Monday, August 24, 2020

Kant's Prolegomena to any Future Metaphysics Essay

Kant's Prolegomena to any Future Metaphysics - Essay Example For an empiricist, from the earlier information is incomprehensible in light of the fact that this is past understanding. Be that as it may, Kant, an empiricist himself, shows how from the earlier information is conceivable. According to him, from the earlier which he additionally terms as diagnostic, is something that is known not before whatever else yet corresponding to the subject of knowing. Given Kant’s model â€Å"all bodies are extended† where the idea of expansion is constantly related with the idea of bodies is expository. Conversely with this is the manufactured judgment (by meaning of amalgamation is including) and is unmistakably shown in his model â€Å"all bodies have weight† where the idea of weight was watched and was thought of as being added to the idea of bodies. As such, something known to be intrinsic or worked in with the subject of knowing is investigative while something known to be a depiction of the subject of knowing is manufactured. E ngineered information is additionally classified into those emerging as a matter of fact and those emerging from arithmetic. With respect to those as a matter of fact, clearly when I experience a chilly soft drink, I put the idea of cool, the idea of pop and the idea that the soft drink can be taken in the fluid structure, and together they structure the idea of a chilly soft drink. This is likewise comparable with arithmetic, putting the idea of the number 1 and another number 1, including them delivers the idea of number 2. Since manufactured from the earlier information is conceivable, at that point transcendentalism is additionally conceivable since this is the means by which power is to be known. As indicated by Kant, â€Å"space and time†¦ are in this manner unadulterated instincts that lie from the earlier at the premise of the experimental † (Sect 10). The idea of reality is unique in relation to our origination of cold soft drink or broadened bodies where we experience them (see, feel, taste) in light of the fact that dissimilar to bodies and soft drink drinks that are questions in themselves, existence are most certainly not

Saturday, August 22, 2020

Desirees Baby Analysis of Racism

Desirees Baby Analysis of Racism We carry on with our life inside the limits of our conviction frameworks and good rules we were raised with, for example, social classes and race .The story tells about adoration, subjection, and prejudice defrauds everyone without comparable outcome. The story is piled with incongruities. The storyteller utilizes imagery and incongruity to pass on the topics of half-blood, racial disdain, inconsistent sexual orientation jobs, and social stepping stool. Incongruity and imagery are additionally used to upgrade the story, enrapturing the psyches of the peruser until the end. Hinting his conviction that Desireesâ family is potentially African-American . As the child get more established her skin pigmentation obscures and Armand feels as the infant isn't his kid Monsieur Valmonde developed useful and needed things all around considered: that is, the young ladies darken birthplace. Armand investigated her eyes and couldn't have cared less. He was reminded that she was anonymous. What di d it make a difference about a name when he could give her one of the most established and proudest in Louisiana? Armands causes you to feel as since the youngster had African-American legacy he dont need any duty regarding the kid be name after him . Desiree mother feels like there was a racial aloof natures between the kid and the guardians after she took the kid to the window to check whether it was the lighting in the home . This isn't the infant! she shouted, in alarmed tones. French was the language expressed at Valmonde back then. This examination between Desirees child and Zandrine could be that she feels the they are both bi-racial. Now Desirees sees the distinction in her the infant herself, At the point when the child was around a quarter of a year old, Desiree got up one day to the conviction that there was something noticeable all around threatening her tranquility. It was from the outset too unobtrusive to even think about grasping. It had just been a disturbing recommendation; a demeanor of riddle among the blacks; startling visits from far away neighbors who could barely represent their coming. One of La Blanches little quadroon boyshalf exposed toostood fanning the kid gradually with an enthusiast of peacock quills. Desirees eyes had been fixed absently and tragically upon the child, while she was endeavoring to enter the undermining fog that she felt shutting about her. She looked from her youngster to the kid who remained alongside him, and back once more; again and again. Ok! It was a cry that she was unable to help; which she was not aware of having expressed. The blood turned like ice in her veins, and a moist dampness assembled upon her face. She remained unmoving, with look bolted upon her kid, and her face the image of trepidation. She stands up to her significant other for comprehension, Â â â Armand, she gasped again, grasping his arm, take a gander at our youngster. I'm not catching it's meaning? Let me know. Â â â He briskly yet delicately extricated her fingers from about his arm and push the hand away from him. Mention to me what it implies! she cried despairingly. Â â â It implies, he addressed daintily, that the kid isn't white; it implies that you are not white. She addresses what Armand says and gives proof to the reality, It is an untruth; it isn't accurate, I am white! Take a gander at my hair, it is earthy colored; and my eyes are dark, Armand, you realize they are dim. Furthermore, my skin is reasonable, holding onto his wrist. Take a gander at my hand; more white than yours, Armand, she snickered insanely. Armand consumes everything that had a place with Desiree and the infant in an enormous campfire. Maybe as a custom purging of the African American blood, that had spoiled, LAbri, his protected spot. Â Some weeks after the fact there was an inquisitive scene sanctioned at LAbri. In the focal point of the easily cleared back yard was an extraordinary campfire. Armand Aubigny sat in the wide lobby that directed a perspective on the scene; and it was he who managed out to about six negroes the material which kept this fire burning. While gathering things for the fire he finds a letter from his mom to his dad uncovering that it is he that unquestionably has the Negro blood; despite the fact that Desirees parentage is obscure. The exact opposite thing to go was a modest heap of letters; blameless little scribblings that Desiree had sent to him during the times of their embrace. There was the leftover of one back in the cabinet from which he took them. Be that as it may, it was not Desirees; it was a piece of an old letter from his mom to his dad. He read it. She was expressing gratitude toward God for the gift of her spouses love: Â â â But most importantly, she wrote.â I thank the great God for having so organized our lives that our dear Armand will never realize that his mom, who worships him, has a place with the race that is reviled with the brand of subjugation.

