Court Case Trial Observation and Report

Court Case Trial Observation and Report

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Court Case Trial Observation and Report

Any employment defines a relationship that is the code of conduct between the employer and their employees, which is brought up by an employment contract. It is the contract, which puts obligations and reciprocal rights forth between the employer and the employee. However, in this relationship, the employees get access to all the benefits as well as the rights that come along with such an employment. This court hearing presents a case in relation to the Employment Relationships as well as the significance of having an employment contract.

Flagstaff, AZ Civil Court

Mr. John, the appellant

Parmenas Charley, the appellee

Litigants

Plaintiff – Appellant: Parmenas Charley

Defendant – Appellees: Mr. John, owner of Southern Private School

Background

Parmenas Charley, who is a former teacher at the above named school, filed a lawsuit giving claims regarding a breach of contract, declaratory relief as well as injunctive relief, when the Mr. John, the owner of Southern Private School denied him an extra day’s pay. The owner of the private school, Mr. John, filed a counterclaim. Both parties filed opposing motions to get appealed the decision.

Facts

Charley had been an employee of the privately owned school following a written contract under one year probation. In the contract, Charley would be employed on basis of 10 months, which could be considerable for the year 2002-03. In it, Mr. John required Charley to work for 187days, including the dates and hours as were set by the him or any preceding amendments to the settings. A teacher salary scheme was adopted based on the 187 days of work along with a schedule that Charley should work for 187 days, the year 2002-03. However, out of the 187 days, Charley was required to attend a graduation ceremony. He therefore filed a complaint to the commissioner of education get an extra day’s pay following Mr. John’s decision. The school’s owner pled to the authority following Charley’s file of a lawsuit on the subject matter. However, the commissioner of education granted Charley a summary judgment but the Mr. John filed an appeal challenging the decision.

After investigating facts from both sides, the commissioner of education pointed out that Charley’s contract required him 187 days of work and not that, he works Mr. John violated no contract, if anything, the commissioner did not have jurisdiction over Charley’s quantum meruit claim and hence it was dismissed.

Therefore, Charley went ahead to institute a double suit. To begin with, he filed a case in claim that his employer had breached their contract, declaratory relief, quantum merit as well as injunctive relief. He as well, filed a claim at AZ Civil Court, following the commissioner’s decision.

Although Mr. John filed a plea, Charley as well filed a parallel suit seeking a summary judgment. The commissioner had halted the case to await any conclusion from the civil court in Arizona.

Flagstaff, AZ Civil Court: There was a thorough grill of the appellant as well as the appellee to reach a satisfactory decision. The cross-examination and the examination of both parties was a sure way to ensure this. The defense counsel pushed a motion to have a trial dismissal order and the judges and the attorneys discussed the issue in depth. After much deliberation, the court offered judgment in Charley’s favor. It therefore offered him:

Damages for the contract’s breach claim

Declaratory relief following the abuse of a signed contract

Injunctive relief that prohibited the district from any future illegal conduct

Following Charley’s claims, the court consequently awarded him attorney’s fee and costs.

Decision

The commissioner of education did not have the authority over the claim by Charley towards his employer’s breach of contract. He had thus been advised to seek hearing from Flagstaff, AZ Civil COURT that had the required power over his claim. Section 7.057 (d) of the constitution requires that any individual who is distressed by any agent act or requires the decision of the commissioner is supposed to file a plea to the court at Arizona. Therefore, Charley’s claim was dismissed basing decision on the above. In addition, the commissioner concluded that the one viable assertion by Charley is the one on quantum meruit. The office as well had no jurisdiction to give Charley attorney’s fee since it had referred him to AZ Civil Court on basis of no jurisdiction.

Dicta

Charley contended that since he besought a quantum meruit claim for what he had rightfully earned, it is affirmed from such foregoing that the ruling by the court was based on the facts relating to such claim. Despite this, the trial court rejected the claim on quantum meruit but instead granted Charley relief on the claim about breach of contract. It is on the breach that claims were awarded.

Following the proceedings, it is notable to highlight that, the trial ruling by the court are reversed. The breach of contract claim by Charley as well as the declaratory claims is therefore dismissed. As a result, the trial court gives instructions to abate its proceedings following Charley’s injunction and the quantum meruit claims.

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Court hearings

Court hearings

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Introduction

Court hearings refer to gatherings within courtrooms called for the sole purpose of carrying out certain legal procedures. There are varied legal hearing types, some dealing with civil issues while others deal with criminal issues. As much as the focus and structure of court hearings may vary from one location to another, it is noteworthy that there remains some essential elements that would be applicable in almost every court thereby governing court meetings’ flow.

In most of the court hearings that I attended, preliminary court hearings referred to as arraignment were incorporated. More often than not, this court hearing’s structure allows the legal counsel to give information to the judge pertaining to the charge that has been leveled against the defendant. From this information, the judge would determine whether there evidence is sufficient to warrant holding the defendant for a full trial. In addition, it is often the case that some courts of jurisdiction will allow the defendant to either plead guilty or not guilty during the preliminary hearings. If the judge deems it fit, he or she may set a certain amount of bail for the defendant.

