Discretion Of Lower Courts Example

Discretion Of Lower Courts Example Discretion Of Lower Courts – Coursework Example Discretion of Lower Courts al Affiliation) Activities that Permit the Lower Courts to Implement Decisions Legally, the lower court has the mandate or the authority to interpret decisions of the Higher Court: In this case, some important policies are usually made by the Higher or Appellate Courts, and such decisions are constitutionally interpreted by lower courts. The interpretation of decisions made by the higher court in the lower courts depend on various issues i.e. a judge’s personal perspective regarding the policy (iipdigital.usembassy.gov). Additionally the permission of lower courts to make decisions stems from the structure of the United States’ Judicial System. The US Judiciary system is characterized by individualism, decentralization as well as independence, thus most judges tend to make decisions without fear of impeachment, provided they keep their electorate satisfied by their services (www.iwenger.com). On the other hand, the activities undertaken in the lower courts are usually permitted by the mode of communicating a policy by the Higher or Supreme Courts (www.iwenger.com). That is, when an appeal is made on a lower court, the higher court takes the initiative of informing the lower courts and other courts regarding the decisions through various modes of communication such as: Printed copies and the internet where the judges can acquire the information. Remedies Applied by Public to Influence Decisions that are Yet to be Made by Lower CourtsOne of the remedies that the general public may utilize to facilitate decision making that a judge from a lower court has yet to implement, is to make an appeal for a decision to be made by a higher court. This remedy relies on the available legal structures that permit such decisions to either be made at the higher courts or the lowers courts, thus the general public has to take this into consideration. Secondly, the general public may undertake advocacy campaigns, requesting for fair judgmen t and appropriate decision making processes in a manner that the general public’s needs are met. Advocacy campaigns are considered appropriate strategies that have been applied to advocate for rights and fairness. This can be applied in lower courts especially if the decisions to be made by the lower courts have an impact of the general public. ReferencesIIP Digital | U.S. Department of State. (2008, May 14). Retrieved December 3, 2014, from http://iipdigital.usembassy.gov/st/english/publication/2008/05/20080522225408eaifas0.2850305.html#axzz3KmcW21oG chapter 14 Top of FormBottom of FormWenger - Impact of Judicial Policies. (n.d.). Retrieved December 3, 2014, from iwenger.com/impact_of_judicial_policies

Mexico essays

Mexico essays Mexico, D. F. es la ciudad de habla espanola mas grande del mundo. Es una metropoli donde se encuetra lo antigo y lo nuevo. Es sus estaciones de subterraneo (subway) se ven ejemplos del arte azteca. Los chorros montan : a famoso rascacielos (skyscraper) llamado la torre lationamericana. Diego perez era uno de los hombres mas ricos y mas arrogantes de la capital. Hijo de padres pobres, a la edad de lo anos habia comenzado a trabajar en una agencia de automoviles. Con gran inteligencia, mucho trabajar y buena suerte habia llegado a ser presidente de la compania. Ahora tenia 60 anos y tenia la seguridad finaniciera. Por eso decidio jubilarse, salir la vida de la ciudad y buscar una casa lejos de la ciudad en el campo. San Miguel es un pequeno pueblo situado al oeste de la capital. Es famoso por su ambiente colonial, su hermoso lago del mismo nombre y su vida agradable. Un domingo por la manana, diego y su esposa llegaron a san miguel. Ellos caminaron por las calles estrechas del pueblo. Despues de un rato ellos vieron una casa bonita del periodo colonial que estaba de venta. Sin vacilar, diego le dijo a su esposa que queria comprar aquella casa. Fue a la casa y llamo la puerta y hablo con el dueno. El duenoqueria 25,000 por la casa y diego le dijo que el le daria un cheque. La pareja volvio a la capital para preparar para mudarse de casa. Durante la vaelta a la capital diego le decia a su esposa que los rasticos del campo eran tontos. Dijo que esa casa tenia un valor doble. El dijo que solamente sabian hacer tortillas. Dentro de quince dias la pareja otravez estaba en san miguel. Habian llegado por la noche con sus posesiones y porque estaban muy cansados se se acostaron en seguida. Pero a las casa de un vecino. Poco despues oyeron mas ruido de la otra casa vecina. Diego se levanto y fue primero a la casa de pedro. Alli el encontro pedro en su taller trabajando. Pedro era carpintero luego diego fue a la otra casa do ...