Sunday, July 26, 2020

MIT Econ Prof Wins Nobel Prize (with video)

MIT Econ Prof Wins Nobel Prize (with video) As Chris blogged last week, MIT Economics professor Peter Diamond PhD 63 was awarded the Nobel memorial prize in Economics. For MIT, this makes 3 current or emeritus faculty (Diamond, Robert Merton PhD 70, and Robert Solow) and 9 alumni (including Diamond and Merton) who have won the Nobel Prize in Economics (more have won for Medicine, Physics, and Chemistry). MIT held a press conference to announce Prof. Diamonds win. Here are the highlights: You can watch the full press conference at MIT TechTV. One of the things I like about the press conference is that it didnt happen in a fancy board room or anything they held it in a normal MIT classroom (it looks a lot like the room where I took 18.330 Introduction to Numerical Analysis with Prof. Toomre do any MIT students reading this know which classroom this is?). I love that the chalkboard isnt even fully erased! One of the nice and amazing things about Diamond winning the Nobel Prize is that his thesis advisor when he was an MIT student was another Nobel Prize winner, Robert Solow; Prof. Solow was in the room for the press conference and posed for pictures with Diamond. I also like that Prof. Diamond only heard about the prize after coming back from a red-eye flight from New Zealand via San Francisco; the prize was announced while he was still on his flight (I believe). His wife and son picked him up at Boston Logan Airport, and he didnt learn about the prize until a phone call he received while they were driving on Storrow Drive (appropriately, looking across the Charles River at MIT). One reporter asked Prof. Diamond, a big Red Sox fan, how winning the Nobel compared to the Red Soxs historic World Series win in 2004. In responding, he made reference to the thrill of throwing out the first pitch at Fenway Park. Check out the photos: Congratulations Professor Diamond!

Friday, May 22, 2020

Cognitive And Psychological Development Is Important For...

Development is important for understanding the different areas of growth that humans experience throughout their lives. It plays a role in all kinds of fields such as education, sociology, psychology, and more. In order to truly understand life and people, you have to know the life stage someone is in and how they are developing. Starting with physical, cognitive, moral, and psychological development, all the way to the impact of relationship roles, one can gain more knowledge on life stages. My physical development as a child was normal. I was crawling at about eight months old and I learned how to walk right before my first birthday. Shortly after I turned one, I began saying my first words and my language skills continued to develop from there. I started reading around four or five and learning how to write shortly after. Piaget’s sensory motor stage takes place from birth until about two years old. During this time, babies start learning more about their surroundings by us ing their senses. In the early months, an infant is unable to grasp the concept of object permanence. They are still under the impression that if something is hidden it does not exist at all. Over the next few months, they begin to understand that an object is still there and it did not just disappear because a blanket was put over it. The second stage is the preoperational stage, which takes place from about two years old until six or seven. During this stage, a child does not really understandShow MoreRelatedA Reflection on Adult Development, Wisdom, and Wellness999 Words   |  4 PagesReflection on adult development, Wisdom, and wellness Successful adult development is seen as the program of possessing inner feelings of happiness and being content with ones past and present performance (Ouwehandet al., 2007). Happiness, it seems to me, is generated via conditions of health and the capacity of wisdom that enables one to accept difficult situations and to turn challenging situations into growth-filled opportunity. Ryffs (1989) definition of successful adult development reinforces thisRead MoreThe Development Of An Individual And The Aspects Within Psychology1566 Words   |  7 Pagesindicate the development of an individual and the aspects within psychology. Developmental Psychology is the study of the way a human change over time throughout their life. Individuals face many issues and problems throughout their life that could possible affect their physically, emotionally, and mentally growth. As a parent and child develop individually, many skills and behaviors increase and decrease. In this case, communication seems to have a downfall as the child ages. Development being theRead MoreDevelopmental Psychology1198 Words   |  5 PagesLifespan Development and Personality Jasmine Coverson PSY/103 E. W. Newlin University of Phoenix May 5, 2010 In developmental psychology, researchers describe the physical, emotional, and psychological stages of development while relating the specific issues involved in the stages, which can hinder proper development. Developmental psychology, also described as human development, is the scientific investigation of methodical psychological modifications that take place in humans in excessRead MoreThe Diverse Nature Of Psychology1157 Words   |  5 Pagesof Psychology Psychology is a diverse area of study; it is not an easy task. The field of psychology is so diverse and is always changing and evolving. Because of the always expanding of nature, there is not just only one theory that can explain and answer all of the questions that are associated with psychology. Psychology has always been defined by its diversity. 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There are a lot of questions concerning psychology and as you continue reading this article many of those queries will get answered accordingly. Psychology means a theoretical, educational and applied science connecting the scientific study of mental operations and behavior or performance. Psychology also refers to the application or usage of understanding, knowledge and skills toRead MoreDevelopmental Psychology : Understanding And Theoretical Understanding1573 Words   |  7 Pages adult, and the whole life of a person. Developmental psychology consider development over a wide area of issues like motor skill, emotional intellectual associated with topics like problem solving, moral understanding and theoretical understanding. From the beginning of birth to the end of death the field has study the different changes in behavior. Developmental psychologists have tried to understand all the different reason for these changes. Developmental psychology consists of topicsRead MoreThe Theories Of Piaget And Vygotsky On Childhood Development1703 Words   |  7 Pagesprominent in an understanding of developmental cognition in childhood (Duchesne, McMaugh, Bochner Karuse, 2013, p. 56). Their theories are complimentary and provide a more rigorous comprehension of childhood development (Shayer, M., 2003, p. 465). Their varying principles are applicable to many situations concerning the development of children. The focuses of Piaget and Vygotsky on the ways of childhood development differ. Piaget was focused on the four developmental stages of cognitive growth in his TheoryRead MoreSchool of Thoughts in Psychology1604 Words   |  7 Pagesadvocated by the founder of the first psychology lab, Wilhelm Wundt. Almost immediately, other theories began to emerge and vie for dominance in psychology. 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Friday, May 8, 2020