All the court hearings are guided by certain requirements and procedures on how the trial is to be conducted. During the trial, the prosecution counsel presents the available evidence to the judge in an effort to prove the guiltiness of the defendant. In addition, he or she presents testimonies of witnesses so as to complement the evidence provided. In the course of the trial, the defendant’s legal counsel is offered the opportunity to prove the defendant’s innocence. It is fundamentally expected that once both the defending and the prosecution counsel have presented their case, the issue at hand can be resolved, and an appropriate decision rendered. Once the trial has taken place, a court hearing referred to as a sentencing would be held.

In all the court hearings, one common denominator was the establishment of location, data and time where the hearing would be taking place. Subject to the issues pertaining to the case, the court hearing may be set quickly or scheduled for a later date so as to give both the defending and prosecuting counsel time to organize, as well as gather facts that would be crucial for presentation during the trial. It is noteworthy that the regulations guiding the court hearings differ depending on whether the court is handling criminal cases or civil cases. In fact, the only universal or common element in all court hearings is the way a decision is reached as to the date, time and place in which the court hearing will transpire.

One thing that was notable in the court hearings that I attended is the meticulous nature of the arguments. In criminal cases, it is noteworthy that the defense counsel did not aim at explaining why the defendants had carried out the acts but rather proving that the defendants were not in the place where the criminal acts took place. As much as the defense counsel had to be proactive by having some evidence that would exonerate his or her client, it is noteworthy that their position of was reactive. This is especially having in mind that they aimed at poking holes at the evidence presented by the prosecution or rather looking for loopholes. As much as the defendants are supposedly held as innocent until such a time when their guilt has been proven, the prosecution counsel always seemed to have had a notion that they were guilty already.

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Of the 116th congress united states congress (Malik, J. A. N. 2019)

Of the 116th congress united states congress (Malik, J. A. N. 2019)

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Zipcode: 93726

Fresno, CA

#1

Of the 116th congress united states congress (Malik, J. A. N. 2019), my residence area being Fresno is represented by democrats Senator Dianne Feinstein and Kamala Harris who were elected to class one and 3 three respectively representing the people of the state of California in the US senate. Fresno County is in the 16th district congressional district of California represented by congressman Jim costa in the house of representatives who is a democrat (Janiskee, B. P., Masugi, K., & Villegas, C. G. 2019).  California has 80 state assembly districts of which the 31st California assembly district is represented by Joaquin Arambula of Fresno. Of the 40 California state senate districts, Fresno county is under the 8th state senate district represented by Republican Andreas Borgeas of Fresno. (Janiskee, B. P., Masugi, K., & Villegas, C. G. 2019) Senator Dianne Feinstein, Kamala Harris, Congressman Jim Costa, Joaquin Arambula are all elected as democrats whose philosophy encompasses the regulation of the economy by the government through modern liberation that advocates for social and economic equality. As Andreas Borgeas who represents the 8th district in California state senate was elected through the republican political party that has been described through social conservatism, with a war foreign policy intended to defeat terrorism and promote global democracy (Lezine, D. A. 2018).

The US House of the representative is represented by Congressman Jim Costa for California’s 16th congressional district that includes most of Fresno and the California assembly representative Joaquin Arambula is from Fresno county. Fresno is a city in the 16th district lying in the San Joaquin Valley, with Chafee zoo that has sea lions and Woodward zoo that is home to Shenzhen Japanese Garden. Fresno is a highly densely populated city with a racial make-up of 49% people living they’re being whites,8% African American, 12% Asian, 2% Indians and the rest from other races (Kresge, L. 2007). California state senator, Dianne Feinstein is from the 12 congressional district that is entirely within San Francisco, with a minority-majority population with racial make-up of 48% whites, 33% Asians, 6% African Americans and others (Chen, Y. 2002). 

#2

Name;

Occupation; financial analysis

Age:37

Do you need a candidate who has lived amongst you for over 35 years, well am here, I well understand the conditions of living all of us have been subjected and as a homeowner, I will be staying with you here for the next 50 + years. With 17 years of working experience in the public sector, I am well placed to manage the state resources as a senator.

International relations are a national issue that as your senator will be top of my priority to enhance an effective relationship with other countries that would enhance our economic growth, creating more jobs for our people in the state means more flow of money and engagements o youths that will drift them from drug abuse. Security has been a major concern for all of us and with increased levels of crime and gun shoots even within schools, I am concerned as both a resident and a parent. I want to control and enhance the security of our state with improved services and working conditions for our men in uniform to create a stronger city. Police brutality against any citizen of the state shall be dealt with.

I pledge to look into the security issue in the state and use our tax dollars resourcefully to enhance our security. I will also create a conducive environment for business and funding for projects from the state reserves.

I would like to get an endorsement from the democratic political party since it is in line with my vision to create social and economic equality.

Vote for change. Spahn, B. (2017). 

#3

Affirmative action is the policy in which people who have been known to be discriminated before are being favored. Positive discrimination. The race is a considered factor in university admissions such that the university would consider the admission of other races to the university. From a supreme court ruling, these factors should be put into consideration upon admission however, not all universities should use it as a factor. Other non-racial factors include; academic performance, interests, background and leadership skills demonstrated (Heringer, R., Johnson, O., & Johnson III, O. A. (Eds.),2016).

The race-conscious admissions policies were challenged in court in 2017. Whereby the department of education was investigating Yale university for claims of discrimination against Asian Americans in the admission process. The investigations targeted Yale affirmative action policies. From past lawsuits, the department of justice has often weighed in on lawsuits against institutions in favour of plaintiffs like in case of Harvard University in 2016 where it was accused of discriminating against Asian Americans (Synnott, M. 2017).

