Rebellion, The Vietnamese World Essay Example | Topics and Well Written Essays - 1250 words

Rebellion, The Vietnamese World - Essay Example This introduction led to new production strategies and expertise while getting through more conventional cinema practices and priorities. The film industry in Vietnam was considered largely a low-level base for releasing and making films at the time The Rebel was in production. The Rebel managed to meet expenses by Hollywood criteria, which made it impressive for a Vietnamese origin. By the time of release, The Rebel recorded the most costly Vietnamese production in history because of a budget ranging between 1.5 and $3 million (Dirlik 352). The Rebel turned into the highest grossing film in Vietnam’s film industry, which shows that the immense investment had an equally large return. Irrespective of the high grossing numbers, box office figures from Vietnam remained patterned. A patterned audience from the country only supports the notion of Vietnam’s low-level film industry in contrast to other Southeast Asia countries (Narkunas 153). In spite of a low-level filming base in Vietnam, the film industry has knowledgeable and talented engineers. These engineers operate in a cost-effective base and expanding the local audience with more disposable salaries that make film production in Vietnam alluring. The Rebel is probably the first Vietnamese film involving martial arts of its nature. Production companies such as the Weinstein Company could have found it nearly impossible to pull off a martial arts theater without the help of talented technicians (Li 74). Even though The Rebel is not an A-list Hollywood production, the contribution of a low-cost film base and a knowledgeable production team led to the selection of talented actors. Vietnam’s film industry is popular for such contributions along with planning time that allow for composition and rehearsals that were necessary for the martial arts sequences present in The Rebel (Narkunas 152). Vietnam’s film industry is popular for releasing works with a comic perception of women, reproduction, and

John Locke -Philosophy Essay Essay Example for Free

John Locke -Philosophy Essay Essay â€Å"The end of law is not to abolish or restrain, but to preserve and enlarge freedom. For in all the states of created beings capable of law, where there is no law, there is no freedom† – John Locke. What I feel that John Locke is attempting to express in his quote is that society believes that by having laws in place the government is taking away from the freedom they long to endure. However, by having laws in place it actually helps to enforce their rights to freedom. I chose John Locke as my topic for my final paper because I have taken an interest in the life he led, his inspirations and his role in politics. John Locke was the first of the classical British empiricists. Empiricists believed that all knowledge derives from experience. He became highly influential to the political world, inspiring government representatives such as Thomas Jefferson, Thomas Paine and James Madison. Locke expressed the radical view that government is morally obliged to serve people by protecting life, liberty and property (n. a, n. d). He explained the principle of checks and balances in order to limit the power of government. He also favored representative government and rule of law. Locke insisted that when government violates individual rights, the people have a right to rebel. His views on individual rights, life, happiness and politics led Locke to become known as the 17th century English Philosopher of the enlightenment. John Locke was born August 29, 1632, in Somerset, England. He was the oldest son of Agnes Keene and John Locke. His father was a Puritan lawyer who served as a clerk for justices of the peace (n. a. , n. d). With the assistance of his father’s connections to the English government, Locke received an exceptional education. In 1647 he enrolled at Westminster School in London, where he earned his distinct honor of being named a King’s Scholar. This was a privilege that went to only select number of boys and set the path for Locke to attend Christ Church, Oxford in 1652 (n. a. , n. d). Christ Church is considered the most prestigious school in Oxford. During this educational time period, Locke engaged in logic and metaphysics. He graduated from Christ Church in 1656 and returned two years later to pursue a Masters of the Arts. This accomplishment soon led to Locke taking on tutorial work at the college. In 1668 Locke was elected a fellow of the Royal Society. The Royal Society is a fellowship of the world’s most eminent scientist and is the oldest scientific academy in continuous existence (n. a. ,n. d. ). Locke then went on to study philosophy and medicine at the University of Oxford and graduated in 1674 with a bachelor’s of medicine. Locke did not want to commit his life to a religious order and therefore turned down a permanent teaching position from Oxford. This opened the doors to an opportunity serving as a private physician and secretary to Anthony Ashley Cooper, the Earl of Shaftesbury (Kermerling, 2011). During the summer of 1666, Anthony Ashley Cooper visited Oxford where he met Locke who was at the time studying medicine. Cooper, who was suffering from a liver cyst which threatened to become swollen and infected, requested that Locke be his personal physician. Locke accepted and soon moved into a room at the Cooper’s Exeter House mansion in Westminster, London. Cooper’s condition worsened and Locke was in a position of opportunity to heal the Earl successfully. In 1668, Locke supervised a successfully surgery and save the life of Anthony Ashley Cooper, the Earl of Shaftesbury. This honorable act led Locke to become a valued partner of Shaftesbury. After Shaftesbury stature grew, so did Locke’s responsibilities. He assisted in the Earl’s business and political matters and after Shaftsbury was made chancellor, Locke became his secretary of presentations. Locke was involved in just about everything that Shaftsbury did. This included the formation of the Whig party. The Whig party was a political group which consisted of politicians from America, England and Scotland who opposed King Charles I of England. Locke maintained correspondence with the party to assist with influencing Parliamentary elections. Shaftsbury was imprisoned for a year and on his release he helped pass the Habeas Corpus Act in 1679 which made it unlawful for government to detain a person without filing formal charges. The act also specified that an individual could not be put on trial for the same charge more than once (n. a. ,n. d). Shaftesbury was a strong influence to John Locke and helped pave his way for future success through experience – Empiricist. During the reign of King Charles II it was illegal to write, read or have books in one’s possession that pertained to any negative press against the government. Although it was risky, Locke continued his mission. He wrote about his experience with political actions. One treatise