Wednesday, May 6, 2020
Hunger of Memory Religion Essay - 667 Words
Hunger of Memory: Religion Rodriguez is very open about Catholicism and the identities and views that he has had in his life both as a child and now as an adult. He begins by explaining how as a child, the Church had a profound impact on his everyday life. The Church had ââ¬Å"an extraordinarily physical presenceâ⬠in Rodriguezââ¬â¢s early life as he had a church and a catholic school both within one block in either direction of his home (Rodriguez pg 85). As a young boy, Rodriguezââ¬â¢s first taste of church was through a small wooden church across town where mass was done all in Spanish. At this stage of his life, Rodriguez still felt alienated by ââ¬Å"los gringosâ⬠and maintained that public and private life should be kept separated. But asâ⬠¦show more contentâ⬠¦His connection with the church slowly dwindled as well as stopped going to confessional and began to go to his friends if he needed advice. However, Rodriguez continued to blend his catholi c views with his intellectual readings on theology and really became a free thinker. Rodriguez admits that ââ¬Å"education may have made it inevitable that I would become a citizen of the secular city, but I have come to embrace the cityââ¬â¢s values. By choice I do not confine myself to Catholic societyâ⬠(pg. 115). This idea of free choice is ultimately where Rodriguez finds himself in his religious views. He is an individual who chooses what he wants to believe in, and it is part of his identity was an educated adult. Although many of his religious ideals as a child were lost due to the changing world around him, Rodriguez admits that he stills wishes that he could go back to the way the church was when he was a child. He ââ¬Å"longed for the Latin massâ⬠(pg. 112) as it was simplistic and as it focused on the individual rather than the group. Rodriguez believes that ones relationship with God is at an individual level and that all the changes made in church are ââ¬Å"aimed at serving Catholics who no longer live in a Catholic worldâ⬠(pg. 113). As the times and church have changed, so has Rodriguez. He admits that he will continue to go to English mass but will recall the faith that he once had as a child. Rodriguez willShow MoreRelatedA Discussion Of Similarities And Differences1388 Words à |à 6 Pagesscientific researchers, as human patterns of thinking, feeling, and behaving are different, and this difference is grounded in biologically mandated individual features. Althoug h, there is something in common for different social groups, and ethnicity or religion might be contemplated as a wide factor that units individuals. 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Is his work effective to understandRead MoreEssay on The New Concise History Of The Crusades1231 Words à |à 5 Pagesremain a very important movement in human history, and are hard to understand, as they include several themes and they lasted for a long time (about two hundred years, and the author covers a period of about eight centuries in his chronological work). Religion is, of course, the most recurrent theme we think about the Crusades, but is it the only factor to explain them? How does Madden, considered as one of the most foremost historian of the Crusades, expose them in his book? Is his work effective to understandRead MoreThe Hunger Games and PTDS Essay1930 Words à |à 8 Pagesa movie without thinking too deeply into the issues that a character may have. Recently, I have become very fond of anything that has to do with the Hunger Games. Upon watching the movie and reading the first book, it became apparent that one of the main characters was suffering from Posttraumatic Stress Disorder, commonly known as PTSD. The Hunger Games is an annually televised lottery where a boy and a girl from each district in the nation of Panem, compete in a game of survival called upon byRead MoreFugitive Pieces Essay1119 Words à |à 5 Pagessupport, love, and care of Athos. Athos simultaneously offers Jakob unconscious understanding. ââ¬Å"Our secrets will be our courage when we need itâ⬠(p. 116), Athos tells Jakob, implying that this is the way Jakob survives. Jakob keeps his memories of pain, and pain of memories deep inside for the often times he is feeling hellish, melancholy pain and they act as his strength, his anchor. After the death of Athos, Jakob is left with nobody to care for him. 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War, death, hunger, and sadness caused the elders in the society of The Giver to force each citizen to live extremely structured, controlled lives. That structure and control effected each personââ¬â¢s ability to live unique, private, and free lives. The elders in The Giver wanted all the citizens in the community
Impacts from Space and Mass Extinction Events Free Essays
string(55) " shallow marine ecosystems would have been devastated\." Describe concept of faunal succession and use of fossils in correlation and in the subdivision of Earth history. -Principle of Faunal Succession: Strata of Eke age can be recognized by the fossils they contain even if the outcrops of strata are separated by large distances geographically, this only works because species have evolved through time C] older forms of life die out and new forms develop -using the appearance and disappearance of fossils to subdivide geological time Is the science of physiotherapy D. Recognize the qualities that make fossils useful in physiotherapy. We will write a custom essay sample on Impacts from Space and Mass Extinction Events or any similar topic only for you Order Now ââ¬â Physiotherapy: each fossil species is said to have a range through geological time 0 it exists in the geological record from the point that it evolves to the