Thursday, January 30, 2020

James Dickey Essay Example for Free

James Dickey Essay James Dickey (1923 1997) is one of the outstanding modern American poets. His criticism provides a scope of ideas on what humanity has gained throughout the twentieth century. His viewpoint is likely to amaze an observer by constant critical notes on what is universally called â€Å"amenities of life.† Thus, the figure of James Dickey cannot be underestimated in terms of his poetical style and criticism of perpetually developing progressive life of the mankind during the twentieth century. His inclinations to make people understand the charms of primitivism and animalism were straightforward. He could put his reasoning over the entire life through the eyes of animals and nature. Thus, the environmental problem of humanity and morality worried him much. It is reflected in his poetry by making emphasis on the significance of return to the nature in order to think like a â€Å"child of nature.† Dickey’s main motivation for claiming the importance of return to primitivism was not spontaneous. He had got through participation in World War II and Korean War (Thesing and Wrede 151). In this respect the poet was highly depressed by losing his older brother. In fact, it turned into a cycle of poems on the main themes of family, survival, spiritual rebirth, love, war and some other (Vaughan 115). With multiple poems included in the compilation The Whole Motion, Dickey described war as the source for cruelty and disfigured estimation of humanity at large (Thesing and Wrede 153). In this very collection one embraces the evolution of Dickey as a poet. The author followed a specific for Modernism feature of the stream-of-consciousness technique. He introduced it in personal evaluation of human civilization, as a self-destructing unity of people. Moreover, Dickey was trying to make a set of interrelated topics interwoven in terms of their collision and approach toward the concept of a â€Å"natural man.† Attacking the problem of civilization, James Dickey is likely to blame world’s progress on the example of his best-known poem The Firebombing: The enemy-colored skin of families Determines to hold its color In sleep, as my hand turns whiter Than ever, clutches the toggle – The ship shakes bucks Fire hangs not yet fire In the air above Beppu For I am fulfilling An ‘anti-morale’ raid upon it (Kendall 511). Based on this single excerpt from the poem, Dickey brings the main problem of the mankind to notice. It is grounded on misunderstanding of where the edge between morality and violence takes place. The author perceives an enormous and ominous power of violence supported by humanity. He understands personal helplessness. Thus, he had no choice but to reflect his rumination in the form of a holistic criticism of the civilization and its consequences. Hence, Dickey is constantly critiquing civilization, and it feels like he never repeated the same theme colored by a banal estimation. It is also included into The Sheep Child. His poetic language was easy to comprehend. Thus, the readers and followers can easily take Dickey as he is. As a matter of fact, born in Atlanta, Georgia, Dickey was loosely related to the concept of nature as he lived, studied, and worked for some period of time in the south of the USA (OBriant 158). His â€Å"southern† origin and what he once experienced in person gave him motivation for teaching the audience being glowering toward what the civilized life had fallen into (James Dickey 1). In this respect the primitivism and the concept of the â€Å"natural man† are the paramount alternatives represented in his poetry.