attached a claim that the Bible sanctioned tyrants and that parents had absolute authority over children. A second treatise presented an epic case for liberty and the right of people to rebel against tyrants. He pushed to a radical conclusion which attacked slavery and a defense of revolution (n. a. , n. d. ). Locke fled to Rotterdam on September 7, 1683 to avoid legal action (n. a. , n. d. ). The English government tried to have Locke extradited for trial and possible hanging. Lock fled to London and assumed the name â€Å"Dr. van der Linden. † He signed letters as â€Å"Lamy† or â€Å"Dr. Lynne† (n. a. ,n. d. ). Locke assumed that the government would intercept mail, so he protected friends by referring to them with numbers or false names. His excuse to friends for moving to Holland was that he enjoyed the local beer. In Holland, Locke began to work on his philosophical masterpiece, An Essay Concerning Human Understanding which urged people to base their convictions on observation and reason. His argument was that all ideas, simple or complex, are ultimately derived from experience. He challenged the traditional doctrine that learning consisted entirely of reading ancient texts and absorbing religious dogmas (n.a. , n. d. ). He maintained that understanding that the world required observation. The essay was published in December 1689, and established Locke as England’s leading philosopher. In the essay, Locke states the nature of his proposed doctrine: â€Å"Let us then suppose the mind to be, as we say, white paper, void of all characters, without any ideas: How comes it to be furnished? Whenced comes it by that vast store which the busy and boundless fancy of man has painted on it with almost endless variety? Whence has it all the materials of reason and knowledge? To this I answer, in one word, from experience. In that all our knowledge is founded. (Valasquez, 2011)† The book became one of the most widely reprinted and influential works on philosophy. It brought great fame for Locke. So much, that he spent the rest of his life responding to admirers and critics by making revisions in later editions of the book, including detailed accounts of human volition and moral freedom. Locke also published Two Treatise of Civil Government. These writings were published anonymously in order to avoid controversy. The First Treatise is a detailed rejection of the monarchist theories of Robert Filmer. Locke attacked Filmer’s claim that God sanctioned the absolute power of kings. During this time period, such an attack was risky since it could easily be prosecuted as an attack on the King Charles II. The Second Treatise of Government offers a systematic account of the foundations of political obligation. The views expressed within this treatise were so radical that he only released his name as publisher in his will. Locke’s writings did much to inspire the libertarian ideals of the American Revolution. This, in turn, set an example which inspired people throughout Europe, Latin America and Asia. Locke’s philosophy had a great effect on American’s as well. Thomas Jefferson ranked Locke as the most important thinkers on liberty. He also helped inspire Thomas Paine’s radical ideas about revolution. James Madison drew most of his fundamental principles of liberty and government from Locke’s writings. John Locke’s writings were also included in the self-education of Benjamin Franklin. John Adam’s believed that both girls and boys should learn about Locke. Locke’s influence even traveled to France where the French philosopher Voltaire called, â€Å"Locke the man of the greatest wisdom. What he has not seen clearly, I despair of ever seeing† (n. a. , n. d. ). Mathematician and physicist Isaac Newton cherished his company. Locke helped William Penn restore his good name when he was political fugitive, just as Penn had arranged a pardon for Locke when he had been a political fugitive. Locke was described by the famous English physician Dr. Thomas Sydenham as â€Å"a man whom, in the acuteness of his intellect, in the steadiness of his judgment, in the simplicity, that is, in the excellence of his manners, I confidently declare to have, amongst the men of our time, few equals and no superiors.(n. a. , n. d. ). It is astonishing that Locke’s work has affected so many people around the world. He was an undistinguished Oxford scholar. He had a brief experience with a failed diplomatic mission. He was a physician who lacked traditional credentials and had only one patient. His first major work was not published until the age of 57. All of this and he is still one of the leading philosophers of all time. In 1691, John Locke is invited to spend his last years with friends Francis and Damaris Masham. Damaris is also a philosopher and is believed to have been romantically involved with Locke during their study years at Oxford. When Locke left for Holland, Damaris was to visit; however it did not work out and she married Francis Masham (Uzgalis, 2012). During his stay with the Masham’s Locke tutored their son Francis, here he begins to work on his treaties Thoughts Concerning Education. Locke’s health gradually began to worsen. He lost most of his hearing and his legs began to swell. He could barely bring himself to rise from bed. Around 3:00 in the afternoon, Saturday, October 28, 1704 he passed away (n. a, n. d. ). He was sitting in his study with Lady Marsham. Suddenly, he brought his hands to his face, shut his eyes and died. He was 72 years old. Locke’s focus has primarily been based upon the ideas of freedom and equality as a whole. He believed that citizens should naturally possess the right to life, liberty and happiness, which is portrayed in the constitution of the United States. These undisputable rights or natural rights have derived from the law of nature. The law of nature is a state that relies purely on the law of God, which is also known as moral law. This law gave people the natural right to life, liberty, and happiness without question. In addition, Locke believed that people also possess the basic right of self-defense if under attack. However, Locke’s key aspect of his theories was the basic idea of equality. He said that nobody has the right to rule and that consent is critical because it’s based on the premises that all people are equal (Uzgalis, 2012). John Locke is still very much known as a political philosopher in today’s modern society. Because much of Locke’s philosophy centered on subjects such as natural rights and knowledge, he has in-turn shaped American politics in such a way that it has never been the same. Locke has challenged many theories that have to do with inalienable rights as a part of natural law; therefore he had much to do with the involvement in the evolution of the American Government. He taught that, men by nature possess certain rights. He had a tremendous influence on all future political thinking. A clear representation of his involvement is portrayed in the declaration of independence. John Locke was, and will always be remembered as a pioneer in modern thinking.

