive this point home Tamanaha also relies on Schauers work,  [43]  but in a few pages within the same work Schauer concludes that the separation of law and morality does not necessary allow people to resist bad law.  [44]  To add further misery to Tamanahas argument, Bix writes that there are no conclusive arguments either logical or psychological, for favouring legal positivism or natural law theory (or any other alternative) for the resistance to evil law.  [45]  Again, Bix is another source Tamanaha has quoted in his article but somehow he has either misread his own sources or has chosen to simply construct them in a way which would better suit his argument. In summary, it has become clear that Tamanaha has presented a number of unfounded arguments, which can easily be rebutted. In fact, some of his arguments come across as unprofessional and it is surprising that that someone who is highly regarded in legal philosophy would see any value in presenting such arguments to the reader. Having discovered that Tamanahas claim that legal positivism does not connect with real world matters is misguided, we will now move on to the second part of the dissertation, which will argue that contrary to Tamanahas belief the separation thesis is in fact false. Separation Thesis is False One of the key arguments Tamanaha makes in the article is that the shift away from traditional legal positivism has had a wider affect to the point that one of the fundamental ideas behind it namely, the separation thesis, has been dramatically transformed to a point where it no longer resembles the original ideas.  [46]  Looking at legal philosophy from a historical context, it is clear that Benthams contribution helped shape the way in which law is perceived today. As a result, it would be almost impossible to talk about legal positivism without mention his work. Classical legal positivism as portrayed by Bentham and Austin suggests that the notion of law is simply a command of the sovereign, which obliges subjects to obey the law and gives official authority to carry out punishment. Modern legal positivists adopt a considerably more sophisticated approach to the concept of law, but, like their distinguished predecessors,  [47]  they deny the relationship between law and mo rals.  [48]   Bentham single-handedly sought to transform English common law in order to achieve a greater good in society.  [49]  Through his critical analysis of the common law Bentham made it possible to construct a comprehensive theory of law. Bentham wanted to unmask the true meaning of the common law and make all of the common laws misconceptions clearer.  [50]  In his opinion, the common law was so indeterminate, and in such chaos that it was close to being pervasive. His main argument was that in order to achieve clarity and certainty common law had to be written and recorded in a manner, which could be traced when a similar legal issue arises, thus allowing for them to be deal with in the same manner throughout England.  [51]  Bentham wanted to organise the common law in a way that it could control the behaviour of society as citizens would have a clearer idea of how they would be punished if they disobeyed the law.  [52]  In addition, by systematically setting these rules it meant judges had less power in making the law and it made it easier to understand your legal rights and obligations. John Austin followed in the work of his predecessor as he advocated the idea of commands as notions of law. Austin was concerned about state power and which laws subjects had to obey. It can be argued that both Bentham and Austin wanted to achieve a greater understanding of the principal features of the law. However, it has been suggested that Austins definition of law as commands is limited in its application only to criminal law.  [53]  In addition, other writers have observed that whilst Bentham was concerned about a single complete law Austin wanted to create a science of law.  [54]  Austin also made it clear that what the law is and what it should be are two separate questions and they should always stay separate.  [55]  It is in no doubt that Bentham and Austin laid the foundations for modern legal positivism. However, their ideas have been considerably refined, developed, and even rejected, by contemporary legal positivists. H.L.A. Hart is often credited with providing a more sophisticated account of legal positivism than provided in Bentham and Austins writings. In doing so, Hart advises us that we must apply analytical, linguistic and philosophical techniques to the study of law in order to achieve a greater understand of the concept of law.  [56]  In The Concept of Law, Hart made this point clear from the outset in the preface that his task is about achieving a descriptive sociology [or in other words, hermeneutic description] thus a deeper meaning in the nature of words and law.  [57]  Hart considers legal concepts and the ideals we may have about the law and legal systems in a different point of view. He asks questions which had not been asked before, focusing specifically on the conceptual context of law. Whilst advocating some of the previous ideas about legal positivism, Hart strenuously denies that law should be seen as an imperative theory of law.  [58]  Harts interpretation of posi tivism is completely different to the accounts given by Bentham and Austin. This may be because society has changed dramatically since their time; as a result, contemporary legal positivism focuses less attention on a coercive picture of law. Hart made it clear that the only way to understand the true nature of law is to look at actual social practices that apply within our own communities.  [59]   Law, in Harts analysis, is a system of rules, which our society constructs and transforms as time goes by. Legal rules are divisible into primary rules and secondary rules.  [60]  Primary rules prohibited committing certain acts which would have jeopardised the close coexistence in our community (e.g. theft, murder etc.). However, as a society becomes more complex, there is obviously a need to change these primary rules, hence why Hart advocates secondary rules. Unlike primary rules, secondary rules do not generally impose duties, but usually confer power to adjudicate on breaches of primary rules, and to identify which rules are actually obligation rules.  [61]  For Hart, there are tw

The Mexican Revolution: An Overview Essay -- Essays Papers

The Mexican Revolution: An Overview Throughout its history Mexico has had many revolutions. The most famous perhaps is the Mexican Revolution from 1910-1920. The people of Mexico were getting tired of the dictator rule of President Porfino Diaz. People of all classes were fighting in the revolution. The middle and upper classes were dissatisfied with the President’s ways. The lower and working class people had many factors such as poor working conditions, inflation, inferior housing, low wages, and deficient social services. Within the classes everyone was fighting; men, women, and children all contributed to the fight for freedom from Diaz (Baxman 2). This revolution proved to be the rise and fall of many leaders. In the beginning of his reign, Diaz was almost ideal and had great intentions for Mexico. He created a more stable government and got rid of crime. The quality of life was improved. The government was made stronger by dispatching governors to the various areas of Mexico. The army was also made stronger by professionializing it. The police force readily enforced Diaz’s laws. Diaz also relied on a group of aristocrats as advisors. As Mexico grew, structurally and economically, foreign films invested in the area. The money from the films helped Diaz to build highways, railroads, telegraph lines, oil fields, and rejuvenate the mining industry. New industries were also created and in fifty years Mexico had transformed itself from a third world country to the ideal model of a developing country (Summary 3-4). Although these things helped to build up Mexico, they also were the factors in the destruction of Diaz. The people in power became wealthy but the rest of the population remained impoverishe... ...r lifestyle (Baxman 2-3). Everyone in Mexico was affected by The Mexican Revolution. Whether they were fighting for their freedom or wanted to escape the chaos, they were affected by the rise and fall of power. It also affected some people in the United States as Mexican immigrants came into the U.S. People fought for their freedom and after many years of fighting were able to achieve that. Sources: Author Unknown. Summary of the Mexican Revolution. [Online] http://www.geocities.com/CapitolHill/Lobby/9980/PAPER.HTML,year unknown. (Accessed 3/12/99). Baxman, Cindy. History of the Mexican Revolution, 1910-1920. [Online] http://ac.acusd.edu/History/projects/border/page03.html, 1998. (Accessed 3/12/99). Consul General. The Mexican Revolution. [Online] http://www.mexconnect.com/MEX/austin/revolution.html, 1996. (Accessed 3/12/99).