New Belgium Brewing Company s Social Responsibility...

Introduction The New Belgium Brewing Company was founded by Kim Jordan and Jeff Lebesch in 1991. The idea for the company was by Lebesch when he was on a bicycling trip through Belgium. Since then, the company has grown steadily. According to the New Belgium Brewing Company, in 2015 New Belgium Brewing sold 914,000 barrels of beer and they are the fourth largest craft brewery as defined by the Brewers Association (New Belgium Brewing Company). This paper will mainly discuss the New Belgium Brewing Company’s social responsibility practices. Firstly, the environmental issues they work to address will be addressed, how New Belgium Brewing has taken a strategic approach to addressing these issues, and why the company has taken such a strong stance toward sustainability. Secondly, the company focuses on social responsibility and how it provides a key competitive advantage. Finally, the New Belgium Brewing Company is a socially responsible corporation. Research The New Belgium Brewing Company strives to reduce its impact on the environment by doing multiple things. First, the company has implemented a number of cost-efficient and energy-saving alternatives. According to the company, 100% of the electricity that they use are through renewable energy sources such as solar and wind power. They incorporated sun tubes that help to light the brew house with natural daylight. Also, the company became the country’s first brewery to create 100% of its electricity from wind power in 1999 inShow MoreRelatedNew Belgium Brewing And Its Effect On Social Responsibility1789 Words   |  8 PagesNew Belgium Brewing or NBB is a brewing company that stands apart from the competition in many ways. Who would have thought that a brewing company would be thought as an example of how an ethical and socially responsible company should be ran? The other part that is a surprise to most is that it is a fairly small corporation. 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Chapter 2 describes strengthsRead MoreBoon Rawd Brewery Company analysis(including PEST,SWOT,Porters Five forces analysis)6553 Words   |  27 PagesTable of ContentExecutive summary3Corporate Background4Which industry or industries is the firm operating in?4Who are the customers?4Where does the company serve?5What needs are being satisfied by the company ´s goods or services?5What are the companys distinctive competencies?6Which generic strategy in currently used by the company?7Country analysis and attractiveness assessment7Brazil PEST analysis7India PEST analysis12South Korea PEST analysis15Industry and Competitive Analysis-18Porters FiveRead MoreCzech Republic8347 Words   |  34 Pagescurrently #8776; 5% of GDP. Inflation is under control. Recent accession to the EU gives further impetus and direction to structural reform. In early 2004 the government passed increases in the Value Added Tax (VAT) and tightened eligibility for social benefits with the intention to bring th e public finance gap down to 4% of GDP by 2006, but more difficult and necessary pension and healthcare reforms will have to wait until after the 2006 elections. Privatization of the state-owned telecommunicationsRead MoreNespresso Co. Analysis15084 Words   |  61 PagesCoffee Industry: II. COUNTRY CLIMATE d. Cultural Environment v. Art vi. Architecture vii. Literature viii. Music ix. Media x. Science e. Social environment xi. Labor law xii. Social protection xiii. Swiss work permits xiv. Hofstede’s model applied to Switzerland f. Economic environment xv. Economic indicators g. Political Environment xvi. GeneralRead MoreCase Study148348 Words   |  594 Pages978-0-273-73552-6 (web) ï £ © Pearson Education Limited 2011 Lecturers adopting the main text are permitted to download and photocopy the manual as required. Pearson Education Limited Edinburgh Gate Harlow Essex CM20 2JE England and Associated Companies around the world. Visit us on the World Wide Web at: ---------------------------------This edition published 2011  © Pearson Education Limited 2011 The rights of Gerry Johnson, Richard Whittington and Kevan Scholes to be identified

