Thursday, May 7, 2020
Catalina de Erauso On Playing Gender Roles Essay
In Spain and the Spanish colonies in South America in the late sixteenth and early seventeenth centuries, gender roles were distinct and the opportunity gap was enormous. Catalina de Erauso compares the two roles through her memoir, ââ¬Å"Lieutenant Nun,â⬠where she recounts her life as a transvestite in both the new and old world. Through having experienced the structured life of a woman as well as the freedom involved in being a man, de Erauso formed an identity for herself that crossed the boundaries of both genders. Catalina de Erausoââ¬â¢s life demonstrates the gap in freedom and opportunity for women, as compared to men, in the areas of culture, politics and economy, and religion. Even the broadness of traditional Spanish culture could notâ⬠¦show more contentâ⬠¦For men, though, the choice was remained their own. De Erauso demonstrates this when she, in the role of a man, evades multiple proposals in order to remain free and mobile. This shows that while women were tied down in society and expected to have a man settle with them, men had the opportunity to continue to travel freely and independently. The idea is that women were forced by society to be entirely dependent in order to hold an advantageous position in life. Tied in with this theme of masculine freedom exists the matter of fighting. De Erauso displays her ability to duel for her pride on many occasions, and this is something that she would be incapable of doing in the role of a woman. Only men were allowed the outlet of fighting in order to assert dominance, whereas women had no dominance at all. Women were expected to be entirely passive and dependent (Bentley Ziegler, 534). In one case in specific, a woman de Erauso encounters, doà ±a Catalina, even hires an Indian man to attack another woman for her because she did not have the societal freedom to do so herself (Erauso, 36). In the realm of outward violence, women were greatly restricted while men had no limitations other than the law above them. De Erauso explores this freedom in the form of fighting, gambling, and being reckless in general. Had she been presented as a woman in these scenarios, she would have suffered far more
Wednesday, May 6, 2020
How does administrative law change bureaucratic behaviour Free Essays
The Committee presented a plan for an entirely new system of administrative law that rested upon a fresh vision of the role that external review agencies should play in safeguarding the rights of the public regarding executive decision-making. Three Acts were implemented by the Parliament. The Administrative Appeals Tribunal Act 1975 (Cth) (AAT Act) established two bodies ââ¬â an Administrative Appeals Tribunal to undertake merit review of a general range of Commonwealth decisions, and an Administrative Review Council to perform a research, advisory and coordination function. We will write a custom essay sample on How does administrative law change bureaucratic behaviour or any similar topic only for you Order Now The Ombudsman Act 1976 (Cth) established an Ombudsman to investigate complaints of maladministration by Commonwealth government agencies. The Administrative Decisions Oudicial Review) Act 1977 (Cth) conferred upon the newly-created Federal Court a reformed Jurisdiction to undertake Judicial review of Commonwealth decision-making. Purpose of Administrative Law Administrative Law concerns the relationship between the government and the public. It refers to a wide range of controls exercisable by the law over the powers nd procedures of government decision-makers and administrators. It constitutes a means of protecting the rights of the public by making the government decision- makers accountable. With the growth of technology, financial institutions and globalization, society is becoming more complex, the role of government has expanded in terms of regulation and intervention. This has led to a growth in the number of bureaucratic decision makers which in turn led to an expansion in controls over administrative actions to counter balance the power of the decision makers. The Kerr and Bland Committees saw that the purpose of Administrative Law was to rotect citizens against government, when government was growing in size and exercising more administrative authority and discretionary power. It pointed to a posed threats to the rights and liberties of citizens . The view from the Kerr and Bland Committees is compatible with that of Professor Cane that the Administrative Law can be used to regulate the way the administrators make decisions so that the power will not be misused. How to measure success of the Administrative Law? There are two views about the measurement of success of Administrative Law: (i) The instrumentalist believes the success lies in its impact on behaviour and outcomes, ence the law should bring behaviour and outcomes into conformity with specified value. (it) The non-instrumentalist believes its success lies in its rules and practices. The law could be counted as a success if it clearly, consistently and coherently expressed specified values. The supporters of regulatory approach to Administrative Law are instrumentalists whereas the supporters of legal approach are non-instrumentalists. What are the regulatory and legal approaches to Administrative Law? A regulatory system has three components (i) a set of standards that announce how eople ought to behave; (it) a