References

Chen, Y. (2002). Chinese San Francisco, 1850-1943: A Trans-Pacific Community. Stanford University Press.

Heringer, R., Johnson, O., & Johnson III, O. A. (Eds.). (2016). Race, Politics, and Education in Brazil: Affirmative Action in Higher Education. Springer.

Janiskee, B. P., Masugi, K., & Villegas, C. G. (2019). Democracy in California: Politics and Government in the Golden State. Rowman & Littlefield Publishers.

Kresge, L. (2007). Indigenous oaxacan communities in California: An overview. California Institute for Rural Studies, 1107.

Lezine, D. A. (2018). US political parties and support for suicide prevention. Suicide and Life‐Threatening Behavior, 48(2), 199-203.

Malik, J. A. N. (2019). US 116th Congress sets new record for members with STEM backgrounds. MRS Bulletin, 44(2), 88-90.

Spahn, B. (2017). Before The American Voter. Working Paper, draft as of October 14.

Synnott, M. (2017). Introduction: Historical Perspectives on Admissions Policies at Harvard, Yale, and Princeton Universities. In Student Diversity at the Big Three (pp. 15-78). Routledge.

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The Bullwhip Effect in Supply Chains

The Bullwhip Effect in Supply Chains

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The Bullwhip Effect

I find the article The Bullwhip Effect in Supply Chains interesting, realistic and educative. The writers explain the causes and solutions of the bullwhip effect in reference to companies like P&G indicating that the effect is real. The bullwhip effect is a default in the supply chain characterized by a counter effect of supply variability along the supply chain. It indicates that supply variability magnifies up the supply chain. This phenomenon can be linked to the reliance of manufacturers on supply data from re-sellers (Lee, Padmanabhan and Whang 94). In past years, manufacturers fell short of sale information at the distribution channel stage forcing them to rely on not so accurate information. It is interesting to learn that despite steady consumption rates, the demand order variability in the supply chain is amplified. It is also unexpected that the variability diversifies upper the supply chain. Based on research, I cannot deny that retail stores have fluctuations but not as exaggerated as they are higher the supply chain.

It is wretched to know that for years, manufacturers have relied on erroneous information to plan forecasts, capacity and scheduling productions. It is not until the bullwhip effect has revealed threatening consequences like increased correction costs, extreme capacity, poor forecast and poor consumer relations due to product unavailability, that the phenomena has been reacted upon with the seriousness it deserves(Lee, Padmanabhan and Whang 96 ). It is also fascinating to note that some causes of the bullwhip effect in the supply chain are a default of members the chain (Lee, Padmanabhan and Whang 95). A perfect example where the manufacturers kick start the effect is in demand forecast updating. Manufacturers have grown to believe the appropriate action to take every instance new information from the supply chain emerges, is to pass the fluctuation to orders (Lee, Padmanabhan and Whang 98). The decision is made without consideration of the period the information will affect the supply chain. This has resulted to order fluctuations being more than the prevailing demand data and consumer needs. Moreover, interesting to realize that periodic product excessive promotion is not the best thing

I agree with the writers’ argument and point of view. I approve that demand swings are highest at the top of the supply chain (Lee, Padmanabhan and Whang 93). The bullwhip effect cannot be ignored because it brings forth negative consequences to distributors. I concur that solutions to this issue must be addresses and to enable this, all interested parties must understand the causes of the bullwhip effects. It is true that the causes are a result of irrational decision making. It is also normality for companies to conduct periodic promotions in a bid to increase sales (Lee, Padmanabhan and Whang 96). Techniques like discounts and coupons result to price fluctuation. Consumers take advantage of periodic promotions and buy in bulk .Under such circumstance, supplier’s misread signals from the consumer buying patterns which reflect neither immediate need nor actual consumption rates. When the promotion period closes, the consumers stop buying until their stock finishes. The buying variations become more than the consumption variations leading to the bullwhip effect (Lee, Padmanabhan and Whang 95).

The writers’ argues that when demand exceeds supply, companies commence rationing. It is true to say that distributers will assume that the rationing will last for long therefore they exaggerate their orders. Some will even opt to multi-order so they are assured of sufficient supply. When they acquire the needed stock, they drop or cancel the other orders leading to the bullwhip effect. There is also a possibility that the effect is a result of accumulation of demand by distributors prior to making orders. This is usually done to reduce costs of transportation and when there are no enough consumers to warrant supply (Lee, Padmanabhan and Whang 99). As demand changes, variations in the supply chain intensify. I agree that amicable solutions to the bullwhip effect include conveying downstream demand upwards in time. Others are harmonizing forecast, pricing and transportation as well as inventory planning and regularly ordering demands (Lee, Padmanabhan and Whang 99). There is also need to improve performance by reducing expenses, being timely and up to date and reducing discounts.

Work cited

Lee, Hau L; Padmanabhan, V; Whang, Seungjin. The Bullwhip Effect in Supply Chains. Sloan Management Review; Spring 1997; 38, 3; ProQuest pg. 93

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Us Intelligence

Us Intelligence

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Title: How can the US Intelligence Community best provide accurate, relevant and timely indications and warnings of potential threats?

Course:Date: August 17, 2013

How can the US Intelligence Community best provide accurate, relevant and timely indications and warnings of potential threats?

