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..to Controversies to which the United States shall be a Party; -- to Controversies between two or more States; -- between a State and Citizens of another State; between Citizens of different States,-between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens, or Subjects." (Article III, Section 2, Clause 1)
This establishment of an independent judiciary to regulate disputes between individuals without resorting to a "majority rule" situation in individual disagreements created an extra protection for minority rights in individual situations. The judiciary has frequently created minority protections that are in line with the Constitution but might not be a majority public opinion yet.
ne of these instances in which the judiciary used its Constitutional powers to protect a minority group against the wishes of the majority was in desegregating public schools. The Supreme Court,…
One of these instances in which the judiciary used its Constitutional powers to protect a minority group against the wishes of the majority was in desegregating public schools. The Supreme Court, against significant public opinion, ruled that all races of children should attend the same public schools. This event most likely would not have happened, and definitely would not have happened when it did, if it were left up to majority opinion. However, the justices read that all men (including public schoolchildren) had certain rights in the Constitution, and they modeled the public school system to reflect that belief.
Another specific instance of minority rights being protected against the majority's rule is in the Amendments to the Constitution; specifically the Bill of Rights. These amendments guarantee many minority protections-free worship, a free press, free speech, rights regarding criminal charges and trials, and others-all things that might ordinarily be trumped by a majority-rule method. The Bill of Rights protects smaller groups, for example, a nontraditional religion like Santeria, against discrimination or maltreatment by the majority.
The balanced representation system of Congress, an independent Supreme Court to interpret laws, and a Bill of Rights for individuals all help balance out the needs of the majority in the U.S. with the rights that our society guarantees to minority groups and individuals. http://www.law.emory.edu/FEDERAL/usconst/connotes.html
ut it does not follow that X1 and X beats X2 and Y2 under majority rule." (Nicholas R. Miller, 1996). Today, population of the minority is more then or equal to 270 million, many of the citizens or the minorities are voteless as they do not speak in the government. Many of the minorities work under some lucky minority leaders but still they can't say anything under the power of their leaders and always struggling to persuade the majorities to agree with their needs. All laws and rules are written by the majority population but those rules and laws are not acceptable by the minorities but it doesn't matter for the majority group and because of this every year the circumstances get worse. Only a minority leader can commute the situation of America by decreasing the crime level. (Steve Lewis, 2007).
However, respect and rights of the minorities should be…
Brandy Davison. (2006, December 2) Majority Rule with Respect to Minority Rights. Retrieved on November 10, 2007. http://www.associatedcontent.com/article/93543/majority_rule_with_respect_to_minority.html .
Nicholas R. Miller. (1998) Majority Rule and Minority Interests. Retrieved on November 10, 2007. http://userpages.umbc.edu/~nmiller/RESEARCH/MR&MIN.htm .
Steve Lewis. (2007, April 7) the Minority Rights Amendment. Retrieved on November 10, 2007. http://steve-lewis.blogspot.com/2007/04/minority-rights-amendment.html .
The Supreme Court ruled that the Federal government lacked constitutional authority, mandated by the Fourteenth Amendment, to outlaw racial discrimination by private individuals and organizations. The court ruling stated that the Civil ights Act of 1875 was unconstitutional. The decision was challenged by the Justice Harman as a narrow interpretation of the Fourteenth Amendment, but the Court nevertheless with overwhelming majority ruled that neither the Thirteenth nor the Fourteenth Amendment granted the Federal state jurisdiction over these five cases. "This ruling," as argued by some scholars, "practically put an end to the federal government's attempt to enforce the guarantees of the Fourteenth Amendment" (Barnes and Connolly, 1999, p. 338).
In both cases, the U.S. Supreme Court recognized the rights of individual states that narrowly defined the provisions of the Fourteenth Amendment. In the Slaughterhouse Cases, the Louisiana State protected a monopoly power to the detriment of individual workers. The Supreme…
Barnes, D.A., & Connolly, C. (1999) Repression, the Judicial System, and Political Opportunities for Civil Rights Advocacy during Reconstruction. The Sociological Quarterly, 40(2): 327-345. Retrieved on February 15, 2011, from
Majority and Minority Governments
Is a Majority Government Better or Worse than a Minority Government for Canada?
The minorities of Canada function in a very different way than the minority governments of Europe and other countries (Cowdy 2008). The purpose of writing this paper is to find out if majority government is better or worse than a minority government of Canada. Before going in detail, it is important to know that in Canadian Parliamentary system, the party with the majority of the seats forms the majority government. However, when none of the party has majority seats than a minority government is formed by the party that wins half or less than half seats.
The majority government formed is obviously powerful and has ability to bring big changes. Contrary to this, a minority government works hard to maintain the confidence of the legislative assembly in order to stay in power and…
Accountability Measures. (1975). Report of the Independent Review Committee on the Office of the Auditor General of Canada. Report of the Secretary General, Ottawa: Information Canada.
Cody, Howard. (2008). "Minority Government in Canada: The Stephen Harper Experience." American Review of Canadian Studies 38.1 (2008): 27+. Questia. Web. 26 June 2012
Forsey, Eugene. (1964). 'The Problem of "Minority" Government in Canada,' The Canadian Journal of Economics and Political Science 30, 1: 1-11.
Francois, Jean and Hoyland, Bjorn. (2009). Voting Coalitions and Minority Governments in Canada. American Political Science Association Meeting Toronto, September 5.
Rahm Emmanuel, the son of an Israeli immigrant, fits the elite 'profile' less well but was highly prominent in the Clinton Administration, thus reflecting a 'hold over' of power rather than a radical break with the previous Republican administration. Emmanuel also has an MA from Northwestern University. Obama senior advisor David Axelrod was a prominent member of the Chicago media and has a degree from the University of Chicago. Treasury Secretary Timothy Geithner is a career civil servant. Geithner is also the former President of the Fed of New York State, where the financial industry of the nation is based (Pijanowski 2010).
hile members of the current Democratic-lead cabinet may have more public policy and legal expertise than corporate experience, overall Domhoff's thesis seems to receive at least some support, given their biographies. Additionally, while recent Latina Supreme Court appointee Sonya Sotomayor might seem to be a deviation from an…
"Barak Obama: Biography." Biography.com. June 2, 2010.
Domhoff, G. William Who Rules America? New York: McGraw-Hill, 2002.
Pijanowski, Jeff. (2009, February 5). "List and Bios of Obama's Key White House Staff
The network economy is unique in that it combines the value inherent in both intangible information and tangible commodities. For example, all digitized data must be sent along cables and through motherboards. The authors offer real-world examples, including the "intel" standard extant on the majority of modern-day PCs. The network economy depends on the prosperity of both hardware and software components.
Furthermore, the authors investigate the implications of the network economy on marketing. For example, information technologies allow for highly precise targeted marketing. Corporations that use precise targeted marketing to their advantage are more likely to succeed than those that do not. The authors offer readers some suggestions to maximize the benefits that can be reaped from the technologies themselves: in essence, how to use the information technologies to benefit information technology markets. In addition to direct marketing issues, the authors also discuss concepts like lock-in and switching costs that…
Shapiro, Carl and Varian, Hal R. Information Rules: A Strategic Guide to the Network Economy. Boston: Harvard Business School Press, 1998. Retrieved online August 3, 2005 at http://library.books24x7.com/book/id_2411/viewer.asp?bookid=2411&chunkid=0000000001
Miller admitted that there were three main models used to test for such causation, but also admitted that he did not use them. The plaintiffs clearly thought that by putting an MD on the stand who would agree with their case, that would be sufficient. Perhaps they felt a jury would be sympathetic to their case, if the decision came down to a proverbial "battle of witnesses." However, in this case there was no such battle. Dr. Miller was not an expert and while his testimony was not excluded on those grounds, it could have been. Nonetheless, his lack of expertise showed through in his faulty methodology.
This hints at another point of significant from this case regarding expert testimony. hile Dr. Miller could have been excluded on Rule 702, since he was clearly not an expert, the district court did not use this as grounds for excluding his testimony.…
Christophersen v. Allied-Signal Corporation. Retrieved April 12, 2009 from http://altlaw.org/v1/cases/518069
Faulk, Richard O. (1992). The Unanswered Questions of Christophersen v Allied-Signal Corporation. Villanova Environmental Law Journal. Vol. 4.1 pp 21-39.