Critically discuss Plato's theory of the psyche and relate it with Essay

Critically discuss Plato's theory of the psyche and relate it with managing today - Essay Example Plato understood that the human psyche is in constant exchange with the external social, cultural and political environment. The similarities between Plato’s and Freud’s conceptions of the psyche are relevant to modern business management because Freudian psychoanalysis is well entrenched in Human Resources Management practice. The continued utility of Plato’s theory of the psyche to modern managers is illustrated by its perusal in management seminars and workshops. Even the process of knowledge creation and transfer prevalent in management practice today has parallels to Plato’s ideas on knowledge. Plato’s theory of psyche remains an eminent source of wisdom and counsel to leaders in various fields today. Introduction: Plato is one of the most influential philosophers from the Hellenistic Age, whose ideas are still relevant to modern times. Business management as we know it today was not a preoccupation of Plato. For that matter, management of busi ness enterprises under a capitalist framework is a modern phenomenon ushered in by the Industrial Revolution of late 18th century. But Plato was a polymath, who forwarded treatises on a range of subjects. Questions of what constitutes good governance under a monarch was a focus of his thought. When we look closely, there are many parallels between the structure of a kingdom and that of a business corporation. Both are more or less authoritarian institutions with a top-down power hierarchy. With the net worth of many Fortune 500 corporations is equivalent to the GDP of some nations, corporate houses are rightly referred to as ‘empires’ in management literature. Hence, although the thoughts of Plato and that of Peter Drucker are separated by two millennia, the former can be seen as a management guru in his own right. In particular, Plato’s speculations and assertions on the nature of human psyche have withstood the test of time and are a useful aid to modern manage rs. This essay will flesh out this thesis in detail. Body of Essay: It is fair to state that of all ancient Greek philosophers, it was Plato, who defined and characterized the nature of the psyche in great detail. Plato was the one who â€Å"defined the abstract and the rational as equivalent to the moral good. He equated self-knowledge with self-restraint, and proclaimed that knowledge is virtue.... Lack of knowledge and the irrational, were equated with moral evil, and then, with madness.† (Buckley, 2001, p. 452) For Plato, the ‘soma’ makes up the physical body, while the psyche is the what animates a body and gives it life. Psyche is what distinguishes a living creature from a dead one. The body, on the other hand, plays host to the psyche and can either restrict or extend the expression of psyche. According to Plato, the psyche is not made of substance and it is immortal. Plato divided human psyche into three components – the rational, affective and ap petitive. In simple terms, examples of appetites or desires are thirst, hunger, etc. The ability to overcome the appetites is the function of the rational. And the appetitive, also called the Spirit is the moral compass as attuned by social norms. He defined conflict as a â€Å"struggle between the rational and the appetitive portions with each trying to enlist the affective portion on its side." (Buckley, 2001, p.453) For example, conflicts could arise in simple situation like these: I know it is wrong to lie, but can’

Selfie and Self-portrait Essay Example | Topics and Well Written Essays - 250 words

