Friday, December 27, 2019

The Ukraine Crisis; Changes of Elusive Grundnorm or Fundamental Rule of Recognition - Free Essay Example

Sample details Pages: 11 Words: 3224 Downloads: 8 Date added: 2017/06/26 Category Law Essay Type Analytical essay Did you like this example? Ukraine Crisis à ¢Ã¢â€š ¬Ã¢â‚¬Å" Change of Elusive Grundnorm or Fundamental Rule of Recognition Recent times is Ukraine has seen a kind of revolution, which was not seen in any part of the world since the post-World War era. In August 1991, Ukraine declared itself to be an independent state leaving USSR. 90% votes were for independence according to a referendum in December same year. Don’t waste time! Our writers will create an original "The Ukraine Crisis; Changes of Elusive Grundnorm or Fundamental Rule of Recognition" essay for you Create order In November 2004, Orange Revolution started after reports of far reaching vote-fixing in presidential race ostensibly won by pro- Russian candidate for president, Viktor Yanukovych. Opposition candidate Viktor Yushchenko leaded mass street dissents and civil disobedience. . But the Supreme Court annulled the results of the poll. Viktor Yushchenko won the re-elections. In February 2010, again Viktor Yanukovych was declared the winner in presidential election, judged free and fair by observers. His main opposition, Prime Minister Yulia Tymoshenko, was arrested for abuse of powers. She was jailed in October 2011. In 2013, Viktor Yanukovychà ¢Ã¢â€š ¬Ã¢â€ž ¢s government refused to sign an agreement for close trade ties with the European Unions. Rather gained co-operation with Russia. Later in 2013, protests take a faster form. More than 100,000 people gathered at Kiev to protest. This was the largest protest after the Orange revolution in the history of Ukraine. These protests, then took a violent turn. In early December 2013, the protestors occupied the Independence square and the Kiev City hall. More than 800,000 people gathered for the demonstration. Russian President, Vladmir Putin made an offer to President Yanukovych. Russia agreed to buy 15$ billion of the Ukrainian debt and reduce the price of gas supplies to Ukraine by one third. By the end of January, Prime Minister Mykola Azarov resigned from his post. Later parliament also annulled the anti- protest law. The parliament then passed the amnesty bill assuring to drop charges against all those people arrested in the protest if protesters agreed to leave the government buildings .But opposition rejected these conditions. The protestors but left the Kiev city hall and also the other government building they acquired in the region and the arrested protestors were released as promised. But the protest still continued to erupt. Kiev on 20th February witnessed the worst day in its history where about 100 people w ere killed and uniformed snipers were spotted shooting at the protestors. After signing a compromise deal with the opposition on 21st February, President Yanukovych disappeared. The protestors took control of the administration buildings of the Presidentà ¢Ã¢â€š ¬Ã¢â€ž ¢s office. Parliament voted to remove the president from the power in the upcoming elections. Yulia Tymoshenko was also freed from the jail soon after the president fled. But the President did appear on the television to denounce coup. Parliament elected speaker Olexander Turchynov as the acting president. Also an arrest warrant was issued for Mr Yanukovych. The interim president warned nation of the dangers of separatism which were clearly eminent in the situation. Members of the expected new government appeared before protestors, and Arseniy Yatsenyuk was named the prime minister. Pro-Russian gunmen started their attempts to take over Crimea. Unidentified uniformed gunmen appeared outside Crimean airport. These gun men were speculated to be the Russian troops. Vladamir Putinà ¢Ã¢â€š ¬Ã¢â€ž ¢s request to the parliament to use force in Ukraine with the purpose of the protecting the Russian interest was approved. Ukraine declared that Russia has officially declared war on them. In March 2014, Crimeaà ¢Ã¢â€š ¬Ã¢â€ž ¢s parliament vote to join Russia. Meanwhile Russia had denied that the troops in Crimea are Russian but are self-defence forces. United States and United Kingdom warn Russia of new measures against them, if they donà ¢Ã¢â€š ¬Ã¢â€ž ¢t withdraw their troops from Ukraine. Ukraine also requested US and UK to take all measures to prevent the Russian aggression in Ukraine. With an order from Ukraines acting President Olexander Turchynov Ukrainian troops left Crimea. But Russiaà ¢Ã¢â€š ¬Ã¢â€ž ¢s aggression still continued with troops on Ukrainian border. If considering the jurisprudential aspect of the Ukranian crisis, there occurred a revolution, an old government was overthrown and t he territories were invaded. Hans Kelsenà ¢Ã¢â€š ¬Ã¢â€ž ¢s principle of effectiveness is visibly applicable to the Ukraine crisis. According to Kelsenà ¢Ã¢â€š ¬Ã¢â€ž ¢s principle of effectiveness, an old legal order is invalid and people donà ¢Ã¢â€š ¬Ã¢â€ž ¢t follow it. This is because the old constitution and subsequently the legal order become devoid of validity and thus loose its efficacy. The protestors in Ukraine overthrew the pro-Russia government when the pro-Russian president of Ukraine Viktor Yanukovych flee away to Russia. A new interim government was formed and the re-elections aimed at overthrowing the current President. The European Union and the United States of America, recognized this new interim government and considered it legitimate. According to the principle of International law, an actual established authority is the legitimate government. The order even if coercive given by this government is a legal order. The new government thus formed in Ukraine is valid and the legal order has an efficacy. But Russia is not willing to recognize this government and considers the impeachment of President Yanukovych as illegal. Kelsen states that, a norm is valid not only because the legal order is efficacious but the norms are made in the constitutional way. Here the question, whether the government in Ukraine is constitutional or not? Russia claims that this new government is nothing but a coup, and is not a legitimate government instead President Yanukovych is still the legitimate President. If Yanukovych is still the President, then the old legal order is still valid, though not effective, as Kelsen said that effectiveness is just a condition and not a reason for validity of a norm. Kelsen states that men do not conform to an older legal order. Men here means people and thus the people no longer conform to an old legal order[i]. In the case of Ukraine, the protestors who are the people of Ukraine wanted the new government, and thus they accepted the new government, which should be enough to apply the principle of effectiveness, as the people doesnà ¢Ã¢â€š ¬Ã¢â€ž ¢t consider the old legal order as valid which is as it is ineffective with the formation of new government. Also the theory of Grundnorm led down by Kelsen is somewhat in accordance with the situation in Ukraine. A Grundnorm is the term for basic norm[ii]. A Grundnorm change is a phenomenon which overthrows the current power of governance which can only be done through a political revolution[iii]. A Grundnorm can only be changed through a political revolution. The Ukraine crisis is somewhat similar to a change of Grundnorm. The pro-Russian government which was ruling for a considerable time was overthrown by the people of Ukraine. The new Government form was considered as the existing legal order and the basic norm. The new Government was then the ground rule for Ukraine. As the new government was formed, arrest warrant was issued against President Viktor Yanukovy ch. This can be seen as a Grundnorm which is changed. No one could have arrested President Yanukovych when he was in power and he had the Grundnorm. But now, the new government can arrest him. The term Grundnorm is used to express basic norm, order, or rule that forms an underlying basis for a legal system. The new government can be considered or will give a norm for the basis of legal system. But this is highly debatable as the new government cannot be said to be formed by popular will and is supported by those people of the country who are not pro-Russia. In the case of Republic of Fiji v Prasad, the court of appeals use the basis of the à ¢Ã¢â€š ¬Ã‹Å"principle of effectivenessà ¢Ã¢â€š ¬Ã¢â€ž ¢ laid down by Kelsen. In Fiji, the government appointed by the military failed to establish that it was a legitimate and legal government. The judges quoted Kelsen stating that theory justified the seizure of power by force. The judgment also stated that a new regime having to prove that i ts rule was based on à ¢Ã¢â€š ¬Ã‹Å"popular acceptance and supportà ¢Ã¢â€š ¬Ã¢â€ž ¢ as distinct from à ¢Ã¢â€š ¬Ã‹Å"tacit submission to coercion or fear of forceà ¢Ã¢â€š ¬Ã¢â€ž ¢. The holding of elections would be à ¢Ã¢â€š ¬Ã‹Å"powerful evidence of efficacyà ¢Ã¢â€š ¬Ã¢â€ž ¢. In the case of Ukraine also the new government needed to prove popular acceptance. But this government was formed by overthrowing the previous one by the protestors. It cannot be said that the new Government in Ukraine has the popular acceptance if considering the Crimean region. The Crimean population is not in favour of this government. The Crimean population is pro-Russia and thus is against this government. Also Ukraine has not gained de facto control over Crimea, though it is because of the Russian aggression in the region. But the question of popular acceptance is limited only to the region of Crimea and thus it can be said that, what happened in Ukraine was a Grundnorm change. The new government was s uccessful revolution and will past the test laid down in the Fiji case accept when it comes to the region of Crimea where Crimea itself is expecting a Grundnorm change by wanting to join Russia. Like Kelsen, another jurist, H.L.A Hartà ¢Ã¢â€š ¬Ã¢â€ž ¢s theories can also be connected to the Ukraine crisis. The rule of recognition is a customary or, as Hart says, a social rule. It