Introduction

The intelligence community is quite important to our country and its role cannot be overemphasized. They are responsible for keeping the country safe from attacks, though not directly like the military or marines. The intelligence community stays alert on behalf of the country, and monitors threats and raises alarm when there is need to do so. Intelligence community of US keeps all other security forces updated and they play an important role in the security of the country.

For the vital role they play in the security of the country, they need to be able to provide accurate and timely information so that we can prepare to handle potential threats. This paper will suggest ways in which security bodies that make up the intelligence community need to act to be able to provide real time alerts. It will also highlight the importance of quick response and assisting the intelligence community in safeguarding national security.

Providing Accurate and Relevant information

This is the main function of the intelligence community. The information provided should be in good time to prevent a threat from turning into a disaster. If information is received by the security forces like the military when it’s too late, then the security of the whole country is compromised.

The first step towards providing accurate information is proper collaboration between the intelligence community and other security forces. The main point of interest here is to safeguard the national security all stakeholders therefore corporation and sharing of information should be a priority. Since both organizations are dealing with security, the military for example may receive threatening information that the intelligence community is unaware of. Corporation between the two bodies will ensure that they are able to get the root of such threats. Other than just sharing of information, also resource sharing is another way of collaborating for the same purpose. Resources used to train the intelligence community personnel should be accessible to major security officers. Sharing of resources will ensure that all personnel involved with security matters are well trained to handle threats and respond to risky situations.

Another way of raising the accuracy levels of the intelligence community working closely with citizens. Rather than being presented as mysterious characters who gather information regarding security threats, they should work closely with the citizens. This may make them be easily identified amongst the public which may seem as a disadvantage. However citizens in the neighborhoods are useful sources of information, they live with criminal minds and terrorists at times. Citizens are best placed in society and working with them intelligence personnel get daily updates about planned threats and attacks. This collaboration puts the intelligence community in a better position not only to provide timely warnings and information but also identify people who plan attacks.

Manage wisely the power vested to them by the constitution. At times members of the intelligence community harass innocent citizens after gathering false information about them. There are many cases of young Muslim men who have been accused and harassed after being suspected to be terrorists. When citizens hear of such cases, they tend to fear the intelligence community and security personnel in general. If citizens fear security agents, it will be hard for them to give information regarding planned attacks or suspicious people living among them. Misuse of power by the intelligence community is a barrier for collaboration and sharing of information between citizens and security agents.

Use of information technology in all operations will also help the intelligence community provide accurate information regarding the security situation. Information technology provides an avenue of resources to track criminals and implement security measures. Monitor all communication between suspected persons, this will provide a basis of accurate information. Also creation of a unique information resource center accessible through the web makes information easily accessible by security agents. Tracking emails and mobile phones belonging to suspected persons will enable them get accurate information about planned attacks. Information technology should be implemented by the intelligence community and this will enable them not only to obtain information from suspected criminals but also share information amongst themselves.

Recommendation to policy makers

The intelligence community should bring its services closer to the people. While retaining their anonymity which is important for them, they should also focus more on better relationships with the people. Citizens are the best source of information in matters of security threats because those who plan these attacks live amongst the citizens. Aim at building a close relationship between the intelligence community and the citizens. All security agencies should collaborate and share information with each other to provide national security. Information technology should be implemented in order to obtain information that is accurate.

References

Aura, Tuomas. Information security technology for applications 15th Nordic Conference on Secure IT Systems, NordSec 2010, Espoo, Finland, October 27-29 2010 : revised selected papers. Heidelberg: Springer, 2012.

Berlatsky, Noah. The U.S. intelligence community. Detroit: Greenhaven Press, 2011.

Friedman, Lauri S.. National security. Detroit: Greenhaven Press, 2010.

Haugen, David M.. National security. Detroit: Greenhaven Press, 2007.

Intelligence analysis for tomorrow: advances from the behavioral and social sciences. Washington, D.C.: National Academies Press, 20112011.

Richelson, Jeffrey. The US intelligence community. 5th ed. Boulder, Colo.: Westview Press, 2008.

Mapping the global future: report of the National Intelligence Council’s 2020 Project, based on consultations with nongovernmental experts around the world.. Washington, D.C.: National Intelligence Council : [Supt. of Docs., U.S. G.P.O., distributor, 2004.

Grance, Tim. Guide to information technology security services. Gaithersburg, MD: National Institute of Standards and Technology, Technology Administration, U.S. Dept. of Commerce, 2003.

Treverton, Gregory F., and C. Bryan Gabbard. Assessing the tradecraft of intelligence analysis. Santa Monica, CA: RAND Corp., 2008.

Withrow, Denice D., and David L. Jamison. Perceptions regarding government mandated radio frequency identification human implant technology. Jackal: Pumu, 2011.

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To write poetry after Auschwitz is barbaric. Theodor Adorno

To write poetry after Auschwitz is barbaric. Theodor Adorno

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Introduction

“To write poetry after Auschwitz is barbaric” – Theodor Adorno

When one visits the Holocaust geographical areas, the crematoria and the camps, one is met with the massive wreckage and abandonment of Jewish cemeteries. It is wreckage that has found companion in drunkards, partying teenagers and even lunatic nationalists. A sense of absence lags whereby the future is not changed but inevitably abolished and gradually suffocated.