However, if they do start to reveal sources, then future informants are going to be hesitant to alert the media when corruption takes place (Dreiling, 2004).
News organizations such as the New York Times, the Washington Post, Dow Jones and Company, Gannett Company, Bloomberg and Fox News are asking courts to recognize a reporter's privilege. Without such privilege, news organizations worry that subpoenas will be used to harass journalists and intimidate government workers (Dreiling, 2004)."
Since the events of 9-11 courts have gotten less lenient about journalists claiming that the first amendment protects them from revealing sources. Even in cases that do not involve terrorism journalists are being incarcerated for refusing to cooperate with the demand to know who their sources were. Last October a New York Times reporters and a Time magazine reporters were both jailed for their refusal to tell a federal grand jury who tipped them off…
Dreiling, Geri L (2004) First Amendment protects journalists and that the majority... National Catholic Reporter.
____(2006) EDITORIAL: Pass Federal Shield Law From: Contra Costa Times (Walnut Creek, Calif.)
Flowers, Charles (2000) Newspaper Lawsuit Still on the Griddle
Impact of British ule in Sub-Continent 1857-1947 [Pick the date]
The era of British rule in Subcontinent comprise of centuries. Starting from a smart invasion in this land called. "The golden bird." Colonels slowly and gradually controlled the reins of this region. After gaining complete control over subcontinent, various reforms were introduced by British which were later on amalgamated with the existing structure of the political system of subcontinent. This later on, of course had its impact on the inhabitants of sub-continent, socially and economically. During this period, a system was established which was based on British ideology of governance and authority, quite similar to their owns. However, it was an impeccable implementation of this system was impossible. Mainly because of two reasons; firstly the culture variants were highly strong and secondly the main nations i.e. Hindus and Muslims, were not very cordial towards each other. Therefore,…
Maddison, A. 1971. Class Structure and Economic Growth: India & Pakistan since the Moghuls,
Retrieved from:Chapter 3: The Economic and Social Impact of Colonial Rule in India
Metcalf, Thomas R. 1994. Ideologies of the Raj, Cambridge: Cambridge University Press.
British Rule & the Sub-continent Page 2
Comparing Madison's ideas against Karl Marx's proposition of a new form of government (or aptly, a new social order) through Communism, salient differences emerge that highlight how Madison's democracy and Marx's Communism can be found in the opposite poles on the spectrum that is the political school of thoughts. Marx's The Communist Manifesto reflected human history's transition from a traditional to a capitalist society, and eventually, to a Communist society. This transition was a result of a history-long struggle of the "oppressed," who Marx referred to as the "proletariat," the social class that will eventually elevate the status quo of society from an oppressive to an egalitarian one -- that is, through Communism. Marx argues that transitions throughout history prior to the establishment of a Communist societydid not offer any the "class antagonisms" that existed in society:
The history of all past society has consisted in the development of class…
Fukuyama, F. (2006). The End of History and the Last Man. NY: Free Press.
Madison, J. E-text of The Federalist No. 10. Available at: http://www.constitution.org/fed/federa10.htm
Marx, K and F. Engels. E-text of The Communist Manifesto. Available at: http://www.marxists.org/archive/marx/works/1848/communist-manifesto/index.htm
Mostov, J. (1989). "Karl Marx as Democratic Theorist." Polity, Vol. 22, No. 2.
Then he continued to express his understanding towards those who had been so vehement in their opposition of the war during the previous years.
After he explained the current state, he returned to the past in order to further prove his point. He began speaking about the origin of the war and America's early involvement in the overseas conflict, which many had no idea why we would have begun our involvement in the first place. He uses specific examples based on the actions of previous presidents, who were extremely popular within the eyes of the American public. He explains the actions of President Eisenhower and President Kennedy, who were both adored by the American public, as a way to show that his actions were just a follow through of those executed by previous great men.
Then after he has set up the justification for his plan, he explains what he…
American Rhetoric. "Richard M. Nixon's 'The Great Silent Majority.'" http://americanrhetoric.com/speeches/richardnixongreatsilentmajority.html.2008.
Center for History and New Media. "Silent Majority." The Hard Hats Riots. http://chnm.gmu.edu/hardhats/silent.html.2008
Rowland, Robert C. "The Ethos of Rhetoric." Argumentation and Advocacy. Vol. 41.
Terada, Rei. "Pathos (Allegories of Reading)." Studies of Romanticism. Vol. 39. 2000.
Ground Rules With Your Learners
There are several effective ways for establishing ground rules for learners. The most useful methods involve both classroom participation in the germination of such guidelines, as well as mandates dictated from the teacher which serve to underpin his or her classroom authority. As an authority figure, the teacher should always have a number of ground rules in mind before entering the classroom, but the prudent pedagogue (with enough time at his disposal) will involve a classroom discussion of these matters, and with his or her gentle prodding, help students feel as though they have determined these rules on their own. Classroom participation in this critical component of determining in-class behavior often helps students to follow these guidelines themselves, since students take a sense of accomplishment in carrying out directives which they feel they have helped determine.
For younger students, ground rules are established with the…
1. Budden, Joe. 2010, Teaching English, viewed April 7, 2011. .
2. Gorski, Paul C. 2010, Guide For Setting Ground Rules, viewed April7, 2011.
3. Keeley-Brown, L. (2007) Training to Teach in the Learning and Skills Sector. Pearson Education Limited.
4. Reece, I. And Walker, S. (2006) Teacher, Training and Learning, 6th Revised Edition. Business Education Publishers.
The FCC has recently authorized novel mergers amid media corporations; adversaries of the novel set of laws are expecting Congress to build no less than a temporary halt for such contracts and set of laws.
The set of laws, which was approved with a veto-proof majority and moved to the Senate, is an effort to kill one of a sequence of novel regulations produced by the Federal Communications Commission (FCC) as fraction of a court-ordered reduction of government power over the media. The novel FCC regulation would boost present restrictions and permit media companies to possess an adequate amount of television stations to communicate amid 45% of the America's addressees. One more novel regulation that Congress has decided to turn over is going to permit companies to possess a newspaper, as well as a broadcast station in a huge media marketplace (1).
Relationship and authority between the FCC…
1) A.N. Crigler. The Psychology of Political Communication. Ann Arbor: University of Michigan Press. 1996.
2) Elfriede Fursich and Eli P. Lester Roushanzamir. Corporate Expansion, Textual Expansion: Commodification Model of Communication. Journal of Communications Inquiry 25.4. October 2001.
3) Edward S. Herman, Z Magazine. Word Tricks & Propaganda. http://zena.secureforum.com/Znet/zmag/zarticle.cfm?Url=articles/june97herman.htm
" (Rise of the Commons)
The 14th century was a time when the aristocracy (the Commons in particular) acted on account of their personal interests in addition to acting in accordance with the King's wishes. These individuals gradually started to consider that it was only natural for them to have a word in governing the country and that it was irrational for them to simply accept the King's decisions with regard to taxes. The Parliament thus emerged as a result of people's reluctance to follow the King's laws blindly. The aristocracy played an active role in reestablishing its influence in the country throughout the fourteenth century.
Edward III's last years were less impressive when considering his leadership abilities and the fact that he was largely inactive due to his age and sickness materialized in the masses becoming stronger. The people named Sir Peter de la Mare as a spokesman on…
Bond, Maurice, "The History of Parliament and the Evolution of Parliamentary Procedure," Retrieved July 7, 2013, from the Parliament Website: http://www.parliament.uk/documents/parliamentary-archives/evolution.pdf
Harper-Bill, Cristopher, and Vincent, Nicholas, "Henry II: New Interpretations," (Boydell Press, 2007)
Lord Irvine of Lairg, "The Spirit of Magna Carta Continues to Resonate in Modern Law," Retrieved July 7, 2013, from the Parliament of Australia Website: http://www.aph.gov.au/binaries/senate/pubs/pops/pop39/lairg.pdf
"Magna Carta and the Rule of Law 1215," Retrieved July 7, 2013, from the Moonogian-Demirdijian School Website: http://agbumds.edlioschool.com/ourpages/auto/2009/8/25/44063368/Magna%20Carta%20and%20the%20Rule%20of%20Law%201215.pdf
Limitations of the Research or Gaps
A Critical Analysis of the usiness Judgement Rule under the Australian Corporation Law
There have been many large businesses which have collapsed unexpectedly to cause irreparable damage to the investors worldwide in recent years. The most recent and larger cases are those of the fall of the mighty U.S.-based Enron International and the Australian firm, HIH Insurance. These cases shook the faith of the stakeholders in the ability and the intention of the directors who were in charge of the operation of these enterprises. These cases have also made it harder for the directors to negate the fiduciary duty imposed upon them by the law. For instance, according to the 1997 Directors' Duties and Corporate Governance prepared by the Commonwealth of Australia, 'There has been increasing debate in Australia about the standard of corporate governance, particularly in light of the experiences of the late…
Adams, M, 'Australian corporate law reform or evolution,' ALRS 1 (2012) [1-10].