History Of Crime And Punishment

History Of Crime And Punishment Crime is defined as an act that the law makes punishable and is often called an offense. It is an offense against the public, as compared to a tort, which is a wrongdoing against an individual and gives rise to an action for damages. Crimes produce two kinds of injuries: Social and Personal. Social injury pertains to the State and it is repaired through the imposition of penalty prescribed by law, and Personal injury pertains to the offended party and it is repaired by indemnification which is civil in nature. It is precisely because of these deleterious effects that the State is empowered to make penal laws and compel its people to follow them in order to maintain peace. Crime has been in existence for a long time, although it was not called as such. In the Bible, Adam and Eve disobeyed the Lord by eating the fruit of the tree of knowledge despite an express prohibition to do so. Some may regard what they did as a crime, although against a different being. Biblical passages found in the first five books of the bible, collectively called Torah, have referred to the principle of an eye for an eye as basis of the imposition of penalty. The earliest codified set of crimes or offenses with corresponding punishment was the Code of Ur-Nammu dating back in 2050 BC. It was written in the Sumerian language and contained a list of prohibited acts with their corresponding penalty if violated. The Code had provisions on dismissal based on corruption, protection of the poor, and significantly, a system of punishment wherein the punishment for the crime committed is fair. Its name, Ur-Nammus Code, is actually a misnomer, because historians are of the opinion that his son, Shugli, is the actual author of the Code. In 1700 BC the Babylonian King, Hammurabi developed a code of laws with the principle, lex talionis (which literally means the law of retaliation), which was called the Hammurabis Code. This principle enshrined in ancient law, simply means that the offended party may return the same offending action to the origin of such act. For instance a person from one tribe kills a member of another tribe; the law allows the imposition of the same and equal penalty to the offending party, which means the offender shall be put to death. Lex talionis embodies the principle of exact retaliation. The penalty for the violation of the code was cruel, barbaric and inhumane. Theft was punished by cutting off a finger or the hand. The tongue was cut off if a person commits defamation. The judiciary is headed by a single person or a group of persons deciding on a case, not on merit or law, but on the basis of customs and tradition. In some cases, an accused was made to dive in the River Euphrates to find out if he is innocent or not. If the offender floats, it means he is innocent, therefore, he keeps his house and the accuser is put to death. However, if he drowns, it means that he is guilty and the accuser gets his house. In Ancient Greece, the penal law is described as being draconian, derived from Draco, the first Greek legislator. Laws were singled out as being merciless. Capital punishment or death was imposed for crimes, even for minor offenses. Ancient Rome had offered a more systematic system than Ancient Greece. However, the basis of penalty remained to be retribution and it was made incumbent upon the victims family to serve such punishment. Philippine Setting A system of government was already in place before the Spaniard conquered the Philippines in 1565. It was called barangay which came from the Malay word balangay which in turn meant boat. Why it was named as such is not clear, however, some historians opine that: It may be inferred that the seafaring Filipinos, to give name to their nostalgic memories as they sailed in the high seas towards the Philippine archipelago, named their villages after boats which brought them safely across the seas until they reached the Philippine Islands. The Datu was the head of the barangay. If the community was bigger, their leaders were called Rajahs. The Datu exercised Executive, Legislative and Judicial powers. Like today, both Oral and Written Laws existed. Historians had generally agreed, that the first codified set of laws in the Philippines is the Code of Kalantiyaw dating back from 1433, written by Datu Kalantiyaw. Instead of the word law, it consisted of the following orders: First Order. Ye shall not kill; neither shall ye do harm to the aged; lest ye incur the danger of death. All those who disobey shall be condemned to death by being drowned in the river or placed in boiling water. Second Order: Ye shall obey; let all your debts with the chief be met punctually. He who does not obey shall receive for the first one hundred lashes. If the debt is large, he shall be condemned to thrust his hand in thrice into boiling water. For the second time, he shall be condemned to be beaten to death. Third Order. Ye shall obey; let no one have women that are very young nor more than he can support; nor be given to excessive lust. He who shall not follow this order shall be condemned to swim for three hours for the first time, and for the second time, he shall be lacerated with thorns. Fourth Order. Observe and obey; let no one disturb the quiet of the graves. When passing by the caves and trees where they are, give respect to them. He who does not observe this shall be killed by ants, or beaten to death with thorns. Fifth Order. You shall obey; he who exchanges for food, let it be always done in accordance with his word. He who does not comply, shall be beaten for one hour, he who repeats the offense shall be exposed for one day among ants. Sixth Order. You shall be obliged to revere sights that are held in respect, such as those of trees of recognized worth and other sights. He who fails to comply shall pay with one months work in gold or in honey. Seventh Order. These shall be put to death; he