point that it becomes extinct E. Identify important historical figures in the development of stereography and physiotherapy. Archbishop of Armada, James Usher (1581-1665) calculated the Earth to be 6000 years old by adding up all the dates mentioned in the Bible and arrived at a date of October 22, 4004 BC as the creation of planet Earth (hard to accept by many people) -Late asses and asses scientists started to conclude that the Earth Is ancient and had undergone much change throughout Its history. This George Xavier (1769-1832) examined the remains of mammoths in Europe concluding they were a once living species that had become extinct F. Appreciate the scale of changes that can occur over geological time scales. ââ¬â Geological time scale ââ¬â to represent the changing character of the Earth through time, fossils were used to correlate between different regions and characterize particular periods of Earthââ¬â¢s history -Today we have a time scale that divides and bedsides Earthââ¬â¢s 4. 6 billion years into various time periods G. List some of the major subdivisions/ ages of the geological time scale and appreciate the relative scale between the Phonetics and the Precambrian. This is due to an extraordinary proliferation of fossils at the base of the Phonetics in a period called the Cambrian. -Most creatures with hard parts like shells, teeth, and internal skeletons evolved here as they fossil much more readily than soft-bodied creatures -In addition to an increasing biodiversity as new species evolved, many of the new ââ¬Å"hard part creaturesâ⬠would more readily form fossils. H. Understand how extinction events are linked to the structure of the geological time call. Eras are broad subdivisions that are particularly significant as they represent a grouping of geological periods. They represent times when there has been a major change in the Earthââ¬â¢s biosphere. -The base of the Phonetics is defined by the emergence of creatures with hard parts. -The base of the Mesozoic and the Cenozoic is based on the emergence of new species following a mass extinction at the top of the Paleozoic and Mesozoic respectively. -The base of all periods is defin ed on the emergence of radiation of new species l. List some of the major developments in the history of life on Earth. ) At least 30% of Earthââ¬â¢s species must be lost 2) It must be across a broad range of geologies, not restricted to any one niche. 3) It must have short/sudden duration (around 1 million years maximum) K. List the ââ¬Å"Big Fiveâ⬠mass extinction events and their order through time. 1) Cretaceous / Polygene (Tertiary) (K/Peg), 65 Ma 2) Late -errantââ¬â¢s, 205 Ma 3) Perm / Triassic, 251 Ma 4) Late Devotion, 360-375 Ma 5. Late Ordination, 440-450 Ma L. Distinguish between broad extinction-producing phenomena. ) Biological causes: Organisms being brought together that once lived in isolation can cause mass extinctions (ex. Many of the New Zealand ground dwelling bird fauna were devastated when human hunters and then later European mammals (cats, rats, dogs) were introduced) -The three main modes of biologically induced extinctions: a. Competition between creatures occupying the same ecological niche b. (E xcessive) Predation: Predators do not have to do the whole Job, Just drive a population to a low enough level then ââ¬Å"random extinctionâ⬠can complete the extinction. The idea behind a random extinction is that, although the number of individuals in a species may grow and the species may spread over a wide area, thing ensures the permanent survival of a species. C. Pathogens: disease being introduced to an area by incoming plants or animals 2) Earth-based causes: Extinctions influenced by Earth-based tectonic processes may be caused by changes in continental configuration or changes in atmospheric composition a. Changes in continental configuration: changes in the distribution of continents can have a profound effect. Two major effects of continental configurations: -Changes in climate, ocean cyclist, sea level. Weather patterns and the movement of the oceans are directly linked to the distribution of continents. The Late Ordination extinction -The greater the landmass the lower the diversity. At the moment we have a relatively high biodiversity. This is in part due to the number of continents that are in effect isolated from one another. In times when there is a high degree of continental fragmentation, evolution can proceed in isolation to produce many different species on different landmasses. If plate tectonics cause the formation of a large interconnected land mass there will be more competition between species and lower biodiversity. 0 The Perm/ Triassic Extinction b. Changes in the atmosphere: volcanic activity can also have severe effects. Gases such as carbon dioxide can cause greenhouse warming and aerosols may cause climatic cooling. These can significantly affect the health of the biota c. Extraterrestrial impacts d. Combination of many factors: it is very unlikely that any one factor would be responsible for a global crisis in the biosphere. M. Describe the late Ordination and Perm-Triassic extinction. -Late Ordination: Australia, moves towards the South Pole during the late Ordination causing a severe ice age. As water was locked up in the form of glaciers at the Southern Pole, sea level fell. This may have had a severe effect on creatures that live in the shallow water, lose to the continental margins. As the sea retreated off the continental shelf and into the ocean basis shallow marine ecosystems would have been devastated. You read "Impacts from Space and Mass Extinction Events" in category "Papers" The Perm / Triassic Extinction (the WORST day for the Biosphere, 251 Ma): At the end of the Permian, plate tectonics had brought all the continents together to form the super continent of Pangaea -Between 95-98% of all species would go into extinction -It hit both ocean- and land-based ecosystems and was less than 1 million years in duration -Many of the common Paleozoic marine creatures would suffer badly through this e xtinction including trilobites, barbershops, and crinoids. On land, large amphibians and mammal-like reptiles would be badly effected. -Potential causes of the Perm / Triassic extinction (involves a number of events happening at the same time): 1) Continental configuration: drop in biodiversity. The greater the landmass the greater the competition between species. At the end of the Permian, the superscription of Pangaea or ââ¬Å"all landsâ⬠would have brought many species into direct competition. 