Black's Law Dictionary. (1991). St. Paul, MN: West Publishing Co.
Byrne, M, 'Do directors need better statutory protection when acting on the advice of others?,' (2015), 21 Australian Journal of Law [238-257].
Commonwealth Corporations Act 2001, Section 180.
The definition for "subversives" is a bit vague, but Fagen explains that in Argentina and elsewhere in Latin American dictatorships the victims of violent repression tended to be union leaders, liberal political leaders, artistic people in cultural circles, student protest leaders and media personalities (p. 41). The whole point of these horrendous repressive policies was to inspire fear, confusion and "distrust" among the general population. For those who believe the United States' military always stands on the side of democratic movements it may come as something of a shock that the U.S. funded and trained many military outfits during the time of dictators in Latin America.
"An entire generation of Latin American military officers and police were armed, trained, and 'professionalized'" by American police and military leaders (Fagen, 1992, p. 43). Fagen says the repression in Argentina was, in part, designed to "Purge ideological infection"; Argentine present General Jorge Rafael…
Fagen, Patricia Weiss. "Repression and State Security." Fear at the Edge: State Terror and Resistance in Latin America. Berkeley: University of California Press, 1992.
Hunter, Wendy. "Continuity or Change? Civil-Military Relations in Democratic Argentina,
Chile, and Peru." Political Science Quarterly 112.3 (1997): 453-475.
Remmer, Karen L. Military Rule in Latin America. University of Texas: Unwin Hyman, 1989.
Business Ethics 9224
The Waiter ule: What Makes for a Good CEO?
Is character an essential ingredient in ethical leadership? Is it especially important in managers? In leadership, especially among CEOs, is character important?
Character: An essential Ingredient in Ethical Leadership:
Character is an essential component in an employee's personality. It shows integrity, honesty, and loyalty of that employee with the organization. When it comes to top leadership, the need to have a sound character in the personality of top managers, CEO's, and directors is highly essential for the success of the organization. In addition to performing their assigned duties and responsibilities, it is also expected from these higher officials that they would exert full efforts in achieving the organizational goals without taking any undue advantage from its public image or resources. In the past, numerous ethical scandals have been pointed which have made the organizations think twice while hiring…
Carroll, A.B. & Buchholtz, A.K. (2012). Business Ethics, 1st Edition. Mason, OH: Cengage Learning.
Del, J. (2006). "CEO Vouch for Waiter Rule: Watch How People Treat Staff." USA Today, B1.
Morrow, R. (2011, 01, 04). A Critical Analysis of the U.S. Causes of the Global Financial Crisis of 2007-2008. Retrieved on October 31st, 2013, from
Shaw, W.H. (2011). Business Ethics, 7th Edition. Boston, MA: Cengage Learning.
Both purposes mean that they were used to kill human beings. By comparison, long guns served many purposes. Early settlers often had to hunt for their food. To take their guns would mean that they would risk starvation. They were also used for defense, and early skirmishes of the Revolutionary War were fought by militiamen - private citizens who brought their own long guns to fight the British.
One of the strongest arguments against laws restricting handguns come from those who believe there should be no restrictions whatsoever on firearms. They argue that those who argue against handguns have a hidden agenda. They argue that people against handguns actually want to ban all guns for all purposes, including for target practice and hunting. They feel that they must fight restrictions on any guns to protect their Constitutional right to bear arms. However, this argument doesn't make sense to most people.…
hese could be considered mitigating psychological factors. It also supports the argument that extra efforts at remediation that might not be appropriate with hardened criminals might be appropriate for younger offenders.
While youthful offenders will no longer be sentenced to death, the courts have not had their hands completely tied. hey can still be tried as adults, and even a very young offender can be sentenced to life without possibility of parole (Fresno Bee, 2005). Meanwhile, it might help to keep juvenile crime in perspective. While the media sometimes make it sound as if juvenile crime is a major problem, 92% of all homicide arrests come from four major cities: Chicago, Detroit, Los Angeles, and New York. Juvenile homicide is not common in most parts of the country (Howard, 1998). In addition, overall, juvenile crime of all kinds has decreased between 1972 and 1995, during a period of time when…
The Fresno Bee (Fresno, CA), March 4.
Howard, Matthew O. 1998. "Youth crime, public policy, and practice in the juvenile justice system: recent trends and needed reforms." Social Work, July.
Steiner, Hans. 2002. "Violence exposure, posttraumatic stress, and personality in juvenile delinquents. Journal of the American Academy of Child and Adolescent Psychiatry, March.
.. does it not?
STOCKMAN: That is so, the market may make cowards of all of us, ere long. The man who stops and considers how each action will effect his bottom line may refrain from taking actions he should take, and may begin to take actions he should not... all to please the fickle and evil majority. All that we can do is our absolute best... And we should hope that the market rewards our good work with fair reward, but we should not be surprised if the market only punishes us for failing to put finances before the Right.
Yet when the market works, this is how it works -- that people recognize and desire quality, and are willing to give more and spend more to achieve it.
STUDENT: And can the political system work the same way that an ideal market system works? Can people recognize and…
Thoreau and Locke acknowledge the right of the people to renounce their allegiance to their government, what is the difference between their understandings of this right and what different conditions would warrant such an act?
When do citizens have the right to throw off the yoke of a sovereign and adopt a new form of governance that is more in keeping with the wishes and their needs of the majority of the populace? During the age of the Enlightenment in Great Britain, the philosopher John Locke wrote in his "Second Treatise of Governance," that all governments of the world must protect the life, liberty, and property rights of the common citizens. Locke wrote that if a government fails to honor this function, then its citizens had the right to revolt against the government, as the social contract between the governed and the government was not being honored. For example, if…
What does this have to do with the rest of paragraph 27?
The individual and the institution of the state cannot flourish when their interests are in competition: one of the 'seeds' must die.
33. In this paragraph, Thoreau talks about how he sees his neighbors in a new light after his night in jail.
After suffering the loss of his liberty, he sees how little his neighbors are willing to risk of their own security to see justice done.
Paraphrase each of these observations:
a. "I saw to what extent the people among whom I lived could be trusted as good neighbors and friends;"
I saw that the people amongst whom I lived were good in name only -- they spoke about the value of justice, but would not lift a finger to do promote justice.
b. "that their friendship was for summer weather only;"
They did good deeds…
Yet I suggest you consider that it is also not always blind. You should consider not only the benefits of your obfuscation, but also the costs. Certainly today you will keep your business afloat... But what will you do in the summer when typhoid starts killing your visitors? No-one was happier about these baths than Thomas... yet he noticed the pattern. Do you think no one else will notice? The situation is only made worse by the fact that he has not fled. What will you do when visitors stricken by plague are told by the most available local doctor -- that would be our brother, you know, now that no one in town will go to him -- that these plagues are the results of your water? You should balance the costs of lawsuits... And innumerable deaths on your conscience... against the cost of repairs.
PETER: What of the…
democratic governments alike;, share fundamental concepts principles. Liberty, equality, rule law a universal concepts principles generally shared democracies. Others majority rule compromise fall category.
There is much controversy with regard to the idea of democracy and the exact set of principles it entails. Many are inclined to believe that there is a strict set of principles that need to be considered when discussing the topic while others believe that democratic ideas largely depend on the circumstances in which they occur.