who kills trees of venerable appearance; who shoot arrows at night at old men and women; he who enters the houses of the headmen without permission; he who kills a shark or a streaked cayman. Eighth Order. Slavery for a doam (a certain period of time) shall be suffered by those who steal away the women of the headmen; by him who keep ill-tempered dogs that bite the headmen; by him who burns the fields of another. Ninth Order. All these shall be beaten for two days: who sing while traveling by night; kill the Manaul; tear the documents belonging to the headmen; are malicious liars; or who mock the dead. Tenth Order. It is decreed an obligation; that every mother teach secretly to her daughters matters pertaining to lust and prepare them for womanhood; let not men be cruel nor punish their women when they catch them in the act of adultery. Whoever shall disobey shall be killed by being cut to pieces and thrown to the caymans. Eleventh Order. These shall be burned: who by their strength or cunning have mocked at and escaped punishment or who have killed young boys; or try to steal away the women of the elders. Twelfth Order. These shall be drowned: all who interfere with their superiors, or their owners or masters; all those who abuse themselves through their lust; those who destroy their anitos (religious icons) by breaking them or throwing them down. Thirteenth Order. All these shall be exposed to ants for half a day: who kill black cats during a new moon; or steal anything from the chiefs or agorangs, however small the object may be. Fourteenth Order. These shall be made slave for life: who have beautiful daughters and deny them to the sons of chiefs, and with bad faith hide them away. Fifteenth Order. Concerning beliefs and traditions; these shall be beaten: who eat the diseased flesh of beasts which they hold in respect, or the herb which they consider good, who wound or kill the young of theManaul, or the white monkey. Sixteenth Order. The fingers shall be cut-off: of all those who break anitos of wood and clay in their alangans and temples; of those who destroy the daggers of the catalonans(priest/priestess), or break the drinking jars of the latter. Seventeenth Order. These shall be killed: who profane sites where anitos are kept, and sites where are buried the sacred things of their diwatas and headmen. He who performs his necessities in those places shall be burned. Eighteenth Order. Those who do not cause these rules to be obeyed: if they are headmen, they shall be put to death by being stoned and crushed; and if they are agorangs they shall be placed in rivers to be eaten by sharks and caymans. 1433. Despite Historians belief that the Kalantiyaw was the first codified set of laws in the Philippines, in 1968, William Henry Scott, proved that it was a forgery actually made in the 20th Century. However, such fact notwithstanding, there is a consensus among them that the ancient penal laws were similar to what was allegedly written by Kalantiyaw, if not the same, cruel, inhumane and barbaric. Penalty was disproportionate to the crime committed. Disputes, whether criminal or civil, were settled either by the head of the barangay, the council of elders or through arbitration. The ancient principle of lex talionis, which had a very narrow definition of, an eye for an eye, was very much alive in the early history of the Philippines, very much like in the other parts of the world at that time. Being a colony of Spain for more than three hundred years, the laws of the Philippines are combination of common and civil laws, which were a product of the lengthy period within which the country was under the Spanish regime. Political and commercial laws follow a common law direction, and, civil and criminal laws, follow the civil law. Although long before the Spaniards came, the Philippines had a judiciary, headed by the datu, it was the conquerors who gave as an organized system. The Royal Audencia was established to function as the Supreme Court during the Spanish Colonization of the Philippines, which had the power to settle controversies, and to check the abuses of the Governor General in the Philippines. On the side of the law, the Spanish Codigo Penal was extended to the Philippines by virtue of Royal Decree of 1870. This was eventually replaced with the Spanish Penal Code of 1848, by the Comision Codificadora de las Provincias de Ultramar, which was put in place by Spanish authorities, and took effect in the Philippines in July 14, 1876. The Spanish Penal Code contained two important innovations, which our old penal system did not have: incarceration, as a form of punishment, and parole, as a form of reward for good behaviour while incarcerated. Incarceration or imprisonment is the most relevant innovation that the Spanish colonizers introduced in our penal system. It was used to detain a person under suspicion of committing a crime, and to punish, incapacitate the offender, deter from committing an offense or rehabilitate him, upon conviction. Incarceration replaced the barbaric and inhumane penalties of olden times. The capital punishment, however, remained in the penal system, but was reserved for the most gruesome crimes, such as murder. The Spanish Penal Code remained in effect during the American colonization of the Philippines. However, seeing the need for penal law change, authorities formed a Committee on Revision, the primary function of which was to revise the Penal Code put in place by the Spaniards. The 1927 Commission on Revision headed by Anacleto Diaz, Quintin PAredes, Guilermo Guevara, Alex Reyes and Mariano de Joya, as members. The Committee based the revised code on the Spanish Penal Code of 1848. On December 8, 1930, Act No. 3815 or the Revised Penal Code of the Philippines took effect; however, it did not undergo important change of orientation or structure. The Revised Penal Code remain in effect today, with substantially the same list of crimes and same