2) Sea level fall: less ocean ridge activity. Sea floor spreading slowed its pace during the Permian, resulting that the oceanic ridges were smaller in size and displaced less water. Consequently oceans retreated from shallow areas into the deeper basin causing problems for creatures that lived in any remaining shallow marine environments. 3) Oceanic stagnation: The close of the formation of Pangaea saw the end of an ice age. Cold polar waters probably disappeared and ocean circulation slowed or stopped. This would have reduced ventilation of deep ocean waters killing off many deeper marine species. In addition occasional overturn of stagnant water could have brought oxygen poor waters to shallower marine communities as well. 4) Climate change: Due to the formation of a large landmass, limited would have been much drier and subject to drought. 5) Siberian Traps: massive volcanic activity in Russia: Around 2-3 million kamala basaltic lava were produced within a million years. Carbon dioxide from the volcanic activity and methane caused by melting of gas hydrates would have resulted in greenhouse warming of the planet. In addition, gas emission from volcanoes would have also produced acid rain effects. 6) Possible impacts: Although still very controversial, it is possible that the Earth suffered impacts from space during this time as well. N. Describe the character of extinctions at the K/Peg boundary. Just as the end of the Permian extinction marked the beginning of a new grouping of periods (the Mesozoic) the end of the Cretaceous extinction is likewise so distinct that it marks the beginning of the latest grouping of periods, the Cenozoic. Characteristics: 1) Over 50% of all species on the planet would go into extinction during the k/Peg extinction event 2) One land, few creatures over 25 keg in weight would survive 3) In general, the extinction was even more severe in the oceans with around 80-90% of marine species including the ammonites and marine reptiles going into extinction -A ether and son scientific team, Louis and Walter Olivarez brought the K/Peg extinction crosses the K/Peg boundary in Gobi, Italy. The I-CM clay layer lies directly on top of the latest Cretaceous rocks and was found to be enriched in the element iridium (very rare at the Earthââ¬â¢s surface and yet in this layer was enriched over xx above background 0 has now been recorded in many other sections around the world that straddle the Cretaceous. Polygene boundary) -Iridium is known to exist in higher concentrations in extra-terrestrial objects such as asteroids. Olivarez suggested that he clay layer enriched in iridium has been produced by a meteor or comet over 10 km in diameter impacting the Earth. He suggested further that this impact may have also been responsible for the extinction at the end of the Cretaceous. O. Discuss the evidence used to support the K/Peg impact. 1) Fern spores vs.. Pollen: Ferns are often the first plants to colonize a landscape that has been devastated by fire. In the earliest Polygene (part of what was formerly called the Tertiary), many areas show an increase in fern spores relative to pollen. This suggests that global forest fires may have raged at the end of the Cretaceous paving a landscape open for ferns to spread. This is further supported by high concentrations of soot found around the K/Peg boundary. 2) Tektites: they are thought to be produced during an impact event and they are composed of natural gas. During impact, rock is melted and ejected form the crater. As it travels through the air and cools, it forms characteristic aerodynamic shapes. Many tektites are found at the K/Peg boundary in many different locations, suggesting a massive impact event. 3) Shocked quartz: In many sections around the K/Peg boundary, fragments of the mineral quartz show evidence of multiple fractures. These fractures are thought to be produced when rock is shattered during a high-energy impact. The fragments are called shocked quartz. 4) Tsunami deposits: Tsunami waves leave characteristic sedimentary deposits on inundated shores and as far inland as the waves reach. This feature was found in Mexico, Texas, New Jersey, and the Carolinas suggesting the passage of an enormous wave, far larger than could have been produced by standard tectonic processes. Such a wave could have been generated if an impact had occurred in the ocean. P. Describe the location and probable nature of the K/Peg impact. The distribution of tektites, iridium, shocked quartz, and other potential impact related features was pointing towards a possible centre of activity in the Yucatan Peninsula of Mexico. An oil company had drilled wells in the area and encountered unusual fractures and even melted rock suggesting the area had been subjected to some form of extreme stress. The presence of a crater was finally confirmed when geophysical data revealed a large circular disturbance over km in diameter, the Clubbing Impact Crater -The object responsible for this crater had a shallow angle of entry around 0-30 degrees and is estimated to have been at least 10 km across. -As an analogy, you can think of something the size of Mount Everest hitting the surface of the planet. The energy released by the impact was equivalent to 6. Axes tons of TNT. An estimated 100 kamala of rock was vaporized and released to the atmosphere. Material that wasnââ¬â¢t instantly vaporized was thrown out of the crater (the ejects) and Q. Describe the initial and long-term effects of the impact and their environmental consequences. 