mechanism for monitoring compliance with those standards; (iii) a mechanism for promoting future compliance. Administrative Law consists of a set of rules and principles about how decisions ought to be made. Individuals affected by the administrative decisions can utilize various tribunals and ombudsmen to review decisions and in turn provide incentive for the decision makers to comply with Administrative Law in future. The regulatory approach focuses on the future rather than the way decision makers behaved in the past. It aims to prevent potential issues by making the decision akers responsible for it. On the contrary, the legal approach presents administrative law to be used by complainants a means to redress past breaches so that decision makers can be held accountable for such breaches. It looks at the success of administrative law on its ability to provide redress to those adversely affected by unlawful decisions. The regulatory approach focuses accountability based on the institutional design and interaction between different organs of the system such as ombudsmen, parliamentary committee and internal review. The legal approach focuses more on the accountability of the government to the public. In constitutional terms, the regulatory approach addresses it with separation of power whereas the legal approach focuses on the concept of rule of law. Administrative law focuses on the accountability of government. By demanding compliance with administrative law principles, and by valuing review mechanisms for rectifying human error, it impacts upon the decision-making processes in order to ensure that the wrongful exercise of administrative power is curbed. The Australian tax system is an example of how administrative law impacts on bureaucratic behaviour. The tax system, being a self assessment system, encourages ne to voluntarily comply with the tax legislation. Tax compliance officers review the tax returns to identity potential risk to revenue. Where the risks being identified in a review are significant, the tax office will escalate the case to an audit. During an audit, there will be an information request followed by the issuance of a position paper. If the taxpayers realize any errors in their tax returns, they can make voluntary disclosure in order to reduce any shortfall liability and penalty interests. Alternatively they can express their views if there is any contentious issue about the application of law. The taxpayers will be given an opportunity to comment on the position paper before an amended assessment is issued. The taxpayers can object to the amended assessment which is normally handled by the objection team that is independent from the compliance team. If the decision stays, an application can be lodged to the Administrative Appeals Tribunal to review the decision. The tax office has internal guidelines such as Practice Statement Law Administration for the staff to follow before any administrative decision is made. This ensures the taxpayers would be fairly treated. Before a decision is reached, taxpayers will be iven opportunities to be heard and supply information to support their claim. The process demonstrates how the Administrative Law influences the bureaucratic behaviour. The decision-makers need to supply proper reasoning before issuing an amended assessment. What are the positive and negative changes on bureaucratic behaviour? On the positive side, more senior public servants are required to be legally trained as they are expected to make decisions based on strong legal grounds so that their decisions will be less likely to be challenged in future. The decisions being made would also be based on fairness with properly established facts. However, onerous review systems may cause potentially adverse bureaucratic behaviour. The onerous review system may sometimes lead to ââ¬ËNo further actionââ¬â¢ on many potential tax evasion cases. The following explains the negative bureaucratic behaviour that is undesirable to the society goal. review the taxpayersââ¬â¢ tax return and amend the assessments. The review period could be two or four years depending on the size of the business and the nature of entity. Once the ââ¬Ëperiod of review expires, the tax office cannot amend the assessment unless there is fraud or evasion for which intention needs to be established. Knowing this system, some taxpayers may simply delay in supplying information or supplying irrelevant information to make the cases difficult to pursue. By contrast with the private sector for which financial target is the prime objective, the public bureaucrats may not have such incentive to pursue difficult cases that may eventually lead to tribunal review. Further to that, the tax officers need to follow strict guideline when dealing with fraud cases where intention needs to be established. As all elements need to be established before a case can be referred to prosecution, some fraud cases end up being ââ¬ËNo further actionââ¬â¢. This is undesirable to the societal goal as it means people who dodge the system may not be penalized. Can we Judge the success of Administrative Law as a regulatory tool primarily by its effect on bureaucratic behaviour? As mentioned above, the purpose of the Administrative Law is to make government decision-makers accountable. It promotes the fair procedures and compliance by decisions-makers with legal limitations on their powers. The public can use the merit review system to