fines, as the Spanish Penal Code of 1870. Punishment Punishment is an allowed and a desired form of social control, provided that it complies with the basic limitations provided for by municipal laws and relevant international laws. It is allowed to be imposed to preserve social order, which represents that state of peace and tranquillity, where individuals and groups are in keeping with the overall scheme, lending predictability to social institutions. More, importantly punishment is imposed to achieve justice. Ancient civilizations have based their concept of justice, primarily, on vengeance, retribution, and compensation. Punishment must be equal to the offense committed, such that if a person kills another, he shall be put to death as punishment for his crime. Punishment is imposed for various reasons, such as: to avenge the wrong doing against the offender, to instil fear in penalty if an offense is committed, to incapacitate the offender by keeping him detained so that he will not do any more crimes and, lastly, to reform the offender by individualizing his penalty which will, hopefully, lead to rehabilitation. These are the four philosophies of Punishment: Retribution, Deterrence, Incapacitation and Rehabilitation, respectively. In most parts of the world, retribution is the primary justification in imposing penalties. However, with the increasing respect for human dignity, restorative justice is gaining speed. Following the Enlightenment period, the value of human dignity surfaced. Immanuel Kant had said that not everything must be determined by value, dignity he says is the absolute inner value. The rising importance and awareness of human dignity resulted in the reduction of severe punishment infliction and paved way for the more modern systems of punishment such as incarceration and payment of fines for most minor offenses. The new millennium brought about divergent views on criminology. German philosopher Frederick Nietzsche in his book, The Birth of Tragedy, said, Mans highest good must be bought with a crime and paid for by the flood of grief and suffering which the offended divinities visit upon the human race in its noble ambition. Following the rise of criminology, many different views on punishment and its bases arose. In the 20th century, French philosopher and historian, Michel Foucault in his book, Discipline and Punish, made a study of criminalization or punishment as a coercive method of state control. He said that there are two types of punishment: Monarchical and Disciplinary. He said in his work that the purpose of penalty was an indefinite one, the problematization of the criminal behind his crime, the concern with a punishment that is a correction, a therapy, a normalization, the division of the act of judgement between various authorities that are supposed to measure, assess, diagnose, cure, transform individuals. According to Focault, this more modern concept of penalty being a form of correction is one of the bases of penalty. In modern times, punishment is said to be imposed for the purposes of: Retribution, Deterrence, Incapacitation and Rehabilitation. Retribution has gone a long from its ancient and very narrow definition of an eye for an eye. Such principle had since then evolved to mean, proportionality of the penalty to the gravity of the offense committed. The imposition of punishment is also seen as a deterrence in committing crimes. It is believed that by imposing a penalty for a wrongdoing, other people will not be committing crimes because of fear of having to suffer punishment. Incapacitation, on the other hand, means lessening the likelihood of the offender perpetrating an offense so you commit him in an institution. Lastly, rehabilitation is said to be one of the rationale behind the imposition of penalty. By rehabilitation it is meant that punishment must be used as an opportunity to make some positive change in the offender. Amongst the four philosophies behind the imposition of punishment, retribution is the most common justification in the imposition of penalty. Majority of the countries in the world adhere, primarily, to retributive justice, such as the Philippines, wherein retributive justice is the norm. However, due to increasing concern for human dignity, restorative justice is gaining popularity. In fact the present Constitution recognizes the need to preserve human dignity, thus: Section 11. The State values the dignity of every human person and guarantees full respect for human rights. The Philippines has, likewise, adhered to such principle, imminent from its more recent legislation such as the Juvenile Justice and Welfare Act of 2006, which explicitly provided for restorative justice principle. The imposition of punishment is brought about by the mandate in the constitution which provides: Section 5. The maintenance of peace and order, the protection of life, liberty, and property, and promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy. In order to maintain peace and order within the territory, the State is empowered to make laws. However, such authority is not unbridled because the Constitution itself provides for a proscription on the imposition of cruel and unusual penalties, excessive fines and passing of an ex-post facto law. The same proscriptions are mirrored in the United Nations Universal Declaration on Human Rights, International Covenant on Civil and Political Rights, and Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, to which the Philippines adhere to. Retributive justice vis-a-vis Restorative justice Retributive justice has been the primary justification of imposing punishment in most countries. It pertains to the old adage let the punishment fit the crime made popular by Cesario Beccaria or to the more popular an eye for an eye, the dominant principle during the ancient times. Retributive Justice deals with proportionality of the crime to the penalty to be imposed upon an offender. Restorative