Selfie and Self-portrait - Essay Example On the other hand, a self-portrait is a representation of a photographed or drawn picture. Self-portraits have been in existence since the medieval times when renaissance artists and painters started to work on human anatomy. In some cases, when artist draw a self-portrait, the photographer might utilize larger lens, which can disorient the image. They can also fail to present the person facing down with no focus, which can distort the image. Self-portraits include reason and thought during composition of the image or photo (McHugh n.p). It is significant to note that self- portrait is looking at me and reflecting on a personal life while a selfie is empty and not indicative of such a scenario. When a person takes a selfie, the eyes look bigger and shiny because of the closeness to the camera but as for the self-portrait the artist produces every part of the image in accordance with the way it appears. While taking a selfie, the gestures imply that â€Å"look at me I am taking a selfie or a photo of me or I am here†. It tries to capture the attention of other people. On contrary, Self-portrait tries to reveal certain messages or information about the image/character. For instance, the artist draws the image with an intention to pass a message to the people (Jim 17). A self-portrait is an artistic impression of the self that has a deeper meaning than a selfie. A self-portrait involves a person looking at a picture and trying to produce every inch of the image as it appears (Julian, 76). There is concern to details as much as the details cannot be compared to the camera. The portrait is taken to expound on a something. It brings about a message to other people but a selfie can only be used to showcase a past activity. A good example of this is a portrait of a person for use in as a gift in a ceremony. This portrait is different from a selfie or the same photo taken using a camera as it will in most cases be used to

Human Trafficking Essay Example for Free

Human Trafficking Essay Human trafficking is a very prevalent issue in today’s societies throughout the world. Human trafficking is the illegal trade of human beings for the purposes of commercial sexual exploitation or forced labor. The extremely high demand for sex and cheap labor are two of the leading factors in the expansion of human trafficking. Despite efforts from various individuals and organizations, millions and millions of men and women are illegally traded each year. Many agree that human trafficking is a horrific injustice but fail to acknowledge the underlying conditions that enable the growth of this industry. The various reasons most individuals fail to think deeper than the surface issues to address the underlying issues are discussed in depth in The Sociological Imagination by C.Wrighr Mills. Until the underlying issues are acknowledged and corrected, more and more humans will be illegally traded. According to The Sociological Imagination, many problems of society are overlooked because the issues do not directly impact the individual’s life. Many individuals do not make the connection between their own life and the big picture, in this case the relevance of human trafficking. They fail to see that although human trafficking may not directly impact one’s life, the illegal trade of humans may indirectly impact their life. The humans illegally traded, not only face sexual and labor exploitation but many are forced into marriage. Others are forced to become street beggars or child soldiers. In some of the worst cases the humans trafficked are killed and their organs are sold on the organ black market. Individuals not aware of these alternate forms of human trafficking usually fail to see how common it is and do not see the indirect impact human trafficking may have on their life. Another condition enabling the construction and expansion of human trafficking on the global scale are the efforts to stop human trafficking are being concentrated on the wrong principles. Organizations like SafeHorizon, Called to Rescue, Coalition Against Trafficking in Women and Deborah’s Gate all focus on rescuing individuals from trafficking or helping individuals assimilate back into society after being trafficked. I acknowledge these are very useful tactics but these organizations are only addressing the victims after they have been traumatized instead of addressing the underlying issues of why there is human trafficking and developing ways to prevent it. Some of their efforts should be transferred to implementing procedures or strategies that prevent individuals from becoming victims instead of for after they become victims. The corruption of government officials and police force in countries where human trafficking is most prominent, also play a large role in the growth and expansion of human trafficking in certain regions. Bribes are taken so certain businesses are not investigated or raided. These businesses are known to illegally trade human beings but they are allowed to continue their illegal actions. Authorities are aware certain individuals are partaking in human trafficking but merely look the other way. Until this changes or the corrupt government officials and police officers are removed from power, the number of humans illegally traded will continue to rapidly grow. But even honest government officials and police officers face difficultly in combating human trafficking. Human trafficking is such a lucrative business because of the high demand for sex that even when authorities are able to apprehend individuals who are trading humans illegally, new individuals pop up and pick up where they left off. Another obstacle authorities face is that many individuals who are involved in human trafficking operate at such a small scale, it is very difficult to know about their actions. Numerous individuals illegal trade humans in small rural homes or small businesses and keep their actions very discrete. Authorities trying to end human trafficking face almost insurmountable odds. The Sociological Imagination touched on the idea that individuals feel trapped by the problems of today. They are unable to look beyond the immediate troubles and issues. Humans are too consumed with the struggles off everyday life to invest time in correcting large-scale social injustices. Individuals feel as if their vision and powers are limited to the smaller scale of their jobs, family and neighborhood. This idea is another condition enabling the construction and expansion of human trafficking on a global scale. If one feels as if they are powerless and cannot change or do not have the time to change large scale issues, then change is not brought about. One individual can make change no matter how big or small the injustice they are trying to combat is. Until one internalizes and begins to believe they can make a difference, their efforts usually are consumed by irreverent problems of everyday life. Another condition enabling the construction and expansion of human trafficking is that many individuals are distracted from the larger social injustices. The media chooses which stories to shed light upon and in turn decide the importance of issues. If an individual is exposed to the same story numerous times, they are inclined to believe that story is more relevant and important than a story that receives less coverage. Some forms of media purposely give more coverage to celebrity drama or irreverent issues to distract individuals from the larger issues. The larger issues can more easily be swept under the rug if â€Å"the people† are not addressing them. If the horrors and alarming statistics of human trafficking where displayed in the media more often, people would be more inclined to correct the conditions that enable the construction and expansion of human trafficking. The Sociological Imagination opened my mind to the conditions that prevent individuals from dealing with the troubles and issues that matter. Individuals are seldom aware of the intricate connections between the patterns of their own lives and the course of the world. Because they do not make this connection most individuals cannot cope with their personal troubles in an efficient enough way to be aware of the structural transformations that lie beneath them. Sociological Imagination is having the ability to grasp reality by putting everything into perspective to make sense of the non-sense by thinking below the surface. Until more individuals possess this sociological imagination, things will not change.