can also be said, it is a rule by virtue of being accepted by a certain group of people, viz. the legal officials. The rule of recognition can therefore be described as a conventional rule[1]. The most essential one is that inasmuch as the rule of recognition is a social rule, the Grundnorm is only a presupposition, a thought in the personalities of legitimate researchers and others. According to Hart, only customary laws existed in the time where no law existed. Customary law meant that a rule is accepted only if majority members accepted it. Even in the societies, where now the law exist, the majority should accept it. In Ukraine, the government of President Yanukovych was accepted by the people of Ukraine. But then why was a new government formed? Why did the parliament voted to impeach the President? This is because what Hart says it as normative uncertainty. There are numerous heterogeneous groups in the society which may disagree on some or the other norms of the society. For this uncertainty Hart lays down the rule of change. A rule of change confers power on a person or institution to create, modify or extinguish rules and may also specify the procedures to be used in exercising that power. Since the rule of change empowers certain persons to amend the rules, behaviour may be shifted in the desired direction through the exercise of legal authority[2]. In the case of the Ukraine crisis, the question is whether the new government so formed in Ukraine is the desired direction? And if it is the desired direction, is it derived through exercise of legal authority. The new regime formed in Ukraine was a revolution. As the rule of recognition where primary law derives its authority from secondary law, has new government derived ità ¢Ã¢â€š ¬Ã¢â€ž ¢s authority from anything? The interim government formed in Ukraine was legitimate and needed to be formed as the President fled away. The US and the EU recognized the newly formed government as being legitimate. The protestors can thus be said the group who were conflicting on the norms of the legal system and thus got it changed. A group facing a drought can, for example, deliberately change the tithing rules and hence address the dire circumstances in an expeditious manner. The new government is not accepted by the majority. Crimea voted more than 90% to join the Russian federation. Even Donetsk declared itself independent of Ukraine and wanted join Russia. Pro-Russia government was more desirable to this considerable population of the nation, thus not having popular acceptance of the new government. But this j ust not enough to decline the possibility of change of Grundnorm because there is a political revolution and the government is changed and it is only the population of Crimea and the some other parts of Ukraine which are pro-Russian are against the government but the majority part is for the government. It can be said that Crimea is another such group of the society facing normative uncertainty. Thus it can be called as a Grundnorm change. For Hart,Rule of change because, a group of the society was unable to derive authority from the previous government and thus formed a new government for their interest. It was the change of rule of recognition. Because the rule of recognition is a social rule, it is capable of being an ultimate rule[3].Its existence is derived only because of its acceptance, whereas the primary rule derive its authority from the rule of recognition. Russia insists that Viktor Yanukovych remains the President, while the government of Ukraine denies it. This mean s Russia recognizes Russia of having two legal systems, whereas the case is that it has only one legal system which is the ultimate rule of recognition[iv]. Similar is the case for the regions like Crimea who want leave Ukraine and merge with Russia. For such regions, the rule of recognition will shift from Ukraine to Russia. Ukraine will lose its power to legislate over the issues of Crimea[v]. HLA Hart also talks about the applicability of the international law. According to Hart international law is self-imposed but there are exceptions to it. The two important exceptions are formation of new state and a state acquiring territory or other changes. In such cases the state is bound by the international obligations and the rules. Considering the Ukraine crisis, Crimea either will be joining Russia or will form a separate state. In the former case Russia and in the latter case, the new state of Crimea will be bound by the obligation of international law[vi]. Also according to Kels enà ¢Ã¢â€š ¬Ã¢â€ž ¢s theory of International law, there is a coercive element involved in International law which gives a legal right to a state to punish an offending state. But Russiaà ¢Ã¢â€š ¬Ã¢â€ž ¢s armed interference in Ukraine was not supported by the international community. Russia was asked to move back its troops from the Ukrainian borders. So this wasnà ¢Ã¢â€š ¬Ã¢â€ž ¢t the legal right Russia acquired to punish Ukraine as it is question whether Ukraine is an offending state or not. It can be inferred from the current situation of Ukraine that it is more tending towards Kelsenà ¢Ã¢â€š ¬Ã¢â€ž ¢s grundnorm rather than Hartà ¢Ã¢â€š ¬Ã¢â€ž ¢s rule of recognition. But also it doesnà ¢Ã¢â€š ¬Ã¢â€ž ¢t totally negate the Hartà ¢Ã¢â€š ¬Ã¢â€ž ¢s point of view. Political revolution and a Coup are the two main elements for turning wind to the change of Grundnorm but at the same time also taking with it the elements of the change of rule of recognition. But still if I am need ed to choose only one out of the two, then I will say it is the Grundnorm change and not a change of Rule of Recognition. [1] Hart, CL II, supra note 96, p. 255. [2] YALE LAW SCHOOL, Scott J. Shapiro, Research Paper No. 181, WHAT IS THE RULE OF RECOGNITION (AND DOES IT EXIST)? , https://papers.ssrn.com/abstract#1304645 [3] YALE LAW SCHOOL, Scott J. Shapiro, Research Paper No. 181, WHAT IS THE RULE OF RECOGNITION (AND DOES IT EXIST)? , https://papers.ssrn.com/abstract#1304645 [i] If the old laws are regarded as valid it is because the new constitution has validated them expressly or tacitly (Kelsen 1967,209).The content of these norms remains unchanged but the reason for their validity changes as the old basic norm is displaced by the new. [ii] A legal norm exists because of a chain of validity that links it ultimately to the basic norm. The legal system is a system of legal norms connected to each other by their common origin, like the branches and leaves of a tree. [iii] Sometimes the basic norm of the legal order changes by means not authorised by the basic norm. This can happen in a number of different ways à ¢Ã¢â€š ¬Ã¢â‚¬Å" sometimes violently, sometimes by peaceful and consensual means. It happens when one stateconquersanotherandimposesitsownsovereignpowerovertheconquered state. The establishment of Crown sovereignty over Britainà ¢Ã¢â€š ¬Ã¢â€ž ¢s colonies subordinated local legal systems to the English law and constitution. It hap pens when a region of a country secedes from the whole and establishes its own legal order. [iv] it is possible that though in fact the legal system of the colony is now independent of its parent, the parent system may not recognize this fact. It may still be part of English law that the Westminster Parliament has retained, or can legally regain, power to legislate for the colony; and the domestic English courts may, if any cases involving a conflict between a Westminster statute and one of the local legislature comes before them, give effect to this view of the matter. In this case propositions of English law seem to conflict with fact. The law of the colony is not recognized in English courts as being what it is in fact: an independent legal system with its own local, ultimate rule of recognition. As a matter of fact there will be two legal systems, where English law will insist that there is only one But, just because one assertion is a statement of fact and the other a pro position of (English) law, the two do not logically conflict. [v] At this stage the legal system of the colony is plainly a subordinate part of a wider system char- acterized by the ultimate rule of recognition that what the Queen in Parliament enacts is law for (inter alia) the colony. At the end of the period of development we find that the ultimate rule of recognition has shifted, for the legal competence of the Westminster Parliament to legislate for the former colony is no longer recognized in its courts. It is still true that much of the constitutional structure of the former colony is to be found in the original statute of the Westminster Parliament: but this is now only an historical fact, for it no longer owes its contemporary legal status in the territory to the authority of the Westminster Parliament. [vi] The first is the case of a new state. It has never been doubted that when a new, independent state emerges into existence, as did Iraq in 1932, and Israel i n 1948, it is bound by the general obligations of inter- national law including, among others, the rules that give binding force to treaties. Here the attempt to rest the new states international obligations on a tacit or inferred con- sent seems wholly threadbare. The second case is that of a state acquiring territory or undergoing some other change, which brings with it, for the first time, the incidence of obligations under rules which previously it had no opportunity either to observe or break, and to which it had no occasion to give or withhold consent. If a state, previously without access to the sea, acquires maritime territory, it is clear that this is enough to make it subject to all the rules of international law relating to the territorial waters and the high seas. Besides these, there are more debatable cases, mainly relating to the effect on non-parties of general or multilateral treaties; but these two important exceptions are enough to justify the suspicion that the g eneral theory that all international obligation is self-imposed has been inspired by too much abstract dogma and too little respect for the facts.