If Ardono’s witness statement is literary correct about Auschwitz, he must also be right about all genocides and inhuman practices upon all mankind. It implies that if there is no poetry after the merciless killings of Jews and Gypsies, if follows suit that the same applies to poetry after the Armenians and the Tutsis, to mention but a few. Every manmade catastrophe be it famine, slave trade or even star chamber, whose aim is the advancement of the national interest of a few is genocide. Consequently, every crime committed at the Auschwitz- rape, murder mistreatment – culminates the power possessed by a few to take human life after much suffering.

Poetry after such events makes up history. If its absence after such occurrences is the status quo, what then defines history? The integration of poetry in history or if you like history into poetry cannot be overlooked. While poetry intensifies language in the narration of events, history on the other hand is the intensification of memory. Guarding the fact that these two elements, language and memory comprise human beings, we cannot do without either of them. They are inevitably the backbone of society. As one scholar Mirko Grmek refers to the deletion of history and language as ‘memorycide’, so is the erasure of works of art after Auschwitz, specifically, Tadeusz Borowski’s short story titled, “This way for the Gas, Ladies and Gentleman”.

Many scholars would want to state that Adorno did not mean poetry. In essence, further elaborations of the same ultimately define sentimentality, or at other times, confession. Poetry embarks on the society indulging in a state of “Self-satisfied contemplation” whereby our eyes are opened to the moral inferiority and barbarity of Hitler’s rule is seen in the practices at Auschwitz (Horkheimer, & Theodor, 16). A character in Sarte’s play titled Morts Sans Supulture, asks, “Is there any meaning in life when men exist who beat people until the bones break in their bodies?” This question begs to inquire into the legitimacy of the existence of art, whether committed literature is not an offspring born out of intellectual regression in humankind. The Auschwitz is barbaric statement must be refuted as it is an expression of negativity with regard to committed literature.

This way for the gas, ladies and gentleman

Tadeusz Borowski wrote his short stories based on his experiences in Auschwitz and Dachau where he luckily survived. They are literary works published in Poland but have proved their enormity with regard to literary communication to earn a place in world literature. He describes in his writings being confined in this concentration camp as a world whereby compassion for the jailed individuals overrides one’s own will to live. Further, he describes the camp as uninhabitable area whereby prisoners eat, work and sleep while watching their colleagues being murdered. He sees the deletion of human dignity whose distinction from those who are already dead is defined by a thin line- a second bowl of soup, a blanket and a pair of shoes. He views the situation as one with an absence of normality.

Adorno’s statement with regard to an analysis of the short story “This way for the gas, ladies and gentleman” must be refuted. There is definitely poetry, for that matter art, after Auschwitz. However, it must be noted that a higher requirement from both the creator and the audience of the particular piece of art are required. For Borowski to survive the mistreatment in Auschwitz and also in Dachau, he had no option, but to do what he had to do- write about his feelings. Even after he survived the Auschwitz, he was frustrated by the communist government which led to his successful third attempt suicide. His works were critically scrutinized by the communist government officials, not because they were barbaric, but they rubbed them the wrong way. The officials considered them brutal.

There seems to be no morality in Adorno’s statement in the fact that Borowski even acknowledges that the survival of a few from confinement camps must not be seen as heroism or even a positive occurrence. He views his survival with such sadness to the fact that it was only a demonstration of how far individuals renounce their humanity for the sake of survival. The irony in the turn of Borowski’s life proves further that it was not about survival in the concentration camps, but of priding oneself in humanity, away from mistreatment and unjust practices. He states, “The world is ruled by neither justice nor morality; crime is not punished nor virtue rewarded, one is forgotten as quickly as the other. The world is ruled by power and power is obtained with money. To work is senseless, because money cannot be obtained through work, but through exploitation of others. And if we cannot exploit as much as we wish, at least let us work as little as we can. Moral duty? We believe neither in the morality of man nor in the morality of systems” (Bernstein, 37). Although he survived the camps and even the gas chambers, he eventually kills himself through more or less the same means that he survived from, in 1951 even before he reached thirty years of age.

Borowski writes in a way that suggests that he feels that the segregation between the Jews and the non-Jews in the camps was justified. However, there is some guilt in his thought processes seem to imply that he felt that such a feeling that he was better than those murdered was just a mechanism that one adopted in order to survive.

At one point, he states that he now loathes Plato, who had liked and admired earlier. In fact, he calls him a liar. “You know how much I used to like Plato. Today I realize he lied. For the things of this world is not a reflection of the ideal, but a product of human sweat, blood and hard labour. It is we who built the pyramids, hewed the marble for the temples and the rocks for the imperial roads, we who pulled the oars in the galleys and dragged wooden ploughs, while they wrote dialogues and dramas, rationalized their intrigues by appeals in the name of the Fatherland, made wars over boundaries and democracies. We were filthy and died real deaths. They were ‘aesthetic’ and carried on subtle debates” (Sofsky, 298). He therefore believes that all states of human existence have been built by human kind and the eventual destruction of human dignity is ultimately in the hands of the same human being. This is a reality that must be told to the audience by one who has suffered under such atrocities as witnessing killings and murders through all kinds of means. This renders therefore Adorno’s statement of poetry after Auschwitz as barbaric as inconsistent with human truths and a contributor to human regression and ultimate suffering of the majority in the hands of just a few political endowed with power.