Tuesday, January 28, 2020

Marks and spencer group

Marks and spencer group 1. Vision (mission Statement) Marks and Spencer Group (MS) is a retailer of clothing, foods and Homeware. It operates through owned stores and franchise stores. The company has two reportable geographic segments: UK and international. MS operates through a chain of 622 stores across UK and 278 international outlets throughout 34 countries worldwide The companys operations can be categorized under two divisions: food and general merchandise including clothing and home ware. The food division focuses on fresh, natural, healthy food; special celebration products; authentic ready meals and exceptional everyday food such as Oakham chicken and Aberdeen Angus steaks. It chain of 205 franchised Simply Food stores operates in railway stations, Heathrow Airport and motor service areas. These stores offers its customers an opportunity to shops between visits to the companys main stores. The clothing division product portfolio includes womens wear, mens wear, lingerie childrens wear and footwear. Hong Kong, India, Bangladesh , Sri Lanka and Turkey offices provides the raw materials to the division. This division offers some prominent brands which includes: Autograph, Limited Collection, Cellozione, Blue Harbour, Girls Boutique, Per Una and Ceriso. The home division product and services caters homeware and home accessories; kitchen and tableware; lighting; and furniture products. The division also offers catalogue and online services (Company Overview 2009) The vision of this project would be to bring up the Limited collection brand of Marks Spencer the most sought after product in the market. This research will put up strategies which in turn make the limited collection brand to be most popular in both UK and international segment. 2. Aims Rebrand the Marks and Spencer Limited Collection to resonate with the brands long standing vision. Expand the brands current target market. Create an in-store environment that represents the aspirations of the brands target consumer. Market research is an orderly, objective way of learning about people. The people who buy from you or might buy from you (AG strategies 2003). This research will mainly aim at setting market targets against which results can be evaluated. It also works out the time needed to make the presence felt. To calculate the right price as the price is the value of the product we offer and a sum which can be afforded by the customers. 3. Objectives; Tactics Expand the brands target audience to the demographic of women aged 30-45 over 12 months, aiming for a 15% increase in sales within each 6 months period. Develop and maintain successful relationships with its target customers in order to capture a value from customers to create profit and customer equity. Exploiting the opportunity to mace process of comparing the companys products and processes to those of competitors or leading firms in other industries to find ways to improve quality and performance. 4. SWOT Analysis Situation Analysis Internal Analysis Corporate Social Responsibility at Marks and Spencer has traditionally been interpreted as a paternalistic regime for the large labour force of shop assistants which provides a provision of quality and value for money for the customers. As 90 per cent of these were women cared for by women supervisors, perhaps ‘maternalistic would be a better word. The welfare facilities were no doubt appreciated by the Companys numerous retail workers (Chapman, S 2004). Though the clothing market faced a difficult year many factors, Marks Spencer remain the number one brand on the High Street. MS continued to develop their brands, with particular focus on improving their value, while injecting newness and style across their ranges. The three fold aim we had at the time of beginning the womens wear brands two years ago have been established and fulfilled successfully. They were mainly to clearly segment all our brands in line with our clear customer profiles; to keep our brands fresh; and to offer great quality and value at all price points. ‘In 2000 Sir Harry Djanogly, Chairman of Coats Viyella, announced to an incredulous textile world that it was no longer profitable to supply MS. Then Charnos closed its dedicated factories for the same reason, whilst Bairds, Gents and Bentwood were axed by new bosses at MS head office, and Dewhirsts sharply cut back and were forced to close several factories. The chain store group finally decided it could manage with three major British clothing suppliers (Coats Viyella, Courtaulds and Dewhirsts) but when the first of these severed the connection, MS was left with serious problems (Chapman, S 2004). The market we are dealing with very little lead time so that we need to get new products into the stock more frequently than anticipated. External Risks and Opportunities Concentrating solely on the youth may not be the wisest thing to do. As the youth can be very unpredictable, moreover now the youth are sheltering back home due to the recruiting freeze. The demographic between the young and the retired will provide the best opportunities. In our ageless society, for those in their late 30s and beyond looking or feeling young has retail appeal. Appealing accessories will also help to put the limited collection to the main stream of sought after brand. Peronis latest promotion offers customers the chance to win an Antonio Berardi leather laptop case (Birra di Moda), pitching this accessory as something aspirational and exclusive. In reality, a series of factors might make the man bag an increasingly practical and popular purchase. The trends of 50s and 80s now again making an uproar, if one exploit the opportunity in a right manner on could capture the attention of potential buyers. 