Why Milwaukee free essay sample

â€Å"Where do you want to go to college when you’re older?† my parents asked â€Å"UW Milwaukee, of course,† was my immediate response. But why is that? Is it because it’s a well known business school? Or maybe it’s because both of my parents graduated from there? Oh, or is it the fact the school is in the city with plenty to do? I’ve always been interested in the word of business. I remember when I first saw my dad’s bank when I was 5. I was fascinated when I saw my birthday money go into my savings account and when I saw how the whole place ran behind the scenes. Ever since then I’ve wanted to be a businessman. Even today in my high school business classes I realize this is still the best choice. Not only do I enjoy business, the career choices are ideal. We will write a custom essay sample on Why Milwaukee? or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page And what better place is there to start this path than UWM? UWM is more than just a school to my family. When my grandparents came from Germany all they had was 250 dollars and no English knowledge. They worked hard to make it possible for my mom to get an education at Milwaukee. Both of my parents were the first in their family to complete college and they chose Milwaukee. If it wasn’t for the calculus class my parents met in at UWM I wouldn’t even be here. My parents hard work helped start the tradition of UW Milwaukee in my family and I want to keep it going. I’ve always loved the city. All of the action and things to do is exciting. When I first saw the campus in 4th grade I immediately loved the area. The lakeshore on a nice day is a perfect atmosphere. Then if you travel 5 minutes away you have a big city with museums, sporting events, restaurants, and tons more. What’s not to like about that? The city of Milwaukee is an ideal place to spend my college years in. There are plenty of colleges to choose from but Milwaukee stands out to me the most. The quality of the school, my family connection, and the location can’t be matched by any other school out there. So why Milwaukee? I think a better question is â€Å"How could you not want to go to Milwaukee?† `

The author J.K.Rowling

The author J.K.Rowling had captured the hearts of millions of readers worldwide and she comes back in the 4th book and does it again. The series is basically about an orphan boy whose parents were killed by an evil wizard called by other wizards only as 'He who must not be named'.This may sound like a fairy tale but trust me it's not. The twists and turns in this book will not let you put this book down. It will provide for hours of enjoyable reading. You can call it a mix of Enid blyton's humour and Agatha Christie's suspense. Harry finds out that he is a wizard in the first book and he is taken to a Wizard school by Hagrid, a giant, this book relates his experiences in his 4th yr at Hogwarts (the wizard school). This book is a thriller, a comedy, and a school life story all packed into one. Warner Bros who have bought rights for the first 4 books are going to come out with a movie based on the 1st book in November next year to coincide with the release of the 5th book which ! is in the same month. I just cant wait for the next book by this scintillating author.A small piece of friendly advice .Read the other 3 books before reading this one because it may spoil the surprises of the other books for you. Which book store did you buy the book from?: Fabmart Would you recommend this book to a friend?: Yes

Chalice Wine Essay Example for Free

Chalice Wine Essay Chalice Wine Group is a publicly traded company that, through numerous partnerships, owns and/or operates a number of vineyards and wine manufacturing companies in California’s Sonoma valley. Previously, they enjoyed a time of profitability. Yet in recent years, expansion has saw a decrease in their level of profitability, followed by a repeating period of net income losses. The goal of the case is to determine whether the operation of a small winery can be a profitable venture. Upon reading the Chalice Wine Case, the primary issue that I have identified, is that the management of the company has not crafted a clear and identifiable mission. †¢As currently structured, Chalice Wine Group is attempting to be a â€Å"vertically† integrated company. In this they are attempting to accomplish ever step in the wine business. They are making their own grapes, processing their own grapes, bottling, and lastly shipping them to various distribution outlets. This is fine, as long as they are able to create an extremely efficient model to do so. But unfortunately, as their results indicate, they are not efficient enough to make this current model work. There are a number of possible avenues that Chalice Wine Group needs to explore, among those are: -Why are they paying a price for grapes(from themselves! ) that is so in excess of the market rate? There are currently some transfer issues in place, management needs to explore these costs. -Pressing and manufacturing of the wine: The costs of the machinery involved, is extremely expensive. What is Chalice doing with their equipment during the time periods in which there is no production? How are they utilizing this excess capacity? They can either outsource this to another company, or utilize this capacity to process wine for others. -Shipping and distribution: Why are they handling this process themselves? This is easily something that should be handled outside. †¢Secondly, they wish to be a niche wine provider, by manufacturing a high quality, high cost product. The problem is that this statement essentially contradicts their company’s vertical structure. This is illustrated through examination of some of their shipping/bottling practices and part of their distribution chain. -They do not package and bottle their products according to the same quality standards. For example, they are using different quality bottles and boxes for different products. In this eyes of the consumer, this can be inferred as different levels of wine quality. -Next, the desire to be a small niche provider is a direct contradiction to the thought of distribution through food markets. This alone can allow the consumer to infer a mass marketed, broadly distributed product of lower quality. If they want to be a niche provider, they need to market and distribute themselves as such. Chalice Wine Group needs to decide what kind of company they want to be, and as such, needs to structure themselves in a way that will help best meet that mission and goal in the most efficient manner possible. Chalice Wine. (2017, Mar 18).

Wal-Mart Research Paper Example | Topics and Well Written Essays - 500 words - 1

Wal-Mart - Research Paper Example The competitors were using television advertisements to reach their customers, which was not effective because it was expensive. Wal-Mart obtained time in the television to display their products and to feature them at the low prices that make them very reputable (Soderquist, 2005). This worked because the customers knew the whole range of products and their prices when going to shop in Wal-Mart. Wal-Mart is very popular amongst the low and middle-class income earners. Wal-Mart targets the blue collar and the middle class shoppers who are not used to frequenting the big malls (Soderquist, 2005). This is because of the low prices that they offer to this group of people. Wal-Mart has opened up many outlets including in areas that are normally ignored by other retailers. It is also estimated that approximately quarter of those who frequent Wal-Mart do not have credit cards and are limited to using cash. This is a clear indication that most of the customers who frequent Wal-Mart are the low and middle-income earners. Wal-Mart is also the biggest shopping entity with more than 4,000 stores worldwide, which is twice more than the next competitors have. Wal-Mart, therefore, targets the people with limited financial abilities and those in remote areas whereas most of the competition seeks to impress the upper class members of the society (Blanchard, 2005). What image do they want to convey? Wal-Mart intends to show that it is possible to sell goods cheaply by reducing the costs of production. How do they attempt to position themselves in the minds of consumers in the market? Wal-Mart has positioned itself as the leading retailer in the industry. The low prices that they offer to consumers and ease of accessibility to the consumers are the factors that have made them to be the biggest retailer worldwide. What is their current image in the industry and in the minds of consumers? Most of the consumers

Dimensions of Health Essay Example | Topics and Well Written Essays - 1000 words

Dimensions of Health - Essay Example Even with ongoing debate for and against the definition proposed by WHO, it is clear from this definition that health is an entity with multiple dimensions. This definition envisages three specific dimensions, the physical, mental, and social. These dimensions appear separate, but in reality, they are dynamic and interact with each other. Human behaviour is a common theme in human health. Human behaviour is the resultant of physical and mental factors interacting in complicated ways. The broad categories of factors that may influence individual health behaviour include knowledge, beliefs, values, attitudes, skills, finance, time, and many others. It is important to give serious considerations to the social context, a particular behaviour occurs. Health behaviour refers to those activities that an individual undertakes to avoid disease. These behaviours are dependent on the environmental contexts as well as on emotions and feelings. Most importantly, health behaviour depends on the he alth needs (Hawks et al., 2008, 319-324). Attitudes are acquired characteristics of an individual that are considered to be more or less permanent ways of behaving. An attitude contains three components, a cognitive or knowledge element, an affective or feeling element, and a tendency to action. Thus attitude can be defined as a relatively enduring organization of beliefs around an object, subject, or concept that predisposes to a response in a preferential manner. Most human beings learn attitudes from social interactions, and once they are formed, it is very difficult to change. In the recent time, attitudes are being recognized as very important determinants of health behaviours, and consequently, psychologists and health care professionals are increasingly dwelling on attitude surveys and attitude measurements, since it is becoming clear that healthy attitudes gravitate from parents, teachers, religious leaders, and elders (Nielsen et al., 2004, 28-32). The beliefs and attributions that people hold can influence their health. This can influence health by affecting their behaviour such as food habits and by a direct influence on the physiological system. Although these two modes are not mutually exclusive for the patient, and there is another set of health beliefs and attributions from the health professionals that can affect the health of individuals. These beliefs may influence health decisions and also influence patients' cognitions. Healthcare professionals may influence the beliefs and attributions, hence behaviour of patients by giving them information and through expression of their beliefs about the patient's health and the best way to overcome a particular health problem. Hence health professionals' beliefs about a disease and its management are large factors in influencing the values of the patients and their approaches to the management of illness (O'hea et al., 2005, 705-717). Values are traits such as honesty, loyalty, intelligence, or talent. This is a set of instrumental values. The other conceptions of values as traits include instrumental and expressive tendencies. Values have also been defined as need strengths including achievement, affiliation, and dominance. The contemporary values point towards a person's value-directed preference for quality rather than quantity of life. The values ascertain the strength of