The idea of equality involves people having to accept each-other and to be reluctant about judging others on account of their differences. The only thing that can represent a reason to discriminate when considering equality relates to each person's abilities.
Decision-making is a significant idea within a democracy and consensus involves individuals being well-acquainted with the role their play and with the fact that they need to agree to a…
Brink, D. "Mill's Moral and Political Philosophy," The Stanford Encyclopedia of Philosophy (Fall 2008 Edition), Edward N. Zalta (ed.)
Mill, J.S. (1863). On Liberty. Ticknor and Fields.
Post, R. "Annals of the American Academy of Political and Social Science" Vol. 603, Law, Society, and Democracy: Comparative Perspectives (Jan., 2006), pp. 24-36
Letter From a Birmingham Jail by Martin Luther King, Jr., and St. Thomas Aquinas' views on law. Specifically it will discuss the structure of law according to Aquinas. Aquinas divided law into four specific types, but both men agree there are just and unjust laws. Both men talk about the types of laws and whether they are just or unjust, and both have distinct philosophies about when to follow laws and when to ignore them.
Aquinas believed there were four basic types of law (1) eternal law, (2) natural law, (3) human law, and (4) Divine law. Each type of law carried certain characteristics and responsibilities, and each could be interpreted differently. His concept of eternal law is caught up in Divine law and argues that because of Divine eason, a law can indeed be eternal. That natural law is a result of Divine law, and it is purely rational…
Aquinas, St. Thomas. The Summa Theologica. Benziger Bros. edition, 1947.
As in any merger, the organization would have to deal with human resource issues (because the verification process was double-performed, one of the two teams needs to be reapplied within the organization), financial issues, etc.
The third option would be to create a sole compartment to deal with the verification process, a compartment that would employ human resource from both the ECFMG and the EICS. This compartment would deal only with the verification and would have several advantages. First of all, it would eliminate the original problem we had to deal with and, second of all, it would probably increase the efficiency of the compartment, with more employees and a better coordination.
In making the decision, we need to choose between deciding by majority rule and consensus building. In my opinion, in this particular case, it is best to build the appropriate consensus with all party involved. For additional information…
1. Basic Steps in Decision-Making. On the Internet at http://www.boarddevelopment.org/display_document.cfm?document_id=86
Mill, Kant, Religion, And Gay Marriage
In theory, freedom and liberty for all appears to be an excellent concept, one which nearly everyone would embrace. However, the practice of this ideology is not always as halcyon as its theoretical mandate. Quite frequently, it is possible for there to be conflicts of interests presented due to the notion that everyone feels entitled to pursue that which he or she wishes. There are numerous examples of this intrinsic conflict of what essentially is a question of free will. One of the most salient of these examples can be illustrated in the issue of the rights of gays to pursue lawful marriage. On the one hand, various members of the gay and lesbian community believe that they should be legally permitted to engage in same sex marriages under their rights of freedom and the pursuance of their own respective happiness.
The conflict, of…
If the leaders of our national financial institutions had asked 'are these moral actions right, ethically speaking, from the point-of-view of my profession' rather than 'will these moral actions make money,' the world financial crisis would never have occurred.
Utilitarianism also tends to deemphasize minority rights -- but merely because a group is in the minority does not mean that it is engaged in a moral wrong. This can be seen in the current debate over gay marriage. Many people stress that marriage is 'naturally' between a man and a woman, simply because the majority of the population is heterosexual. However, by safeguarding only majority rights, African-Americans and other historically-discriminated against groups would never have been allowed to enjoy the promise of the American dream. Kantian principles demand upholding the moral integrity of all human beings, regardless of perceived consequences. During the American Civil Rights movement, many opponents of integration…
The plaintiffs were disabled Tennesseans who could not access the upper floors in state courthouses. They sued in Federal Court, arguing that since Tennessee was disallowing them public services for the reason that their disabilities, it was infringing Title II of the Americans with Disabilities Act (ADA). Tennessee argued that the Eleventh Amendment banned the suit, and filed a motion to dismiss the case. It relied chiefly on Board of Trustees of the University of Alabama v. Garrett (2001), in which the Supreme Court held that Congress had, in endorsing certain provisions of the ADA, unconstitutionally repealed the supreme immunity of the States by letting people sue the States for discrimination on the foundation of disability. Garrett had held that Congress had not met the congruent-and-proportional test, in that it had not collected enough proof of discrimination on the basis of disability to give good reason for the repeal of…
GONZALES V. OREGON (04-623) 546 U.S. 243 (2006) 368 F.3d 1118. Retrieved March 26,
2011, from Web site: http://www.law.cornell.edu/supct/html/04-623.ZS.html
TENNESSEE V. LANE (02-1667) 541 U.S. 509 (2004) 315 F.3d 680. Retrieved March 26,
2011, from Web site: http://www.law.cornell.edu/supct/html/02-1667.ZS.html
Iraq under the reign of Machiavelli's Prince and Socrates' Golden Guardian
"Insurgent groups in Iraq warn that democracy could lead to passing un-Islamic laws, such as permitting homosexual marriage, if the majority of people agreed to it. 'Democracy is a Greek work meaning the rule of the people, which means that the people do what they see fit. This concept is considered apostasy (abandoning what one believed in) and defies the belief in one God-Muslim's doctrine." (San Francisco Chronicle, 31 December 2004, A3).
Machiavelli's advice regarding the conflict between the Iraqi insurgents and President Bush would be explicit, regarding the governance of Iraq -- do not leave governance up to the democratic will of the people, for this will only stimulate chaos and revolt and allow minority clerics to stimulate discontent amongst fundamentalist sympathizers in Iraq. Instead, install a New, pragmatically governing Prince who will neither rule by majority rule,…
Machiavelli. The Prince. Maintained: Jon Roland of the Constitution Society
Original URL: http://www.constitution.org/mac/prince00.htm | Text Version | PDF Version. Original date: 1997 July 10 -- Updated: 2003 July 23.
Plato. Republic. Translated by Robin Waterfield. New York: Oxford University Press, 1994.
San Francisco Chronicle. 31 December 2004. A3).
Having been prosecuted in Europe, they were inclined to severe all ties with the continent and considered Africa their homeland. Since most other immigrants in Cape were also Calvinists -- members of the Dutch Reformed Church, the French Haguenots were readily accepted as part of a common community and were soon integrated into settler society by intermarriage. Their emphasis on a 'pure' form of Calvinism and self-sufficiency, however, influenced the development of the Afrikaner culture and way of life.
The Afrikaans Language
Afrikaans is the language of the white South Africans that was largely derived from the 17th century Dutch language. It is estimated that about seven million people in South Africa and Namibia speak some form of Afrikaans, although 'standard' Afrikaans is spoken mainly by the whites. Until the end of the "apartheid" in 1994, Afrikaans was the official language of government and education. It is now one of…
Beck, Roger B. The History of South Africa. Westport, CT: Greenwood Press, 2000.
Grundlingh, Albert. "The Bitter Legacy of the Boer War." History Today Nov. 1999: 21.
Marx would therefore react negatively towards the idea that some economic power cannot be distributed in an absolutely equal sense. Communism entails the equal distribution not only of wealth, but also of economic power. Liberalism does therefore fit into this ideal to some degree, but not entirely.
Machiavelli had a number of beliefs related to his economic paradigm. According ot this philosopher, human beings, society and culture can all be improved by means of education, and that central to such education stood manly virtues. This paradigm is more or less proved by means of the evolution of liberalism in the United States. A system that began as yet another form of coercion has developed to become an altogether improved paradigm. Indeed, the variety of ideologies within society at any given time greatly influenced the evolution of the liberalist ideology. This can be seen above, with the historical movements from World…
Stanford Encyclopedia of Philosophy. "Karl Marx." August 26, 2003
The Reader's Companion to U.S. History. "American Liberalism." 2004. http://college.hmco.com/history/readerscomp/rcah/html/ah_053200_liberalism.htm
Utilitarianism and Plato
Philosophy is an ancient process. Since the times of Ancient Greece and Rome, people have taken it upon themselves to question the reality of their worlds and to postulate what it is that causes people to behave the ways that they do. The philosophical theory of utilitarianism has gained popularity in recent years because of the way that it explains government and the need for laws and authority. However, philosophy going back to the time of Plato dealt with many of the same questions currently posed by Utilitarianism. The theory of Utilitarianism and the writings of the great Plato can be seen to differ in the following ways: in the background metaphysical understanding of the universe and humanity's place in it, the theory of human nature that each supposes, the defect in human nature that allows beings to be unhappy or unfulfilled, and in the ways the…
Kupperman, J. (2010). Theories of Human Nature. Hackett: Indianapolis, IN.