Borowski works and therefore poetry after Auschwitz is indeed a necessity because it presents a certain aspect of honesty (although not confession) and such deep compassion as it opens more questions to the audience on the inhumane aspect of the humankind. He proves to the audience that in fact, all humans face the same atrocities – whether in death, heading for the gas chambers, love encroachment and even future dreams – the emptiness of the soul after the eventual loss of dignity (Bernstein, 52).“Between two throw-ins in a soccer game, right behind my back, three thousand people had been put to death” (Sofsky, 296). This is one of the statements in Borowski’s short story that describe the haunting experiences that he went through in the camp.

Discussion

Ardono’s quote that to write poetry after Auschwitz is barbaric reminds many scholars of Heine’s aphorism in one of his works, “Almansor”, “Where books are burned, human beings are destined to be burned too”. Implications of such a statement involve the reader in a mind discussion on the impact of literary works throughout human history. It is in consensus with the fact that literary works serve ethical purposes with regard to human existence and the ultimate observation of human dignity and morality. Adorno’s thoughts are embedded in an illusion that to think that life shall go back to normalcy after war is utter idiocy (Horkheimer, & Theodor, 18). He believes that human dignity and therefore existence has gone down the drain with the death of the Jews.

However, a critical and keener analysis of Adorno’s imperative statement brings the reader to underscore on the importance of humankind to push its efforts on making sure that nothing as big as this catastrophe ever happens. It therefore brings us back to our earlier discussion on the connection between language and history. In essence, this quote serves to remind the audience that history and literature that touches on Auschwitz can be the solid reminder of a terrible past. In Adorno’s perspective, this is a good thing as it shall ultimately enable human race to build on principles that ensure that the same does not happen again (Horkheimer, & Theodor, 16). However, Adorno views it with such pessimism and therefore declares that it is only barbaric and will ultimately serve no purpose to make art based on Auschwitz, or any other genocide act, for that matter.

Conclusion

Adorno’s imperative statement that to write poetry after Auschwitz is barbaric is evidently refuted by the implications of Borowski’s short story, “This way up the gas chamber, ladies and gentleman” with regard to the moral and ethical reflections in the reader. It is evidently overridden by the ethical obligation and hence responsibility that the reader visualizes and attempts to achieve through Borowski’s experiences at the concentration camp in Auschwitz.

However, one must acknowledge that the fact that there is a high price to pay with regard to both the writer and the reader if the objectives of writings after Auschwitz are to be achieved. Borowski’s disappointment and frustration even after his survival lies in the fact that the communist government is still oppressive, a practice that makes him conclude that human dignity has ultimately been taken away from the society. In other words, justice does not exist. The concentration camp is a situation that has been rendered as humane and just by the existing law. It therefore follows that literary writings must be written even after such events for the purposes of taking back human dignity from oppressors and therefore morality as portrayed by Borowski. In its entirety, this paper seeks to allude that poetry must be written even after Auschwitz, but there is higher price to pay by both the writer and the reader.

Works Cited

Bernstein, J.M. Adorno: Disenchantment and Ethics New York: Cambridge University Press, 2001. Chaps. 8-9, pg. 32- 54

Horkheimer, Max & Theodor W. Adorno, Dialectic of Enlightenment, trans. Edmund Jephcott Stanford, CA: Stanford University Press, 2002, 11-18

Wolfgang Sofsky, The Order of Terror: The Concentration Camp, trans. William Templer. Princeton, NJ: Princeton University Press, 1997. 294-299

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narrative on A bloody affair

narrative on A bloody affair

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A bloody affair

The long search ended in a city council morgue where his lifeless body lay. The atmosphere of the morgue was rented with yells and shrieks from the kinfolk members. How could death rob us a young energetic and ambitious man who had a vision? This was totally unbelievable, that Claude was no more. Two years were not over since he wedded his gorgeous wife in a very colorful ceremony that was graced by the duchess of Cambridge. The fond memories of quality time had barely elapsed when he met his untimely demise. A myriad of questions with no answers ran through everyone’s mind. It was evident that Claude had been shot dead by some assailants. This was clearly evident as a bullet had been lodged into his chest, torn through his tender fresh leaving a hovel that was so scaring. His beloved wife of a year had not arrived at the scene. This was truly traumatizing, little did we know that behind the scenes were sum unearthed bitter truths that would leave everyone in awe.

Claude Kelvin was the most hard working young man I had known in my tender years. He was a jack of all trades and contrary to the wise Sayers he was also a master of many. Claude had spent all his life in the countryside with his parents who were large scale farmers. As a child, Claude was very bright in the school. In his fourth to seventh grade, he was always on the top in his class which made many teachers get fond of him. Claude was an exemplary student when it came to sciences. He always won prizes in the science congress that was held annually in his school. Claude was enrolled into St Johns high school where he worked to his level best and got as in all his papers. This landed him into the prestigious Harvard University where he enrolled for a degree in law.

During his stay at the Harvard, Claude met this lady Mary Brown with whom he fell in love. Mary was in the school of medicine and was a very beautiful and charming young lady. It all started as a friendship when Claude’s buddy, Johnson introduced him to Miss Brown. Within weeks, their friendship blossomed into love and they became one of the inseparable couples. Every party introduced the other to their families who gave them blessings. There were some rumors that ran about Mary but Claude gave a deaf ear. Some of her course mates speculated that she was a free mason but Claude had no space for such crap. His eyes were fixed on getting a happy ending with this beautiful lady he had known now for some years. Claude graduated a year before his lover and landed a job in the United States of America. This was quite a good start for this ambitious young man whose greatest wish as a student lawyer had always being fighting for the rights of the weak in the society.