Justice, on the other hand, deals with individualizing the penalty given to a wrongdoer, keeping in mind that something must be done for the offender in order to reform him and keep him from doing crimes and to effectively reintegrate him to society. Rehabilitation, reformation and reintegration are basic premises. The rising interest on Restorative justice is brought about by the increased valuation and respect for human dignity. The fundamental premise in a retributive paradigm is that crimes are injuries against the state, while restorative justice emphasizes that crimes are more than offenses against the state, but primarily are violations against people and relationships. In the retributive model, a determination of blame and administration of blame is involved. On the other hand, in restorative justice, the interested parties, namely the offender, offended party and the community, action, reconciliation and reassurance. In retributive system, determination about whether a crime was committed, who did it and how should he be punished are the basic questions. It focuses on the offender and the crime that was committed and the penalty that the state must impose. Similarly, restorative justice is concerned with accountability, albeit primarily to the offended party and the community, and not to the State. Statement of the Problem Between the Retributive justice principles and Restorative justice paradigm, which is better suited for the Philippines? What is more in keeping with the general welfare? Which between retributive and restorative justice effectively addresses the value of human dignity despite it being a punishment? Consequently, will the new paradigm work, if there is indeed a shift from retributive paradigm to restorative justice? II. Objectives of the Study The objective of this study is to re-examine the retributive justice theory as the primary justification of imposing penalty, in light of the constitutional obligation of the State in affording the utmost respect for human dignity and human rights. Also, this study aims to determine, by comparing their values and principles, which between Retributive Justice and Restorative Justice is a better fit, as basis of imposing penalty, in light of the constitutional provisions as well as international instruments to which the Philippines is a signatory. Lastly, to determine the effectivity of using Restorative Justice, as basis of penalty, by examining countries which have adapted its principles. III. Significance of the Study The re-examination of the philosophies of punishment embodied in our penal laws will determine whether the current legal framework complies with the changes in the relevant laws which it is dependent upon. Upon the determination of compliance or non-compliance, necessary penal law reforms may be suggested to best conform to the changes. IV. Scope and Limitations The study will focus only on Retributive and Restorative Justice principles, concerning criminal matters only. The study will focus on the 1987 Constitution, specifically the provisions on the duty of the state to maintain peace and order, respect human dignity and proscription on cruel and unusual penalties and excessive an only and several fines, applicable penal laws , such as: the Revised Penal Code, the Death Penalty Law, Indeterminate Sentence Law, Probation Law and Juvenile Justice and Welfare Act, respectively. The study will make use of Supreme Court decisions, pronouncements which have touch upon Retributive and Restorative principles. To better understand the development of Retributive and Restorative justice, the use of foreign materials, American jurisprudence and International laws shall be extensively used. Non-legal books and other reference materials were utilized. V. Methodology/Organization of Thesis The proponent primarily used the library in the Ateneo Professional Schools, the Rizal Library in the Loyola Schools, as well as that of the Miguel de Benavides Library of the University of Santo Tomas in Manila. Materials from the Internet were also used, as well as Academic Papers, Journals and legislative documents or papers. Interview with a reputable authority in Criminal law was also conducted. This thesis shall be organized by chapters. The first chapter shall be the introductory chapter, which contains the background, objectives and significance of the study, the scope and limitations, and the methodology or the organization of the thesis. The background provides a brief discussion of the factual milieu of the study, which is done by providing a historical background and the current state of things. The objectives and significance will catalogue what the proponent seeks to achieve and what impact it will bring to the society. The limitations will set forth the constraints and applicability of the study. The second chapter is fully devoted to the purpose, scope, limitations, and sources of Criminal Law in the Philippines. A discussion of crime, punishment and the Revised Penal Code was also done. The third chapter contains an in depth discussion of the Retributive Justice Paradigm. The fourth chapter contains an examination of the Restorative Justice Philosophy. The fifth chapter contains the analysis of the author, after taking into consideration the relevant laws, international instruments and other material documents. Finally, chapter six contains the authors conclusion and recommendation. VI. Definition of Terms As found in the study, the following shall mean: a. Code: when used in a sentence shall pertain to the Revised Penal Code. b. Crime: for the purposes of the discussion, crimes shall be used synonymously with felony or offense. c. Felony: for the purposes of the discussion, felonies shall be used synonymously with offense or crime. d. Law: when used in a sentence, it shall pertain to the Revised Penal Code. e. Offense: for the purposes of the discussion, offenses shall be used synonymously with felony or crime.