5. PESTEL Analysis Political Analysis The global nature of the crisis will make it far more difficult for many countries to rely on devaluing currencies to make their economies more competitive and increase export volumes. Deflation will affect emerging economies especially if the national currency is depreciating sharply. There is also then a danger that imported inflation will get out of hand. That said raising interest rates to strengthen the local currency in a time of recession and low liquidity is pure poison for the respective economy (Verdict 2009). Among the Top Five economies, the major mature economies of western Europe (Germany, France, the UK, Italy and Spain), rankings remained stable with the UK ahead of France. And in the Top 10 Polands consumer expenditure has leapfrogged Belgiums. However, Greece has displaced Austria in the Top 10 and has overtaken Sweden in the process (Verdict 2009). Economical Analysis ‘Marks Spencer is the leading retailer in the clothing market, with a market share of 10.4% in 2008. It has wide price architecture and targets a broad customer base through its variety of sub brands, though mainly attracts older, more affluent customers. Intense competition from value players as well as other department stores has placed Marks Spencer under great pressure, particularly in clothing where the difficult economic environment is forcing consumers to be much more selective about what they spend their money on (How Briton Shops 2009). ‘As an effect of the recession customers have become savvier in their shopping habits and are increasingly concerned about value. As a result, shoppers are buying from a bigger pool of retailers to ensure they are getting the best value for money. Though Marks Spencer continues to focus heavily on the value of its clothing, its offer is not as enticing as those of value retailers Asda, Primark and Matalan, which have all increased their main user shares'(How Briton Shops 2009). Social Analysis ‘However, customers mainly visit other clothing stores that are at the value end of the market. Five of the eight other clothing stores used by loyal main users of Marks Spencer are value retailers, highlighting how important it is for the retailer to stay competitive on price while also offering superior quality to ensure its success (How Briton Shops 2009). Technological Analysis ‘Opportunities for cross-shopping across departments remain. Though it sells electricals, food, footwear and homewares as well as clothing, Marks Spencer does not appear as the main store in these categories for its main customers for clothing. Footwear in particular should be a focus for the retailer, given the close proximity of the department to clothing and the opportunity to point out to customers co-ordinating themes for outfits (How Briton Shops 2009). In menswear, MS has looked to differentiate with technical product innovation, such as water and stain repellent Stormwear finish in trousers and a silver finish on the Freshfeet range of socks said to reduce the presence of bacteria that cause smelly odours (Mintel 2009). 6. Competitor Analysis According to Verdict research report 2009, Next is observed to be positioned in the second largest retailer after Marks Spencer with 7.1% share of the market in UK. Their main target market is aimed at 25-45 years old women and men consumers. They offer a wide range of products such as womens wear, menswear, children-wear, accessories, footwear, homewares and furniture (Verdict, 2009). While the other retailers have dropped their price and launched valued products During the recession in 2008, Nexts marketing strategy had been successful by retaining their products at same level of quality, design and price where other retailers have launched value ranges and dropped price. By assuring their quality and design, they also achieved positive impression on their brand image from the customers. However, they are still failing to attract young customers ranging 25-34 year olds. Over the past two years, Next had achieved very strong and solid online sales as known as the Next Directory, which ranked them as the highest online market share among the competitors. As one of Nexts marketing strategy, Next does not use their brands to target different segments of its customer base. Unlike Marks Spencer and Debenhams, Next limits and narrow its apparel resulting low loyalty from consumers. 7. Strategy Tactics Segmentation We want our customers to get what they are looking for. Mintel international group has announced that MS is the destination for clothes shopping for the over-45s, according to our consumer research, and is thus well placed to benefit from the expected ageing of the population. Where as the under 25s group had very limited appeal to the product MS carried. It is very clearly with in the plan that the aim of new strategy will be to make it appealing to the all three segments with more frequent stock updates at least by each week. On the one hand this means keeping the door open to the 30-somethings, encouraging an easy transition to MS shopping later. The recently launched Indigo range of casualwear and denim suggests a step in this direction, but the range falls short of offering anything really attention grabbing, in Mintels view. However, the more catwalk-led autumn 2009 collection could succeed in this. A strong childrenswear offer could also contribute, by bringing mums into the stores (Mintel 2009). The 40-somethings of today are the contemporaries of supermodels like Naomi Campbell and Claudia Schiffer, while the 50-somethings share their birth decade with Madonna, and while they may not aspire to look like these celebrities, they are influenced by the whole younger for longer trend. Catering for increasingly young attitudes with flattering cuts and materials is likely to be key, and something we believe the new Portfolio range has not fully succeeded in yet (Mintel 2009). Now the targeted segments will be a) 18-25, b) 25-40, c) 40-50, 50 and above The 18-25 segment will be the one that is shying away mostly from the wants they have due to the economic back down turns, and the alluring styles and pricing will be crucial for the revival of that segment to the expected out come. 7. Marketing Mix Making best use of the 4Ps Product The product offer has now expanded beyond the capacity of any individual store, underlining the importance of seamless integration between the physical stores and the back catalogue. While MS reports that it is trialling in-store ordering, Mintel feels this is an area where ensuring ease of access across channels would maximise synergies (Mintel 2009). MS has traditionally been all about one brand show room for clothes They always had From underwear to outerwear Across occasions from casual through business to formal Across price points in the middle mass market For almost all ages (perhaps with the exception of teens and young adults) Including footwear and accessories Now this has got to change a bit more appealing to todays tastes to make it an impacting product stock. The sub-brands divide the collection by fashionability/quality and, to a certain extent, by price, though segmentation of the offer in-store sometimes falls short of supporting this to maximum effect.