During his stay in the United States, Mary was his constant visitor. One Monday morning, Claude rose up in the wee hours and readied himself to work. Mary had visited him the previous weekend and was to spend a week with him. During that morning, Mary had pleaded with him not to attend work but spend some time with her in the mansion Claude had recently bought. Claude however, managed to convince Mary that he could not afford to miss work. On his drive to work, Claude swerved off the road and hit a tanker that was parked on the roadside. The intensity of the bang sent the tanker blowing and the flames burnt Claude’s vehicle severely and it was rendered completely written off. Claude escaped death by a whisker as some passers-by rushed him to hospital where he was admitted with severe burns on his limbs and deep cuts on his head.

It took Claude a year to recuperate from his injuries and luckily he never succumbed to his injuries. He was bedridden all this time and Mary was by his side always carrying out chores for him and feeding him. Claude was convinced beyond any reasonable doubt that this was the woman he always saw in his dreams. This was everything that a man would look for in a woman, a clear indicator of true love. She always nursed his petrifying wounds day in day out. She even resigned from her work to take care of him. What a caring and loving lady she was. She moved the hearts of many especially in Claude’s family and the bond was never as strengthened before. After a year of nursing, Claude’s life took a new turn as he was totally healed and was back to his normal life. He resumed his duties in full swing in the organization that had employed him.

Two years later Claude had a change of mind. She had found another girlfriend at her workplace and had fallen in love with her. Contrary to our expectations, she proposed to this lady who was foreign even to his family. A year later, he proposed to the girl and wedding arrangements began. A few months later, Claude walked down the aisle with the lady in an extremely colorful wedding. To Mary Brown, this was the height of betrayal. She could not believe that her dreams to become a life partner to Claude had been shattered. Life took a new twist; they no longer saw each other eye to eye. Mary was traumatized; this agony was too much for her to bear. How could Claude be so inhuman? How could he repay her goodness with betrayal? This is some of the questions that remained unanswered even to his closest friends.

Claude was a committed Christian and was an active member of his church. On the fateful day, he had gone to deliver some foodstuffs to some mission men who had taken the good news to a foreign land. Claude left in a jovial mood, humming a tune he liked. He kissed his beloved wife goodbye and in his ever humorous tone teased her that they would meet in heaven if his time was over on earth. Little did she know that it was the last time he was seeing him alive. Claude did not have kids of his own but her wife was heavy with pregnancy. Sooner or later Claude would be a father to a beautiful daughter.

Claude speeded towards the 4th street and he waved to his wife who waved back. This was the last time they saw each other. Claude was never at one time late to get to his home. He always got home even before the verge of darkness. On this day he never appeared even after it was past nine o’clock in the evening neither did he call to notify his wife of anything. His wife back at home became impatient back at home. Her efforts to reach him through his cellphone proved futile. She immediately raised alarm to his immediate family members and his close acquaintances. Calls were immediately made to the place he had gone but the missioners said they had not set eye on him. This raised a lot of suspicion on his whereabouts.

The following morning, a thorough search for Claude was stepped up by his close kinsmen as well as his friends. They made immediate reports to the police department who staged a vigorous search for this young man. The search was a wild goose chase as they could not trace using wave technology, his cellphone. Her grief stricken wife was so shocked and she remained dumbfounded all this time. Her friend tried to reassure her that everything was well but all she was doing was weeping bitterly and probably whispering a silent prayer to God to take care of his husband wherever he was.

The search took a new turn after Claude’s vehicle’s wreckage was found stuck on a bridge. Numerous bullet holes were noticeable from a far. This sent shivers down the spines of his friends and family. The next place they searched for him was the municipal morgue. His lifeless body lay here and his clothes were soaked in blood. This was such a mysterious and untimely demise. The investigations to unearth the cause are still underway. Who was behind Claude’s murder and for what reason? This question remains unanswered and will probably be.

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Speech communication.

Speech communication.

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Speech communication.In its use to communicate, electronic media has many negative effects which hinder its effectiveness. The ability to communicate gestures and tones, along with more subtle body language such as eye movements renders this form of communication useless in times when all contact is needed. This often leads to various feelings, some of which are depersonalization and isolation among its users as outlined by Sproul & Keisler (1502). With regard to these inefficiencies, many instances might necessitate use of other types of communication, in order to ensure a complete communication process is achieved.

This effect or influence of electronic media on communication has a largely negative impact on the process. The inability to communicate fully might lead to total lack of, or partial comprehension. It might also reduce the effectiveness of feedback as gestures and body language form a large part of this, as well as being inappropriate for some circumstances. Formal communication for example, can be seriously affected by electronic media. As much as it forms a large part of this type of communication, its effects could negate any benefits especially if social media habits and traits are assimilated. In light of this, Lengel & Daft (199) suggested avoiding this type of media for certain types of communication.

Research as recent as 2010’s, points to frequent use of computing devices and internet as debilitating on the human brain’s functions. The ability of the human brain to focus on a particular task is greatly undermined by the deluge of information we get from all these computing and communication devices especially when coupled with the internet. All these information has been demonstrated to invoke the brain’s centers responsible for responding to threats and opportunities hence sudden bursts of anxiety. Anxiety triggers the release of the hormone dopamine in the brain, without which we just feel bored.