Mill, J.S. (2002). Utilitarianism. Hackett: Indianapolis, IN.
Plato (2009). Great Dialogues of Plato. Perfection Learning Prebound.
Plato. The Apology.
America was a wonderful experiment in freedom and democracy which had never before been attempted by any nation. Nations either tried to give power to the people in order to prevent monarchies from rising to despotic power, or they allowed monarchs, despots and other sole figure heads to rise to power. In the case of allowing the people to rule, Europe and European's had learned many times that unbridled power in the hands of the people was no more just than the rule of despots. obs could become just as dictatorial as individual monarchs who sat upon golden thrones. Until America came into existence, nations could only expect to exist for a short time before political turmoil would create change of government, and the nation would start over again.
So as America grew from a fledgling nation to a powerful and economically stable country, those who had watched democracy struggle…
Mill, John Stuart. Dissertations and Discussions. New York: classic Books. 2000.
Madison, James. Federalist paper #10. 1775
De Tocqueville, Alexis. Democracy in America, essays on freedom. 1835. Accessed 21 May 2004. Website: http://www.tocqueville.org
Instead of pretending that racism and its effects no longer exist, we need to strengthen affirmative action and devise a new set of policies that directly tackle the racial gap in wealth." (Derrity, 1).
That, in a nutshell, is the position of this paper. America has not given affirmative action enough time to act. Moving forward, we should continue our affirmative action policies, but with an end in mind. Economists and sociologists, along with help from America's captains of industry and human resources experts, should devise an ideal time frame whereby affirmative action will end, and set outside and inside goals for this time frame as well.
But for now, affirmative action must continue, and continue with gusto, to reverse the horrors that America's history has caused.
CHAPTER 2: REVIEW of RELATED LITERATURE
History of Affirmative Action review of the history associated with affirmative action is the first step to…
Gratz v Bollinger, No. 02-516, U.S. Supreme Court. (2003)
Grutter v. Bollinger, 539 U.S. 306. (2003)
Fordyce v Seattle, 55 F. 3d 436.
acial and Ethnic Differences National Contexts
A sociologist analyze racial ethnic differences national contexts. For, U.S., tend race a . In order develop skill, select analyze a society demonstrating ethnic stratification conflict, including evidence prejudice discrimination.
In sociology, the predominant line of thought has favored new prejudice interpretations, arguing for the continuing relevance of prejudice and discrimination in forming political opinions and in generating discrimination. New prejudice theories have argued that modern prejudice is multidimensional, combining racial and ostensibly nonracial beliefs. Little known to most sociologists, recent psychological research provides a new approach to understanding the sources of racial discrimination that compliments ideas from the new prejudice literature (Livingston, 2002).
esearch has demonstrated that implicit racial attitudes exist even for individuals who score low on measures of explicit racial prejudice and that these implicit beliefs influence judgments and perceptions. This literature provides one way to reconcile differences between continuing high…
Brockner, J., & Wiesenfeld, B. (2000). An integrative framework for explaining reactions to decisions: Interactive effects of outcomes and procedures. Psychological Bulletin, 120(1), 189-208.
Census Bureau U.S. (2001). (2001). The Hispanic population: 1990-2000 growth and change., . Washington DC:: Guzmin.
Feather, N.T. (2002). Values and value dilemmas in relation to judgments concerning outcomes of an industrial conflict. Personality and Social Psychology Bulletin,, 28(2), 446-459.
Issacharoff, S., Karlan, P.S., & Pildes, R.H. (2002). The law of democracy: Legal structure of the political process (Rev. 2nd ed.). . New York: Foundation Press.
Democratization, Culture and Underdeveloped Nations
This paper looks at the issue of culture and democratization in underdeveloped countries. The paper is based on research conducted through a systematic review of the current literature on the subject, from policy documents published by bodies such as the IMF and the World ank, to academic papers written by workers in this field, to online discussion forums (which can be an extremely valuable source for assessing 'grass roots' opinions regarding issues such as this).
The paper begins with a basic introduction to some key topics, through a discussion of questions such as 'What is democracy?', 'What is culture?', 'What is an underdeveloped country', and 'What does democracy mean at the present time for people in the United States, and the rest of the developed world, and for people in underdeveloped countries'?
What do we mean, as a citizen of the United States, when we…
Abizedah, A. (2002). Does Liberal Democracy Presuppose a Cultural Nation? Four Arguments. American Political Science Review 96(3).
Adams, D. And Goldbard, A. (1995). Cultural Democracy: A Brief Introduction. Available at http://www.wwcd.org/cd.html . Accessed 13th January 2003.
Elshtain, JB (1993). Democracy on Trial. Concrod, Ontario: Anansi.
Kasfir (2000) Democracy in Translation: Understanding Politics in an Unfamiliar Culture (Book Review). American Political Science Review September 2000.
To cultivate genius when it does appear, a society must be free for all, not just the recognized geniuses. or, as Mill more eloquently puts it, "it is necessary to preserve the soil in which they [geniuses] grow. Genius can only breathe freely in an atmosphere of freedom...If from timidity they consent to be forced into one of these moulds [of conformity]...society will be little the better for their genius" (on Liberty, 9). Mill uses the extreme example of genius to illustrate the general principle he has devoted this entire book to; namely, that individual liberty is essential for the progress of a society. In this particular facet of his argument, he uses the archetypal vision of the genius to add a concrete incarnation of what otherwise might be an abstract and abstruse concept. Instead, Mill's view of liberty is rendered strikingly clear by his use of logic and example.…
British Parliamentary System of Government with the United States Federal System of Government
The British Parliamentary system of government is one of the oldest political systems in the world that has evolved over a period of centuries. The British model has influenced the system of governments in many countries of the world including the United States. On the other hand, the U.S. system of government is a Federal system that came into existence when the United States (the former American colonies) rebelled against British rule and declared its independence in the latter part of the eighteenth century, followed by the adoption of its own constitution in 1787. Although having some similarities with the British System of government, the U.S. system of government is unique in several aspects, having its own characteristics. In this paper we shall look at some key features of the two systems of government and compare and…
Baker, Jean H. "The United States Government." Microsoft Encarta Encyclopedia, 2003. CD-ROM Version
The British Constitution -- an Introduction." April 22, 2002. December 10, 2002. http://www.historylearningsite.co.uk/british_constitution1.htm
The British Parliamentary System." BBC Web Site. 2002. December 10, 2002. http://www.bbc.co.uk/dna/h2g2/classic/A591383
Judicial Independence" April 2002. December 10, 2002. http://www.historylearningsite.co.uk/judicial_independence.htm
In the older forms, people could live and work in relative independence if they disengaged from politics. Under a modern totalitarian government, people are completely and utterly dependent on, and submissive to, the rule and whims of a political party and its leaders. Older forms of such a government ruled by divine right, while the modern totalitarian state is ruled and run by a dictator who controls a political party. Examples of totalitarian governments are Germany under Adolph Hitler, the U.S.S.R. particularly under Joseph Stalin, the People's Republic of China under Mao Tse Tung, Italy under enito Mussolini and Iraq under Saddan Hussein. The ruling party is the elite and the whole society is subjugated to a hierarchical order wherein an individual becomes responsible to another of a higher position of authority. All social groupings are either destroyed or subjected to the purposes of the ruling party and the state.…
1. Labor Law Talk. Parliamentary System. Labor Law Talk Forum: Jelsoft Enterprises, Ltd., 2006
2. Lee, Dwight R. Liberty and Individual Responsibility. The Freeman: Foundation for Economic Educatin, 2005. http://www.fee.org/publications/the-freeman/articles.asp?aid=2124&print_view=true
3. MNS Encarta. Totalitarianism. Microsoft Corporation, 2006. http://encarta.msn.com/text_761574819_0/Totalitianism_html
4. Mikuriya H.N. Authoritarianism: a Social Disease. SOHOComp, 2006. http://www.mikuriya.com/sp_authority.html
Views on the Nature of Knowledge: Social Scientists vs. Natural Scientists
hat is knowledge? A simple question, or so most people would think. Knowledge is the accumulation of information on a given subject or subjects. It is a collection of facts, of things known to be true...or is it? The closer one looks, the more one comes to realize that there are many different approaches to obtaining knowledge, and many different definitions of precisely what constitutes knowledge. One's use of the term varies with one's own background and objectives. To some, knowledge is an absolute, to others; it is that which is gained through long hours of observation and long years of experience. The facts that make up what we call knowledge may be composed of absolutes, or they may be composed of many opinions, opinions that we believe to be most accurate or most correct. But what then…
Caldwell, Chris. The Prime Glossary: Perfect Number. 2002. URL: http://primes.utm.edu/glossary/page.php?sort=PerfectNumber
Gal Einai Institute of Israel. "Yud - The Mystical Significance of the Hebrew Letters." The Inner Dimension. No Date. URL:
Pederson, K.C. "Scotland Raising Shedding Sheep for Wool Production." Twisted Spinsters: Obsessive Fiber Disorder. November 2000. URL: http://www.twistedspinsters.com/page14.html.