1) Initial effects (seconds to days) of the impact in the area of the Yucatan Peninsula were significant a. Everything close by would have been vaporized b. The intense heat form the blast and the hot debris (including tektites) would have started massive forest fires as suggested by the fern and pollen data c. As the impact occurred partly in the ocean, a massive tsunami would have been generated 2) Longer-term effects (months to decades) of the impact were numerous. Two significant effects were on global temperature and on atmospheric composition. A. Global temperature changes -Dust thrown into the atmosphere would have shut off sunlight for weeks or perhaps months generating a period of cold (a ââ¬Å"Cold Houseâ⬠, lasting weeks to months. The lack of sunlight would also have had severe consequences for plants and photosynthetic algae. -After the dust had settled, water vapor would have remained in the atmosphere acting as a blanket, preventing heat from escaping the Earth. This would have created a greenhouse effect and caused a rise in global temperature. Eventually the excess water vapor would be removed by rainfall. However, the temperature of the Earth would continue to rise due to the release of greenhouse gases during impact (a ââ¬Å"Hot Houseâ⬠), lasting years to decades. In particular, carbon dioxide would have been liberated when large quantities of limestone (calcium carbonate, Cacao) would have vaporized during the impact . -The Mesozoic had in general been a warm equable environment. These swings in temperature would have laced a lot of stress on creatures more used to stable climatic conditions. . Acid Rain -High-energy blasts can cause oxygen to combine with nitrogen to form oxides of nitrogen. When these are dissolved in water (ex. Rainfall), it becomes nitric acid. -In addition to the vaporization of limestone as described in (a) above, rocks called evaporates were also vaporized in the blast. Evaporates form when salts precipitate out of solution as the sun evaporates a body of water. This can occur on a vast scale, for example in the Mediterranean Sea, which is closed off at the Strait of Gibraltar. With virtually no input of water from the Atlantic Ocean, high rates of evaporation resulted in the Sea being converted into a vast sultan. This process had also occurred in the Yucatan area. The effect of high-energy blasts on sulfate-rich evaporates is the release of large amounts of sulfur gases. These gases, when dissolved in rainwater, fall to Earth as sulfuric acid. Although the acidity of the nitric- and sulfuric- containing rain was weak and could probably not affect any large animals directly, they would have been affected the acidity of soil and surface ocean. This would have had a devastating effect on plant life and plankton. Thus, the effects from acid rain on the organisms that form the base of the food chain or food web had serious repercussions for all the creatures at higher atrophic levels. R. Consider other potential causes of the K/Peg environmental consequences. -Some scientists remain convinced that another impact at the K/Peg boundary (perhaps not loud have been significantly larger than the Clubbing impact, but impacts would NOT have been the only cause. Some factors may be: -During the late Cretaceous, the superscription of Pangaea was starting to fragment. This would have caused changes in oceanic circulation and climate. -Even more significantly, global climate would have been affected by an increase in volcanic activity, in particular, during the formation of the Decca Traps in India, which were highly active at this time. Like the Siberian Traps that occurred at the end of the Permian, this activity would have reduced vast quantities of gases that could have seriously affected the Earthââ¬â¢s climate. S. Describe the type and location of potential impostors and rate of meteor influx. 1) Comets are essentially material left over from the formation of the Solar System and are composed of icy material and other debris ââ¬â effectively ââ¬Å"dirty snowballsâ⬠in space. As comets travel towards the Sun, the ices vaporize producing the cometââ¬â¢s tail. -Two examples of comets are comet Halley, which comes into view of the Earth every 74-79 years, and comet Hale-Bop that was last seen in the night sky in 1997 and will turn in 2380 years. An annual event is the Leonie Meteor Shower, which is visible in Canadian skies in November. This rain of ââ¬Å"shooting starsâ⬠is produced as the Earth passes through the debris left behind by comet Temple-Tuttle as it orbits around the sun -There are two comet ââ¬Å"storesâ⬠in the Solar System: a) The Keeper belt exists in an area from about the orbit of Neptune to about 50 aukââ¬â¢s out (1 AU = 150 million km) -May conta in 1 billion (1 x IOWA) comets that are greater than km in diameter. ) The Root cloud is a cloud of comets that exists way beyond the Keeper belt and is only Oakley associated with our sun -May have more than 200 comets with a diameter greater than 500 km with many smaller but still significant in size -It is interesting to note that comets may have been responsible for bringing much of the water and perhaps some of the organic compounds that would lead to the development of life of