Wednesday, May 6, 2020

Family Law- Hindu Law Free Essays

string(138) " on the ground that in India, where most of the population and especially women \(wife\) do not have actual possession over any property\." DARSHAN SINGH PATIALVI – ADVOCATE GENERAL | Restitution Of Conjugal Rights: Criticism Revisited| Introduction:- Section 1[1] of the Hindu Marriage Act, 1955 embodies the concept of  Restitution of Conjugal Rights  under which after solemnization of marriage if one of the spouses abandons the other, the aggrieved party has a legal right to file a petition in the matrimonial court for restitution of conjugal rights. This right can be granted to any of the spouse. This section is identical to section 22 of the Special Marriage Act, 1954. We will write a custom essay sample on Family Law- Hindu Law or any similar topic only for you Order Now [2] The provision is in slightly different wordings in the Parsi Marriage and Divorce Act, 1936, but it has been interpreted in such a manner that it has been given the same meaning as under the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954. However, the provision is different under the section 32 Indian Divorce Act, 1869 but efforts are being made to give it such an interpretation so as to bring it in consonance with the other laws. The provision under Muslim law is almost the same as under the modern Hindu law, though under Muslim law and under the Parsi Marriage and Divorce Act, 1936 a suit in a civil court has to be filed and not a petition as under other laws. [3]The constitutional validity of the provision has time and again been questioned and challenged. The earliest being in 1983 before the Andhra Pradesh High Court[4] where the Hon’ble High Court held that the impugned section was unconstitutional. The Delhi High Court in  Harvinder Kaur v Harminder Singh,[5] though had non-conforming views. Ultimately Supreme Court in  Saroj Rani v. Sudharshan,[6] gave a judgment which was in line with the Delhi High Court[7] views and upheld the constitutional validity of the section 9 and over-ruled the decision given in  T. Sareetha v. T. Venkatasubbaiah. [8]It is a sad commentary that despite various courts including the Apex Court of the Country upholding the validity of section 9. Many jurists still have doubts with respect to the soundness of this section and demand its abolishment. Abolitionist’s View The abolitionists argue that it is a remedy that was unknown to Hindu law till the British introduced it in the name of social reforms. Even when the Hindu Marriage Act, 1955 was being passed in the Parliament, there were voices of scepticism regarding the efficacy of this remedy. [9] Sir J. Hannen in  Russell v. Russell[10] also vehemently opposed the remedy. Further, they are of the view any law that forces any person to live with another person is contrary to the value of the society. The remedy openly violates the fundamental right to life, privacy and equality hence is unconstitutional. Further more, there is frequently insincerity in the petitioner’s intention. The remedy is blatantly misused to achieve ulterior purposes other than reconciliation, the root cause being S. 13 (1-A)(ii) of the Hindu Marriage Act, 1955 and has created an additional ground of divorce. Yet another major problem with restitution petitions is that it is used as a defence for maintenance suits. This remedy has been repeatedly misused, abused and exploited. 11]Adding more, the procedure prescribed to enforce this decree under Order 21 Rule 32 of Civil Procedure Code, 1908 is also criticized on the ground that in India, where most of the population and especially women (wife) do not have actual possession over any property. You read "Family Law- Hindu Law" in category "Essay examples" In such cases, if a restitution decree is not complied with, then the court is required to ascerta in the share of the wife in the property of her husband, when it is not divided and arrive at her share in the property, but this involves cumbersome procedures. Difficulty also arises if the husband does not have a property in his name. Further, it is not correct to think that coercing a person that his property would be attached and sold away can change the attitude of the adamant spouse and make him obey the decree. Counter View However, in my opinion, section 9 of the Hindu Marriage Act is one of the most misunderstood sections of the Matrimonial law. Despite the controversy it has continuously been upheld by the Judiciary. Even the legislature through various committees and its reports has supported this section. All the reasons so stated by abolitionists can be easily encountered if this socially benefiting section is read in the right light and its essence is understood. It is imperative that a clear understanding of the section 9 is required because it is often invoked. First of all, it cannot be said that the concept of conjugal rights and that its embodiment in section 9 is foreign to the Indian culture and society. It may be borne in mind that conjugal rights. Such a right is inherent in the very institution of marriage itself. [12] The only thing is new is the embodiment of this concept which has been prevailing since antiquity. The prime objective of section 9 is to preserve the marriage. [13] According to the Hindu Marriage Act marriage is a civil contract and a religious ceremony. [14] It is a contract of the greatest importance in civil institutions, and it is charged with a vast variety of rights and obligation,[15] cohabitation being one of them. It is the very soul of marriage and this section enforces the right of cohabitation. If there is no reasonable ground for living apart, the court orders for cohabitation and enforces the Contract there is nothing wrong as the parties had voluntarily stipulated this at the time of entering into the marriage bond. [16]Section 9, in actuality, is a means of saving the marriage, it is in a sense an extension of sub-sections (2) and (3) of section 23 of the Act which encourage reconciliation