status of federalism within the U.S. It is the thesis of the paper that the President, the Courts and Congress have assumed influential and significant roles in the shaping of federalism in recent decades. Initially, a conceptualization of federalism will be offered as established by the founding fathers. Current literature will then be used to identify factors associated with and the role assumed by the presidency, the Courts and Congress in federalism as it exists today within the U.S.
Conceptual Framework unique federal system of government to replace the original Articles of Confederation was established b the U.S. Constitution. On the basis of federalism, the Framer's of the Constitution delineated that national concerns were to be handled by a national legislative branch and executive branch of government while concerns at the local and state level would be handled by state legislatures and governors. It was the intent of the Framer's…
Brock, P. (2001). Supreme Court Justice Thomas Smith speaks. Montpelier Magazine (Spring, 2001), Harrisonburg, VA: James Madison University, Montpelier.
Eastman, J.C. (2002). Re-entering the arena: Restoring a judicial role for enforcing limits on federal mandates. Harvard Journal of Law & Public Policy, 01934872, 25 (3), 931-952.
Greve, M. (2000). The supreme court's federalism. AEI Federalist Outlook, 2 (August 2000). Found at http://www.federalismproject.org/outlook/8-2000.html.
Jeffrey, K. (1995). Guide to regulatory reform: The federalism rule. Brief Analysis No. 151, National Center for Policy Analysis, Washington DC. Found at http://www.ncpa.org/ba/ba151.html
Q2. Plato believed that, just as skilled craftsman should confine themselves to making shoes and warriors should confine themselves to fighting, only 'the best' should rule. Individuals with great aptitudes to be philosophers should be selected and taught to lead the people, and leadership by the majority was dangerous. The Platonic 'Guardians' would be taken away from their family at birth and given special training by other philosophers, so they would know how to govern. This reflects Socrates' notion of philosophy and leadership as specialized skills rather than something that can be practiced by all individuals equally effectively, as the concept of Athenian democracy would suggest. For Socrates, justice is not based in the concept of giving each citizen equal opportunities; justice means creating a perfect society. Making sure that the 'perfect' cobblers make shoes, the perfect warriors defend the city, and the best minds rule on earth makes society…
Freedom is the Foundation of Peace. Without freedom, there is no peace. America, by nature, stands for freedom, and we must always remember, we benefit when it expands. So we must stand by those nations moving toward freedom. We must stand up to those nations who deny freedom and threaten our neighbors or our vital interests. We must assert emphatically that the future will belong to the free. Today's world is different from the one we faced just several years ago. We are no longer divided into armed camps, locked in a careful balance of terror. Yet, freedom still has enemies. Our present dangers are less concentrated and more varied. They come from rogue nations, from terrorism, from missiles that threaten our forces, our friends, our allies and our homeland.
Since the signing of the Treaty of Ryswick between the kingdoms of Spain and France in 1697, the island…
"Beginning of Diplomatic Relations." Department of Foreign Affairs and International Relations. (January 2004) Retrieved June 3, 2005 from http://www.dfait-maeci.gc.ca /latinamerica/haitirelations-en.asp.
Graham, Andrew. "Canada bolsters support to Haiti." Media Relations Office
Canadian International Development Agency. (July 2004) Retrieved June 3, 2005 from
Accountability in a Liberal Democracy: A Critical Appraisal
A liberal democracy is defined as a political philosophy by which people have inalienable rights to power and free elective process of their country. In other words, a liberal democracy is a political system characterized with a free election, and political decision made by an independent legislature, a multiple political system, and independent judiciary. In a liberal democratic system, people have the right to voice a decision making process of their country with application of a majority rule and vote a candidate they wish to run the political office. A liberal democracy is a democracy of the people and for the people.
Typically, liberal democracy gives the citizens the overall strategy to improve the political economy of their country through a better government. Under a liberal democratic rule, people have the right to vote and participate in the civil engagement to protect…
Borowiak, C.T. (2011). Accountability and Democracy. The Pitfalls and Promise of Popular Control. London. Oxford University Press.
Chen, W. & Hsu, J.C. (2014). Horizontal Accountability in a Polarised New Democracy: The Case of Post-Democratisation Taiwan. Australian Journal of Asian Law. 15(2): 1-19.
Cheung, C. & Leung, K.(2007). Enhancing life satisfaction by government accountability in China. Social Indicators Research. 82.3: 411-432.
Kellman, A. (2004). Democracy Assistance in Practice: The Designing of a Political Party Training Program in the Republic of Kenya', MA thesis, University of the Witwatersrand, Johannesburg, South Africa.
Totalitarianism's Controversial Notions
The human social animal's capacity for collective tyranny and violence in Hannah Arendt's seminal work
Since the publication of her 1951 work on The Origins of Totalitarianism, Hannah Arendt has received much criticism as a philosopher and an historian for her theory of the human, historical development of notions of society or what Arendt terms 'the social.' From the social organizations of the salon, which were loose and diffuse, and based on ideological alliances, human beings evolved in their organization, she suggests, to alliances upon material interests in the forms of classes. But the nationalist and imperialist movements of the 19th century perverted these previous mental and material social alliances in history, to create the manifestation of 'the masses' that enabled totalitarianism to take hold in Germany, Russia, and other areas of the world.
Critical to Arendt's conception of totalitarianism is her notion of the…
Arendt, Hannah. The Origins of Totalitarianism. Harcourt and Brace, 1951.
Arendt, Hannah. The Human Condition. U of Chicago Press, 1998. Originally Published 1958.
Identity theft and fraud of many types and forms are obviously a major inconvenience and hindrance to anyone that falls prey to a person that engages that crime. There are many variants and forms of fraud and identity theft out there. One of the more insidious and nasty examples of those crimes would be that which relates to healthcare. Indeed, to have people's wallet, healthcare and the taxpayer dollar on top of that all potentially compromised in one fail swoop is a very ominous and nefarious endeavor. Even so, it happens all of the time and to all sorts of people. egardless of the particular situation or scenario, any instances of fraud or abuse when it comes to healthcare insurance, healthcare providers and the services dispensed from all of the above are never a good thing. While healthcare is deemed to be a right to be extended without…
Badano, G. (2016). Still Special, Despite Everything: A Liberal Defense of the Value of Healthcare in the Face of the Social Determinants of Health. Social Theory &
Practice, 42(1), 183.
Budetti, P. P. (2015). New strategy, technology emerging in ongoing fight against healthcare
fraud. Modern Healthcare, 45(29), 25.