Tuesday, January 21, 2020

Macbeth :: essays research papers

Macbeth: An Overview   Ã‚  Ã‚  Ã‚  Ã‚  Macbeth is presented as a mature man enjoying an enviable reputation. throughout this Shakespearean play, however, Macbeth's emotions change drastically. His abilities in battle are stupendous, yet his abilities as a husband and King are on the contrary. His overvaulting ambitions overcome his morality, and lead him to do â€Å"the evil deeds† that he commits during his reign.   Ã‚  Ã‚  Ã‚  Ã‚  Macbeth's prophecies begin with his encounter with the three evil women, the witches. They put the thought into his mind that if he were to kill Duncan, he himself may become king. When Lady Macbeth found out about this, she liked the idea of becoming a queen. She uses many techniques throughout the first act to convince him to execute the King, including questioning his manhood. He appears to be a very strong individual before all of this occurred, being very stable mentally and being a hero in the eyes of his countrymen on the battlefield. All of this changes as the play progresses.   Ã‚  Ã‚  Ã‚  Ã‚  The â€Å"angel† on one of his shoulders is telling him how kind this male ruler has been to him and the country of Scotland. The little â€Å"greedy devil† on his other shoulder that wants to be King finally overcomes the â€Å"angel.† His mind finally warrants him the justification to kill King Duncan. He has deep regret for what he has done shortly thereafter. The murder of the King is the first to slowly break down his now fragile emotional state. He feels that after murdering the King, he has given his mind and soul to those evil and demonic forces which are the enemy of mankind.   Ã‚  Ã‚  Ã‚  Ã‚  It seems as though he is addicted to a drug; he must kill those who oppose him or those who (he feels) will do him harm in the future, yet he does not enjoy this. He is â€Å"hooked† on this drug and he knows it; however, he cannot stop until he is happy. He gains no satisfying peace because his conscience still obliges him to recognize the negative qualities of evil and the negative results of evil action. The individual who once prized mutable goods in the form of respect and admiration from those about him has now lost his sensitivity towards good and evil. His conscience is numbed, and he has almost reached a â€Å"peace† with himself, being morally obsolescent from what is really going on. The environment that he is subject to is continually being intensified, until his final encounter with Macduff ends everything.

Monday, January 20, 2020

Graduation Speech -- Graduation Speech, Commencement Address

A boy once approached Socrates with the desire to obtain wisdom. Without saying a word, Socrates led the boy down to the edge of the sea and walked in, beckoning him to follow. When they were standing waist deep in the water, Socrates pushed the boy down, completely submerging his head. He held him thus for a couple of minutes, until the boy was almost to the point of death, before letting him up. Sputtering and angry, the boy demanded to know why Socrates had held him underwater for so long. In response, Socrates asked, "when you were under the water, what did you want more than anything in the world?" After a moment's reflection, the boy answered, "I wanted to breathe." "Ah," Socrates replied. "When you desire wisdom and knowledge as much as you desired to breathe, it is then that you shall have it." Learning is a talent. It is something that is born from an intense desire to gain knowledge and it is something that can be practiced and improved upon. During our high school career, we have not only been learning how to conjugate verbs or how to integrate polynomials, but w...