Essay on Relationship between Art and Life in Death in Venice

Relationship between Art and Life Explored in Death in Venice      Ã‚   The novella Death in Venice by Thomas Mann examines the nature of the relationship between art and life. The progression of the main character, Gustave Von Aschenbach, illustrates the concept of an Apollinian/Dionysian continuum. Apollo is the Greek god of art, thus something Apollinian places an emphasis on form. Dionysus is the Greek god of wine and chaos, hence something Dionysian emphasizes energy and emotion. In The Birth of Tragedy Friedrich Nietzsche suggests that,"... the continuous development of art is bound up with the Apollinian and Dionysian duality--just as procreation depends on the duality of the sexes, involving perpetual strife with only periodically intervening reconciliations.. in the Greek world there existed a tremendous opposition, in origin and aims, between the Apollinian area of sculpture, and the nonimagistic, Dionysian art of music "(33). The Greeks embodied this concept in the "clear figures of their gods" just as Thomas Mann, a great reader of N ietzsche, embodied it in his characters (33).    At the beginning of the novel, Gustave is depicted as an extremely, if not overly, civilized man. He is an artist, but he approaches art coldly and rigidly. It is more a job than a joy for him, and it is actually his urge to seek "flight from his rigid, cold, and passionate service" that brings him to Venice (Mann 6). Although Gustave loves this service, he is currently in a state of frustration: "To him it seemed that his work had ceased to be marked by that fiery play of fancy that is the product of joy..." (7). His beliefs can be summarized in the words "mind and art," thus missing the crucial ingredients of life and sensuality. Gu... ... painting Figures on Rocks at the Edge of the Sea. Life is found to be problematic if lived at either extreme, a midpoint of some type must be established. A dynamic state of oscillation, the best environment for the cultivation of creativity, would have prevented Gustave's uncontrollable exhibition of previously inhibited Dionysian qualities. The ideal state for the production of art and living in general seems to be a mixture of art, mind, and life.       Works Cited Mann, Thomas. Death in Venice and Other Stories. New York: Random House, Inc., 1989. Nietzsche, Friedrich. The Birth of Tragedy from the Spirit of Music. 1872. In The Birth of Tragedy and The Case   Ã‚  Ã‚  Ã‚  Ã‚   of Wagner. Trans. Walter Kaufmann. New York: Vintage Books, 1967. Vibert, Jean-Georges. Figures on Rocks at the Edge of the Sea. Snite Museum of Art, Notre Dame, Indiana.   