by the court. It is the policy of the Act that the parties should live together and assist in the maintenance of marriages. [17] By enforcing cohabitation, the court is serving this purpose of the Act. Further, it is criticized on the ground that it allows the withdrawing spouse to take an advantage of his own wrong, which is against the scheme of section 23 and allows him/her to apply for a decree in case of non consummation of the marriage within one year of passing of decree. However in  Dharmendra Kumar v. Usha Kumari,[18] the Hon’ble Court clearly stated that The expression â€Å"in order to be a  Ã¢â‚¬Ëœwrong†Ã‚  within the meaning of section 23(1) (a) the conduct alleged has to be something more than mere disinclination to agree to an offer of reunion, it must be misconduct serious enough to justify denial of the relief to which the husband or the wife is otherwise entitled to. [19]It is also often claimed to be gender discriminatory and violative of Article 14. T. Sareetha case[20] confirmed this view. It is obvious that the judge considered the entire question of restitution from the point of view of the woman. It seems that it has been overlooked that restitution of conjugal rights can also be claimed by the wife. It is relevant to state that the section is gender neutral as by the Amending Act 44 of 1964 either party to a marriage has been allowed to present a petition for divorce on the ground given in section 13(1-A). Even the party found guilty in restitution proceedings is entitled to petition for divorce under section 13 (1-A)(ii). There is complete equality of sexes here and equal protection of the laws. [21] Therefore this claim of abolitionist is incorrect. Section 9 is also criticized for being an instrument of forced sexual relation and hence being violative of right to privacy guaranteed under Article 21. But much contrary is its purpose. The remedy of restitution aims at cohabitation and consortium and not merely at sexual intercourse. [22] In  Halsbury’s Laws of England[23]  it is observed: (cohabitation) aces not necessarily mean serial intercourse, which the court cannot enforce, so that refusal of sexual intercourse by itself does not constitute refusal to cohabit. [24] In support of this proposition the high authority of Lord Stowell in  Forster v. Forster,[25]  Orme v. Orme, [26] and  Rowe v. Rowe[27] may be cited. One thing is clear from Lord Stowell’s decision in  Forster v. Forster[28] and Halsbury’s statement of law that the Court does not and cannot enforce sexual intercourse. In cases like T Sareetha, [29] the concept of marriage is pictured as if consists as if it consists of nothing els e except sex. Chaudhary, J. ‘s over-emphasis on sex is the fundamental fallacy in his reasoning. He seems to suggest that restitution decree has only one purpose, that is, to compel the unwilling wife to â€Å"have sex with the husband†. This view was discarded long ago in as early as 1924 Sir Henry Duke President in  Jackson v. Jackson. [30]To say that restitution decree â€Å"subject a person by the long arm of the to a positive sex act† is to take the grossest view of the marriage institution. [31]Therefore, it is fallacy to hold that the restitution of conjugal rights constituted â€Å"the starkest form of governmental invasion† of â€Å"marital privacy†. 32] Further, applying the standard that law has to be just, fair and reasonable as enunciated inManeka Gandhi,[33] section 9 said tries to bring the parties together. Whether to grant restitution decree would be just, fair and reasonable in the facts and circumstances of a given case is left to the court to be decided in its judicial discretion. What better guarantee can the law afford for the â€Å"inviolability of the body and mind† of the wife and her â€Å"marital privacy†[34] And therefore it can be safely stated that section 9 is not violative of Article 21. It also stated by critique that restitution decree serve as a stepping stone to divorce and is condemned to be a passage or passport to divorce. The reason behind the scheme of putting non consummation of marriage after one year of passing the decree of restitution of conjugal rights under section 13 of the Act is that the Indian Legislature believes that there should not be a sudden break of the marriage tie. It believes in reconciliation and that that cooling-off period is not only desirable but essential. If the marriage cannot be saved even after passing the decree of restitution it must be dissolved. A factual separation gives an easily justifiable indication of breakdown. [35] That is, under the Act it serves a double purpose. It first finds the fault and where it lies. Secondly it leads to the dissolution of the marriage, if there is no resumption of cohabitation. Further, recognizing non-consumption of marriage after 1 year of passing of Restitution Decree as a ground of divorce enables the aggrieved spouse to apply to the court for maintenance under section 25; and maintenance pendente lite may also be claimed by making out a case for the same as provided in section 24. This enables a wife, who does not desire disruption of the marriage or even judicial separation from the husband, to secure provision for her support by an order of the court under the matrimonial jurisdiction conferred on it, instead of filing a suit for maintenance under the law relating to maintenance now embodied in the Hindu Adoptions and Maintenance Act 1956. [36]People who are against the concept of restitution of conjugal rights argue that England which is the nation of origin of the concept has deleted this remedy from its legislation and India is still continuing it. The Law Commission, in their Fifty-ninth Report have- not recommended its abolition nor in their Seventy-First Report of 1978. The Commission was aware that it had been abolished in England under section 20 of the Matrimonial Proceedings Act 1970. However, it is germane to state that retaining this section all these years is not without reason. The truth is that the legislature