When it comes to political science and philosophy, there are many subjects and points of analysis that are very intriguing, widely discussed and heavily debated. There are also certain people, both past and present, that have proved themselves as scholars on those political subjects. Such is the case with both John Locke and David Hume. One particular subject that both men weighed in on was the role of consent when it comes to the creation of political obligation. The positions of both men will be covered in this report and the author of the same will come to a conclusion as to which man made the better argument. Political obligation, of course, is the general rule that the law must be obeyed. Consent, on the other hand, is much more nebulous in terms of definition and concept and that will be covered in this report. While both men…
America, without doubt the most powerful nation on earth and the sole super-power of the 21st century evokes vastly conflicting feelings in people around the world, depending on their individual paradigm: the lens through which they look at the world. While to most people, America is a symbol of prosperity, freedom and equal opportunity it also is a source of equally negative feelings for others who resent its prosperity, and its economic, cultural and military power. This Jekyll & Hyde image of the country in the world, though surprising to many Americans, is not difficult to understand if one examines the issue in its historical, political, and cultural perspective. In this essay we will discuss what America looks like to an outsider, and what it means to people from different countries of the world as a state, as a people, and as a geographic region. Into what larger ideas and…
Fowlie, Wallace. "Voltaire." Article in Encyclopedia Encarta, 2002
Johnson, Paul E. And Nancy Woloch. "United States (History). Article in Encyclopedia Encarta, 2002.
Nash, Gary B. "United States (Overview). Article in Encyclopedia Encarta, 2002.
Klepp, Susan E. "United States (People)." Article in Encyclopedia Encarta, 2002.
This second sense of economic justice for the poor is not found in Cicero, and is expanded upon in Martha Nussbaum's philosophy of the state's role in expanding upon human capabilities, or the capabilities for maximizing one's individual potential.
Rawls' most unique contribution to modern thought is assumed to be his concept of what he calls the veil of ignorance, or the fact that decisions about justice should be calculated by a perfectly objective person, who has no idea whom he or she is affecting when he or she is making decisions about justice in terms of the person's identity, sex, race, and the expansion of economic opportunities. Rationally, all people wish to advance their own interests, but if they no longer know the identity of whom they are advancing, they will act in a perfectly just fashion, including at times redistributing some wealth in the name of expanding opportunities…
Cicero, Marcus Tullius. "The Defense of Injustice." From A World of Ideas. Edited by Lee A. Jacobus. 7th edition. New York: St. Martin's Press, 2006.
Rawls, John. "A Theory of Justice." From A World of Ideas. Edited by Lee A. Jacobus. 7th edition. New York: St. Martin's Press, 2006.
Nussbaum, Martha C. "The Central Human Functional Capabilities." From A World of Ideas. Edited by Lee A. Jacobus. 7th edition. New York: St. Martin's Press, 2006.
Judicial review allows lawmakers to reflect changing morals and ideals when enacting legislation, but prevents them from allowing the hot-button topics of the moment to determine the laws of a nation. In fact, to really understand the success of judicial review, one need only look to the election in the Ukraine, where the Ukrainian Supreme Court may be the only body far-enough removed from party politics to ensure that Ukrainian voters have their say. If imitation is the sincerest form of flattery, Justice Marshall should be very flattered.
The Gathering Storm." John Marshall: Definer of a Nation. 2003. DuPage County Bar
Association. 9 Dec. 2004 http:dcba.org/brief/sepissue/1997/art20997.htm.
Hugo Lafayette Black." Arlington National Cemetery ebsite. 2004. Arlington National
Cemetery ebsite. 9 Dec. 2004 http:www.arlingtoncemetery.net/hlblack.htm.
Judicial review/Marbury v. Madison." National Legal Center for the Public Interest. 2002.
National Legal Center for the Public Interest 9 Dec. 2004 http://www.nlcpi.org/pdf/JudicialReviewMarburyvMadison.pdf#search='judicial%20review%20marbury'.
Linder, Doug. "Judicial…
The Gathering Storm." John Marshall: Definer of a Nation. 2003. DuPage County Bar
Association. 9 Dec. 2004 http:dcba.org/brief/sepissue/1997/art20997.htm.
Hugo Lafayette Black." Arlington National Cemetery Website. 2004. Arlington National
Cemetery Website. 9 Dec. 2004 http:www.arlingtoncemetery.net/hlblack.htm.
Primary Source Analysis
On September 17, 1787 the Constitution of the United States was signed by 39 delegates from 12 states in Independence Hall, Philadelphia, Pennsylvania, after spending the summer debating the final form in the first Constitutional Convention. The Constitution represented in part an attempt to prevent the dissolution of the confederacy of states formed by the shared goal of independence, by forming a strong federal government (hodenhamel, 1987, p. 6).
Once the Constitution had been signed it had to be ratified by at least nine states before the federal government could be formed. To urge the states to ratify, a series of influential essays were published in New York newspapers by James Madison, Alexander Hamilton, and John Jay, under the pseudonym Publius (hodenhamel, 1987, p. 45). This collection of essays was called The Federalist Papers (Genovese, 2009).
Historians have since recognized that the most influential of…
Genovese, Michael A. (Ed.). (2009). The Federalist Papers. New York: Palgrave MacMillan. Retrieved from http://lib.myilibrary.com.ezproxy1.lib.asu.edu/Open.aspx?id=276510&src=2
Madison, James. (1787, Nov. 23). Federalist No. 10: The size and variety of the union as a check on faction. New York Packet. Retrieved from http://faculty.rcc.edu/sellick/Fed10.pdf . Also available in Genovese, 2009, p. 49.
Rhodenhamel, John H. (1987). Letters of liberty: A documentary history of the U.S. Constitution. Constitutional Rights Foundation, Los Angeles. Microfiche.
Justin Trudeau's election as Canadian Prime Minister represented a generational change in the country's politics. While there was a general belief that he was not ready to be Prime Minister, Trudeau used political skill and craftsmanship during the long election campaigns to defeat experience politicians. His election not only represents a generational change in Canadian politics but also has significant impacts on governance. In a recent phone call, he has indicated that he wants to re-establish the country with a new political system. This is influenced by the talks he has had regarding different kinds of political systems i.e. oligarchy, democracy, and the middle class. For Prime Minister Trudeau to choose the best system to rebuild the Canadian political system, an understanding of each of these systems is important.
One of the people who made significant contributions regarding oligarchy, democracy, and the middle constitution is Aristotle, a Greek…
This, then, is what takes us to the argument that false rhetoric is the greatest danger to democratic rule.
Imagine what kind of leaders we would have if only false rhetoric existed? False rhetoric allows for the use of lies, manipulations, "spin" to become an accepted part of our political discourse - Bill O'eilly is a perfect example of the false rhetorician. His "newscasts" are filled with verifiable lies, false facts, and rhetoric that is designed to appeal to a very specific portion of the country - hard-line conservatives for whom "truth" is predicated on a moral position. False rhetoric convinced the nation that Bush would be a good, balanced, fair, and reasonable President - and what is more striking, perhaps, is that Karl ove and his like are actively stringing false rhetoric wherever possible with the goal of creating a permanent epublican majority - convincing people to vote for…
Plato. The Republic. New York: Penguin Classics, 2003.
Gordon, James L. The Rhetoric of Western Thought: From the Mediteranean World to the Global, 7th Ed. Dubuque, IA: Kendall Hunt, 2000.
Voting to Violence, Jack Snyder starkly poses some of the most vexing questions for foreign policy analysts during the 1990's. Why was this decade, despite the collapse of the totalitarian system of communism and an overall greater global potential for democratic involvement, marked by a worldwide increase in ethnic conflict and hatred in Europe and across the larger world?
Why did this "the process of democratization" become seemingly "one of its own worst enemies," because of its populist nature of the democratic politics that seemed to point towards peace and freedom, rather than conflict. Why has the promise of democracy leading to a more stable worldwide peace seemingly inevitably become "clouded with the danger of war?" (Snyder 2000: 21)
In another section of Snyder's book, the author states that "the transition to democratic politics is meanwhile [still] creating fertile conditions for nationalism and ethnic conflict, which not only raises the…
However, this valuation of the individual must be for all individuals for this world democratic peace to ensue. In other words, new democracies must be rights-based rather than purely populist and ethnically based, otherwise an 'us vs. them' ethnic ideology will lead to warfare. In an ethnic democracy, the security of one's ethnic state becomes based in the stamping out of all ethnic groups, groups who were historically, previously opposed to one's own ethnic identity. What is called upon is not a naive liberal faith in the value of a democracy, but an intelligent understanding of the complications of democracy, a belief in a rights-based system with a questioning eye upon simple ethnic majority populism. (Snyder 2000: 16-17)
Snyder and Dahl's analysis is so cogent because their words explain why democracy does not automatically produce a "democratic peace," only a rights-based "civic democracy" as distinguished from an "ethnic democracy" can do so. (Snyder 2000: 353) In contrast, ethnic democracies undermine a democratic peace because they "deactivate the mechanisms that keep relations between democracies peaceful," in other words for ethnically-based democratic movements and states, the individual's rights is only valued if that individual is part of a specific ethnic frame of reference. Rather than civic or rights-based and individualistic liberal democracies, when democracies evolve in an ethnic-based conflict, they are not more likely to be at peace with one another. Instead, contending rival ethnic democracies are more likely to be at war with one another, reviving ancient hatreds. They are additionally more likely to have a perceived stake in the ethnic conflicts of wars outside their borders.