review the administrative decision of the government. The merit review allows the facts and legal aspects of the decision to be considered afresh. Based on the merits, the tribunal can affirm, vary or set aside the original decision. From a regulatory point of view, an independent body has stepped in to review the government decisions and therefore it limits the power of the bureaucrats. Therefore, the bureaucrats must obtain sufficient evidence and provide sound reasons to support their decisions. Furthermore, it encourages government bureaucrats to ensure they act consistently with relevant legal requirements. Based on the above, it appears that one can assert that Administrative Law has achieved its purpose as a regulatory tool that impacts on bureaucratic behaviour. How to cite How does administrative law change bureaucratic behaviour, Essays
Monday, April 27, 2020
The Eve of St. Agnes Essay Example
The Eve of St. Agnes Paper Stanza XIX shows the voyeurism of Porphyro into to Madelines room; which was to lead him, in close secrecy, even to Madelines chamber, and there hide him in a closet By the reader being old that he has to hide it fuels the awareness of nervousness we are feeling for Porphyro and his safety. The fact that Angela tells him to be patient in stanza XX enables us to again intuit his growing excitement. Restlessness and thrill are two emotions that are reflected from Keats addressing the concealed Porphyro alerting him to the arrival of Madeline Now prepare, young Porphyro, for gazing on that bed; she comes, she comes gain, like ring-dove frayd and fled. Up to this point the reader has been made to feel all those emotions associated with tension; anticipation, restlessness, eagerness, danger, and anxiety, yet it is added to further in stanza XXIII with the added emotion of distress. Angela has arrived back she panted no uttered syllable, or, woe betide! Her heart paining as though a tongueless nightingale should swell in her throat in vain, and die, heat-stifled The next scene is that of seduction. Porphyro describes Madeline like a mermaid. These were creatures linked to temptation and enticement, and link the poem back to the earlier atmosphere of passion and ardour. We are being shown an ever growing picture of just how deep his love runs for Madeline. Combine this with the danger and eagerness and you can gain a real impression of the tension that Keats has created. We will write a custom essay sample on The Eve of St. Agnes specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on The Eve of St. Agnes specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on The Eve of St. Agnes specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Suspense is relived as Porphyro watches Madeline while she is in her dream-like state. In an attempt to wake her he takes her lute and plays an ancient ditty close to her ear. She then opens her eyes whilst remaining half awake and half asleep. A melancholy tone is taken as at which fair Madeline began to weep and moan forth whilst Porphyro watches fearing to move or speak. The following two stanzas are sumptuous with descriptions of desire O leave me not in this eternal woe, for if thou diest, my Love, I know not where to go. And the sapphire heavens deep repose; into her dream he melted, as the rose blendeth its odour with the violet. as they consummate their relationship. Suddenly the atmosphere changes to that of deception and urgency in stanza XXXVIII No dream, alas! Alas! And woe is mine! Cruel! What traitor could thee bring hither? You could almost imagine their hearts quickening with anticipation. Again urgency is sustained through the use of short spilt sentences, for example Arise-arise! My Madeline! Sweet dreamer! Lovely bride! He has become frantic and frenzied in his speech. The reader soon begins to realise that if their love is to be authenticated, they must leave the protection of Madelines warm and dreamy room and go out to face the growing storm. When the lovers finally make their escape, there is again a suggestion of haste and urgency. They glide like phantoms, into the wide hall By using the metaphor of the movement of a phantom it helps the reader establish just how quick yet cautious they had to be in their escape, thus aiding the sensation of tension. In stanza XLI Keats says how the wakeful bloodhound rose These are dogs that are associated with hunting, and in the context of the poem we can relate this to Porphyro. We can feel his apprehending danger. The last stanza is very significant in helping form my opinion on the statement in the question. Porphyro and Madeline have finally made it out of the house yet we are left with a slight sense of danger. This is resulting from the use of negative wording, such as warrior, witch, demon, coffin, nightmared and ashes. Depending on your interpretation of the text, you could form the view that this ending does live up to the immense tension that is built up throughout the poem. We know that they managed to get away from the house, yet all the negative connotations almost crate a sense of doom: you are left wanting to know what happens to the lovers. If you look at the ending in a different way then I think it is possible to believe that it is not a very dramatic departure from them; there is no celebration from them or any real indication of what happens to them. Some resolution is given by Angela and the Beadsman, but it is not to the level that you would expect.