Thursday, December 19, 2019

The Appropriate Expansion Path Of Mcdonalds - 1202 Words

The appropriate expansion path (a) McDonald’s is a famous fast food brand in the word which owns 35,000 outlets located in 119 different countries. In 1990, the first McDonald’s store opened in Shenzhen. But before they actually started their business, McDonald’s had already carried out 5 years business research and all sorts of information gathering such as the income level of the Chinese people, the kind of foods they enjoy etc (Han, J. 2008). For product perspective, McDonald’s create a standardized set of products that taste similar no matter in United State or in China. According to the research, they found cost saving by standardization as â€Å"think global, act local†. McDonalds launch their promotion with same brand image and the advertisements. The target customers for them include children, teenagers and young generation with standardization management. On the other hand, they are not successful as KFC in China market due to some reasons. For example, Chinese customer trend to purchase chicken burger rather than beef burger. Denny’s know as American restaurant that signed an agreement with Great China International Group (GCIG) that develop 50 new restaurants in southern China I the next 15 years (Files.shareholder.com). So this agreement enhances business strategy for expanding the brand in China. In addition Denny’s change their menu for local concern that achieves great success. However, the Chinese people still less familiar with this brand. And it seems asShow MoreRelatedFast Food Industry : The World s Largest Restaurant Chain And Now Essay1661 Words   |  7 Pagesthe fast food restaurant McDonald’s is the world’s largest restaurant chain and now they are expanding even further. Those iconic golden arches spread wide from large urban centers to rural towns. The global giant has sets its sites for further expansion into the country of India. 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Wednesday, December 11, 2019