Earth 2) Asteroids are mostly found in a belt between the orbit of Mars and Jupiter. It is speculated that they may represent the material that might have formed another planet early in the history of the Solar System if it were not for the gravitational effects of Jupiter. Some asteroids are solid, rocky to metallic while others are little more than ââ¬Å"rubble pilesâ⬠in space. Collisions between asteroids could potentially cause them to be redirected into Earth-crossing orbits. Of those so far mapped, a few are over km in diameter, about 1000 have diameters greater than 30 km and 1 million (alexia) with diameters over 1 km T. List some of the major impact features preserved on the Earthââ¬â¢s surface and explain why impact craters appear to be rare on Earth. -Around 100 billion (IXIA 1) objects enter our atmosphere every rush 0 most of these are burned out at a distance of km above the Earthââ¬â¢s surface. These objects are commonly traveling around 11-km/ second. At such speeds, the atmosphere acts like a brick wall. If an object enters at a shallow angle, it may skip like a stone being skipped across a pond and fly back out to space -Early in Earthââ¬â¢s history, our planet probably suffered on our planetary neighborsââ¬â¢ like Mercury. The evidence of this early bombardment is missing on Earth due to processes of erosion and active plate tectonics. -Until recently (sassââ¬â¢s) the possibility of impact on Earthââ¬â¢s surface was regarded as improbable. -Craters such as Meteor Crater in Arizona and even the craters on the non were held by some to represent extinct volcanoes and not impact craters at all. U. Describe some of the features and processes of crater formation. Gene Shoemaker was to change this view by studying features such as the material thrown out of a crater (ejects), shocked quartz, and chemical anomalies, which demonstrated extra-terrestrial origins for these features. -With the aid of satellite imagery, we are now beginning to identify more craters on the surface of our planet. V. Provide examples of Canadian Impact Craters. -Manicuring impact crater (Northern Quebec) ââ¬â formed about 214 Ma in the Late Triassic. It is km in diameter but was probably as wide as km before glacial erosion stripped away the upper levels. This impact even is thought to be associated with 4 others including Saint Martin Crater (Manitoba) ââ¬â 40 km in diameter and Architecture Crater (France) ââ¬â 25 km in diameter. -When the continents are reassembled into their locations during the late Triassic all these craters line up along 22. 8 degrees North latitude over a distance of 462 km. -It is thought that this almost improbable alignment may actually represent a fragmented body that generated several impacts. It is interesting to note that although the effects of this impact would have been severe, it is not associated with a major mass extinction event W. Describe the hypothesis proposed by Rap and Sheepskin. -They analyzed the number of mass extinctions during the Phonetics and concluded that every 25 million years there was severe stress on the biosphere, sometimes associated with a mass extinction event -There is no known terrestrial geological process that could cause this fr equency of problems for the biosphere. So it was suggested that an extraterrestrial source may be to blame 0 comets in the Root cloud were cited as being the most likely culprit -Rap and Sheepskinââ¬â¢s hypothesis suggests that every 25-26 million years, something shifts the Root cloud, which causes some comets to fall in towards the Sun and a possible impact with the Earth 0 for this to work, we need to identify a gravity source that can cause disturbances in the cloud on a regular 25 million year basis: 1) Nemesis ââ¬â Companion Star: This hypothesis proposes that our Sun has a companion star way beyond the outer limits of our Solar System whose orbit brings it close to the Root cloud every 25 million years. The gravitational effects of this close pass could cause comets to fall into the inner Solar System. If this body was a red dwarf star or even a black hole, it might be difficult to detect, but even though powerful telescopes such as Hubble have the Nemesis hypothesis, this has an astronomical body (Planet X) that causes shifts in the Root cloud as it orbits around the Sun. In this case, the body y is a planet lying within the bounds of the Root cloud but outside the Keeper belt. Again, no evidence of such a planet has been found. 3) Movement Through the Galactic Plane: In the same way that our planet orbits the Sun, so our Solar System orbits around the center of the Milky Way Galaxy. Galaxies are not Just flat pancakes of stars, they also have ââ¬Å"thicknessâ⬠-In addition to traveling around our galaxy, our Solar System is also moving up and down through it, Every 25-26 million years we pass through the densest part of the galaxy, which contains a higher number of stars and also the most gravitational effects. It is proposed that it is this movement through the dense part of the galactic plane that is responsible for the shifts in the Root cloud and thereby a potential impact related biosphere crisis every 25 million years or so. X. List and describe some recent impacts and ââ¬Å"near missesâ⬠. ) Tunas, Siberia None 30, 1908): A large explosion about km above the surface attributed to an extraterrestrial object breaking up I the atmosphere (which is why no crater was found). Fortunately, the area was not populated but people and horses km away were knocked off their feet. The shock wave from the blast traveled around the Earth twice. -In Scotland and Sweden, a light appeared in the sky so bright that you could read books at am without the aid of artificial light. It has been suggested that this might have been a fragment of comet Neck, which was passing close by the Earth at hat time -Over 80 million trees were knocked over covering an area about kamala (compare the area of the Tunas devastation to that of the area occupied by Washington, D. C. ) 2) Asteroid near misses: 1989, 1996, 2009, 2011 -March 22, 1989: A mm asteroid misses Earth by 6 hours. How to cite Impacts from Space and Mass Extinction Events, Papers