Thursday, March 19, 2020
Cleopatra Study Guide - Important Facts and Timeline
Cleopatra Study Guide - Important Facts and Timeline Study Guides Cleopatra OverviewImportant FactsDiscussion QuestionsWhat Did Cleopatra Look Like?PicturesTimelineTerms Cleopatra (January 69 B.C. - August 12, 30 B.C.) was the last pharaoh of Egypt. Following her death, Rome took over as ruler of Egypt. She was not an Egyptian, however, despite being pharaoh, but a Macedonian in the Ptolemaic dynasty that a Macedonian Ptolemy I Soter started. Ptolemy was a military leader under Alexander the Great and possibly a close relative. Cleopatra was one of several children of a descendant of this first Ptolemy, Ptolemy XII Auletes. Her two older sisters were Berenice IV and Cleopatra VI who may have died early in life. Berenice staged a coup while Ptolemy Auletes was in power. With Roman backing, Auletes was able to regain the throne and have his daughter Berenice executed. An Egyptian custom that the Macedonian Ptolemies adopted was for pharaohs to marry their siblings. Thus, when Ptolemy XII Auletes died, he left the care of Egypt in the hand of Cleopatra (aged about 18) and her younger brother Ptolemy XIII (aged about 12). Ptolemy XIII, influenced by his courtiers, forced Cleopatra to flee from Egypt. She regained control of Egypt through the help of Julius Caesar, with whom she had an affair and a son named Caesarion. Following the death of Ptolemy XIII, Cleopatra married an even younger brother, Ptolemy XIV. In time, she ruled along with another Ptolemaic male, her son Caesarion. Cleopatra is known best for her love affairs with Caesar and Mark Antony, by whom she had three children, and her suicide by snake bite after her husband Antony took his own life. The death of Cleopatra put an end to Egyptian pharaohs ruling Egypt. After Cleopatras suicide, Octavian took control of Egypt, putting it into Roman hands. OverviewDiscussion QuestionsWhat Did Cleopatra Look Like?PicturesTimelineTerms Overview | Important Facts | Discussion Questions | What Did Cleopatra Look Like? | Pictures | Timeline | Terms OverviewImportant FactsStudy QuestionsWhat Did Cleopatra Look Like?PicturesTimelineTerms Study Guide Describe the relationship between Octavian and Cleopatra.Why did Caesar not adopt Caesarion as his heir?What gave Rome the right to Egypt?Does Cleopatra deserve her reputation as a seductress?Was Cleopatra more of an Egyptian or Greek monarch? Bibliography , edited by Susan Walker and Peter HiggsShakespearesGeorge Bernard Shaws OverviewImportant FactsStudy QuestionsWhat Did Cleopatra Look Like?PicturesTimelineTerms This is part of a series (study guide) on the legendary Egyptian queen Cleopatra. On this page youll find basic facts like her birthday and names of members of her family. The Cleopatra Study Guide: OverviewImportant FactsStudy QuestionsWhat Did Cleopatra Look Like?PicturesTimelineTerms BirthCleopatra was born in 69 B.C. in Alexandria, Egypt. She died August 12, 30 B.C.Family of OriginShe was a daughter of Pharaoh Ptolemy XII Auletes. Her mother is subject to dispute. She may have been the daughter of Cleopatra V Tryphaina, although Strabo 17.1.11 says only one of the daughters of Ptolemy was legitimate, and that not Cleopatra.Cleopatra married her younger brother Ptolemy XIII and after his death, married her younger brother Ptolemy XIV. Later she married the Roman Mark Antony.ChildrenCleopatra had one son by Caesar, named Caesarion. She had twins with Mark Antony, Alexander Helios and Cleopatra Selene, and later, a son, Ptolemy Philadelphos.Name/TitleShe was actually Cleopatra VII, the last pharaoh of Egypt (although you could argue that role was her sons) because Rome took control of Egypt following her death.DeathAfter Mark Antony committed suicide, so did Cleopatra. The story is that she took an asp to her breast and let the poisonous snake bite her.AncestorsAlt hough her family had adopted Egyptian customs, like having pharaohs marry their siblings, Cleopatra and her family were really Macedonians who had gone to Egypt with Alexander the Great. Overview | Important Facts | Study Questions | What Did Cleopatra Look Like? | Pictures | Timeline | Terms
Monday, March 2, 2020
Simple Dépêcher (to Hurry) Conjugations in French