Constitution in Kenya Essay Example for Free

Constitution in Kenya Essay 1.1 INTRODUCTION The agitation for a new Constitution in Kenya was informed by various past historical injustices ranging from economic, social, cultural and civil to political matters. At the political level, issues on centralized and ironfisted governance kept popping year in year out. The passage of the Constitution of Kenya, 2010 on 4 August, 2010 and its subsequent promulgation on the 27 August, 2010 arguably ushered in a new dawn in Kenya not only in governance but also in the various sectors of the Kenyan society.1 Its adoption has been taunted as the greatest milestone Kenyans have ever achieved other than attaining independence in 1963. 2 The joy at the enactment of the Constitution of Kenya 2010 could not be captured in any other better words than as Justices J. W. MWERA, M. Warsame and P. M. MWILU did in Federation of Women Lawyers Kenya (FIDA-K) 5 others v Attorney General another3 where they stated: Only last year and in our early maritime history we constructed a great ship and called it our new Constitution. In its structure we put in the finest timbers that could be found. We constructed it according to the best plans, needs, comfort and architectural brains available. We tried to address various and vast needs of our society as much as possible. We sent it to the people who ratified it. It was crowned with tremendous success in a referendum conducted on 4th August 2010. We achieved a wonderful and defining victory against the â€Å"REDS†. We vanquished them. The aspirations and hope of all Kenyans was borne on 27th August 2010. We achieved a rebirth of our Nation. We have come to revere it and even have affection for it. We accomplished a long tedious, torturous and painful chapter in our history. We all had extraordinary dreams. It is a document meant to fight all kinds of injustices. It is the most sophisticated weapon in our maritime history. As Kenyans we got and achieved a clean bill of constitutional health. However, the honeymoon is over, it is time to do battle with it.4 However, at the launch of the 2011/2012 Annual Report of the Commission for the Implementation of the Constitution (CIC),5 Mr. Charles Nyachae6 remarked : When Kenyans voted for the Constitution of Kenya 2010, they voted for change and transformation in  the way delegated sovereign power is exercised by government. To achieve good governance, there is need for respect for the rule of law and a leadership that meets the requirements chapter six of the Constitution on leadership and integrity. There is no person or institution that is above the Constitution or is excluded from its requirements. All persons and all state organs are bound by the Constitution and its principles. It is therefore disturbing and a recipe for crisis to have individuals and state organs that have failed to respect the Constitution or the law in any form including judgments of the court. The name for such conduct is impunity and impunity is the antithesis for good governance. Thus, this paper delves into how the National Assembly remains the most blatant manifestation of impunity and impediment to the implementation of the Constitution of Kenya, 2010. In this paper, the term Parliament and National Assembly will be used interchangeably to refer to one and the same institution. 1.2 BRIEF HISTORY OF CONSTITUTION MAKING IN KENYA One of the institutions that were created when individuals entered into civil society is the Constitution. Mr. John Mutakha Kangu7 succinctly explains that having invented a life of civic and or political society, the next realization was the need for some form of law and government to regulate the manner in which human beings dealt with each other.8 He further points out that there was need for rules of engagement which could be used to regulate how members of the society relate, not only with each other but also with the common power.9 The Constitution therefore gives the terms and conditions between the people and the government and the relationship between the people themselves. At independence, Kenya adopted the Independence Constitution under the leadership of Mzee Jomo Kenyatta. The most striking feature of this Constitution was the centralized system of government vested in the Presidency. The Executive dictated what was to happen in the other arms of Government, be it the Legislature or the Judiciary.10 With respect to the Judiciary, the President had the discretion of appointing the Chief Justice and the other members of the superior courts of record.11 It is for this reason that some scholars have argued that the appointment of judicial officers was shrouded in mystery.12 The legislature acted as a rubber stamp for any executive action.13 The agitation for a new Constitution began in  earnest in the 1980’s with demands for expanded democratic space at a time when Kenya was a single party state by law. Most of the civil society and human rights groups demanded the repeal of section 2A of the Constitution that made Kenya a de jure one party state.14 Former president Moi’s government bowed to this demand and amended s.2A of the repealed Kenyan Constitution thus ushering in a new era of multipartyism in Kenya. In the 1992 elections, the opposition was di vided thus ensuring Moi’s retention of power by a simple majority. The Ufungamano Group of 1997 is indicative of a serious demand by civil society groups, human rights activists, opposition leaders and members of the Non-Governmental Organizations (NGO’s) for a new Constitution in Kenya.15 The Law Society of Kenya (LSK), the umbrella regulatory body advocates in Kenya, provided Kenya with visual aid and making of the Model Constitution in November 1994 and the government’s opposition to the re-writing of the Constitution became weaker. However, it did not make a concession.16 The government had no trust in the ability of Kenyan lawyers to draft a Constitution for Kenya. It was on 1 January 1995 that president Moi announced that he was inviting Western Constitutional lawyers to assist the country in re-writing the Constitution. The government however did nothing despite the fact that the pressure for the review to begin was mounting.17 The Western countries were also concerned with the blatant laxity in the government towards Constitutional review yet a lot of agitation for review had been made. In May 1996 when the then United States Ambassador to Kenya, Aurelie Brazeal visited the then Attorney General, the Honorable Amos Wako, he ably convinced the government into conceding that the country needed Constitutional review as a matter of urgency. However despite this concession, no step was taken towards the review process.18 It was in 2000 when the government formed the Constitution of Kenya Review Commission (CKRC) to spearhead the Constitution review process.19 The commission began its work in earnest going all over the country collecting and collating views of Kenyans on the Constitution review process. A National Conference was held at the Bomas of Kenya where a draft Constitution that was a product of intense deliberations, compromises and consensus was agreed upon. However, some persons in the Hon. Kibaki’s government retreated to Kilifi where with help of the then Attorney General, the Honorable Amos Wako, radically altered and mutilated the Bomas draft. In  the referendum carried out in November 2005, the government suffered a humiliating defeat as the proposed Constitution was overwhelmingly rejected. The impact of this development was a cabinet reshuffle that threw out all cabinet ministers who opposed the Constitution. These members formed a formidable opposition group preparing Kenya for the most hotly contested election in the Kenyan history. When elections were held in December 2007, very few Kenyans were anticipating the aftermath of that election. Violence engulfed the country immediately the result for the presidential election was announced on the 30 December 2007 leading to the death of more than 1000 persons and the displacement of thousands of others. Dr. Koffi Annan chaired negotiations aimed at reconciling the two warr ing parties, the Party of National Unity (PNU) led by President Mwai Kibaki and the Orange Democratic Movement (ODM) under the leadership of Hon. Raila Odinga. The negotiations yielded the grand coalition government. The government committed itself to the implementation of all the terms and conditions under which the coalition government was founded as dictated by the National Accord and Reconciliation Act, 2008.20The most reformative of this was the Agenda Four that demanded of the government to carry out comprehensive reforms on land, the Constitution and other sectors of the Kenyan society. The adoption of a new Constitution was therefore top of the agenda of the coalition government. The Constitution of Kenya Amendment Act, 2008 was enacted creating a body called the Committee of Experts (CoE) to lead in the writing of a new Constitution. Participation of Kenyans was also comprehensively provided for in the Act. On the 4 August 2010, the proposed Constitution of Kenya was subjected to a referendum receiving an overwhelming endorsement of 67 % of the voters. The promulgation of the Constitution on the 27th August 2010 indeed ushered in a new dawn in Kenya.21 One of the institutions that were apparently aimed at being regulated is the National Assembly. This was informed by the fact that the institution had been used and by extension allowed itself to be used by the powerful Executive arm to rubberstamp actions that were aimed at either mutilating the Constitution or gagging the rights of Kenyans.22 Even as late as 2003, the National Assembly wanted to impose a Constitution on Kenyans yet the foundation of a civilized society is that sovereignty belong to the people.23 Were it not for the intervention of the High Court, the National Assembly could have arrogated to itself the  power to adopt a new Constitution way back in 2004.24 PART II IMPLEMENTING THE CONSTITUTION OF KENYA, 2010 Many Kenyans sighed with relief when the Constitution was promulgated on 27 August 2010 but a few wise people cautioned that ‘adopting the Constitution is a move in the right direction, implementing it is the big deal.’25 It is noteworthy that one of the major players in the Constitution implementation is the National Assembly.26 The big question that this paper seeks to answer is whether the National Assembly has discharged that noble duty as expected. It will be noted that the National Assembly has confirmed the propositions of Karl Marx who in his theory opined that the rich uses the law to protect themselves. 27 WAYS IN WHICH PARLIAMENT HAS BEEN POSITIVE IN IMPLEMNTING THE CONSTITUTION It would be legally impossible if one was to argue that the National Assembly has done nothing in the implementation of the Constitution for to suggest so would mean the Constitution remains completely unimplemented. This part of the paper highlights the achievements of the said institution which have ensured that the letter and the spirit of the Constitution are effectively and faithfully implemented. 