Saturday, April 25, 2020
Statutory Construction free essay sample
Statutory Construction is the art or process of discovering and expounding meaning and intention of the authors of the law, where that intention is rendered doubtful by reason of the ambiguity in its language or of the fact that the given case is not explicitly provided for in the law is the drawing of warranted conclusions respecting subjects that lie beyond the direct expression of the text, conclusions which are in the spirit, though not within the letter of the text 2. Statutory Interpretation is the art of finding the true meaning and sense of any form of words, while Statutory Construction is the process of drawing warranted conclusions not always included in direct expressions, or determining the application of words to facts in litigation. Interpretation is limited to exploring the written text. Construction on the other hand is the drawing of conclusions, respecting subjects that lie beyond the direct expressions of the text. We will write a custom essay sample on Statutory Construction or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page 3. Necessity for Statutory Construction Rules of statutory construction are tools used to ascertain legislative intent. They are not rules of law but mere axioms of experience. Rules of statutory construction help the courts resolve bad cases. Thus, where there is ambiguity in the language of a statute, courts employ canons of statutory construction to ascertain its true intent and meaning. 4. Statutory Construction in relation to the present structure of government. In our system of government: ? Legislative power is vested in the Congress of the Philippines ââ¬â the Senate and the House of the Representatives. ? Executive power is vested in the President of the Republic of the Philippines. Judicial power is vested in one Supreme Court and in such lower courts as may be established by law. Legislative ââ¬â makes the law Executive ââ¬â executes the law Judicial ââ¬â interprets the law * Construction is a judicial function. It is the duty of the Courts of Justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the government. Supreme Court is the one and only Constitutional Court and all other lower courts are statutory courts and such lower courts have the power to construe and interpret written laws. The duty and power to interpret or construe a statute or the Constitution belong to the judiciary. The Supreme Court construes the applicable law in controversies which are ripe for judicial resolution. It construes or applies the law as it decides concrete and controverted cases based on the facts and the law involved. It does not give legal opinion on hypothetical cases or in cases which have become, as a rule, moot and academic. * Legislature cannot overrule judicial construction. The legislature has no power to overrule the interpretation or construction of a statute or the Constitution by the Supreme Court, for interpretation is a judicial function assigned to the latter by the fundamental law. * When judicial interpretation may be set aside. By amending the Constitution, the framers of the fundamental law may modify or even nullify a judicial interpretation of a particular provision thereof. The rule that the Supreme Court has the final word in the interpretation or construction of a statute merely means that the legislature cannot, by law or resolution, modify or annul the judicial construction without modifying or repealing the very statute which has been the subject of construction. 5. Kinds of Construction and Interpretation ? Hermeneutics ââ¬â the science or art of construction and interpretation. ? Legal hermeneutics ââ¬â is the systematic body of rules which are recognized as applicable to the construction and interpretation of legal writings. Dr. Lieber in his work on Hermeneutics gives the following classification of the different kinds of interpretation: a. Close interpretation ââ¬â adopted if just reasons connected with the character and formation of the text induce as to take the words in the narrowest meaning. This is generally known as ââ¬Å"literalâ⬠interpretation. b. Extensive interpretation ââ¬â also called as liberal interpretation, it adopts a more comprehensive signification of the words. c. Extravagant interpretation ââ¬â substitutes a meaning evidently beyond the true one. It is therefore not genuine interpretation. d. Free or unrestricted interpretation ââ¬â proceeds simply on the general principles of interpretation in good faith, not bound by any specific or superior principle. Limited or restricted interpretation influenced by other principles than the strictly hermeneutic ones. f. Predestined interpretation ââ¬â takes place when the interpreter, laboring under a strong bias of mind, makes the text subservient to his preconceived views and desires. 6. Statutory Construction in relation to the Civil Code The Civil Code of the Philippines follows the above rule thus: Laws shall have no retroactive effect, unless the contrary is provided. 7. Statutory Construction in relation to the Doctrine of Stare Decisis The decision of the Supreme Court applying or interpreting a statute is controlling with respect to the interpretation of that statute and is of greater weight than that of an executive or administrative officer in the construction of other statutes of similar import.