Simple Dà ©pà ªcher (to Hurry) Conjugations in French How would you say hurry up in French? One way is to use a conjugate of the verbà dà ©pà ªcher. For example, you can use dà ©pà ªche toi for a single person and dà ©pà ªchons vous for multiple people. That is just one very simple conjugation of the French verb. There are many others that you will want to know in order to useà dà ©pà ªcherà beyond a quick command. A short lesson will run you through the most common forms. Conjugating the French Verbà Dà ©pà ªcher Dà ©pà ªcherà is aà regular -ERà verbà and that makes the conjugations a little easier to remember. This is particularly true if you have already studied similar words likeà demanderà (to ask) orà dà ©ciderà (to decide). Thats because they share the same infinitive verb endings. Before you can add an ending toà dà ©pà ªcher, we must identify the verb stem:à dà ©pà ªch-. To this, the endings are added toà match the subject pronoun with the appropriate tense. For example, I am hurrying is je dà ©pà ªche while we will hurry is nous dà ©pà ªcherons. Subject Present Future Imperfect je dpche dpcherai dpchais tu dpches dpcheras dpchais il dpche dpchera dpchait nous dpchons dpcherons dpchions vous dpchez dpcherez dpchiez ils dpchent dpcheront dpchaient The Present Participle ofà Dà ©pà ªcher Adding -antà to the verb stem ofà dà ©pà ªcherà gives you theà present participleà dà ©pà ªchant. Its helpful beyond the verb usage and can also be an adjective, gerund, or noun. The Past Participle and Passà © Composà © Another way to express the past tense hurried is with theà passà © composà ©. To construct this, attachà theà past participleà dà ©pà ªchà ©Ã to the appropriate conjugate ofà avoir, theà auxiliary verb. As an example, I hurried is jai dà ©pà ªchà © and we hurried is nous avons dà ©pà ªchà ©. Notice howà aià andà avonsà are conjugates ofà avoirà and that the past participle remains unchanged. More Simpleà Dà ©pà ªcherà Conjugations to Know When the action of hurrying is in question or uncertain, you might use the subjunctive verb mood. In a similar fashion, the conditional form implies that the hurrying will only happenà ifà something else occurs. The passà © simple is a common literary form ofà dà ©pà ªcherà and its likely you wont use it yourself. The same can be said for the imperfect subjunctive, however being able to recognize these is a good idea. Subject Subjunctive Conditional Pass Simple Imperfect Subjunctive je dpche dpcherais dpchai dpchasse tu dpches dpcherais dpchas dpchasses il dpche dpcherait dpcha dpcht nous dpchions dpcherions dpchmes dpchassions vous dpchiez dpcheriez dpchtes dpchassiez ils dpchent dpcheraient dpchrent dpchassent The imperative forms ofà dà ©pà ªcherà are those short commands like, Hurry up! When using these, formality is dropped, so you can skip the subject pronoun: use dà ©pà ªchons rather than nous dà ©pà ªchons. Imperative (tu) dpche (nous) dpchons (vous) dpchons
Saturday, February 15, 2020
Assisted Suicide Term Paper Example | Topics and Well Written Essays - 2000 words
Assisted Suicide - Term Paper Example This question is of great value to the society as well as health care practitioners. An answer to this problem can be obtained through arguments that are in favor and not in favor of assisted suicide. According to Webster, assisted suicide falls under the umbrella of euthanasia (McDougall, 2008, p.1). The term euthanasia is referred to as good death, this term is mostly used when health care practitioners ends a patient life in order to help him avoid his unbearable sufferings. Euthanasia is divided into two kinds, active and passive euthanasia. Active euthanasia refers to activities conducted to put an end to a patientââ¬â¢s life; it is even recognized mercy killing. Majority of the jurisdictions around the world has pronounced mercy killing as illegal and has even referred to it as murder. Passive euthanasia refers to an act of allowing a patient to die even when there are available procedures to delay the death. Examples of passive euthanasia include instances when patients den y treatments that can delay the death of a patient, this kind of euthanasia falls under the category of natural death. Body Suicide is term used to refer to an individualââ¬â¢s act of taking his/her own life, assisted suicide is a term used to refer to the help that an individual has while he takes his/her own life. In case of assisted suicide, the healthcare practitioner or the person providing care to the patient provides a method to the patient to take his/her own life and the patient himself, willfully adopts the provided method to put an end to his lie and suffering. Assisted suicide can either fall in the category of active or passive euthanasia, whether an act of assisted suicide is active or passive euthanasia depends on the meaning attach to the assistance provided to the patient. Examples: a drug used to take life is prescribed by a doctor to his/her patient while the doctor knows that the patient wishes to put an end to his life, a nurse supplying a medicine to the pat ient and the drug is used can put an end to the patientââ¬â¢s life and a health care practitioner helping the patient in every step of taking his/her own life, steps include: placement