2.1 EXERCISING OVERSIGHT OVER THE EXECUTIVE One of the cardinal duties of the National Assembly is to exercise checks and balances over the other arms of the government in general and the Executive in particular.28 This follows from the foundation of a civilized society in which it was agreed that a government had to be formed so as to ensure protection of the welfare of all members of the society.29 It was however noted that if all the state power was left to be exercised by one person, then the said person was likely to be a tyrant.30 It for this reason that Baron De monthesque vehemently argued for a three-armed government so that each of the arms would be a watchdog over the rest.31 It is for this reason that the Constitution of Kenya provides that the National Assembly manifests the diversity of the nation and represents the will of the people.32 The will of the people is said to have been negated when one arm of government makes decisions that are tantamount to the spirit and letter of the Constitution.33 If there is one act by the Executive that generated more heat in the implementation of the Constitution is the President’s unilateral appointment of the Chief Justice (CJ), the Director of Public Prosecutions (DPP), the Controller of Budget (CoB) and the Attorney General.34 These appointments met strong resistance from the ODM side of the coalition which felt that the Prime Minister was not consulted. The press statement released by Hon. James Orengo tells it all.35 Hon. Orengo maintained that the Prime Minister had not been consulted and this amounted to a breach of both the National Accord and the Constitution.36 The bone of contention went from the legality of the appointments to a debate on the meaning of the word â€Å"consultation.† Those in support of the President maintained that consultations need not result in concurrence, whereas those in support of Hon. Orengo were of the converse position.37 The National Assembly through its chair, the Speaker of the National Assembly, Hon. Kenneth Otiato Marende, restored sanity by declaring that the appointments were unconstitutional as the President had not consulted the Prime Minister as required by the Constitution and the Accord.38 This marked a bold move from the legislature in reminding the executive that the law had to be followed. 2.2 VETTING CONSTITUTIONAL OFFICE HOLDERS It has been pointed out above that the people of Kenya exercise their sovereignty through representation by the legislature. Vetting involves interviews that are meant to ascertain if the proposed candidates satisfy both the professional and integrity thresholds set by the Constitution and the enabling laws.39 Public screening of such high ranking state officers40 such as the Chief Justice has seen improved confidence in the Judiciary. The vetting process has also reduced ethnic and regional imbalance in terms of appointments to public service. It has at the same time ensured gender equality in public appointments.41 Parliament’s Constitutional Implementation Oversight Committee (CIOC) unanimously approved the nominations of Dr. Willy Mutunga and Ms.Nancy Barasa as the CJ and DCJ respectively.42 However, the committee faltered when it came to the appointment of Mr. Keriako Tobiko as the DPP. The Parliamentary Committee on Justice and Legal Affairs rejected Mumo Matemu, Prof. Jane Kerubo Onsongo and Irene Cheptoo keino as the Chairperson of the Ethics and Antic-Corruption Commission and deputies respectively and asked Parliament to do the same. The chairman of the Parliament’s Public Accounts Committee, Dr. Bonny Khalwale tabled documents claiming the Mr.Mumo Matemu had failed to collect sh.2.4 Billion in tax arrears from a company while at the Kenya Revenue Authority.43 This transparent process by the National Assembly marked a departure from the Opaque and non-accountable process of appointments in the past. 2.3 ENACTING LEGISLATIONS One of the major duties of the National Assembly is legislation. Implementing the Constitution demands the enactment of a number of legislations.44 One must give it to the National Assembly for having risen to the occasion and enacted laws at least at the right timelines. Questions have however been raised on the quality of some of those legislations.45 The point to note is the primary level is the enactment and the quality or otherwise of law is a secondary one depending on the lens of the critique. A key achievement of Parliament is the enactment of legislations required under the sixth schedule to the Constitution within the requisite timelines. These are legislations touching on matters of Election, security and devolution implemented according to their requisite timelines. However, the National Assembly extended the period prescribed for the enactment of the bills relating to Public Finance Management, Land and County Government. The extension of time was to allow time for more comprehensive public participation and to address what the respective ministries considered to be contentious issues. By 26 August, 2011 which was exactly a year after the promulgation of the Constitution of Kenya 2010, under the fifth schedule to the Constitution and the agreed schedule of bills, the National Assembly had enacted the following pieces of legislation: the Supreme Court Act, 2011,46 the Independent Electoral and Boundaries Commission Act, 2011,47 the Industrial Court Act, 2011,48 the Urban Areas and Cities Act,49 the Environment and Land Court Act, 2011,50 the National Gender and Equality Commission Act, 2011,51 the Ethics and Anti-Corruption Commission Act, 2011,52 the Elections Act, 2011,53 the Kenya Citizenship and Immigrations Act,2011,54 the Commission on Revenue Allocation Act, 2011,55 the Power of Mercy Act, 2011,56 the Vetting of Judges and Magistrate Act, 2011,57 the Judicial Service Act, 2011,58 the Independent Offices(Appointment) Act, 2011,59 the Kenya National Commission on Human Rights Act, 2011,60 the Commission on Administrative Justice Act, 2011,61 the Political Parti es Act, 201162 and the Salaries and Remuneration Commission Act, 2011.63 PART III PARLIAMENT AS A MANIFESTATION OF IMPUNITY AND IMPEDIMENT TO THE IMPLEMENTATION OF THE CONSTITUTION While Parliament has been instrumental in the production of some key reports and holding the Executive to account, it has however been averse to the processes and institutions which seem to be a threat to their selfish political interests. Having given the achievements of Parliament, hereunder are its chief failures. 3.1 MUTILATION OF THE CONSTITUTION One of the sad stories of Constitution making in Kenya has been the blatant mutilation of the Constitution by the very same authority that is supposed to protect and defend it. Some have argued that the independence Constitution was one of the most progressive Constitutions of the time64 yet Parliament in its intention to amass power and please the Executive amended it severally.65 One of such amendments is the 1982 amendment to the Constitution that made Kenya a de jure one party state.66 The net effect of this amendment was decreased democratic space which subsequently led to curtailment of other rights such as freedom of expression, freedom of  speech, and freedom of association. It is noteworthy that Parliament allowed itself to be used by the executive to propagate the authoritarian agenda. It was a great expectation that the enactment of the Constitution of Kenya on 27 August 2010 would be an incentive to Parliament to live by the spirit of the law. It has however dawned on Kenyans that enacting the Constitution was just a single step in reforming Kenya. The bigger and challenging step is a comprehensive implementation of the Constitution. If the number of sub-standard legislations that have been passed by Parliament is to be used as a test on whether Parliament has truly lived up to its duty to protect and defend the Constitution, then Kenyans have been taken for a ride. For instance, when Kenyans found it fit to include a chapter on integrity in the Constitution, they expected that the Legislative arm of Government would actualize its implementation by passing laws on integrity that would satisfy the requirements of chapter six of the Constitution. However, as Karl Marx in his Marxist theory puts it: the ruling class has continued to use the law to propagate its dominance over the lower class; Kenyan Members of Parliament (MPs) gave a practical application of the Marxist theory67 by watering down the spirit and effect of the Integrity Bill.68 The spirit of the Bill was to ensure that only persons of unquestionable character and integrity are appointed or elected to public offices.69 It is a reasonable presumption that only persons of high integrity will respect, protect and implement the Constitution yet the current Kenyan MPs intend to preserve the status quo70 by ensuring that the law serves them.71 The other legislation that was meant restore sanity by bring discipline in the democratic space in Kenya is the Elections Act. In that regard, one of the historical injustices meted against Kenyans by politicians was the culture of party hopping.72 Party hopping not only encourages indiscipline in political parties but also constrains development of political parties in Kenya. As one of the roles of political parties is to nurture democracy, allowing politicians to join political parties and leave at will is a sure ticket to the road leading to death of democracy in Kenya. S.34(8) of the Elections Act, 2011, required that a member should be in the party list on which s/he intends to contest the elections three months before that list is submitted to the Registrar of Political Parties. In other words, one was to be in the party list by 3 October 2012. However, the amendments by the MPs to s. 34(8) of the Elections Act, 2011 now require parties to submit their lists not later than 4 January 2013. In essence, the amendment means that MPs are free to change political parties until 3 January 2013 which is two months to the elections. The chief mover and champion of the amendment to the Elections Act, Hon. Isaac Ruto, submitted flimsy arguments in support of the amendments. He is one record as having said restricting persons from changing their political parties was tantamount to their rights to freedom of expression and association and if the Elections Act was not amended it would affect MPs and Councilors.73 He stated : Considering the large number of legislators and councilors that may be affected, this provision left unamended is likely to distort if not paralyse these key institutions of governance.74 Reasonable as these arguments may sound, they reflect a failure to understand the import of restricting party hopping. It goes against the principle that one cannot have their cake and eat it at the same time. 3.2 ATTEMPTING TO CHANGE THE ELECTION DATE Article 101 (1) of the Constitution of Kenya 2010 expressly provides that a general election of members