Wednesday, March 18, 2020
Leigh Ann Walker Case Analysis Essay Example
Leigh Ann Walker Case Analysis Essay Example Leigh Ann Walker Case Analysis Paper Leigh Ann Walker Case Analysis Paper After we reviewed the case of Leigh Ann Walker and discussed it as a group, we felt that Jackie Vaughn overreacted to Walkers admission that she had been untruthful regarding the CPA exam. Walker was only trying to protect her reputation when she had told Vaughn that she had not taken the CPA exam in May and was planning on taking it in November. She had been given a great opportunity in her mind to start her career working with a well-respected individual within the company such as Jackie Vaughn. In Vaughn mind, she didnt want to waste such an opportunity, so he was going to do everything possible to make sure that she did an adequate Job and to impress her superior in every way she could. When the question came up on whether she took the CPA exam, she had reason to assume that she had failed the test in May, so she was only trying to impress Vaughn by telling her that she was planning on taking it in June instead of telling her that she thought the first test was a failure. If we were in the same situation, we wouldve handled the situation differently had we been in Jackie Vaughn position. The biggest mistake that we found with the way Vaughn handled the situation was that she did not talk to Walker directly about how she felt, and she didnt tell her what she wanted to happen before going to upper management. After Vaughn heard the news about Walker passing the CPA exam, she became irritated and didnt talk to Walker for a few days after that. What we would have done in Vaughn place was to talk to Walker about the situation a day after Vaughn heard the news. This way they could both share their sides of the story, and make sure that there wasnt a misunderstanding between the two. If after they met and talked about it, and Vaughn still felt the same way, then we think it would be alright to talk about it with upper management. However, going straight to the top with the news and requesting that Walker be fired is out of the question in our minds. This is because Walker is new to the company, and there is pressure to try a make a good first impression with your fellow employees. Also, because Walker had passed the CPA exam and was such a great student makes her a great hire with potential to become a great employee of the company. As with Jackie Vaughn position, we also would handle the situation differently if we were in Don Roberts position. Roberts fired Walker on the basis of what Jackie Vaughn had told him. We think that Roberts decision is wrong and that Walker should not be fired. The facts are that Walker had been doing a great Job in her first few weeks, she was a great student in college, and she had Just passed her CPA exam. To fire Walker because she was only trying to protect her image and make a good first impression with her fellow employees is wrong. What we would have done was to transfer Walker too different team. This would help Walker gain the respect of some other employees within the company and it allows the company to keep a great worker with a lot of potential. In regards to whether it is possible that one could fulfill the responsibilities of a professional role while lacking personal integrity, we decided that there are situations in which it is possible. In this case, Vaughn questions Walkers personal as lacking personal integrity in the case because she wasnt completely honest with Vaughn, then we decided that it is possible for someone to work in a professional role effectively. Walker continued to do an adequate Job while working on her assignment even though she lacked personal integrity. She is able to do this because she keeps her professional integrity separate from her personal integrity. Just because she wasnt honest to Vaughn, it doesnt mean that she cant fulfill her Job duties. She doesnt lose any of her capabilities Just because she wasnt completely honest. On the other hand, although lacking personal integrity may not affect someones ability to perform their Job duties, we decided that it doesnt make your Job any easier. For example, if a person repeatedly tells lies to employees, or only looks after themselves instead of their fellow employees, then it would make their Job harder. This is because the way you treat other co-workers affects the way that they treat you. If you cant do a favor for a co-worker, then it is less likely that they will help you out when you may need them in the future because they will remember the time when you didnt want to help him or her out. More than likely, there will be times when you may need advice or a favor from one of your co-workers, and lacking personal integrity will not make your Job any easier.
Sunday, March 1, 2020
The Popular Childrens Books, The Spide Chronicles
The Popular Children's Books, The Spide Chronicles The Spiderwick Chronicles is a popular childrenââ¬â¢s book series written by Tony DiTerlizzi and Holly Black. The fantasy stories revolve around the three Grace children and their frightening experiences with fairies when they move into an old Victorian home. The Spiderwick Chronicles Series According to a letter from co-author Holly Black that appears at the beginning of each of The Spiderwick Chronicles series, it all started when she and Tony DiTerlizzi were at a bookstore book signing and were given a letter that had been left for them. The letter was from the Grace children, and it mentioned a book that ââ¬Å"tells people how to identify faeries and how to protect themselves.â⬠The letter went on to say, ââ¬Å"We just want people to know about this. The stuff that has happened to us could happen to anyone.