of the drug in the patients mouth, and assisting him in swallowing the drug. Pro Assisted Suicide There are various reasons due to which patients opt for assisted suicide rather than bearing the pain before natural death. One of the reasons is the lack of proper care and inhumane activities conducted by the caregivers in health care centers. This means that individuals are not being properly cared for in healthcare centers due to which a patientââ¬â¢s pain increases and they demand for death. Factors that have been proposed that make an individual wish for assisted suicide are threat of being isolated, pain not being cured, depression, threat of loss, feeling of helplessness and concerns regarding family. Another reason that makes individuals wish for assisted suicide is that patients know that they are ultimately going to die even if they use technology and treatment to delay, thus they opt to die rather than being unable to control their death. Due to these disturbing reasons, patients lose hope and accept death as a better alternative. According to the judicial system of US, a patient or an individual (patient) has a right to decide whether they want to live or die, patients in America obtained the right to accept
Sunday, February 2, 2020
The Federal Government's Power through Application of the Commerce Research Paper
The Federal Government's Power through Application of the Commerce Clause - Research Paper Example The constitution however, does not provide an outright explanation for the term commerce. What then can be said to constitute commerce? Over the years commerce has been defined to mean the buying and selling of goods across states, this is known as interstate commerce and within states, which is known as intrastate commerce (Barnett, 2001). In Carter vs. Carter Coal Company1, the Supreme Court defined commerce as intercourse with the main reason of trade. Acts that fall within the concept of commerce are those acts that have a substantial effect to the exchange of goods within and across states. As seen under the commerce clause the federal government has the power to regulate commerce. What does it mean to regulate commerce? Regulating commerce according to Chief Justice Marshall regarding the case of Gibbons .v. Ogden2 means having the power to control the manner in which commerce is to be governed. Chief Justice Melville Fuller also gave a similar definition by stating regulation of commerce to mean the authority to prescribe the set of rules outlining the way the governing of commerce should take place. The federal government is formed out of a union between states and the sovereign power and this power is divided is therefore split between the national government and the various states (Bork & Troy, 2002). Discussion The original need for the commerce clause was mainly to discourage rivalry between those states that had a commercial advantage and those that did not have a commercial advantage. This difference in commercial advantage of states was brought due to the proximity to the harbor. Those states that were close to the harbor had a commercial advantage than those that were not. The commerce clause was initially meant to ensure that United States of America was a place where trade could take place freely without states having to bring up barriers against each other (Forte, 2011) therefore giving rise to rivalry. Originally, the term to regulate was in terpreted as making something regular. This clause was intended to make all the states regular by promoting activities that would encourage free trade across and within states and also to oversee any interference in interstate commerce. Federal power was intended to operate activities that fell within the scope of commerce but the courts kept quiet even when the federal government continued to see the general extension of the commerce clause. A good example is the case of Kidd vs. Pearson3 the court recognized the broad powers of the congress under the commerce clause over the sale of good in interstate commerce. The commerce clause was dormant over the years until the courts started making decisions that differentiated commerce and production (Bork & Troy, 2002) as seen in the case of Carter vs. Carter Coal Company4 the Supreme Court defined commerce as the intercourse with the main purpose of trade. The turning point of courts decisions came in with the landmark case of US vs. Lop ez5 the attempt of the federal government to regulate activities that are not commercial was struck down in a ruling. The court stated that the power of the congress under the commerce clause is limited to only commerce and the power to regulate the carrying of guns was not commercial
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