of Parliament shall be held on the second Tuesday in August in every fifth year. Kenyans unanimously voted for the Constitution of Kenya 2010 on the understanding that the first general elections under the new constitutional dispensation would be held on 7 August 2012. However, three groups emerged with different dates of the first general election under the new Constitution. The first group was of the view that the date of the election is in the year 2013 and specifically between 15th January 2013 and 15th March 2013.The second group was of the view that the  date of the first elections is on the second Tuesday of August 2012 while the third group favoured an election date between October 2012 and December 2012. Meanwhile, Parliament was in the process of enacting the Constitution of Kenya (Amendment) Bill, 2011which inter alia sought to amend articles 101(1), 136(2), 177(1)(a) and 180(1) so as to alter the date of the next general elections from the second Tuesday of August to third Monday of December. Thus, the Independent Electoral and Boundaries Commission (IEBC) filed in the Supreme Court of Kenya Re Independent Electoral and Boundaries Commission75 seeking an advisory opinion on the date of the general elections under the new Constitution. The Supreme Court considered the matter before it and in its ruling delivered on 15th November 2011 stated, in part, as follows: We will be guided by certain principles which have clearly emerged from the submissions: the High Court is, by Article 165(3) (d) of the Constitution, entrusted with the original jurisdiction to hear and determine any question entailing the interpretation of the Constitution; it is the obligation of the Supreme Court, as the ultimate interpreter of the Constitution to protect and reinforce the conferment of first-instance jurisdiction upon the High Court especially when the matter in respect of which an advisory opinion is being sought, is pending before the High Court; subject to those principles, the Supreme Court will exercise its discretion appropriately, on a case-to-case basis, in accepting requests for an Advisory Opinion. We hereby order and direct as follows: (1) We decline to declare that the Supreme Court has the jurisdiction to render an advisory opinion in the instant matter, but decline in exercise of our discretion, to give such an opinion with regard to the date of the next general election. (2) We reserve the reasons to be set out in a ruling upon notice. (3) Responding to the High Court’s request of 13th October 2011 for directions, High Court Petition Nos. 123 of 2011, 65 of 2011 and 185 of 2011 shall be placed before the Constitutional and Human Rights Division of that Court, for hearing on priority and on a day-to-day basis. (4) The aforesaid petitions shall be listed for mention and directions before the Head of the High Court‘s Constitutional and Human Rights Division on 18th November, 2011.† At the same time, three Petitions were filed at the Constitutional and Human  Rights Division of the High Court with the intention of having the High Court determine the date of the first general election under the new Constitution. The three Petitions were consolidated by the order of Honourable Justice Isaac Lenaola, the Head of the Constitutional and Human Rights Division of the High Court on 18 November 2011 into John Harun Mwau v the Honourable Attorney General and 2 others.76 The three Judge bench77 after considering the submissions of counsels for the petitioners, respondents and interested parties, held inter alia: The date of the first elections under the Constitution is determined by reference to section 9 and 10 of the Sixth Schedule as follows; (a) In the year 2012, within sixty days from the date on which the National Coalition is dissolved by written agreement between the President and Prime Minister in accordance with section 6(b) of the National Accord and Reconciliation Act, 2008; or (b) Upon the expiry of the term of the 10th Parliament on the 5th Anniversary of the day it first sat which is designated by Legal Notice No. 1 of 2008 as 15th January 2008. The term therefore expires on 14th January 2013. The elections shall be held within sixty days of 15th January 2013. (c) The body entitled under the Constitution to fix the date of the first elections within sixty of the expiry of the term of the National Assembly or upon dissolution of the National Coalition by written agreement between the President and the Prime Minister in accordance with section 6(b) of the National Accord and Reconciliation Act, 2008 is the Independent Electoral and Boundaries Commission. In view of the court’s finding on the election date, the court did not find it necessary to express its view on the Constitution of Kenya Amendment Bill, 2011 as it also dealt with other issues that were not germane to these proceedings before the court at that particular moment. As legislature was seized of the matter, it would take guidance from the court’s decision or act within its constitutional mandate as it may lawfully wish to do. The Justice and Constitutional Affairs Minister accordingly withdrew the Constitutional amendments that were hoped to be achieved by the Constitution of Kenya Amendment Bill, 2011 given that IEBC had settled for 4 March 2013 as the date of the first general elections under the new  Constitution. 3.3REFUSING TO PAY TAXES One of the salient features and characteristics of the duties and obligations of Parliament before the coming into effect of the Constitution was the Constitutional right of MPs not to pay taxes.78 The Constitution has now done away with that scenario by expressly providing under Article 210 that every person in Kenya must pay tax.79 The Constitution further expressly prohibits any legislation that waives the duty of every person in Kenya to pay tax.80 Some of the proponents of the non-payment of tax argue that by demanding MPs to pay tax, it would be a violation of their rights under the Constitution. They are of the opinion that the National Assembly Remuneration Act81 had to be amended to obligate them pay the taxes. The Hon. Kenneth Marende, the chief proponent of this argument argued that the law was to be followed if MPs were to pay tax. The opponents of the Mps-crusade of non-payment of tax argued that the Constitution is as clear as a crystal with respect to MPs obligation to pay tax.82 The Government appeared divided on this as the then Justice and Constitutional Affairs Minister, the Hon. Mutula Kilonzo agreed with those who heckled the view that Mps had no obligation to pay taxes until after the first General election is held under the Constitution. Other lawyers such as the Supreme Court Lady Justcie Njoki Ndungu were of the view that Mps were not exempt from paying taxes. The blame must squarely lie on Parliament because they refused to provide leadership on this crucial issue. It is even disturbing because the Speaker joined the bandwagon of those opposed to MPs payment of tax. The refusal to provide leadership and by extension the failure to amend the relevant legislations to give effect to the provisions of the Constitution on payment of taxes amounts to impunity exercised against the Constitution and the people of Kenya. A sober reading and interpretation of the Constitution obligates every  person, MPs included, to pay taxes. The Constitution is the supreme law of the land and all other laws must be consistent with it.83 Similarly, the transitional clauses under Clause 7 of the Sixth schedule which reads; â€Å"All laws in force immediately before the effective date continues in force and shall be construed with the alterations, adaptations, qualifications and exceptions necessary to bring it into conformity with this Constitution.† The effective date refers to the date on which the Constitution was promulgated, that is the 27th August, 2010. The National Assembly Benefits and Remuneration Act is subject to the Constitution hence the MPs have a duty to pay taxes. 3.4 ILLEGAL INCREMENT OF MPs SALARIES AND BENEFITS Parliament has for some time now been the only institution that can decide to hike their pay to preposterous amounts without consulting anybody. With the coming into effect of the Constitution, the power to decide the salaries and other benefits of all state officers has been given to the Salaries and Remuneration Commission.84 Members of Parliament are classified as sate officers under the Constitution hence their salaries must be decided upon by the Salaries and Remuneration Commission. The Mps decided early this year to award themselves with hefty send-off packages amounting to Kenya shillings Nine Million per MP with the pretext that they had the right to such monies as a way of thanking themselves for the good work they have done in the past five years.85 It was with the timely intervention of the President that the taxpayers were spared the burden of paying such lofty amounts of benefits to the Mps. 3.5 SUSPICIOUS REJECTION OF PARLIAMENTARY REPORTS The Kenyan Mps have perfected the art of either amending reports or rejection such reports provided those adversely mentioned in the reports either directly or through proxy give out handouts to the MPs. When Parliament debated on the Parliamentary Report on the Sale of Kenyan Embassy in Tokyo Japan, there were glaring accusations that some MPs had been bribed to kill the report.86 The MPs are said to have taken bribes to amend the Report of the depreciation of the Kenya shilling in which report the Governor of the Central Bank had been adversely mentioned.87 The demeanor of some of the MPs told it all as most of those who are normally perceived as talking on behalf the common mwananchi joined the bandwagon of those who supported the amendments to the Report. If the Mps can stoop low as to take bribes of Kenya shillings 5,000, it must be the worst betrayal of the Constitution. 3.6 DISREGARD OF THE MANDATE OF THE COMMISSION FOR THE IMPLEMENTATION OF THE CONSTITUTION (CIC) AND THE CONSTITUTIONAL IMPLEMENTATION PROCESS The Commission for the Implementation of the Constitution (CIC)88 is a Constitutional mechanism established to monitor, facilitate, co-ordinate and oversee the implementation of The Constitution of Kenya 2010. As provided for in the Commission for the Implementation of the Constitution (CIC) Act, 2010,89 the mandate and functions of CIC is to: monitor, facilitate and oversee the development of legislation and administrative procedures required to implement the Constitution; co-ordinate with the Attorney-General and the Kenya Law Reform Commission (KLRC) in preparing for tabling in Parliament, the legislation required to implement the Constitution; report every three months to the Constitutional Implementation Oversight Committee on progress in the implementation of the Constitution and any impediments to its implementation; and; work with each Constitutional Commission and Independent Offices to ensure that the letter and spirit of the Constitution is respected and; exercise such oth er functions as are provided for by the Constitution or any other written law. Regrettably, a number of bills were approved by the Cabinet and subsequently passed by Parliament without being reviewed by CIC. Also, some of these bills were not subjected to public participation as required by the Constitution. A number of Private Members Bills were also published and subsequently debated in Parliament without review by CIC yet they had a direct bearing on the implementation of the Constitution. 