Marketing Final Exam :: brand image for country

Q1. Asian nations are beginning to brand themselves. Considering the country you researched this semester, propose a strategy to create a brand image for the particular country. Based on your knowledge about the country, what might be the biggest three challenges of executing your strategy and how might they be addressed? Brand Image: Sri Lanka – The Southern Asian Dynamic This brand image for Sri Lanka would be an accurate depiction because of the increase in change the country is always experiencing. Sri Lanka has plans in place for future national development to help better the country, with the help and use of humanitarian support from ally countries. Their national development plan also includes Sri Lanka is also known for their quality in exported goods. The quality of goods exported from Sri Lanka tends to be of a higher quality. Above all, Sri Lanka has a great human development rate, which means that the labor force has the potential to be powerful. A strategy I would use to create this brand image would be to promote and advertise the quality of the goods produced in their home country. Promotion for planned national development would also be carried out. The advertising and promotions would take place to target countries that would benefit from importing goods from Sri Lanka. The brands or goods that are exported promote the country and contribute to creating the desired brand. The country (its’ government) needs to promote the brands of goods being exported also. While Sri Lanka has the potential to be powerful, challenges could stand in the way of executing a marketing strategy. Building a brand for a product is not the same as building a brand for a country. A country would need to leverage all of their unique and positive qualities in order to be able to successfully promote themselves the way they plan to. If the government places strict laws on exporting goods, this could hurt the marketing strategy of promoting the country as a brand as well. Another challenge would be that the political violence in Sri Lanka could hurt the creation of the brand image. Countries who would like to import goods from Sri Lanka may see the political violence as an issue that they would prefer to steer clear of. Q2. In which category of innovations do microwaves fall in India? As VP of White Appliances, how would you use the knowledge about the five characteristics of innovations to facilitate quicker diffusion of the product?

Hamlet Essay

Act 1- Scene 1 The first entrance of the ghost is made impressive because Marcellus and Bernardo only told Horatio about them seeing the ghost in the two nights before during their watch. Horatio did not believe them â€Å"Horatio says ‘tis but our fantasy and will not let belief take hold of him touching this sight twice seen of us;† (1.1.23-25) What makes the siting of the ghost so important is that the two guard believe it to be the ghost of the dead King Hamlet. When the ghost appears and Horatio asks it to speak the ghost suddenly disappears. In its second exit the ghost returns and again they ask it to speak but as it spreads its arms the cockcrows and the ghost disappears yet again not saying anything. A superstition that is connected with the ghost is that the guards believe that it is the ghost of the dead King that is trying to warn them of some impending misfortune for Denmark. Act 1 – Scene 2 The new King Claudius attempts to justify his marriage to the Queen by giving a speech to his courtiers, explaining his recent marriage to Queen, his brother’s widow and the mother of Prince Hamlet. Claudius says that he mourns his brother but has chosen to balance Denmark’s mourning with the delight of his marriage. â€Å"With mirth in funeral, and dirge in marriage, in equal scale weighing delight and dole, taken to wife.† (1.2.12-14) In his soliloquy Hamlet expresses that he wishes he could die. He wishes that God had not made suicide a sin. He is also thinking about how it is possible for his mother to have move on after two short month that his father has been gone. When the line â€Å"Frailty, thy name is woman† (1.3.146) is spoken he is referring of his mother because just two months ago his father and her husband died and now she has just moved on to his fathers brother because she is weak and will not make it on her own or w ithout a husband and he finds that shaming. Act 1- Scene 3 1.Laertes believes that Hamlets relationship with Ophelia is not true, because someone of his ranking can not love someone like Ophelia because he is too far above her to love her honourably. Since Hamlet is not only responsible for his feelings but also the role that he will one day play as King Laertes believe that it will be impossible for Hamlet to ever marry Ophelia. Before he leaves he tell her to make sure she does not fall in love with him. â€Å"Fear it, Ophelia, fear it, my dear sister, and keep you in the rear of your affections, out of the shot and danger of desire† (1.3.33-35) 2.Polonius has the same opinion of Laertes, and forbids Ophelia to associate with Hamlet anymore. He tells her that Hamlet has deceived her in swearing his love, and that she should see through his false vows â€Å"Affection pooh! You speak like a green girl, unsifted in such perilous circumstances. Do you believe his tenders, as you call them?† (1.3.101-03) Act 1- Scene 4 †¢Horatio, Marcellus, and Hamlet are keeping watch outside the class, while Hamlet tells the two men that the King has been spending his night drinking alcohol and how he believe that he is tarnishing the Danish people. †¢The ghost appears and calls out to Hamlet to follow him. †¢Even though Horatio and Marcellus tell him not to go and consider that the ghost could harm him Hamlet decides to follow the ghost anyways †¢Hamlet does not care if his life is in danger and follow the ghost off into the darkness †¢Horatio believes that Hamlet is now in the hands of God but Marcellus thinks that they should follow Hamlet and try to protect him, so the two set off after Hamlet and the ghost Act 1- Scene 5 In this scene King Hamlet reveals to his son that his death was cause by foul play and it was a murder. â€Å"Murder most foul, as in the best it is, but this most foul, strange and unnatural.† (1.5.27-28) The King then tells Hamlet that is was his very own brother that killed him. Now Hamlet, hear. Tis given out that, sleeping in my orchard, a serpent stung me. So the whole ear of Denmark is by a forged process of my death rankly abused. But know, thou noble youth, the serpent that did sting thy father’s life now wears his crown. (1.5.34-39 The ghost of the King tells Hamlet to â€Å"leave her to heaven† (1.5.86) which means he does not want Hamlet to do anything to his mother because the King realizes that she has been tainted by Claudius.