Double Entry Journal For “Huckleberry Finn” free essay sample

1. â€Å"I’ve seen it in the books; and so of course that’s what we’ve got to do.† â€Å"But how can we do it if we don’t know what it is?† â€Å"Why blame it all, we’ve got to do it. Don’t I tell you it’s in the books? Do you want to go to doing different from what’s in the books, and get things all muddled up?† (Twain 10). This quote pokes fun at education as Tom Sawyer puts all his faith in a book, even though we know books do not always tell the truth. The boys are willing to take a blood oath and enter into a murderous gang because a book said that is the way to do it. It shows how easily they are influenced by one another and how they lack their own opinion. 2. â€Å"The men took their guns along, so did Buck, and kept them between their knees or stood them handy against the wall. We will write a custom essay sample on Double Entry Journal For â€Å"Huckleberry Finn† or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page The Shepherdson’s done the same. It was pretty ornery preaching-all about brotherly love, and such-like tiresomeness, (Twain 137). The Grangerfords and Shepherdsons brought their guns to the church where they sat through a sermon preaching of brotherly love. This is a good example of religious satire because the pastor is preaching love whilst his followers are at war with each other. The families seem to be religious, yet ignore all of the teachings and contradict the word of the lord. 3. â€Å"Each person had their own nigger to wait on them- Buck, too. My nigger had a monstrous easy time, because I warn’t used to have anybody do anything for me, but Buck’s was on the jump most of the time.† (Twain 143). Huck is considerably better to slaves than most of the Southerners during this time and thinks of Jim as a good friend. This quote still pokes fun at racism though, showing it’s meaningless but inescapable. Even though Huck is not particularly racist he is still ingrained with the idea that he owns that black man, using the phrase â€Å"my nigger†. 4. â€Å"I am the rightful duke of Bridgewater; and here am I, forlorn, torn from my high estate†¦Ã¢â‚¬  â€Å"Bilgewater, I am the late Dauphin! †¦ Yes, gentleman, you see before you, in blue jeans and misery, the wanderin’, exiled, trampled-on and sufferin’ rightful King of France.† (Twain 162). This is when Huck and Jim pick up two drifters and criminals to ride along with them on their raft. It shows how easily Jim and Huck trust the men that claim to be royalty because they aren’t used to such deception. Jim and Huck are just happy to be in the presence of people they believed were actually important at one time, as they were never important themselves. It isn’t until later that they discover the drifters are lying and feel bad for the scam artists when they come upon them tar and feathered. 5. â€Å"The king he told it all over again on his hands to the duke, and both of them took on about that dead tamer like they’d lost the twelve disciples. Well, if I ever struck anything like it, I’m a nigger. It was enough to make a body ashamed of the human race.† (Twain 210). This quote shows that the duke and king have no respect for others and openly deceive grieving people and exploit this to collect the large inheritance. It’s even worse when Huck says if he ever did something like this then he’d be a nigger. Huck has compared Jim to being his equal before yet still views most blacks as inferior. Jim is a much better man the two crooks who completely lack ethics. 6. â€Å"Don’t be no rougher on him than you’re obleeged to, because he ain’t a bad nigger†¦ out crawls this nigger from somewhere, and says he’ll help; and he done it too, and done it very well†¦ and yet he was resking his freedom to do it,† (Twain 352). This is when Tom gets shot and the doctor needs help to remove the bullet from his leg because Tom was getting worse by the minute. It shows that Jim was braver and more honorable than many other men, black or white. Tom had risked everything to save him, and Jim wouldn’t let him die like that; he was willing to give up his freedom to save his friend. I doubt the duke and the king would ever be so kind.