3.7 INCLUSION OF UNCONSTITUTIONAL PROVISIONS IN PIECES OF LEGISLATION AND DISREGARD OF THE  DUE PROCESS There were instances in which Parliament introduced unconstitutional provisions in the bills. A case in point is the introduction of unconstitutional provisions in the County Government Bill 2012, which, subject to the operational command structure set out in the National Police Service Act90 or any other National Security legislation, purported to give the Governor the power to chair the County equivalent of the National Security Council as provided in Article 239 (5) of the Constitution.91 This provision contravened Chapter Fourteen of the Constitution, which places the National Security Council under the National Government. Further, National Security is not among the functions of County Governments as set out in Part Two of the Fourth Schedule to the Constitution, hence there is no County equivalent. PART IV 4.1 CONCLUSION From the introduction, parts II and III of this contribution, it can be deduced that the implementation of the Constitution is not just about the enactment of laws. The principle behind legislative oversight of Executive activity is to ensure that public policy is administered in accordance with the legislative intent, and by inference, the citizens’ aspirations. In this context, the legislative function does not cease with the passage of a Bill.92 It is, therefore, only by monitoring the implementation process that parliamentarians uncover any defects and act to correct misinterpretation or maladministration.93 Implementation involves the promotion of Constitutionalism94 and securing the observance by all state organs of democratic values and principles. The task of implementing the Constitution requires the collaboration and co-operation of state and non-state actors.95 Mr. Charles Nyachae at the launch of the 2011/2012 Annual Report of the CIC observed that the greatest danger to the Constitution is posed by Constitutional organs and state officers who ironically carry the greatest responsibility of implementing it.96 He further observes that it is a Constitutional organ and its individual state officers that seek to pass  legislations that clearly violate the Constitution that they swore to protect and some of the laws that they have passed are enemic to the Constitution. However, Kenyans should be cognizant the fact that article 1 of the Constitution of Kenya vests all sovereign power on the people of Kenya and the sovereign power is to be exercised only in accordance with the Constitution. Kenyans may exercise their sovereign power either directly or through their democratically elected representatives.97 No state organ especially the National Assembly should forget that sovereign power belongs to the people of Kenya and the Constitution is the supreme law of the land. Be that as it may, the implementation of the Constitution brought about increased transparency and accountability on the part of the Legislature as well as the Executive. Increased participation by Kenyans in the development of laws and policies marked a key milestone in the implementation process.98 Public participation in the formulation of public policies is a major gain and represents a paradigm shift from the previous dispensation where most public policies were formulated in a boardroom setup devoid of the people’s input.99 In conclusion, as observed by Mr. Charles Nyachae at the launch of the 2011/2012 Annual Report of CIC, even if we had the most perfect laws in the world, in the absence of a culture of constitutionalism, such laws would be rendered useless and become tools of oppression. All laws, regulations and guidelines on ethics and integrity are of little value if individual Kenyans as well as their leaders fail to ascribe in practical terms to ethical values and principles proclaimed in those instruments. He also observed that in the end, it is a sum total of our individual behavior and character that will reflect the nation’s ethics and integrity. 4.2 RECOMMENDATIONS Though Parliament remains the most blatant manifestation of impunity and impediment to the implementation of the Constitution, there are some steps that can be taken so as to ensure that the Constitution is faithfully and effectively implemented. These steps include: 4.2.1 CIVIC EDUCATION It is worth noting that a greater percentage of the Kenyan population is ignorant of the legislative process as well as the Constitutional implementation process. The same explains why some members of Parliament have on several occasions passed pieces of legislations which they later on admitted that they were not aware of what they were voting for. Civic education among the Kenyan citizenry as well as members of the Parliament will go a long way in creating and increasing public awareness on the opportunities, procedures and the rights relating to participation in legislative policy and other Constitution implementation processes. 4.2.2 INCREASING PUBLIC PARTICIPATION IN THE LEGISLATIVE PROCESSES Public access and participation is envisaged in the Constitution of Kenya, 2010. Article 118 (1)(b) provides that Parliament shall facilitate public participation and involvement in the legislative and other business of Parliament and its committees. However, the clandestine manner in which Parliament has been conducting its affairs especially when it comes to increasing its salary and awarding itself hefty send-off packages is what has caused Kenyans to resort to the streets and camp outside the Parliament with a view of having Parliament change its view. Increased public participation in the affairs of Parliament will ensure transparency and accountability. It will also help in fostering confidence and acceptability of the legislations passed by Parliament. 4.2.3 ELECTING GOOD LEADERS The choice of electing leaders lies in the hands of Kenyans. The leaders that Kenyans should chose in the forthcoming elections so as to represent them should be leaders with proven track records. They should be devoid of corruption and unquestionable integrity. This is because it is only leaders of impeccable characters that will ensure the Constitution is implemented to its letter and spirit. 4.2.4 INCREASED VIGILANCE AMONG THE KENYAN CITIZENRY Kenyan citizens should rise to the occasion and promote a culture of Constitutionalism. They should be relentless in their quest of defending the Constitution. This includes the necessary vigilance which will ensure the faithful and effective implementation of the Constitution to the letter and the spirit. Whenever the citizens feel that certain actions of members of Parliament or pieces of legislations contravene the provisions of the Constitution, they should not hesitate to move to the Court to have such actions or legislations declared null and void. With the reformed and revamped Judiciary, the citizens are assured of a fair and just determination by the courts. 4.2.5 ENSURING ALL DRAFT BILLS ARE REVIEWED BY THE CIC At the launch of the 2011/2012 Annual Report of CIC, the Commission recommended that all draft bills are reviewed by the Commission. This is aimed at ensuring that the Acts of Parliament that are enacted conform to the provisions of the Constitution. It is at the same time aimed at ensuring unconstitutional provisions are not included in pieces of legislation as was the case in the introduction of unconstitutional provisions in the County Government Bill 2012. 4.3 REFERENCES 4.3.1 LEGISLATIONS 1. The Constitution of Kenya 2010. 2. The Repealed Kenyan Constitution. 3. The Constitution of Kenya (Amendment) Act No.7 of 1982. 4. The Constitution of Kenya Review Act No.5 of 2000. 5. The Commission for the Implementation of the Constitution Act No. 9 of 2010. 6. The National Accord and Reconciliation Act, 2008 7. The National Assembly Remuneration Act, CAP 5, Laws of Kenya. 8. The Constitution of Kenya Amendment Act, 2008. 9. The Political Parties Act No.11 of 2011. 10. The Elections Act No.24 of 2011. 11. The National Assembly Remuneration and Benefits Act, CAP 5, Laws of Kenya. 12. The Constitution of Kenya (Amendment) Bill, 2011. 4.3.2 CASES 1. Federation of Women Lawyers Kenya (FIDA-K) 5 others v Attorney General another [2011] eKLR. 2. John Harun Mwau v the Honourable Attorney General and 2 others (2012) eKLR. 3. Re Independent Electoral and Boundaries Commission, Supreme Court Constitutional Application No. 2 of 2011. 4. Rev. Dr. Timothy Njoya 6 Others v Attorney General 4 Others (2004)1 KLR 261. 4.3.3 BOOKS 1. Baron de Montesquieu, (1748). The Spirit of the Laws. 2. Gibson Kamau Kuria, Building Constitutionalism: Defining the Jurists Province and tasks: How to Mobilize a Constituency of Citizens, pp 47 3. Paralegal support Network, The Paralegal’s Handbook. 4. The Kenya Human Rights Commission in Lest we Forget : Faces of impunity in Kenya (2011) 5. Lloyd of Hamsted Freeman, MDA Lloyds Introduction to Jurisprudence (8th ed, 1957) 1129-1199. 6. PLO-Lumumba, ‘Some Thoughts on Constitutional Principles in the Review Process’ in T.O. Ojienda (ed), Constitution Making and Democracy in Kenya, (2003). 7. Prof. Hamilton Okoth-Ogendo, H.W.O. (1996) â€Å"Constitutions without Constitutionalism: Reflections on an African Paradox†, in Zoethout, C.M. et al (eds), Constitutionalism in Africa. A quest for autochthonous principles, Gouda: Quint Deventer , pp 3-25. 4.3.4 JOURNALS 1. Korwa G. Adar and Isaac M Munyae, ‘Human Rights Abuse In Kenya Under Daniel Arap Moi, 1978-2001,’ African Studies Quarterly. The online Journal for African Studies. 2. Mutakha Kangu ‘Social Contractarian Conceptualization of the Theory and Institution of Law and Governance,’ (2007) 2Moi University Law Journal. 4.3.5 INTERNET SOURCES 1. Alphonce Shiundu and Peter Leftie Why Kenyan MPs will not pay tax on allowances yet September 24 2010 at 22:00 Daily Nation Online Edition. Available at http://www.nation.co.ke/News/politics/Why-Kenyan-MPs-will-not-pay-tax-on-allowances-yet-/-/1064/1017710/-/item/1/-/14gkivv/-/index.html. . 2. Alphonce Shiundu , Shakir Shabbir: MPs were bribed to save CBK boss, Saturday Nation. Saturday, March 10 2012 at 22:30. Daily Nation Online Edition. Available at http://www.nation.co.ke/News/politics/Shabbir-MPs-were-bribed-to-save-CBK-boss-/-/1064/1363750/-/item/1/-/x639yvz/-/index.html . 3. John Ngirachu, Vetting: Tobiko scrapes through Thursday, June 9 2011 at 15:02 Online Nation Edition. Available at http://www.nation.co.ke/News/Panel-clears-MutungaBarasa-and-Tobiko/-/1056/1177764/-/ioc088/-/index.html. 4. Justice Isaac Lenaola Public Participation in Judicial Processes .Available ata