All Is Fair in Love and War †Paper Essay

Love and war are two contrasting forces; the former involves care and personal attachment while the latter involves brute force and destruction. They are also very similar in the sense that success in love and war can lead to the creation of happiness, relationship, devotion, liberty and freedom etc. all of which can shape a persons or societies lifestyle. However, because of such tempting and important factors, in both love and war people can become so much focused and obsessed in their cause that they forget about their moral values and may even engage in malpractice to achieve their goals. Although such means can sometimes help them achieve their goals, I think these are not at all justified as they lead to the benefit of one at the loss of another, that is, they lead to selfless biasness, and according to Sen & Mitra (1956) can hinder the overall peace and progress of a society. As such, I disagree with the notion made by John Lyly in his book ‘Euphues’ (1578) that à ¢â‚¬Å"all is fair in love and war†. Justification of my claim can be proved by illustrating the criticisms of an ethical framework known as Machiavellianism. This concept is similar to the notion of John Lyly because it states that â€Å"ends justify means†. According to this concept, people can use any means, no matter they are bad or immoral as long as it helps them accomplish their goal (which in this case is achieving success in love or war) by using them. I think such a proverb is very much illogical. If we approve this, it would mean that even use of unfair means to achieve goals is justified under the circumstances similar to love and war. To illustrate for instance, in love this would mean the use of cheating, blackmailing, betrayal, stalking, and infighting. Similarly, in war it would also involve cheating, torture, kidnapping, bribery, fraud etc. All of these are illegal acts and as Richman (2012) points out, involves a cost, or more precisely a victim of the action. Performers of such action merely treat the victims as less than human and as mere means to their ends. Their only justification for their action being that the benefits achieved are incommensurable. However, in doing so they forget the fact that such malpractices are all against the law which are made to secure order and stability in the society. Thus, in this context supporting John Lyly’s claim would mean supporting illegal activities, instability and anarchy all of which would make human beings no less than animals. Therefore, these criticisms provides adequate defense for my claim. In addition to this, observing real life examples can also proves my claim. An obvious example is the violence being inflicted on women and minors in Bangladesh. Incidences such as trafficking, abuse, acid-attacks are a common scenario in this country. According to Unicef (2005) there were 266 acid attacks reported in 2005 over a one year period, affecting 322 people1. Of these, 183 were women, 76 were children under 18, and 63 were men. Although, there were other reasons, a majority of the attacks can be directly or indirectly attributed to some sick form of â€Å"one-sided love†, where the perpetrators used threat as a means of compelling the victim to accept their proposal and upon being denied wanted their demise. Such justification of love is obviously not acceptable. Similarly, in case of war I think it seems illogical destroying hundreds of innocent lives just to kill a few enemy combatants, as in the case being undertaken in Afghanistan, Iran and other Arab countries. It is also not fair work as henchmen for enemies who are abusers of power. This is exactly what the Paramilitary force known as the â€Å"Razakars† did when they aided the Pakistan Army against the Mukti Bahini during the Bangladesh Liberation War. Their actions lead to the murder of around 300,000 to 500,000 people at that time. As such, their means of winning the war was the killing of millions of innocent people, which can never be justified. There are however, drawbacks of my claim. An example can be abortion of a baby to save a mother’s life. In such case, taking an innocent life is morally wrong, but saving the life of the women is morally right. As such, the point is, in all things there must be lines which should never be crossed, since if that happens, it would lead to destruction of order and control. But if the morally right outcome justifies the use of immoral means to achieve it, then such an action is justified. Therefore, in conclusion the notion â€Å"All is fair in love and war† is not always true. Application of ethical frameworks and examples clearly proves this, and so I firmly disagree with the idea. However, there are alternative ethical frameworks that can overcome the drawbacks this notion and my claim, one of which is Rights Theory. As Hohfeld’s (2001) points out, this theory focuses on actions based on the fundamental rights of the parties involved. It does this by setting up hierarchy of rights, where the highest order right includes rights to life, autonomy and human dignity. Second order rights involve the rights of the government, legal and civil rights. Third order rights involve the right to education, good healthcare and so on. As such, fulfillment the higher order rights take preference over the lower order rights and in this way ensuring proper justice and fairness for all. Reference Sen, K. & Mitra, J.K. (1956) Commercial Law and Industrial Law. Kolkata, The Word Press Private Ltd. Apperson, G. L. (2006) The Wordsworth dictionary of proverbs. Ware, Herts. : Wordsworth Reference Richman, S. (2012). Do Ends Justify Means? (ONLINE) Available at: http://www.fee.org/the_freeman/detail/do-ends-justify-means. (Accessed 27 January 13). Rainbolt, G. W. (2006) Rights Theory. Philosophy Compass 1, ET 003, 1–11. BBC. (2012). Bangladesh Islamist leader Ghulam Azam charged. (ONLINE) Available at: http://www.bbc.co.uk/news/world-asia-18049515. (Accessed 27 January 13) UNICEF. (2005) Women and Girls in Bangladesh. Support to the Acid Survivors Foundation and the Kishori Abhijan Project in Bangladesh. 1