Tuesday, December 3, 2019

Why Is the “Era of Goof Feelings” a Misnomer Essay Example

Why Is the â€Å"Era of Goof Feelings† a Misnomer? Paper The period of James Monroe’s presidency has gained the term used worldwide as the â€Å"Era of Good Feelings†. It was adopted by this name because of Monroe’s action in visiting the U. S military basis and because of the spirit of nationalism and optimism gained by the people from the War of 1812. Foreign affairs exemplifies why this name is partly fact. However, the perception of unity that this era defines is somewhat misleading. Throughout this period, there were various problems that contradicted the era’s name. Some of the serious issues that divided the nation were economic depression and sectionalism. The first major fracture in â€Å"Era of Good Feelings† was an economic panic and depression that is frequently known as â€Å"The Panic of 1819†. This disaster was largely caused by the Second Bank of the United States (BUS). In their delayed attempt to control inflation caused by the War of 1812 and the economy, BUS forced western banks to foreclose on western farms. They stopped allowing payment in paper, instead asking the people to pay in hard money, such as gold and silver. Many of our country’s banks were affected, which harmed the farmers who had taken out loans. The region placed everyone into huge debt. Many state banks closed, the value of money collapsed, and there was a massive number of unemployment , bankruptcies, and imprisonment for debt. This depression largely damaged the West, and resulted with panic amongst the people. It lead the individuals to look for a more responsive government, thus changing many voters’ political outlook. Since the westerners were most largely affected, they began calling for land reform and expressing strong opposition to the national bank and debtors‘ prisons. This increased the need for democracy. We will write a custom essay sample on Why Is the â€Å"Era of Goof Feelings† a Misnomer? specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Why Is the â€Å"Era of Goof Feelings† a Misnomer? specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Why Is the â€Å"Era of Goof Feelings† a Misnomer? specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Nationalistic beliefs trembled as a result of this economic depression, hence destroying the meaning behind the term of the â€Å"Era of Good feelings†. Emerging sectionalism started in our nation because of the rising issue with slavery. When Missouri asked to join our country as a new state, an amendment was examined to be passed in response to whether or not this new state should admit slavery. This amendment is known as the Tallmadge Amendment. This bill stated that no slaves could be brought into the state of Missouri and slaves born there would be freed at the age of 25. Southerners were bothered by this suggested law because they felt that it would threaten the sectional balance we had in our country and that Congress would attempt to abolish slavery in southern states. As a solution to this growing dilemma, Henry Clay proposed the Missouri compromise in 1820. This compromise, commonly known as â€Å"The Great Compromise†, stated three important things. One being that Missouri was to be admitted as a slaveholding state. Second, Maine was to be admitted as a free state, in order to keep the balance. Third, in the rest of the Louisiana territory north of latitude 36? 0 , slavery was prohibited. Although this compromise was accepted by both sides of the country, it upset many Northerners, thus increasing growing sectionalism in our nation. Nevertheless, the â€Å"Era of Good feelings† was badly damaged by Americans’ torn feelings of sectional controversy over Missouri (North vs. South). The â€Å"Era of Good Feelings† can al so be exemplified with positive results. Our country’s Foreign affairs grew increasingly better during this time period. After the War of 1812, the United States adopted a more aggressive nationalistic approach in its relations with other nations. Americans were now proud to call themselves Americans and they had very positive feelings because of their battle against England, with whom they now had a better relationship with then they ever had before. President Monroe, with the immense help from Secretary of State John Quincy Adams, followed a nationalistic procedure that actively advanced American interests while maintaining peace. The â€Å"Treaty of 1818† with England, for instance, fixed the American-Canadian border. The United states gained Oregon territory without the surrender of claims plus we were able to share Newfoundland fisheries with Canada. Another positive result during this period was the treaty known as the â€Å"Florida Purchase Treaty†. Signed in 1819, Spain surrendered Florida as well as claims to Oregon to the United States. This expanded our nation, which caused Americans to feel more positive about themselves and their country. In exchange, the United Stated paid Spain $5 million for the land and gave up all territorial claims to Texas. A very important model during this time period that had a long-term impact was â€Å"The Monroe Doctrine†. This doctrine stated that the nations of Europe could not establish any new colonies in the western hemisphere. Although during this time the United States was too weak to make such a broad claim, this doctrine later became the cornerstone of U. S. foreign policy during the last half of the 19th century and throughout the 20th century. Despite that things appeared pleasant on the outside with a growing nationalistic country, during the â€Å"Era of Good Feelings† there was increasing disunity throughout the United States influenced by sectionalism and economic downfall.

Wednesday, November 27, 2019

Arab Music and Arab Cinema historical development and the role of Western culture