Voodoo :: Essays Papers

Voodoo It is often presumed that within a slave society everyone has the same deprived status as the "Other" for the colonial masters, but recent studies have begun to examine the power structures within the slave community itself. Herbert Klein, in African Slavery in Latin America and the Caribbean (1986), has pointed out that knowledge was an important granter of status in the slave community. Knowledge of African ways or customs, or even in some cases elite status transferred directly from Africa gave some slaves a leverage in their community in contrast with their official status. The same occurred with many of the male and female Africans who were part-time religious, health and witchcraft specialists, most of whom had a status inside the community completely unrecognised by the master class. The historian John Blassingame, in The Slave Community (1972), has said: Whatever his power, the master was a puny man compared to the supernatural. Often the most powerful and significant individual on the plantation was the conjurer. Voodoo is a syncretic system derived from deeply rooted Africanist beliefs and colonial French Catholicism. African-American religious systems and subcultures can be seen in Haiti, Jamaica, Trinidad, and other Antillean areas. In the Fon language spoken in Benin, vodun means an invisible force, terrible and mysterious, which can meddle in human affairs at any time. As a reaction to being torn violently from their roots, the slaves tried to resume their cultural and religious traditions. Ancestral spirits, forces called supernatural, were invoked and celebrated in secret, far from the master's eyes, yet in the shadow of the Church, as the worship of saints and the Catholic sacraments served as a screen and a support for African beliefs. The creation of a coherent belief system was extremely important in the development of a feeling of cohesion among the slaves which would provide them with a sense of self and community. The process of syncretization among the African religions helps to explain why those cults found it relatively easy to accept and integrate parts of Christian religious belief and practice into the local cult activity. Initially this integration was purely functional, providing a cover of legitimacy for religions that were severely proscribed. But after a few generations a real syncretism became part of the duality of beliefs of the slaves themselves, who soon found it possible to accommodate both religious systems. The conjurer in African-American culture is frequently referred to as a "two-headed doctor," a person of double wisdom who carries power as a result of his or her initiation into the mysteries of the spirit.

Stephen King, Christine – Text Analysis

Stephen King is perhaps the most widely known American writer of his generation, yet his distinctions include publishing as two authors at once: Beginning in 1966, he wrote novels that were published under the pseudonym Richard Bachman. When twelve, he began submitting stories for sale. At first ignored and then scorned by mainstream critics, by the late 1980’s his novels were reviewed regularly in The New York Times Book Review, with increasing favor. Beginning in 1987, most of his novels were main selections of the Book-of-the-Month Club, which in 1989 created the Stephen King Library, committed to keeping King’s novels â€Å"in print in hardcover. † King published more than one hundred short stories (including the collections Night Shift, 1978, Skeleton Crew, 1985, and Nightmares and Dreamscapes, 1993) and the eight novellas contained in Different Seasons (1982) and Four Past Midnight (1990). King has published numerous articles and a critical book, Danse Macabre (1981). King’s detractors attribute his success to the sensational appeal of his genre, whose main purpose, as King readily confesses, is to scare people. Like Edgar Allan Poe, King turned a degenerated genre — a matter of comic-book monsters and drive-in films—into a medium embodying the primary anxieties of his age. He is graphic, sentimental, and predictable. His humor is usually crude and campy. His dark fantasies, like all good popular fiction, allow readers to express within conventional frames of reference feelings and concepts they might not otherwise consider. is vision articulates universal fears and desires in terms peculiar to contemporary culture. King is â€Å"Master of Postliterate Prose,† as Paul Gray stated in 1982—writing that takes readers mentally to the films rather than making them imagine or think. On the other hand, King’s work provides the most genuine example of the storyteller’s art since Charles Dickens. He has retu rned to the novel some of the popular appeal it had in the nineteenth century and turned out a generation of readers who vastly prefer some books to their film adaptations. He encountered two lasting influences, the naturalist writers and contemporary American mythology. Stephen King may be known as a horror writer, but he calls himself a â€Å"brand name,† describing his style as â€Å"the literary equivalent of a Big Mac and a large fries from McDonald’s. † His fast-food version of the â€Å"plain style† may smell of commercialism, but that may make him the contemporary American storyteller without peer. From the beginning, his dark parables spoke to the anxieties of the late twentieth century. King’s fictions begin with premises accepted by middle Americans of the television generation, opening in suburban or small-town America—Derry, Maine, or Libertyville, Pennsylvania—and have the familiarity of the house next door and the 7-Eleven store. The characters have the trusted two-dimensional reality of kitsch: they originate in cliches such as the high school â€Å"nerd† or the wise child. From such premises, they move cinematically through an atmosphere resonant with a popular mythology. King applies naturalistic methods to an environment created by popular culture. This reality, already mediated, is translated easily into preternatural terms, taking on a nightmarish quality. King’s imagination is above all archetypal: His â€Å"pop† familiarity and his campy humor draw on the collective unconscious. As with his fiction, his sources are the classic horror films of the 1930’s, inherited by the 1950’s pulp and film industries. He hints at their derivations from the gothic novel, classical myth, Brothers Grimm folktales, and the oral tradition in general. In an anxious era both skeptical of and hungry for myth, horror is fundamentally reassuring and cathartic; the tale-teller combines roles of physician and priest into the witch doctor as â€Å"sin eater,† who assumes the guilt and fear of his culture. Christine †¢ In Christine, the setting is Libertyville, Pennsylvania, during the late 1970’s. The monster is the American Dream as embodied in the automobile. King gives Christine all the attributes of a fairy tale for â€Å"postliterate† adolescents. Christine is another fractured â€Å"Cinderella† story, Carrie for boys. Arnie Cunningham, a nearsighted, acne-scarred loser, falls â€Å"in love with† a car, a passionate (red and white) Plymouth Fury, â€Å"one of the long ones with the big fins,† that he names Christine. An automotive godmother, she brings Arnie, in fairy-tale succession, freedom, success, power, and love: a home away from overprotective parents, a cure for acne, hit-andrun revenge on bullies, and a beautiful girl, Leigh Cabot. Soon, however, the familiar triangle emerges, of boy, girl, and car, and Christine is revealed as a femme fatale—driven by the spirit of her former owner, a malcontent named Roland LeBay. Christine is the medium for his death wish on the world, for his all-devouring, â€Å"everlasting Fury. † LeBay’s aggression possesses Arnie, who reverts into an older, tougher self, then into the â€Å"mythic teenaged hood† that King has called the prototype of 1950’s werewolf films, and finally into â€Å"some ancient carrion eater,† or primal self. As automotive monster, Christine comes from a variety of sources, including the folk tradition of the â€Å"death car† and a venerable techno-horror premise, as seen in King’s â€Å"Trucks† and Maximum Overdrive. King’s main focus, however, is the mobile youth culture that has come down from the 1950’s by way of advertising, popular songs, film, and national pastimes. Christine is the car as a projection of the cultural self, Anima for the modern American Adam. To Arnie’s late 1970’s-style imagination, the Plymouth Fury, in 1958 a mid-priced family car, is an American Dream. Her sweeping, befinned chassis and engine re-create a fantasy of the golden age of the automobile: the horizonless future imagined as an expanding network of superhighways and unlimited fuel. Christine recovers for Arnie a prelapsarian vitality and manifest destiny. Christine’s odometer runs backward and she regenerates parts. The immortality she offers, however—and by implication, the American Dream—is really arrested development in the form of a Happy Days rerun and by way of her radio, which sticks on the golden oldies station. Indeed, Christine is a recapitulatory rock musical framed fatalistically in sections titled â€Å"Teenage Car-Songs,† â€Å"Teenage Love-Songs,†and â€Å"Teenage Death-Songs. † Fragments of rock-and-roll songs introduce each chapter. Christine’s burden, an undead 1950’s youth culture, means that most of Arnie’s travels are in and out of time, a deadly nostalgia trip. As Douglas Winter explains, Christine reenacts â€Å"the death,† during the 1970’s, â€Å"of the American romance with the automobile. † The epilogue from four years later presents the fairy-tale consolation in a burnedout monotone. Arnie and his parents are buried, Christine is scrap metal, and the true Americans, Leigh and Dennis, are survivors, but Dennis, the â€Å"knight of Darnell’s Garage,† does not woo â€Å"the lady fair†; he is a limping, lackluster junior high teacher, and they have drifted apart, grown old in their prime. Dennis narrates the story in order to file it away, all the while perceiving himself and his peers in terms of icons from the late 1950’s. In his nightmares, Christine appears wearing a black vanity plate inscribed with a skull and the words, â€Å"ROCK AND ROLL WILL NEVER DIE. From Dennis’s haunted perspective, Christine simultaneously examines and is a symptom of a cultural phenomenon: a new American gothic species of anachronism or deja vu, which continued after Christine’s publication in films such as Back to the Future (1985), Peggy Sue Got Married (1986), and Blue Velvet (1986). The 1980’s and the 1950’s blur into a seam less illusion, the nightmare side of which is the prospect of living an infinite replay. The subtext of King’s adolescent fairy tale is another coming of age, from the opposite end and the broader perspective of American culture. Written by a fortyish King in the final years of the twentieth century, Christine diagnoses a cultural midlife crisis and marks a turning point in King’s career, a critical examination of mass culture. The dual time frame reflects his awareness of a dual audience, of writing for adolescents who look back to a mythical 1950’s and also for his own generation as it relives its undead youth culture in its children. The baby boomers, King explains, â€Å"were obsessive† about childhood. â€Å"We went on playing for a long time, almost feverishly. I write for that buried child in us, but I’m writing for the grown-up too. I want grownups to look at the child long enough to be able to give him up. The child should be buried. † â€Å"sometimes ownership can become possession† The story is set in a middle-class suburb of Pittsburg, in 1978. Dennis Guilder and Arnie Cunningham vie for the attentions of the new girl in town, Leigh Cabot. But when Christine, a 1958 Plymouth Fury, enters the picture, the course of action changes drastically. As Leigh neatly observes, â€Å"cars are girls†. Arnie’s love affair with Christine turns from a love song to a death song. As soon as he sees her he wants her. Her name is Christine, she is 1958 Plymouth Fury, and Arnold Cunningham has fallen head over heels in love with her. Arnold's best friend Dennis Guilder is not quite so impressed by the rusting rolling iron with the custom paint job. Dennis looks at the cracked windscreen and the damaged bodywork, the flat tyre and torn upholstery, and his heart sinks even before he notices the pool of oil underneath the car. Arnie might as well be looking at a different car though. He sees something else. Maybe a little of what the car once was, and perhaps a little of what it could be if the work was put in. He is a man in love and first loves can often become all consuming things. There is nothing that Dennis can do to stop Arnie from buying Christine and in the end he goes along with his life-long friend. He lends him some money towards a deposit on the car and even takes him to pick the car up, the next day, after work. Sometimes the company a person keeps can have an effect on them and almost from that very first meeting between Arnie and Christine Dennis can see changes in his best friend. Some of them good, like the fact that his acne seems to be miraculously clearing up. The other changes though, are not so positive in nature. Arnie's whole attitude takes a turn for the worse and he develops an uncharacteristic mean streak. All of his life Arnie has been the guy who was targeted by the bullies of this world, but when Buddy Repperton takes a jack handle to one of Christine's lights the worm not only turns, but turns on Repperton leaving him with a bloody nose and a score to settle. As I clocked up the chapters in Christine I watched Arnie's relationship with his parents and with his friend Dennis start to fall apart; and his relationship with the beautiful Leigh Cabot form and then fail. It was all because of the car and from the very first chapter, as a reader, I was aware that there was something not quite right about that Plymouth Fury. Christine is just a little under 600 pages long. It is written in memoir form and is split into the three parts. Part one, Dennis Teenage Car Songs, is written in the first person and from Dennis' point of View. In part two, Arnie Teenage Love songs, Dennis is still telling the story, but it is now written in the third person because all of the events in that part of the book occurred while Dennis was lying in a hospital bed and does not concern things that he experienced first-hand. For part three, of the book, Christine Teenage Death Songs, the story returns to the first person perspective because Dennis is on his crutches and out and about, all be it at a bit of a hobble. A nice touch to Christine is that every chapter opens up with a few lines from a different song that involves cars, which is probably why the three parts of the book are named the way that they are. I enjoyed Christine. King brings all of the characters to life for his readers and it was easy for me to look at Arnie's mother, for instance, through both Arnie and Dennis' eyes and think: what a bitch! But it was just as easy for me to look through the mother's eyes and feel the pain and fear as she watched her family being torn apart. The characters seem real and the unreal situations feel real.