Monday, January 13, 2020

Mixed martial arts vs Traditional Martial Arts Essay

Fighting and violence is one of the biggest problems in society today. MMA, to many people, is only promoting this as a value, instead of an issue. Another battle that this bloody sport is fighting is for its own legitimacy. There are plenty of other sports that have some fighting, but no one questions the legitimacy of sports such as ice-hockey, in which there is a fight at least once a game, or football (Frisht n. pag. ). MMA is also a relatively new and has also taken a large step from where it started, having been illegal in all 50 states shortly after its institutionalization (Ramirez n. ag. ). And even at that, UFC is the only nationally legal organization for MMA. Not only is it fighting for its authenticity as a sport, but it is fighting for recognition as a martial art and fighting style, as well. Some specialists and fighters argue that it is a martial art all its own. Others argue that it’s nothing more than a rip-off of the greatest martial arts that have come before it. Finally, other, more secular people rationally conclude that it cannot be considered a traditional martial art at all and is barely acceptable as a sport. But this also puts these people in the perfect position to be attacked by a very simply answered question: Why can’t MMA be considered a traditional martial art? To begin, one of the biggest differences between MMA and traditional martial arts is the purpose for which they were developed. MMA, for example, was developed as nothing more than a style for cage-match entertainment. Traditional martial arts, however, were developed for a variety of different reasons, mainly self-defense. For instance, Jiu-Jitsu and Ninjitsu both derive from ancient Japan as a means for the people to defend themselves against the Samurai (Browning n. pag. ). Similarly, Tang Soo Do was developed in Okinawa and Southern Korea under ancient Japanese influence (Yi n. pag. ). Not only is the purpose of MMA something that sets it apart, it is a difference that sets the stage for several other staggering differences. To continue, purpose is intertwined with origins. Many traditional martial arts come out of the ancient oriental regions as means of self-defense due to the areas unsafe and sometimes unstable societal environment. Thugs, brutal imperial fighter, and common bandits all posed a threat to civilians and those who didn’t particularly fancy their emperors, such as the Okinawan farmers under the oppression of the imperial Japanese samurai (Frisht n. pag. ). A handful of traditional martial arts even boast origins in Brazil, such as the Brazilian variants of Jiu-Jitsu. MMA, however, comes out of America and Europe as a means of entertainment (Greene n. pag. ). Next, Style is the biggest difference between traditional martial arts and MMA. Traditional martial arts are very focused on detaining or incapacitating an attacker. Many traditional martial arts accomplish this by utilizing non-lethal locks and strikes. Traditional martial arts are also guided by morality and law. When faced with non-lethal force, only non-lethal force is permitted in return. When faced with a serious, but non-life-threatening situation, only an equal amount of lethality is permitted. MMA, on the other hand, is much more brutal and borderline senseless (Greene n. pag. ). Also, where traditional Martial Arts would seek to just incapacitate using locks, MMA seeks to go above and beyond the required force, relying on strength where traditionalists would’ve chosen technique. When, relying on strength as a sole asset in combat, as described by Master Bob Cameron, a fighter’s combat variables become very dependent on their opponent. If their opponent is stronger and strength is the only strategy they hold as an asset, loss is pre-determined. Technique, however, allows one’s variables to be much more independent of their opponent’s. Using technique over strength allows a martial artist to apply their whole body to ascertain one goal; it allows a fighter to turn their opponent’s own strength against them, using it in their favor (Cameron n. pag. ). At last, the final reason MMA cannot be considered a traditional martial art is its training style. MMA takes a very solo approach to training, as it is a solo sport. A lot of its training is based on punching, kicking, and striking an inanimate target. Martial arts, traditionally, however is trained in a group. This allows a martial artist to test, study, apply, and perfect a technique on another martial artist, which drastically affects and differs the applicability and effectiveness of the two styles. In a real-world scenario, MMA is not very realistic, due to its brutality and aggressiveness. Traditional martial arts, however, allow an artist to realistically and safely incapacitate an attacker (Greene n. pag. ). The realistic training styles of traditional martial arts allow it to be much more effective in combat. To conclude, MMA and traditional martial arts have more distinguishing differences than are calculable, the most distinguishing being purpose, origin, fighting and training styles, and applicability. Although, many take their side, those who argue that MMA is a traditional martial art are fighting an uphill battle in a mudslide due to their scarce and obvious lack of support. The differences between the two create a gorge miles wide with no bridge that may never have been meant to have been crossed. Furthermore, these staggering differences clearly prove that MMA cannot be considered a traditional martial art.