Introduction The project work is aimed to evaluate the historical development of the Arab music and cinema culture along with the Western influences on it. Thus the title of the project work is,Advertising We will write a custom research paper sample on Arab Music and Arab Cinema: historical development and the role of Western culture specifically for you for only $16.05 $11/page Learn More â€Å"Arab Music and Arab Cinema: historical development and the role of Western culture â€Å" The project scope is dedicated to peep into the historical background of how the music and cinema industries have developed and emerged in the past few decades. Since, Arab music and cinema industries have shaped into various classified forms over the time, thus the project looks into its development through the history. Also, evidences of how these changes are anticipated and what role did the Western media as a whole and Western film industry as specific influenced on w hat the Arab music and Arab cinema are. Abstract of the Report Music has always been understood as an essence of emotions by a majority group of the people and therefore the emergence of music through history has taken place in all countries, nations and cultures. Arabic music has also emerged followed by the cinema through an array of development and changes throughout the time, lately influenced by the Western and modernized music and cinema industry. There has been an influence of Sufism and Arab culture in the early days of the music that has evolved through the time and there is a tunneling history that shapes the current Arab music and cinema into more modernized mode. Despite the fact that the early stages of Arab music were prominently influenced by the religious background where the music was used as a tool to inspire and toss the religious and spiritual emotions of the listeners, however in recent past when the Western musicians and singers took interest in the Arab music and culture that was previously inspired mostly with the Egyptian version, it made a shift towards modernization into the music industry. Along with this advent the cinema in the Arab world along with the Middle Eastern countries was also influenced by romantic and emotional aspects rather than just dramatic and sober performances. In most of the cultures, music is classified as a strong relationship building tool with the culture, just as in Hindu religion, it plays a vital role in motivating and inducing the spiritual closeness with the religion often.Advertising Looking for research paper on asian? Let's see if we can help you! Get your first paper with 15% OFF Learn More This research is aimed to cover the development and advent of music and cinema in Arab through history and the effect of the western culture and music that influenced Arab world as a whole shaping its new, westernized cinema industry. Also, the new faces are discussed that are playing role in formi ng this transformation that has already taken a much formalized shape in the Arab world and the challenges that are still prevailing. Objective The objective of this research is to conclude through proper analysis of the difference that is apparent in the two different periods of time. At one time, the ancient and traditional style of music and performing arts were encouraged. Rather, performing arts barely existed in the Arab world before 1930. After having the influence of Egyptian media and entertainers to the Arab world, they have started to develop films and populate cinemas and finally emerged as an industry where music and films play important role in formation of the society itself. Research Methodology Main source of this research is the research articles and websites that actually present the upfront preferences of the new Arab world generation. Thus secondary data is quite useful as the analysis of the people preferences and how they like and why do they prefer some music or film is basically based on the prevailing sites and views that are getting promotional backups. Different books are also available that describe the emergence and shaping of Arab world’s music industry as well as the cinema industry since it did not was quite prominent in the past. Also, online search engines, blogging sites and online databases were searched and reviewed for getting a proper glance of what is â€Å"IN† in the public and what do the people like to hear and see! This gives us the proper understanding of the direction in which people of a region think along. It is clear that by going through recent publications and articles that cover the cultural norms developing in the Arab world along with the articles that specifically highlight the emergence of the Arab music and Arab cinema through past few decades can give a good insight of the developing industry and the likeness of the people about some celebrities or stars that rule their minds through thei r performance or music.Advertising We will write a custom research paper sample on Arab Music and Arab Cinema: historical development and the role of Western culture specifically for you for only $16.05 $11/page Learn More It is important to note that articles that would have been published in early 1950s or before might not encourage the Western touch in their own musical industry or the performance in the cinema as that time was the beginning when Arab cinema industry and music performers had actually started to emerge and appreciated their traditional style of playing the music while the Western influence had not much grasped the Middle East countries. However, publications, journals, articles and books that are lately published would be focused mainly on the adoption of the western musical styles in the new Arab style in order to promote their enlightenment to the society. Therefore, it is kept in mind while analyzing and going through different boo ks and different articles that when they had been published and what factors could have influenced the analysis of the author himself. The research tries to grasp the core objective of describing how the history of the Arab music and cinema have developed over past and how they have reached to a point where they have indulged mostly in the Western style of entertainment as a result of influence and inspiration of Hollywood and western media over the globe (Ayish and Sakr 7). It has been increasingly noted that young generation from Arab world has started participating actively in the global sharing sites and blogs opening their ways to adopt new values and modern norms. They are also very apparent on sites that involve romance, love, sexuality, and adventure giving a flavor of what they are lean towards and how they have molded their thinking into more Western nature in order to get closeness to their Western counterparts. This effect is pre-dominantly reflecting on the music and ci nema industry as well where people have started to like the modern artists and performers who appeal them in terms of rock and roll and fantasies (Shafik 111). Development through History Music is usually considered the spiritual food by most of the people and regardless of regions, cultures and countries; it is widely played and considered an essential part of the culture and human life. Music has evolved though different stages and different modes just as the advent of the musical instruments. Not always, music has been so colorful and bashing as it was usually a melodious sound just to please the ears and arouse the emotions in the human body.Advertising Looking for research paper on asian? Let's see if we can help you! Get your first paper with 15% OFF Learn More A variety of musical tones have developed and formed throughout the history including classical music, rock music, pop music, jazz music and in recent days rap music that is not usually considered a part of what we call ‘ethical music style’. However, all forms of music constitute the melody of the history of music itself and this has been a strong foundation in the cinema industry as well. Since cinemas showing movies used to depend on the stuff and the role of the play. However, with increasing influence of songs and music in the movies, cinema has been greatly influenced by the type and quality of music. This has resulted in an advancement and modernization of music as well as cinema both not in just Arab world, but throughout the world where music and movies are appreciated by the public (Al-Bab). Musical instruments and music in Arab world are as ancient as known. These have emerged and developed through many phases inspired by different aspects of life at differen t times. From religious to spiritual and from romantic to teasing, music has evolved in many different directions through the ages. Despite the fact that the researchers have studied various eras, there is no definite answer that when the first music instrument in the Arab world was actually grasped and formed the part of the culture. However, it is admitted by most of the researchers that the music has been the part of Arab culture since very old and there was a strong relationship between the music and emotions of the people living in Arab world. In early days, the traditional and the ancient musical instruments like timpano, lutes and guitars were used for playing music, not necessarily followed by any song or lyrics. Unfortunately, from research conducted by various scholars in the field, it has been revealed that most of the traditional forms of the Arabic music did not have a well laid down system of notation. As such, most of the musical transference only happened through a g enerational inheritance in which children learn from their parents. Arab music can easily be traced back to the 3rd Century. Although, there is no definite history of the musical instruments that were formed and introduced in the ancient world. However, according to the legend, it is anticipated that Lamak had created the first lute, not by wood, but with the bone of his deceased son and played in order to grieve over his loss. Although music has been evolving and shaping its modern form in the Arabic culture through a history, however a peculiar style of Arab music has always been famous and widely played by most of the Arabic musicians and players. The style constitutes the variations in the musical tones and rhythms such that it beats the hearts of the listener in an exotic way. Arab musicians usually use variations in the music to arouse the emotions in the human body and this is common to most of the Arabic musicians (Shafik). As the modern and western culture has influenced th e world, Arab entertainment industry is also widely influenced by the western mode of entertainment. Earlier, the Arab music and dramas were the sources of spiritual arousing and motivations. However, as modernization has played its part in the Arab world, the music and cinemas have shifted towards romanticism, sexuality and affection stories despite the fact that there still exists music and dramas that are based on the topics used earlier as the basis of music and movies in the Arab world. As movies and songs from Hollywood travelled and influenced the Arab people and new artists were inspired by the western norms in the entertainment industry, the exchange of interests caused Arab music to borrow several things from the European and the American cultures. This resulted in the formation and shaping of the Arab pop and Arab rock music in modern days and emergence of new singers with such taste in the music. Several individuals including Fairouz, Magda and Ilham Al Madfai have emerg ed as the appeal to the new generation lean towards modernization and believing in openness in the society. The younger generation is more towards new singers and musicians who perform on the new nodes and modern rhythms adopted and inspired widely from the West. There is also one other aspect that has caused the music in the Arab world to emerge on modern lines and