Cultural Diversity in the Healthcare Field

Cultural Diversity in the Healthcare field The Many Faces of Healthcare Cultural Diversity in the Healthcare Field Carl Hooks Rasmussen College Author Note This research is being submitted on September 16, 2010, for Vicky Philips English class at Rasmussen College by Carl Hooks Cultural diversity in the medical field is, at times, greatly hindered because of religious beliefs, language barriers, and the hierarchies of diverse cultures and these have the propensity to affect the continuity of care for the patients. â€Å"Every person has different aspects that constitute their identities, according to how they see themselves†¦.This means that seeing an individual in terms of their identity can be unproductive. † (Weaver, 2009). Nursing personnel, in particular, have to take into consideration any and all cultural differences between the patient and the nursing staff. These differences vary in as many ways as there are different ethnic groups in any particular area. Religio us beliefs can hinder the nursing care of patients. There are many different religious beliefs in as many different religions. The religious belief most common in the United States, of course, is the Jehovah Witness who refuses transfusions.This religion has a strong belief in preserving the soul before the body. Other religions have other beliefs that we may not understand, but need to respect and try to work around to care for the patient. â€Å"If people believe it is God who confers both health and illness, it may be very difficult to get them to take their medication or change their behavior†¦. they would see no point worrying about high blood pressure or bacteria when moral behavior is the key to good health. † (Galanti, 2001). This kind of belief will impede the medical staff and their approach to a medical cure.Whenever possible, staff should attempt of incorporate both religious beliefs and medicine to care for the patient. For the most part (miracles do happen) , religious beliefs can delay the care and health of the patient, and leaves the health professionals with a huge dilemma about what to do, and greatly delays the healing process. To understand how religion plays a role in the care given to the patient is to give better care for our patients. Consequently, the vast majority of people do believe in some sort of religion, whether it is God or some other higher power. Cultural factors stemming from religious beliefs and practices can have an intense impact on health. † (Abdoul and Abdoul, 2010). There may come a time when the medical staff has to provide a towel (prayer matt) and a quiet place to pray to a culture that does not consider the common hospital chapel an appropriate place to pray.In some religious, â€Å"It is commonly believed that illness is sent from God as retribution for sins since God is viewed as the afflicter as well as healer. † (Abdoul and Abloul,2010). Food also plays a big part in some religions whi ch go beyond the traditional Jewish mother’s chicken soup. †¦. it is important to know that religious beliefs and practices can influence food choice, as there may be individuals within a group that observe strict dietary requirements. † (Black, 2010). All religious back grounds should be taken into consideration and, whenever possible, be provided for, and this will aid in promoting effective health care. Language barriers pose great difficulties when communicating with patients. It is imperative that both patient and nursing staff understand exactly what is being said. For this reason an appropriate trained or certified interpreter should be utilized whenever possible.Health care workers are experiencing more language difficulties than ever before. â€Å"Fully 54 million Americans†¦. roughly 20 percent of the population†¦. do not speak English at home. † (Armand and Hubbard,2010). With the exception of California, Texas, and Florida, which have o ver 43 percent of the population, that are classified LEP (limited English proficient). The interpreter should be trained to interpret on the patients behalf. Family members, at times, can be of great assistance, but then HIPPA comes into play.The patient may not want a particular family member to know about their health problems. The language barrier does inhibit sufficient care, and this should be addressed with the utmost of care and consideration for both the medical staff and patient. Insuring that the patient fully understands what is being done to them is of great importance. As patients, they have the right to understand what is being done and why. Informed consent must be given; the patient should be able to repeat what they have been informed of before the procedure is done. Currently â€Å"only 33 percent of U.S. hospitals have quality improvement efforts underway to improve the quality of their language access programs. † (Armand and Hubbard, 2010). The goal of th e interpreter is to assure that the LEP patient has no doubts or concerns and totally understands what is going to happen, why, and any options they may have. Understanding the hierarchy of the family is imperative in understanding the functions of the family unit. With some familiarity with the different cultures in a given community, a medical professional will be able to ascertain who the head of the household is.The head of the household differs from culture to culture, as such, â€Å"misunderstandings which include but are not limited to the involvement of the male in all aspects of health care for his wife and children; the assimilation of children into all aspects of life; female humility; the subordinate status of women; and the strong emphasis on traditional female role. (Abdoul and Abdoul, 2010). By defining who the head of the household is and giving them the respect they deserve will be paramount in a speedy recovery for the patient.As the head of the household is ident ified, it is very important that they are included in all of the decisions made on behalf of the patient. If and when the controlling person is not readily available, all efforts should be exercised to contact that person. In rare life threatening conditions should medical personnel proceed without that persons consent, the head of the household should be given adequate time to discuss procedures with the patient should they require this. His/her decision should be respected when they decide what is appropriate for their family member.Given the most pertinent information and options, the family can then make an informed decision and the respect of the hierarchy of the family has not been compromised. All diversities should be taken into consideration when caring for a patient. By understanding what importance the patient puts on their culture, the medical staff can better serve the patient. â€Å"Hospitals can be a source of stress and frustration for patients and their families, s ince they are most vulnerable when they are there and are placed at the mercy of values and beliefs not of their own. † (Galanti, 2001).Making a patient aware that medical staff understands and will do all that is possible to adhere to their cultural differences can only aid in providing the best health care possible. A care plan is always done for patients when they are admitted to the hospital. While formulating a care plan, the nurse should always consider and provide for the cultural differences of the individual. The care plan should be reviewed by all staff that participates in the care of the patient. The care plan should be discussed with the patient and family to assure that all aspects of their cultural practices have been addressed.If this is not done, then the patient’s outcome can be greatly hampered. Cultural diversity in the medical field, at times, can be greatly hindered because of religious beliefs, language barriers, and the hierarchy of diverse cultu res, and these have the propensity to affect the continuity of care for the patient. All aspects need to be considered to assure that the most efficient care be given on behalf of the patient.References ABOUL-ENEIN, B. , & AHOUL-ENEIN, F. (2010). THE CULTURAL GAP DELIVERING HEALTH CARE SERVICES TO ARAB AMERICAN POPULATIONS IN THE UNITED STATES. Journal of Cultural Diversity, 17(1), 20-23. Retrieved from Health Source: Nursing/Academic Edition database Armada, A. , & Hubbard, M. (2010). Diversity in Healthcare: Time to Get REAL!. Frontiers of Health Services Management, 26(3), 3-17. Retrieved from EBSCO MegaFILE database. Black, P. (2010). Cultural and religious beliefs in stoma care nursing. British Journal of Healthcare Assistants, 4(4), 184-188. Retrieved from CINAHL Plus with Full Text database. Weaver, D. (2009). Respect the diversity and difference of individuals. Nursing & Residential Care, 11(12), 590-593. Retrieved from CINAHL Plus with Full Text database.