Saturday, January 11, 2020

Background and Motivation Essay

The terms â€Å"corporate blog† or â€Å"business blog† have appeared very often in both of newspapers and academic journals. Increasing attention has been paid in understanding this new phenomenon. According to the Investor Business Daily, â€Å"there are 45% USA’s largest public companies have corporate blogs. † (where is your citation – is this also Klosek? ) Business Week has proposed the following: â€Å"Corporate blog is a blog used by the company to reach some goals. It helps businesses communicate internally more cheaply and effectively than workflow management software and e-mails. † A corporate blog can be one of the more successful popular communication tools after the E-mail, ICQ and MSN. In 2006, Business Week Online issued that â€Å"A Weblog (or blog) can be a powerful marketing tool, but it can also expose a business to a legal minefield. † As reported by Jacqueline Klosek, â€Å"Blogs can be used to market a company’s products and services, facilitate communications with clients, and even counter negative publicity† (Klosek, 2006). Several studies have pointed out the advantages of employing corporate blogging, citing that corporate blogging may be a tool for search engine marketing; a means of building good relationships with the customer; building of a company’s reputation; helping to put human voice to a company; serving as a way for employees and customers to communicate; and a tool for directly and immediately getting the customer’s feedback. There are still many threats that may hinder the adoption of the corporate blog, such as legal impediments with regards to violation of intellectual property rights and mismanagement leading to an eventual downfall of the organization; the disclosure of trade secrets can jeopardize the blogger’s career since this problem may cause his termination from the position, and also â€Å"Careless statements posted on a company-sanctioned blog can come back to haunt the company through litigation and other avenues† Klosek (2006) stresses. Since the study and research in corporate blogging phenomenon is still in its early days, scholars who have conducted empirical studies only focus on the benefits and risks when adopting the corporate blog, or the motivation behind creating corporate blog. It’s lack of analyzing the existing utilization and the effects of corporate blog from a systematic theoretical perspective. the DOI theory (Rogers, 1995, 2003) becomes mature, it can be applied in explaining how and why an innovation can be widely adopted and diffused. In order to find out the reasons indicate why corporate blog as a new innovation has been widely adopted and successful diffused, the DOI theory can be an effective framework for analyzing corporate blogging phenomenon. Thus, this paper aims to determine why the corporate blog as a new innovation is being widely adopted and used by the both the individual blogger and various IT organizations; the motivation in adopting blogging; the benefits of the corporate blog to organizations; and the reasons for its success. The research also tries to explain how and why the corporate blog is welcomed and has become a popular and successful new innovation, and the compatibility of its utilization with the existing values of its users. Thus, the author has conducted an empirical study in order to answer these problems from the Diffusion of Innovation theory (DOI) perspective. IT industry companies have been selected as samples for this study.