follow the western nature of music and that is the Music video. Music video is the part of Arab music primarily and usually music was taken as just to listen and enjoy. As time passed and the music world in Arab shifted towards modernization, music videos became part of the music releases and thus the new modern culture is reflected through them. This has also impacted the cinema and music videos are becoming the part of the movies and films in the Arab world. Since Arab music has moved towards modernization after the influence of the western culture and music. However, still some musicians and young performers stick to the traditional Arab music and exploring the pleasure in the ancient music comprising mainly of the classical tones and spiritual rhythms. Along with the music and cinema industry, Arab literature had also grown rapidly to boost the modernization and introduce different genres in the society including eroticism and love. This was evident from many writings and literature that was developed at that time (Moor, Allen and Kilpatrick). Not only Arab music, but also the Arab cinema have also undergone the stages and developed into its modern form that again is mostly influenced by the modernization and western culture as a part of Hollywood’s magic around the world. Stars from west are interested in Arab cinemas and are influencing the lobby in the Arab entertainment industry. After the first Arabic film that was released in 1930, the industry has undergone various stages and directions. The films used to be of particular genres that reflected the core Arab culture including liter acy, drama and storytelling. In early days the films made in Arab world were greatly influenced by Egyptian productions. Egyptian cinema has dominated heavily on Arab cinema as it creative production of mass audience movies as that of Hollywood movies. Since Egyptian cinemas had emerged quite early by 1917s and they had developed well through time when Arabs actually started their cinema industry and produced their first film in 1830. It greatly influenced Egyptian movie making style and role playing that was reflected in the Arab films as well. Although Egyptian style was also influenced by the Western culture as Egypt has always striven to keep its alignment with the European world and therefore modernization was evident from the Egyptian music and cinema world. However, the modernized aspect of the cinema industry was not much greatly reflected in the Arab films. Arab cinemas helped in portraying a positive picture of the Arab people who were earlier portrayed as just the extremi sts or the terrorists in the region. Unlike Hollywood’s peculiar style of censorship and showing up of negative powers as the dominating ones, Arab films focused on the positive aspects and identifying the social issues prevailing in the society. The Arab cinema also managed to upraise the interest of people in arts and entertainment and helped in developing its local people aligned with the modern world as well. Stories of love, romance, betrayal, misuse and offensiveness started when Arab cinema started to get inspirations from the typical Hollywood style and the new generation of the Arab world admired and started to adopt the Western culture as a part of their broad mindedness and enlightened thinking slogan. Likewise, Egyptian traditions of developed music and cinema were spotting at the Arab world where the people were previously fond of spiritual and light music and then shifted towards more pop and rock style giving them a sense of openness and alignment with the west ern society. In fact radio also contributed in transferring the effects of Egyptian modernization in the Arab world’s music industry when record companies including Odeon and Baidaphone encouraged young stars to lead the new generation of the Middle East region for adopting the new styles in the music and promoting music videos, while other side favorite stars like Abd el Wahab, Leila Mourad and Umm Kalthoum became the cinema gurus promoting the pop and jazz style in the films in 1940s (Al-Bab). Analysis The Arab world influenced from the Egyptian counterparts was not just an incident rather a process. Egypt was extremely under the influence of mix culture including the European as well as the Asian nations and the native Arab people. Since, Egypt had already started its music and cinema industries on the lines of the Western culture that had developed over the decades as a result of increasing influence of the America in the region. As the U.S. influence and its media scatte red in the Asian and the Middle Eastern world after the Palestine-Israel issues, the influence of the western entertainment industry also clouded in the Arab world. This caused the artists and musicians to be inspired by the modern culture of West and Western artists themselves tried to take interest in the Arab entertainment industry (Metres). Also, financing by the Egyptian banks and institutions to strengthen the music and cinemas over the Middle East region caused to propagate this effort and interest of Western artists to influence Arab world with a blaze of newness in the entertainment and arouse them for modernization. Salaries of the artists were raised in Egyptian and Arab entertainment industries were raised during 1940s and 50s and along with the musical and comedy genres of the dramas and films, other attributes including seduction, adultery, implied rapes, murders and suicides were added through melodramas taking the society and specifically young generation towards a n ew horizon of modernization and so-called enlightenment. Films like A Happy Day, Mohamed Karim, 1940; The Immortal Song, Henry Baraket, 1959, The Sin, 1964; No Condolences For Women, 1979 and The Night Of Fatima’s Arrest, 1984 influenced the emerging generation of the Arab at that time and asked them to think in a different direction taking them away from the conventional or traditional spiritual and religious music style and dramas towards more social and modern way of performing arts and entertainment (Al-Bab). Not only the Egyptian world and the Egyptian entertainment industry had influenced the formation and molding of the Arab music and cinemas, but also as the Israel started invading and teasing Palestine, the new environment in the region played its part to disengage Arabian soft corners with the western world. However, this was very properly and effectively managed by the Western media and entertainment industry that actually invaded the Arab world with the slogan of modernization and enlightenment followed by the concept of global village where everyone is open to another. Since the idea was appealing and exotic taking the young generation on their feet to quest for pleasure that was made the essential part of life as enforce by the western media, the young generation of the Arab world started to appreciate their belonging and closeness with the Western style more specifically American and European cultures. Nevertheless, there have been political influences as well on the development and formation of the Arab music and Arab cinema throughout the time. The recent role of the western culture and Western media on Arab entertainment industry is also supported widely by the Arab governments as the regulations and freedom for the satellite channels to show whatever they want to has taken a vast majority of youth towards the entertainment aspect of the music and films rather than addressing social issues and motivating spiritual emotions as before at the time of its emergence. Along with the satellite channels that show up the news and it is claimed that the public is kept well-informed with these channels, the entertainment, music and film channels have also taken their place in the Arab world including the West based Arabic channels including Star Movies and Movie Magic shows that depict quite modern aspects of the culture (Shafik). Not only Arab media, but the literature that Arab world was becoming used to have become one of the major provokers of the modern thinking including looking at different aspects of life that contained more westernization like love and sexuality. Nizar Qabbani is one of the best examples who made women the subject of his writings and established an erotic literature review of a woman (Tribes). Also, satellite channels have shaped the thinking of the new generation through their penetration in the society and influencing the Arab viewers. Since, more and more music videos and western celebrities are promoted and shown in the ads of the satellite channels; this influences the thinking of the new generation. This is evident from the fact as the satellite channels showing new modern movie, fashion shows and mosaic vides receive the highest ratings as suggested by research. Conclusion The face that Arabs have developed their essence through time towards music more particularly can be anticipated from the analysis as discussed in this report. Despite the fact that music has been a source of spiritual or cultural enforcement in Arab world in earlier days, it has developed through time and shifted towards more modern form of it that is prevailing today. his may also be said from the discussion that music itself has forced to transform the Arab cinema and shifted it towards its modernized form that was the influence of music videos and new styles in the music that became popular in the young generation over the time. The basic influences that the Arab music aspired initially from the Egyptians one were from their music and music videos. Since Egypt used to be closer to the Western world from early days and they tend to adopt modern culture quickly in order to follow the Western norms, this penetrated slowly into the overall Arab culture. This was the reason that old traditional music that was once dependent on purely conventional instruments emerged in new styles and Arab pop and jazz music came into being. The ecstasy of western movies especially Hollywood also appealed the young generation of the Arab world while at the same time American entertainers were interested towards cultivating Arab culture into more modern form giving it grave distinguish from a perceived terrorist culture, thus the movies and films in the Arab world that were purely based on social issues, cultural enforcements and sober drams were shifted towards other genres including romance, love, adultery and betrayal. New stars like Sonia M’barek, Khalil Abonula and Rima Khcheich are im posing an effect on the young generation and getting their appeal towards modern Arab. Therefore, it can be concluded that the Arab music and Arab cinema have emerged through the past bearing a cultural influence in the beginning, then inspired by the Egyptian entertainment and now heavily influenced with the western music and cinema that plays an important part in bringing the interests of the new young generation on the entertainment screens. Works Cited Al-Bab. â€Å"Arab cinema: the early years.† 2009. Al-Bab. 19 March 2011 https://al-bab.com/cinema-section/arab-cinema-early-years. Ayish, Muhammad and Naomi Sakr. â€Å"Dynamics of Development in Arab Broadcasting.† Middle East Journal of Culture and Communication 3 (2010): 3-7. Metres, Katherine M. â€Å"Egyptian Films and Their Makers Provide Insights On Their Society.† 1996. WRMEA. 19 Marchi 2011 https://www.wrmea.org/1996-may-june/egyptian-films-and-their-makers-provide-insight-on-their-society.html. Moor , Ed de, Roger Allen and Hilary Kilpatrick. Love and Sexuality in Modern Arabic Literature. 1995. Shafik, Viola. Arab cinema: history and cultural identity. Egypt: The American University in Cairo City, 1998. Tribes. â€Å"Nizar Qabbani’s biography.† 2008. Tribes. Web. This research paper on Arab Music and Arab Cinema: historical development and the role of Western culture was written and submitted by user Isaiah Ward to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