Public Health Communication Quit Smoking

Public Health Communication Quit Smoking Smoking is considered to be one of the most burning problems of modern society. Cigarettes kill so many people each year that it turns out to be very difficult to present concrete numbers concerning how many Americans die because of smoking. People know a lot about the risk of dying because of lung cancer, caused by smoking, however, they still continue smoking and do not pay attention to really useful information and warnings. To my mind, observing the effects of smoking by means of pictures should help to evaluate how dangerous smoking could be and what should be done to prevent deaths because of smoking.Advertising We will write a custom essay sample on Public Health Communication: Quit Smoking specifically for you for only $16.05 $11/page Learn More Picture #1 The approaches, I choose to evaluate the problem of smoking, present a clear picture of smoking and its effects on people. A smoldering cigarette (Picture # 1) does not present certain danger; and even when a person smokes (Picture # 2), people do not feel any fear or loathing. However, when we see an embryo with a cigarette (Picture # 3) and comprehend how smoking is dangerous to unborn children, some terrible emotions appear, and smoking does not seem so simple and harmless. This is why the only thing people should do is to quit smoking and start smiling (Picture # 4). Picture #2 A smoker promotes own life’s end; this person does not have a face or even gender (Picture # 2). Smoking is dangerous to people and deprives them from a chance to live long and happy. The tone of my message by means of these photos is not about fear, but about the reality that is around people. It is about smoking as something integral to this life, as something that has a certain impact even on not yet born people. This is why, in order to prevent a disaster, we should quit smoking, become healthy, and start smiling. These photos create a kind of emotional imagery that demonstrates how infl uential smoking can be. Picture #3 The audience for these photos may be rather different: teenagers, who find smoking not dangerous; mothers, who should care about their future and current children; old people, who should serve as good examples and promote young people to drop this terrible habit. In fact, these pictures can be interesting and useful to everyone from different places, who are just interested in making this world healthier and safer. Smoking is a disaster, and people should be ready to fight against it.Advertising Looking for essay on health medicine? Let's see if we can help you! Get your first paper with 15% OFF Learn More Picture #4 The Pictures # 2 and 4 are taken from the Internet; the Picture # 3 is from one scientific web-article that tells how smoking is dangerous to kinds. The Picture # 1 is taken from a local campaign. The person, who smokes this cigarette, does not want to be recognized, because he is not proud of what he is doing and thinks how to drop this bad habit soon.

Kant and Singer Essay Example | Topics and Well Written Essays - 1000 words

Kant and Singer - Essay Example It does not dictate equal treatment of all interests, in the belief that different interests guarantee different treatment (Singer 26). Human beings, therefore, give significant interests priority over minor interests. Apart from justifying different treatment for different interests, this principle calls for different treatment of the same interest where diminishing marginal utility is a factor. This philosophy of Singer requires the concept of impartiality while comparing interests. Singer asserts that a person’s interests must always be weighed according to the person’s existing properties. The major interests in human beings are those that satisfy the basic need for food and shelter, develop one’s abilities, avoid pain, and enjoy warm personal relationships and those that allow a person to pursue his or her project without interference. These major interests entitle a person to equal consideration in the capacity of happiness and suffering. Singer’s approach favors a model of life where he measures the minor interest from their wrongness of frustrating the goals of life. Singer argues that eating of animals and using them for scientific research is morally indefensible (Singer 48). From his perspective, like human beings, animals have interests and are, therefore, sentient. More so, since animals have interests, they are entitled to moral consi deration. Every genuine interest should be treated with the same weight, regardless of whether it is an animal or human being. He describes eating animals as an unnecessary imposition of pain and suffering upon animals. Human beings satisfy their dietary preferences by inflicting such pain on animals, but beyond that, no good comes of it. This gets based on the fact that even heavy consumption of meat poses serious health dangers to human beings. Singer views the use of animals in a scientific experiment as a morally defensible act in the fact that it produces knowledge and in particular medical research. Since medical research produces cures for diseases, there are more goods to be balanced against the pain and suffering of animals. This benefit is much better than the human satisfaction obtained from meat consumption. Singer’s view is based on moral reasoning based on a cost-benefit analysis. Singer’s view on euthanasia and abortion are consistent with his general et hical principles. Singer categorizes euthanasia into non-voluntary, voluntary and involuntary. Singer only consents to voluntary euthanasia in the fact that there are no other interests to be weighed against the interest of a person. In Singer’s view, abortion is wrong in that it is the killing of an innocent human life. This argument is deductively valid in that a fetus becomes a human being from the point of conception (Singer 98). Although Singer finds this argument flawed from the fact that child development is a gradual process, the validity still lies in the fact that life as a journey starts at the point where life begins; conception. Singer states that the arguments for or against abortion should be based on a utilitarian perspective. This perspective compares the interests of a woman against the interest of the fetus. He believes that any interest sought to be gained or avoided; despite all the harm or benefits caused corresponds directly to a person’s satisfa ction or frustration. He argues that, at around eighteen weeks, a fetus has no ability to experience sensations like satisfaction or frustration which is a prerequisite to having any interests (Singer 63). Therefore, from a utilitarian perspective, nothing can be weighed against a woman’s interest to have an abortion. As a result, abortion is morally permissible. Immanuel Kant

Discuss the reforms of Solon and Cleisthenes . what were the problems Essay

Discuss the reforms of Solon and Cleisthenes . what were the problems in Athenian society that made reform necessary how did th - Essay Example Additionally, Solon divided society into four classes—each of which were based on wealth. The two highest classes were allowed to serve on the Areopagus, which was the highest council of Athens. The third class were permitted to serve on elected councils, and the lowest class was able to take part in the assembly, which brought affairs to the elected council. On the other hand, Cleisthenes developed a constitution in order to make Athens a democracy. Cleisthenes is commonly referred to the founder of democracy in Athens for this very reason. This constitution was loosely based on the ideas of Solon, but Cleisthenes expanded on them. As part of the new constitution, all men aged 18 years and older were registered as Athenian citizens and became members of their village. This was a significant step in the evolution of Athenian society because these new citizens were each allowed to vote, thus giving them power over elected officials. At that time women were not considered citize ns of Athenian society, and because of this they did not have any voting powers. The council that was established worked as the chief arm of the government and had full executive and administrative power. Any citizen aged over 30 was qualified to be part of this council. Each year the members of the council were picked at random. The Assembly had the power to veto any of the council’s decisions.