As demonstrated by numerous researchers from the universities of Utah, California both in Irvine and San Diego report that the effects of computer use and the internet are mostly negative. These range from increased stress due to too much information to process, to less social development due to a total dependence on electronic rather than social interactive method. In some cases, an addiction has been shown to be present in heavy users of these technologies especially if they form part of whole livelihood making structures. This was shown to result in increased aggression and venting out on close family and/or friends.

However many the negatives are, the benefits of computers and internet use combined far outnumber them. From medical imaging to entertainment and defense, these benefits clearly demonstrate innovations here to stay. Its positive impacts on the brain being; increased reaction and multiple processing capacities, as demonstrated by game players have been extensively studied. Eyal Ophir, a Stanford researcher showed how all these increases in information and load has lead to tiny adaptations in certain human brains to help them better filter out distractions and juggle problems. This demonstrated the human brain’s ability to rewire itself and attend to changes in its environment, something previously thought nonexistent. All these research is convincing that computers have a profound impact on us in both a negative and positive manner.

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Thomas Kuhn Critiques

Thomas Kuhn Critiques

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Thomas Kuhn Critiques

Thomas Kuhn is considered to have changed the perspective with which the scientific community and public viewed science completely. Once, the history of science used to be viewed as a defined progression from theory towards fact by the addition of more facts until the later was achieved, but afterwards things changed. Kuhn proposed a series of changes, resulting to revolutionary transformations characterized by the views of one scientific period having very little to do with those of the previous. He went forth to question the possibility of science ever finding the truth hence the emergence of what came to be popularly known as Kuhn’s concept of paradigm. This was generally regarded as a rejection of the positivistic notion of progress of knowledge.

Thomas differentiated between different kinds of science based on his concept of paradigm, resulting in two kinds of science; normal and revolutionary science. Normal science is that that was pursued by a group of scientists who shared a paradigm, this being a general consensus among a large group of scientists on concrete solutions to a central problem in their field. These solutions, called ‘exemplars’, formed the basis of their arguments and commitment that wasn’t based on critical testing. It relied upon their training and general experience in the same field. Normal science was also proposed to be rather isolated from outside influences and the paradigms of other scientific fields as well as non scientific values.

Kuhn’s views were criticized mainly for being insufficiently leftist at a time most scientific processes were geared towards a greater social welfare and towards more military and global might than their own repute. In the era of the race to the moon, the Cold War and penicillin as well as DNA, advancing such theories put Thomas Kuhn in the wrong side of public interest, as demonstrated by the heated debate and condemnation directed to his work by Steve Fuller and James Bryant Conant.

In his 1949 book ‘The Origins of Modern Science’, Herbert Butterfield compared the advancement of scientific theory as an optical illusion or visual gestalt, an image that depicts either a rabbit or a duck depending on its viewer. Butterfield’s perspective on the shifting paradigms in science that lead to scientific theory advances were characterized in his statement about ‘picking up sticks’. Here, he described how ‘handling the same bundles of data as before, but placing them in a new system of relations with one another by giving them a different framework’, was comparable to the earlier mentioned visual gestalt. As much as this rabbit-duck example poses a danger to the view of differences in scientific theory advancement as purely based on changing perceptions, it can still be seen how Butterfield’s views were supportive of Kuhn’s concept of paradigms.

In history, as was discussed in class, the first scientific revolution from Galileo to Newton led to an explanatory model of the world as a machine subject to the influences of physical laws under physics and astronomy. Newton’s concept of absolute time and space were later replaced by Albert Einstein’s space-time relativity model and generated a logical contradiction to the claim that any transcendence outside the traditional Newtonian-Galileo ‘closed world’ system would be a miracle or reincarnation itself. As this demonstrates, Einstein’s paradigm provided a crisis acknowledging the concept of paradigmatic revolution by Thomas Kuhn.

A good illustration of Kuhn’s theory of paradigm revolution is found in Biblical studies. In addition, there is a difference between his concepts of ‘paradigm’ and later narratives, including Bacon whose classical scientific methods he rejects. He simply denies that scientific advances were merely a step-by step inductive approach to discovery of the underlying fact. To him, scientific research always takes an approach that is defined by received presupposition or paradigm and convictions produced by previously existent scientific findings. In its received form, the cluster of beliefs and values or standards forming the basis of research while forming the provided framework advance to a whole field of study.

Kuhn’s second preposition, published in his second edition of his then famous literature, was the phrase ‘disciplinary matrix’. Problem solving from a scientific perspective for Kuhn was divided into three types; the paradigm disciplinary matrix, working on those areas that were most directly definitely experimental checks on the theory. All these experiments were still closely controlled by the matrix. Normal science was the second concept that matures when a group of scientists forwards a fundamental theory, inclusive of supporting evidence or data. This according to Kuhn defines the whole scientific revolution. The final concept was that of ‘extraordinary’ science, characterized by anomalies in a certain field that can’t be ignored easily. These anomalies were observed to fall into patterns that followed their own order.

Thomas Kuhn advanced many examples for each of the aforementioned concepts. The most interesting however, was that of the study of electricity where up to the first half of the 18th century, there was no standard theory of electricity. This is shown by the existence of many views back then on the same topic in men like Gray, Hauksbee, DeFay and Watson. Soon however, the theory of electricity became a ‘normal science’ when Benjamin Franklin combined all past theories. Kuhn mentions how James Clark Maxwell introduces a revolution in the second half of the 19th century via his electro magnetism theory, which among others was difficult for contemporaries to comprehend.

 

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