â⬠A few days later, according to Black, she and DiTerlizzi met the Grace children, and the story the children told them became The Spiderwick Chronicles. After their parentsââ¬â¢ divorce, the Grace children and their mother move into the ramshackle Victorian home previously occupied by their great-aunt Lucinda. The three children, thirteen-year-old Mallory and her nine-year-old twin brothers, Jared and Simon, are still adjusting to their parentsââ¬â¢ divorce and are not happy with their new home. While Mallory has her fencing to keep her occupied and Simon his menagerie of animals to care for, Jared is angry and at loose ends. Almost immediately, odd things begin to happen, beginning with strange sounds in the walls, and leading to the discovery of the small unexpected and unfriendly other occupants of the house and area. Written in the third person, the books emphasize Jaredââ¬â¢s point of view. Itââ¬â¢s poor Jared who tends to get blamed for all of the unpleasant things that happen, thanks to the faeries. He finds a secret room and an amazing book Arthur Spiderwickââ¬â¢s Field Guide to the Fantastical World Around You, a book about identifying and protecting yourself from faeries. While the first book is quite mild and provides a basic introduction to the human characters and the threat from the fantastical creatures, the action and suspense is ratcheted up in the remaining books. The Grace children come in conflict with goblins, a shape-shifting ogre, dwarves, elves and other frightening characters. The series ends with the kidnapping of Mrs. Grace and her childrenââ¬â¢s desperate, and ultimately successful, attempt to rescue her. The Appeal of The Spiderwick Chronicles The short length of these childrenââ¬â¢s novels - about 100 pages - the uncomplicated, yet suspenseful and scaryà fantasy stories, the engaging main characters, the attractive design of the small hardbound books and the full-page pen and ink illustrations in every chapter make the books particularly appealing to younger children who are independent readers or who enjoy having an adult read to them. The Books of The Spiderwick Chronicles The Spiderwick Chronicles: The Field GuideThe Spiderwick Chronicles: The Seeing StoneThe Spiderwick Chronicles: Lucindas SecretThe Spiderwick Chronicles: The Ironwood TreeThe Spiderwick Chronicles: The Wrath of Mulgarath Other Spiderwick books include: Arthur Spiderwicks Field Guide to The Fantastical World Around YouThe Notebook for Fantastical Observationsà The Creators of The Spiderwick Chronicles Tony DiTerlizzi is a best-selling author and an award-winning illustrator. His books include Jimmy Zangwows Out-of-This-World Moon-Pie Adventure and Ted. Mary Howittââ¬â¢s The Spider and the Fly was awarded a Caldecott Honor because of the quality of DiTerlizziââ¬â¢s illustrations. Tony DiTerlizzi is both the co-author and the illustrator of The Spiderwick Chronicles. He has illustrated work by such well-known fantasy authors as J.R.R. Tolkien and Anne McCaffrey. His pen and ink drawings in The Spiderwick Chronicles give life to the characters and help to set the mood of adventure and suspense. Holly Black is also a best-selling author. She specializes in contemporary fantasy novels for teens and children. Her first book, Tithe: A Modern Faerie Tale, a fantasy novel for young adults was published in 2002. Although they have known one another for a number of years, The Spiderwick Chronicles series and related books represent the first collaboration between Tony DiTerlizzi and Holly Black.
Friday, February 14, 2020
Account for Japans decision to go to war against the United States in Essay
Account for Japans decision to go to war against the United States in 1941 - Essay Example Attempts to successfully negotiate a ceasefire failed primarily on account of Japanââ¬â¢s refusal to return conquered territory (Iinkai 1973, 111). As the Second World War progressed, Japanese leaders began to feel increasingly vulnerable and particularly isolated (Bess 2008, 27). From the Japanese perspective the Soviet Union was a long and enduring enemy so that by 1936 Japan had subscribed to an anti-Communist pact with Germany and Italy. Fortifying the anti-Communist and anti-Soviet stance, Japanese military factors had conflict with the Soviet factions on Koreaââ¬â¢s border with the Soviet Union in 1938. A larger battle would follow between the two in 1939 at Nomonhan near the border between Mongolia and Manchuria. The latter was a region in China conquered by Japan. The Soviets defeated the Japanese in this later battle and forcing Japan to conclude a non-aggression truce with the Soviets having learned that Germany had entered into a similar agreement with the Soviets. The knowledge that Germany had engaged a non-aggression pact with the Soviet Union would be a turning point for Japan. In the latter stages of the 1930s Japan had commenced cooperation strategies with Nazi Germany, assuming that the two nations would jointly attack the Soviet Union and divide that countryââ¬â¢s wealth between them (Duiker and Spielvogel 2006, 696). Japan came to the realization that it could not take the Soviet Union on its own and would inevitably have to find another method for obtaining its wealth. Attention then turned to Southeast Asia. This would mean a potential war with the Europe over its colonies in the area and the US who had already expressed disapproval of Japanââ¬â¢s attack on China, particularly following an attack on a US naval ship stationed in China (Duiker and Spielvogel 2006, 696). German victories in Europe in 1940 however, particularly the
Saturday, February 1, 2020
Dont blame Wal-Mart Essay Example | Topics and Well Written Essays - 500 words
Dont blame Wal-Mart - Essay Example The threat of millions of American shoppers to Wal-Mart is another issue, which is discussed in details in the Reich's essay. Reich in his essay has not only highlighted problems, but he also suggests solutions. No doubt honest living is everyone's right and we can see the same case in this crisis. Both, the workers of Wal-Mart and other shoppers need an honorable livelihood. The main problem is not that both sides like different things. The problem is that both sides do not have the complete picture. I also like the convenience that a one-stop shopping place like Wal-Mart offers me. Six days a week, I work like a slave, but on the day I shop at Wal-Mart, I feel like the Queen! I love their service with a smile and their clean stores. Most of all, searching for bargains and seeing so many beautiful things give me pure joy. I cannot buy everything I like, but seeing those colorful items on display gives me something to look forward to, something to save for, a future treat to savor for myself, my kids, or for our home. A few hours shopping at Wal-Mart helps me rest and forget the many troubles in life. Walking through the shopping aisles of Wal-Mart is like a relaxing walk in the park, and this is what I want to continue enjoying, at least once a week. The essay made me think of how we can strike
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