Sunday, January 5, 2020

Capital Punishment Discovering New Perspectives - Free Essay Example

Sample details Pages: 6 Words: 1737 Downloads: 9 Date added: 2019/03/11 Category Law Essay Level High school Tags: Capital Punishment Essay Did you like this example? Introduction Plainly speaking, and dispensing with all paraphrases, punishment is nothing but a means of society to defend itself against the infraction of its vital conditions, whatever may be their character. In the present time, Capital Punishment is one of the most criticized and debated punishment. Jurists are of the view that the death penalty serves an immoral purpose which is â€Å"cruel and unusual† punishment. Don’t waste time! Our writers will create an original "Capital Punishment Discovering New Perspectives" essay for you Create order The deliberate and conscious action of the state in taking of human life is decadent to human personality. The capital punishment has been practiced over centuries across the globe, we can notice few developments from the late 20th century towards abolition of the death penalty. However, the major developed countries are still retentionists. In India, after the Bachan Singh case, setting the standard of â€Å"rarest of rare case†, making it more just and precise. The Supreme Court in the Bachan Singh case, had noted that life imprisonment is a rule and death penalty is an exception, which must be awarded only after following certain guidelines considering the fact of cases and the graveness of the culpability and collective conscience of the community. What question lies here is the constitutionality of the Death Penalty and the effect it has on the society at large and prospective criminals. For this we need to understand the reason for existence of Death Penalty. Jurists have propounded theories that death penalty acts as a major deterrence to prospective criminals, based on the fear of punishment. In the nature of punishments awarded, death penalty can be stated as the strongest deterrent, because the fear of losing their own life in the minds of potential offenders, deters them to perform such actions. Not only the potential offenders, but also the criminals that are being awarded the Death Penalty, are being deterred by the virtue of incapacitation to perform such acts again. Also, with death penalty one could save the lives of the prospective victims. Executing one murderer, with a view of protecting the rights of the prospective victims seems to be much reasonable than protecting the life of the murderer by awarding life imprisonment. Historical Background of Death Penalty As a matter of fact, Capital punishment is not unknown to us. Capital punishment was a method of severe deterrence in the society back then. Though we know that death penalty existed in oral forms in primitive time period used to punish crimes of murder, theft, arbitrarily used by the king, the death penalty was first written down in the eighteenth century B.C. in the Code of King Hammurabi of Babylon. In the later years, European settlers introduced Death Penalty in America. The 1st execution was by Captain Kendall in the Jamestown colony of Virginia in 1608. In United States, first state to abolish the Death Penalty was Michigan except treason in 1846. Later on, Rhode Island and Wisconsin abolished death penalty for all crimes. By the end of 18th century Venezuela, Portugal, Netherland, Costa, Rica, Brazil follows for abolition of death penalty. Looking at the history of death penalty in India, the Indian Constitution has taken various features and principles from various other constitutions. The pre-constitution history and the constituent assembly debates have an imminent impact on the outlook towards the capital punishment. It can be said that the Assembly debates had taken into consideration the impact of capital punishment on poverty, discrimination and the possibility of error. When the British Government had executed Bhagat Singh, Sukhdev and Rajguru, the Congress had moved a resolution in Karachi session for abolition of death penalty. With adoption of Code of Criminal Procedure, 1898 and Indian Penal Code, 1860, the IPC prescribed six punishments that could be imposed under the law, inclusive of death penalty. However, the position of death penalty significantly changed in 1955 equalizing the status of death penalty and life imprisonment in capital crimes. The 35th law commission report recommended that, Having regard, however, to the conditions in India, to the variety of the social upbringing of its inhabitants, to the disparity in the level of morality and education in the country, to the vastness of its area, to the diversity of its population and to the paramount need for maintaining law and order in the country at the present juncture, India cannot risk the experiment of abolition of capital punishment.   With advent of time, the judicial syst em of India encountered various cases and instances which are now looked upon as precedent for deciding crucial matters, in context to death penalty as a punishment. Judicial Comments on Death Penalty The apex court has observed and set down certain principles, which need to be followed while awarding a death sentence. However, abolitionists are of the view that with implementation of the death penalty, it violates the essence of human living and the basic fundamental right to live guaranteed by Article 21 . The same was discussed in the case of Jagmohan Singh v. State of Uttar Pradesh . The parties to the case discussed the reasonability of the death penalty in regard to the judicial verdict and circumstances of the case. The pleader for the convict argued the constitutional validity of the death penalty. With discussions of morality and death penalty, the court had come to the conclusion that the Section 302 and 303 of Indian Penal Code are constitutionally valid. However, in the case of Ediga Anamma v. State of Andhra Pradesh , the judges held that: â€Å"A legal policy on life or death cannot be left for ad hoc mood or individual predilection and so we have sought to objectify to the extent possible, abandoning retributive ruthlessness, amending the deterrent creed and accenting the trend against the extreme and irrevocable penalty of putting out life.† Justice V.R. Krishna Iyer in the above case recognized the need to abolish the death penalty and sought the view of India being progressive and the need to value the human life and dignity. Subsequently, in the landmark case of Bachan Singh v State of Punjab , once again the validity of death penalty was challenged on the grounds that it is violative of Article 19. However, the judges had noticed that the fundamental rights are not absolute rights and the absoluteness must not be imposed upon the penal law. They also stated out that life imprisonment was a rule and death penalty was and exception, only to be awarded in the ‘rarest of rare case’ considering the aggravating and mitigating factors leading to the crime. In the landmark case of Mithu v. State of Punjab , where the Section 303, IPC was struck down as unconstitutional, on the grounds that it did not provide for any alternative punishment for murder except than the death penalty. The judgement considerably discussed the differences between Section 302 and 303 of IPC and how the principle laid down in the Bachan Singh case becomes meaningless if the death penalty is imposed regardless of the circumstances. They found the classification between a person committing murder already under sentence and a person committing murder not under any sentence baseless and irrational. Thus, they did not find any merits and justification for prescribing a mandatory sentence of death, and struck Section 303 of IPC as unconstitutional. International Trends and India The perspective towards the Death Penalty has evolved over past decades. Many countries have come forward and actively abolished or minimized the use of Death penalty from law or practice. Even those who retain it have set certain standards, reducing the use of the death penalty. According to Amnesty International statistics, at the end of 2014, 98 countries were abolitionist for all crimes, seven countries were abolitionist for ordinary crimes only, and 35 were abolitionist in practice, making 140 countries in the world abolitionist in law or practice. The list of 140 countries includes three that formally abolished the death penalty in 2015, i.e., Suriname, Madagascar and Fiji. 58 countries are regarded as retentionist, who still have the death penalty on their statute book, and have used it in the recent past. Though the number of 58 seems to be minority, it includes the populous countries like India, China, United States of America, exposing a large population to the punishment. With regard to capital punishment, International Covenant on Civil and Political Rights (ICCPR), is one of the important documents discussing the status of Capital punishment and international human rights law. The Article 6 of the ICCPR does not rule out the use of Capital punishment in its totality, but guarantees right to life, which in parts contradicts the use of death penalty. It was found that certain practices of implementing capital punishment were inhumane, cruel and violative of the basic human right to live with a dignified life. UN Resolution A/RES/69/186 and UN Resolution A/HRC/36/L.6 have focused on minimizing the use of the death penalty and ensuring safeguards for different sects of the society. For instances, in UN Resolution A/HRC/36/L.6 operative clause 3 discourages the use of arbitrariness and discriminatory application of law in use of death penalty. The resolutions specifically discuss about how the death penalty must not be used against mentally or intellectually challenged persons, people below the age of 18, pregnant women and not as a tool for dissuading specific forms of conduct such as apostasy, blasphemy, adultery and consensual same-sex relations. As an extension to ICCPR, the Second Optional Protocol aiming at abolition of death penalty is the only direct treaty towards this action. India ratified the ICCPR and the Second Optional Protocol, following the ‘rarest of rare case’ situations and setting high parameters to be fulfilled for awarding death penalty. In India, domestic legislation is required to make international treaties enforceable in Indian law. The Protection of Human Rights Act, 1994, incorporates the ICCPR into India law through section 2(d) and 2(f). The threshold of â€Å"most serious and heinous crimes† set by the International treaties and conventions have certainly limited the scope. Evidently, 140 countries have already abolished the penalty of death indicating a strong front for the movement against this inhumane practice. India, setting the principle of â€Å"rarest of rare case† has taken a step towards ceasing the misuse of the death penalty. However, we can deduce from the movement towards abolition that there exists no direct link between insurgency or terrorism. Countries like Nepal, who abolished Death penalty in 1990, retained its stance even when it underwent a civil war. The political will of a country is not directly linked with its socio-economic condition. The morality shapes the ideology and the decision to abolish or retain.