Sunday, November 24, 2019

Service Robotics Market Global Industry Analysis, Market Size, Share, Trends, Analysis, Growth And Forecast, 2013 2019 Essay Example

Service Robotics Market Global Industry Analysis, Market Size, Share, Trends, Analysis, Growth And Forecast, 2013 2019 Essay Example Service Robotics Market Global Industry Analysis, Market Size, Share, Trends, Analysis, Growth And Forecast, 2013 2019 Essay Service Robotics Market Global Industry Analysis, Market Size, Share, Trends, Analysis, Growth And Forecast, 2013 2019 Essay Service Robotics Market Global Industry Analysis, Market Size, Share, Trends, Analysis, Growth And Forecast, 2013 2019 Service robotics is mainly used to assist the humans usually by making their work easier and simpler. It could perform a job that is dull, dirty, distant, repetitive and dangerous among others. According to the International Federation of Robotics (IFR), the service robotics could be defined as a robot which functions semi automatic or fully automatically to perform the task assigned which are useful for the well-being of humans.Visit Complete Report Here: marketresearchreports.biz/analysis-details/service-robotics-market-global-industry-analysis-market-size-share-trends-analysis-growth-and-forecast-2013-2019 The increasing need of labor in the emerging nations and growing instances of assisted living are predicted to give the momentum to the global service robotics market. As these service robots helps in performing the tasks that are more likely to be very diffic ult or risky. In addition, these computer controlled devices are capable to perform the daily routine tasks assigned to them with high degree of accuracy. As the service robotics is in close proximity with the humans, which ensures absolute safety and security of the person dealing with it. An increasing number of companies have been developing and refining automation techniques in order to gain market share in this market.Service robotics is projected to be the future human assistant, helping people do what they want to do in an intuitive and natural manner. Furthermore, service robotics would be treated as an unlimited knowledge base and could co-ordinate its activities with other systems and devices with emergence of ubiquitous computing and communication environments. Similar to laptops which have changed the daily lives of its users by helping them in performing the tasks effectively and efficiently, the service robotics are on the edge to expand

Thursday, November 21, 2019

State of Immigration Research Paper Example | Topics and Well Written Essays - 750 words

State of Immigration - Research Paper Example Nevertheless, the proposal offers provisional status to millions of undocumented immigrants. The country need to come up with measures aimed at solving current challenges in immigration. The first step is to secure the borders. The border with Mexico still allows many illegal immigrants to move into the country hence it need to be secured. A guest-worker program will ensure that people from other countries are accorded the opportunity to work in the United States especially in carrying out hose jobs that have been neglected by the citizens of the nation. However this needs to be backed up with the necessary surveillance so as to ensure that only those who meet the needed qualifications are allowed into the country (Bush, J., McLarty, T. F., & Alden, E. H. 2009). The nation need to increased funding for the U.S. Border Patrol and adding more federal agents who will ensure that no illegal immigrants find their way into the country. Welfare benefits for the illegal immigrants need to be stopped as well as prohibiting in-state education of children from the illegal immigrants’ families. These moves will tend to discourage those who think being immigrants in the United States will offer them with the best opportunities at a lower cost (Borjas, 2007). Chris Gafner and Stephen Yale-Loehr argue that immigration brought great deal of talented and bright immigrants who made positive contributions in the economy as well as other spheres of life among the American people. However the trend is changing due to the fact that many nations have devised strategies aimed at attracting the best of the immigrants thus denying the United States the opportunity of gaining the best of the of the immigrants. Countries such as Canada, China and the European Union have come with attractive means of enticing the best of the immigrants from developing countries especially