has not accepted the breakdown theory in toto, as has been accepted in England. [37] Adding on, a recent writer[38] has suggested that â€Å"the opinion of Derrett is more realistic and that the Hindu society is not mature enough to do away with the remedy. Its abolition would be like throwing away the baby with the bath-water. â€Å"[39]It is also argued that the methodology adopted in execution of the decree as mentioned in the Code- of Civil Procedure (0-21 Rules 32 and 33) is erroneous as it provides for financial sanction in case of non fulfillment of this decree. It is to be remembered that marriage is also contractual in nature. Providing for a financial sanction in case of non fulfillment of contractual obligation is a common practice. Also that enforcement by attachment of property is provided by court where the disobedience to such a decree is willful i. e. s deliberate, in spite of the opportunities and there are no other impediments. 0 21, Rules 31 and 32 C. P. C. provide only a financial sanction to serve as an inducement by the court to effectuate restitution and serve a social purpose i. e. prevention of the break-up of the marriage. [40]Often the case of  Russel v. Russel[41] is quoted by abolitionist, however the big ger picture as to why Lord Herschell called this remedy as barbarous is not brought in light. What he said and meant was that reasonable excuse, an essential for the decree of Restitution of Conjugal Right, was not confined only to the grounds of divorce. It can as well be â€Å"something short of legal cruelty† which might constitute a reasonable excuse for refusing restitution. What was stated by him was that if the meaning of reasonable excuse was restricted to the grounds, then this remedy shall be barbarous. This is precisely what has been taken care of in India as the history of the Act would show. Section 9(2) as originally enacted provided that â€Å"Nothing shall be pleaded in answer to a petition for restitution of conjugal rights which shall not be a ground for judicial separation or for nullity of marriage or for divorce. This created considerable difficulty. The Law Commission in its Fifty-Ninth Report recommended its deletion. It is now possible for the party to plead a reasonable excuse which may not necessarily be a ground either for judicial separation or nullity or divorce. So the Act was amended and by Act No. 68 of 1976 section 9 (2) was deleted. This brought the law in conformity with the opinion of Lord H erschell. It will, therefore, appear that Lord Herschell’s expression â€Å"barbarous† was used in a different context. 42]Conclusion In summation, it may be stated that the grounds and arguments are baseless and they do not sufficiently prove that the Remedy of Restitution of Conjugal Rights is archaic, barbarous and violative of the basic Human Rights. It cannot be said that this remedy is unconstitutional. Section 9 has sufficient safeguards to prevent the marriage from being a tyranny. [43]In truth, it serves the social good purpose, by promoting reconciliation between the parties and maintenance of matrimonial. It protects the society from denigrating. And all the years that it has been enforce it has efficiently played it’s a role. References [1] Section 9 of the Hindu Marriage Act, 1955 reads as follows:- â€Å"When either the husband or the wife has without reasonable excuse withdrawn from the society of the other, the aggrieved party may apply, by a petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly†. [2] After the Marriage Laws (Amendment) Act, 1976. [3] Paras Diwan, Law of Marriage ; Divorce, 4th Ed. p. 328. [4] T. Sareetha v. T. Venkatasubbaiah, A. I. R. 1983 A. P. 356. [5] A. I. R. 1984 Del. 66. [6] A. I. R. 1984 S. C. 1562. [7] Harvinder Kaur v Harminder Singh, A. I. R. 1984 Del. 66. [8] A. I. R. 1983 A. P. 356. [9] Jaspal Singh, Law of Marriage and Divorce in India , (1983), p. 83. [10] (1897) AC 395. [11] A reference has been made to Mr. Prashanth S. J, Hindu Women And Restitution Of Conjugal Rights: Do We Need The Remedy [12] Kondal v. Ranganavaki, A. I. R. 1924 Mad. 49. [13] Harvinder Kaur v. Harmander Singh Choudhr, A. I. R. 1984 Del. 66. [14] Harvinder Kaur v. Harmander Singh Choudhr, A. I. R. 1984 Del. 66. [15] Linda v. Belisario (1795) 1 Hag. Con. 216(21) per Sir William Scott at pp. 30, 232. [16] Harvinder Kaur v. Harmander Singh Choudhr, A. I. R. 1984 Del. 66. [17] Harvinder Kaur v. Harmander Singh Choudhry, A. I. R. 1984 Del. 66. [18] A. I. R. 1977 S. C. 2218. [19] Dharmendra Kumar v. Usha Kumari, A. I. R. 1977 S. C. 2218. [20] T. Sareetha v. T. Venkatasubbaiah, A. I. R. 1983 A. P. 356. [21] Harvinder Kaur v. Harmander Singh Choudhry, A. I. R. 1984 Del. 66. [22] Harvinder Kaur v. Harmander Singh Choudhry, A. I. R. 1984 Del. 66. [23] 12th Vol. , 3rd Ed. , p. 284. 24] A reference may be made to Harvinder Kaur v. Harmander Singh Choudhry, A. I. R. 1984 Del. 66. [25] (1790) I Hag. Con. 144. [26] (1924) 2 Addf 382-162 E. R. 335 [27] (1865) 34 L. J. P. M;A 111 [28] (1790) I Hag. Con. 144. [29] A. I. R. 1983 A. P. 356. [30] (1924) Probate 19 (2). [31] Harvinder Kaur v. Harmander Singh Choudhry, A. I. R. 1984 Del. 66. [32] A reference may be made to Harvinder Kaur v. Ha rmander Singh Choudhry, A. I. R. 1984 Del. 66. [33] Mrs. Maneka Gandhi v. Union of India (UOI) and Anr, A. I. R. 1978 S. C. 597. [34] Harvinder Kaur v. Harmander Singh Choudhry, A. I. R. 1984 Del. 66. [35] Harvinder Kaur v. Harmander Singh Choudhry, A. I. R. 1984 Delhi 66. [36] S. A. Desai, Mulla Hindu Law, Vol. 2, 19th Ed. , p. 60. [37] Harvinder Kaur v. Harmander Singh Choudhry, A. I. R. 1984 Del. 66. [38] R. C. Nagpal, Modern Hindu Law, (1983), p. 110. [39] Harvinder Kaur v. Harmander Singh Choudhry, A. I. R. 1984 Del. 66. [40] Saroj Rani v. Sudharshan Kumar Chadha, A. I. R. 1984 S. C. 1562. [41] (1897) A. C. 395 (16). [42] Harvinder Kaur v. Harmander Singh Choudhry, A. I. R. 1984 Del. 66. [43] Saroj Rani v. Sudharshan Kumar Chadha, A. I. R. 1984 S. C. 1562. | | How to cite Family Law- Hindu Law, Essay examples