Synder and Dahl's analysis should not be read as a simply validation of the United States liberal political system, after all the U.S. is hardly free of inter-ethnic conflicts of its own. Instead, their books are intended as warnings to makers of United States policy who may have been too quick in the past to support movements simply because they are democratic, without looking into the specific ethnic tensions of various regions and regional movements. Only through a specific understanding of different country's ancient histories, histories that often stretch far back beyond that of the United State's own conception, can a truly democratic and peaceful world be orchestrated by the stable democracies of the current world order.
It would strive to minimize the pay and quality-of-life differential between the wealthiest individuals and the poorest, although it would permit whatever differential justified by the greater good served by certain professional commitments and responsibilities.
Rawls' ideas if incorporated into society would not compel any person to contribute to the greater good any more than he or she desired; they would simply impose mechanisms for distributing resources and potential rewards in the most socially beneficial and equitable manner. Industries that produce socially beneficial products and services that contribute to the greater good would be permitted to profit more from those endeavors than superfluous industries; physicians would be entitled to sufficient compensation and benefits to ensure against any shortage of physicians in society; and police officers and firefighters would earn more than professional athletes, although closer to several times the average wage in society instead of the equivalent of hundreds or…
"Many social decisions are, of course, of an administrative nature. Certainly this is so when it is a matter of social utility in what one may call its ordinary sense: that is, when it is a question of the efficient design of social institutions for the use of common means to achieve common ends" (Rawls, 1958 p187).
Rawls' ideas would seem to comport perfectly with the essential purpose of public administration services. In principle, the entire structure of modern administrative services in society is precisely to improve society and contribute to the public good much more efficiently and effectively than individual citizens could ever hope to, even in a collaborative effort. Granted, to a certain extent, Rawls' ideas could be seen as excessively constraining individual initiative and creativity; however, in the realm of public administration of social services and justice, they would greatly increase the quality of life and contribute to the greater good. Instead of the poorly motivated, apathetic attitudes frequently associated with civil service employment, Rawls' ideas would reward civil servants sufficiently to guarantee much greater commitment to their responsibilities.
Generally, modern public administration and civil service exemplify the very concepts emphasized by Rawls except that the pay differential between civil servants and employment in many areas of the private sector greatly detract from the communal spirit and cooperation that Rawls hoped to promote through his ideas. Ultimately, while some of the specific mechanisms suggested by Rawls' ideas may be impractical to impose on a free society, their general purpose is likely achievable to some degree simply by increasing awareness of some of the conceptual arguments.
In the period between the evolution and the drafting of the Constitution, Jefferson noted that the eventual existence of a dictator in place of a king in Ancient ome clearly indicated the existence of real failings within the oman system:
dictator is entirely antithetical to republicanism's "fundamental principle...that the state shall be governed as a commonwealth," that there be majority rule, and no prerogative, no "exercise of [any] powers undefined by the laws." "Powers of governing...in a plurality of hands." (Zuckert, 1996, p. 214)
As a result, Jefferson, like the philosophes before him (and the Iroquois) would turn to ideas that would balance the necessary evils of government power with the rights of the people. James Madison agreed wholeheartedly, and urged in "Government of the United States" that a constitutional government based on separation of powers was the only sure way of preventing the country from taking the "high road…
Black, E. (1988). Our Constitution: The Myth That Binds Us. Boulder, CO: Westview Press.
Brooks, C.K. (1996). Controlling the Metaphor: Language and Self-Definition in Revolutionary America. CLIO, 25(3), 233+.
election of George W. ush over Al Gore in 2000, who won the electoral vote in spite of losing the popular vote, rekindled a controversy that has been going on for some time now: has the Electoral College mechanism lived its time?
According to the United States constitution, each state is entitled to choose its electors for president and vice-president as a number equal to the total number of representatives and senators the respective state has. The choosing itself is left to the states, by direct popular vote in each state. If the voting for President is a tie, the Constitution specified that this would be decided upon in the House of Representatives. In the initial way the Electoral College was designed by the founding fathers, the winner of the majority of electoral votes would win the election and become president, while the runner-up would become Vice-President. Of course, it…
1. Rohwer, Luis Fuentes; Charles, Guy-Uriel. THE ELECTORAL COLLEGE, THE RIGHT TO VOTE, AND OUR FEDERALISM: A COMMENT ON A LASTING INSTITUTION. FLORIDA STATE UNIVERSITY LAW REVIEW. Vol. 29. 2001
2. Polsby, Nelson W.; Wildavsky, Aaron. Presidential Elections Strategies and Structures of American Politics. 10th edition. 2000
3. Ross, Tara. The Electoral College: Enlightened Democracy. Legal Memorandum #15. November 2004. From Longley, Lawrence D.; Peirce, Neal R. The Electoral College Primer (1999). On the Internet at http://www.heritage.org/Research/LegalIssues/lm15.cfm
Ross, Tara. The Electoral College: Enlightened Democracy. Legal Memorandum #15. November 2004. From Longley, Lawrence D.; Peirce, Neal R. The Electoral College Primer (1999). On the Internet at
Fiscal and Monetary Issues in America
There are high tensions in the American economy today resulting from speculations whether the government will be able to hit the debt ceiling. Failure to hit the debt ceiling has serious economic effects to many sectors of the economy both in the United States and various countries of the world. Political disagreements regarding the budget delay decision-making process as the date ceiling draws closer each day. The government debt will cause disruption and failures in the U.S. market system and beyond because some rates will double while others will completely fall. The consequences of these are both the government and private sector failures and the economy will not be in a position to sustain itself. Government securities will lose market value and the cost of bonds will double because of the risk premiums. The result of this is government deficits, which will require…
Eichner, A.S., & Kregel, J.A. (1975). An essay on post-Keynesian theory: a new paradigm in economics. Journal of Economic Literature, 13 (4), 1293-1314.
Moseley, F. (1995). Heterodox Economic Theories: True or False?. Brookfield: Edward Edger
Lee, F & Bekken, J. (2009). Radical Economics and Labor. New York: Routledge Publishing.
Intervening With Juvenile Drug Crimes
Researchers are now focused on developing and evaluating programs designed to break the drug-crime cycle that is common in juvenile delinquents. This paper will summarize existing literature about programs designed to prevent the juvenile drug-crime cycle and, based on that literature, identify interventions that offer the best chances for success. This paper will also provide guidelines and recommendations for developing a comprehensive juvenile justice system that can best address the needs of juvenile offenders involved with drug crimes.
This thesis is expected to make a contribution to the selection of successful interventions and the development of collaborative partnerships in the juvenile justice system, drug treatment programs, and other agencies as they attempt to break the cycle of drugs and crime afflicting U.S. juveniles.
With the prevalence of drug crimes among juveniles and the complexity involved in their treatment, which must involve both the child…
Abuse and Dependence. Child and Adolescent Psychiatric Clinics of North America 5 (1): 201-211.
Allison, M., and Hubbard, R.L. (1985). Drug abuse treatment process: A review of the literature. International Journal of the Addictions 20:13211345.
Anglin, M.D., and Hser, Y. (1990). Treatment of drug abuse. In Drugs and Crime, vol. 13, edited by M. Tonry and J.Q. Wilson. Chicago, IL: University of Chicago Press.
Ball, J.C., Rosen, J.A., Flueck, J.A., and Nurco, D.N. (1981). The criminality of heroin addicts: When addicted and when off opiates. In The Drugs-Crime Connection, edited by J.A. Inciardi. Thousand Oaks, CA: Sage Publications, Inc.