Friday, January 3, 2020

Life Is Like A River - 945 Words

If there is one consistency in life, then it is the one of change. As the ancient philosopher Heraclitus of Ephesus articulated with a brilliant and memorable statement on the river of flux that life is like a river: â€Å"We both step and do not step in the same rivers. We are and are not† (Heraclitus). What Heraclitus points out for those who are unfamiliar with this school of thought is, that the natural state of life is change where everything including ourselves is consistently changing, transforming, and morphing into something different than it was before. This theory that life is like a river is helpful for me to understand happiness. I like to see happiness as the river of flux where it comes, goes, and where it never appears the same. To me happiness has various forms and I try not to make it depended upon temporary conditions and rather go with the flow. For instance, having a good or bad experience is really more up to me. Yet some people may disagree with my view; however, out of my own experience happiness is not found in the outside world, more so I believe it is something what comes from within. The inside of that is that I am responsible for creating, living, and making conscious decisions on choosing to be happy in my life. For example, as a young adult, I knew I wanted to stretch my boundaries and pursue everything the world had to offer. I left my home country of Germany to move to the United States. I wanted to increase my fluency with the English languageShow MoreRelatedSiddhartha by Herman Hesse875 Words   |  4 Pagesferryman Vasudeva helping Siddhartha,the river helps Siddhartha with his path t oward enlightenment. The river serves as the instructor in Siddhartha’s journey when he abandons his wealth and leaves the Samanas. The river is like life, it flows in a certain direction, depending on the journey you want to take. The function of the river is that it will give one answers depending on the direction it takes. Because of the philosophical meaning of the river, if one understands it, they will achieveRead MoreSymbolism in The Negro Speaks of Rivers by Langston Hughes1074 Words   |  5 PagesSymbolism in â€Å"The Negro Speaks of Rivers† by Langston Hughes Symbolism embodies Hughes’ literary poem through his use of the river as a timeless symbol. A river can be portrayed by many as an everlasting symbol of perpetual and continual change and of the constancy of time and of life itself. People have equated rivers to the aspects of life - time, love, death, and every other indescribable quality which evokes human life. 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All of the major cities that we know today are surrounded by large river systems that supply its people with the means to survive in that region. These rivers also link o ur different communities togetherRead MoreFreedom And Inhumanity In Twains The Adventures Of Huckleberry Finn893 Words   |  4 Pagescharacter in The Adventures of Huckleberry Finn, Huck, life on land and the way of civilization that goes with it represent constrictive rules and inhumanity. Life on the river on the other hand and the wildness that goes with it represent freedom and humanity. The life and realizations of Huckleberry Finn in the novel show that the life that we thought is clean and organized on the outside is actually very pretentious and inhumane inside and the life that we thought as dangerous and wild is the one thatRead MoreA River Runs Through It - The Importance of Fishing Essay638 Words   |  3 Pagesread A River Runs through It some time in their life, is a gift. 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The character of Jeremiah reflects