Tuesday, April 28, 2020

The Art Of War Withstanding Time Essay Example For Students

The Art Of War: Withstanding Time Essay History credits the Chinese General Sun Tzu (circa 500 BC) with authoring a series of essays on the subject of war. Considered to be the earliest known treatises on the subject, Sun Tzu discussed military organization, defensive and offensive strategies as well as tactical maneuvering. Of his many essays his best known work, The Art of War, continues to be a reference for modern military strategists. Sun Tzus longevity is indebted mainly to Father J. J. M. Amiot, a French Jesuit priest, who brought a translation back to Europe shortly before the French Revolution. The nucleus of Sun Tzus principles for the conduct of war are: All warfare is based on deception and The supreme art of war is to subdue the enemy without fighting. In addition to Sun Tzus later western influence, his ideas spread throughout continental Asia and eventually to Japan. The Japanese were quick to adopt Sun Tzus precepts; eventually adding a few chapters to The Art of War of their own. In the end, Sun Tzus treat ises played a significant role in later Japanese military strategies and history.Although Sun Tzus work is credited to the Spring and Autumn Period, it is interesting to note the following era was that of the Warring States. Whether or not Sun Tzus treatises are simply a product of their time or an ominous indicator is difficult to discern. What is clear, however, is the dramatic nature of his subsequential historical impact. If you know the enemy and know yourself, your victory will not stand in doubt. If you know Heaven and know Earth, you may make your victory complete, Sun Tzu said. Being one of his most famous sayings, it has urged thousands and thousands of strategists to meticulously analyze their enemies and opponents. A stratagem of timeless value, appreciated by military leaders of all times. The military thought expounded in Sun Tzus Art of War is abundant, almost touching on all aspects of ancient wars. His thirteen chapters of principles and theories on war have been pr aised by militarists around the world. But the influence of his tactics has gone far beyond the military field. Today, his military theory is appreciated by businessmen and politicians as well. Highly applicable in the business world, Sun Tzus Art of War has become a major influence on business strategy, especially in Asia. We will write a custom essay on The Art Of War: Withstanding Time specifically for you for only $16.38 $13.9/page Order now Sun Tzus Art of War is written by Sun Wu and is set in the final years of the Spring and Autumn Period, 770-476 BC It is not only the oldest Chinese military work in existence but the oldest military theory in the world. Sun Wu, also called Chang Qiao, is known to have lived at about the same time as Confucius (the founder of Confucianism) and the Buddha (the founder of Buddhism). Tzu means man and was the title for famous men in ancient China. Hence, Sun Wu became Sun Tzu. Sun Wu, who was a native of Qi, caught King Ho Lus attention with his profound knowledge on military theory. The king appointed him to train a few troops as an experiment. The experiment was conducted with women instead soldiers. The king sent him one hundred and eighty beauties from the palace. Sun Wu divided them into two companies with the kings two favorite concubines as their leaders. He gave them axes and halberds and asked them if they knew their right from their left. The women assured him that they did. T hen with the roll of a drum he gave the order Turn right!? The women burst out laughing. Sun Wu said, If the rules are not clear and the orders are not clear, the commander is to blame. He repeated the instructions a third and a fourth time. Again the beauties from the palace burst out laughing. Then Sun Wu said, If the rules are not clear and orders are not understood, the commander is to blame. But when orders are clear yet not carried out, it is the officers who are to blame. Then he executed both company leaders. The king protested. Sun Wu replied, I have been appointed commander, and a general in the field is not bound by orders from his sovereign. Again he gave the orders, this time the women turned left or right and advanced or retreated exactly as they were told. After a period of time, the troops were in fighting trim and they would go through fire or water at the command of their general. King Ho Lu, now convinced of Sun Wus skills as a commander, made him his general. Sun Wu went on to defeat the mighty kingdom of Chu and the powerful states in the north, Qi and Jin. Sun Wus fame spread through all states and even further on. Sun Tzus Art of War spread throughout Asia and became the Koran for militarists. The Japanese hold high esteem for Sun Tzu and call him the Military Sage of the East. In Japan, managers and directors (commanders) have attached great importance to the application of Sun Tzus theories to the improvement of management and corporate strategy. In