Preventing Environmental Damage Essay

The world is recently being beleaguered by environmental issues and problems left and right. Our planet is deteriorating rapidly, and such is due in large part to the activities of man (Cline, 1992). For example, many movements and organizations notice the earth’s problem with respect to pollution, global warming and destruction of ecosystems (Cline, 1992). These are environmental problems that are caused by acts of man. Therefore, the solution and more importantly, the prevention, of these problems also lie in the hands of man. More particularly, the areas where man could take steps towards correcting the damage to the environment call upon leaders to develop programs and policies designed to remedy the problem. Moreover, leaders need to use techniques to implement such programs and policies and deliver results. The participation of leaders in saving the environment is manifested in the acts of countries in taking responsibility in the prevention and saving the environment. As big movers of the world, and wielding great power over its citizens and private companies, countries can accomplish a great deal in preventing further environmental damage. The different approaches in preventing the environment differ in accordance with the respective causes of the damage. Knowing the causes of environmental damage would dictate the proper actions that would prevent such damage from happening. In the case of countries’ responsibility in this respect, their programs of actions should consist of strict rules and regulations that limit the power of individuals, groups, and communities to exploit the environment. Countries’ governments are the only institutions that are given the authority and mandate to regulate the use and exploitation of natural resources. Therefore, countries should be active and vigilant in protecting their environment. For example, coral reef ecosystems, which are very important in maintaining the balance of life systems under the sea, are always being destroyed by abuses by man in utilizing resources from it (Center for Sponsored Coastal Ocean Research). Thus, the main cause of destruction of coral reefs is pollution caused by man (Center for Sponsored Coastal Ocean Research). Thus, environmental protection by countries should consist of the enactment of environmental protection measures and the formulation of appropriate environmental policies (Center for Sponsored Coastal Ocean Research). Another illustration can be found in environmental issues surrounding the use of fossil fuels. Such use creates problems because they cause global warming, and fossil fuel is non-renewable; thus, their use depletes vital resources (â€Å"Benefits from Fossil Fuel Use†). Countries can help prevent such environmental problems by helping the private sector develop technologies that address our dependence on fossil fuel and thereby reduce such dependence and reduce pollution (â€Å"Benefits from Fossil Fuel Use†). Another example of the participation of countries in preventing environmental damage is through agencies such as the Environmental Protection Agency of the United States. The agency has the jurisdiction and authority to regulate the emissions of greenhouse gases by different sources, such as new motor vehicles (Barze Jr. and Casey, 2007). The initiative of countries can also be shown through the adoption of energy saving and better products that do not cause further damage to the environment. One example can be seen in the initiative of leaders of the European Union. They decided that before the end of the decade, all European homes, offices and streets must use energy efficient lighting (EU to switch to energy-efficient bulbs. (International Report), 2007). Works Cited Barze Jr. , R. B. & Casey, T. L. (2007). The future of greenhouse gas emission regulations: Massachusetts v. Environmental Protection Agency. Defense Counsel Journal 74, 269-273. Retrieved October 28, 2007, from http://galenet. galegroup. com. ezproxy1. library. arizona. edu/servlet/BCRC? vrsn=16 0&locID=uarizona_main&ste=5&docNum=A167510332 â€Å"Benefits from Fossil Fuel Use. † 20 Oct. 2007 . Center for Sponsored Coastal Ocean Research. â€Å"Coral Reef Ecosystem Integrity and Restoration Options with Watershed-based activities and Marine Protected Areas (MPAs) in the Tropical Pacific Islands. † 8 Sept. 2006. 20 Oct. 2007 . Cline, W. R. (1992). The Economics of Global Warming. Washington, DC: Institute for International Economics. ISBN paper 0-88132-132-X. EU to switch to energy-efficient bulbs. (International Report). (2007). Global Warming Today: General OneFile. Gale. University of Arizona Library. Retrieved October 31, 2007, from http://find. galegroup. com. ezproxy1. library. arizona. edu/itx/start. do? prodId=ITOF