the second half of the 18th century, the first French translation of Sun Tzus Art of War appeared in Paris. Since then Sun Tzus works have been studied and appreciated by economics experts, military leaders, politicians and scholars. As a matter of fact Sun Tzus theories have had great influence among the general public too, especially in China and in the Chinese communities in Southeast Asia. .ueb42678c1b76a93dad097c5e46d68e29 , .ueb42678c1b76a93dad097c5e46d68e29 .postImageUrl , .ueb42678c1b76a93dad097c5e46d68e29 .centered-text-area { min-height: 80px; position: relative; } .ueb42678c1b76a93dad097c5e46d68e29 , .ueb42678c1b76a93dad097c5e46d68e29:hover , .ueb42678c1b76a93dad097c5e46d68e29:visited , .ueb42678c1b76a93dad097c5e46d68e29:active { border:0!important; } .ueb42678c1b76a93dad097c5e46d68e29 .clearfix:after { content: ""; display: table; clear: both; } .ueb42678c1b76a93dad097c5e46d68e29 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .ueb42678c1b76a93dad097c5e46d68e29:active , .ueb42678c1b76a93dad097c5e46d68e29:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .ueb42678c1b76a93dad097c5e46d68e29 .centered-text-area { width: 100%; position: relative ; } .ueb42678c1b76a93dad097c5e46d68e29 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .ueb42678c1b76a93dad097c5e46d68e29 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .ueb42678c1b76a93dad097c5e46d68e29 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(; position: absolute; right: 0; top: 0; } .ueb42678c1b76a93dad097c5e46d68e29:hover .ctaButton { background-color: #34495E!important; } .ueb42678c1b76a93dad097c5e46d68e29 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .ueb42678c1b76a93dad097c5e46d68e29 .ueb42678c1b76a93dad097c5e46d68e29-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .ueb42678c1b76a93dad097c5e46d68e29:after { content: ""; display: block; clear: both; } READ: Philip Morris EssaySun Tzus Art of War consists of thirteen chapters or thirteen principles, each having its own unique significance. A few quotes and interpretations follow. In Laying Plans, Sun Tzu says: War is a matter of vital importance to a nation, a matter relating to life and death of the people, survival or ruin of the sovereignty. Hence it demands serious study and under no circumstances can it be neglected.? In many ways this also applies to business in our times, as bold and controversial as it may sound. Knowing economics and using it as an instrument to produce wealth is such a matter. In appraising the outcome of a war one should analyze the actual situation and compare strengths and weaknesses by calculation, with respect to 5 fundamental factors: (1) morality, (2) weather, (3) terrain, (4) commander and (5) legal system. Morality is important. Only by conforming with morality can a commander have the support of the people and a manager the support of his employees. Only when united in heart and mind states and firms can be successful and prosper. In Waging war, Sun Tzu says: In chariot fighting the chariots taken should be mingled and used in conjunction with ours. The captured soldiers should be kindly treated and kept. This is called, using the conquered foe to augments ones own strength. Treating the defeated foe with sensitivity and gaining their respect is good. This principle is apt for mergers and acquisitions. In Planning A Siege Sun Tzu says: So there are five ways of knowing who will win. Those who know when to fight and when not to fight are victorious. Those who discern when to use many or few troops are victorious Here Sun Tzu is talking about timing and effiency. This concept is of uttermost importance in war. There is no doubt that timing and effiency also are key ingredients in a successful firm of our time. In Manoeuvre Sun Tzu says: Nor can one march through a country without knowing its mountains and forests, all the dangers and difficulties of the route and marshes. Knowing the terrain is advantageous. Knowing the industry and the market is extremely advantageous. The book, which holds numerous military strategies and accounts of the law of war, has long become a treasure of military science. Now, many people have discovered that the book contains ingenious ideas about management strategies, management decisions, market competition, organizational principle and selection and employment of personnel. Reading, understanding and applying appropriate parts of the rules and principles may do well. But one should be careful in obeying it completely. For we live in the midst of change and globalization. Having basic business principles to lean back on is good, but one must also be flexible. What is certain is that having one of the worlds most credible and trusted books on warfare in the briefcase can do no harm. If there is any place in the world where the principles of Sun Tzu are frequently used in management and business strategy it must be Asia, its place of birth. In the end all tremble at weapons; all fear death. Comparing others with oneself, one should not slay, nor cause to slay.