Saturday, September 7, 2019

Virtue and Truest Chivalry Essay Example for Free

Virtue and Truest Chivalry Essay Originally Latin, actually spelled â€Å"caballarius and pronounced â€Å"SHiv? lre†, is chivalry. Chivalry is the combination of qualities expected of an ideal knight. Such qualities include honor, courtesy, courage, justice, and willing to assist those in need. If one is chivalrous in character, then one is a gentleman and noble in his good deeds. He would in no manner hesitate to serve others and serve his God. This is evident as Honore de Balzac puts it: â€Å"the motto of chivalry is also the motto of wisdom; to serve all, but love only one. † Chivalry, besides its original usage as â€Å"calvary,† can truly only be delineated in only one way, which is to refer to a virtuous code of conduct. There isn’t any negative connotations to the word either, unless somebody called a fellow thane chivalrous in Old Anglo-Saxon times! Other than that, the only emotional association with the word is generally positive. This noble idea of conduct is constituted of several virtues in spite of the narrow usage of the word. So, how did chivalry come into existence? Journey to the medieval times and you will discover that chivalry was once an existential characteristic of every man sworn into nobility or born into it. These men were knights. Medieval knights battled horseback and practiced outstanding gallantry. Knights were always calvary in battle, and exhibited righteous morals. A group of knights was actually called â€Å"the chivalry† of the militia. They were excelled in sword craft nearly comparable to their high level of graciousness, and could ride a horse well-nigh to the speed of which they are willing to assist a damsel in distress. Chivalry came to be known as the demeanor of an ideal knight, rather than simply a group of knights. As Chaucer puts it in Canterbury Tales, an ideal knight loved chivalry, truth and honor, freedom and courtesy; a very gentle, perfect knight. † Whatever happened to chivalry? Certain writers may say chivalry is dead, or it might just have a bad case of the flu. As long as wrongs are still righted, chivalry will survive. Chivalry cannot and will never die out. It may become exponentially less evident everyday, but underlying all the rudeness and discourtesy, chivalry is there. Chivalry does indeed need to be implemented more and more into society. Every single man’s major desire should be to act magnanimously and reveal a generous and noble state of mind. If every man were to be genuinely chivalrous then hardly would there ever be any cheating, debt, adultery, stealing, or even bad attitudes. Each and every man would be true in their religion, honest, courteous, and would have a burning passion to do what is right. Think of that chivalry based utopian society. A world where people were more worried about humbling themselves rather than raising themselves up would be phenomenal. Modern chivalry should predominate like it did with Sir Lancelot around Queen Guinevere. Contemporary America could learn from John Bowring’s â€Å"Chivalry† poem which reads: â€Å"Now tell me what is chivalry? To battle in the foremost fight For anything—for wrong—for right, For some fair ladys scornful smile, For what is virtuous, what is vile, Come, tell me, is this chivalry? No! in the men for truth who pant, In wretchedness and woe and want, Who bear the worlds contemptuous hate, With patient soul, with heart elate. No! in the woman in whose home No peace is found, no comforts come, Yet bends in silence,—feeling still Tis Gods most kind, most holy will. This—this is truest chivalry! † Chivalry essentially is the essence of all that is good, virtuous, and holy, conglomerated into one admirably cultivated code of conduct to live by.

Friday, September 6, 2019

The Role of Conflict Essay Example for Free

The Role of Conflict Essay In the establishment of leader-follower relationships, harmony is required in order to achieve the best possible results within an organization. But in the real world, perfect harmony is not likely to happen. Leaders and followers have varying degrees of intellect, perception, and principles – and these are the very things that contribute to conflicts in an organization. While conflict can easily be assumed to have a negative effect on a leader-follower relationship, it plays a special role within the community – a role that is as equally important as harmony. The main function of conflicts is to bring out the best in every plan, policy, and method that is implemented by the leader or the group as a whole. Conflicts cause members to voice out their views and opinions to their leaders or other members with the aim of correcting what they think or feel are not right about it. Consequently, this ensures that every step that the group makes passes the strict scrutiny and evaluation of its own members and leaders (Cuban 29). Conflicts challenge the actions of leaders or other group members. People who stimulate conflicts are not necessarily bad for the organization. In fact, conflict indicates that the group is composed of people who are morally involved and committed to all the pursuits that their organization are willing to take. The actual people who seemingly create conflict are there to ensure that all steps taken by the group conforms well within social norms and ideology of the organization they belong to. They are there to protect the interests of the group and make certain that everything is done for its greater glory. They are actually more involved, although in a negative way, than those members who choose not to air out their views, no matter how right they think they are. In essence, conflicts makers benefit the organization more than the member or the leader who is indifferent to what transpires around them (Harolds Wood 203). Conflicts also bring about the best in a leader. Conflicts, whether it is aimed to make the organization good or worse, is an issue that a leader needs to deal with. A capable leader can be evaluated in terms of performance and skills by to his ability to handle conflicts. His ability to remain as a leader can be assessed through the techniques he or she uses to address the problem and the actual solutions he was able to implement (Korabik, et al 409). Works Cited Cuban, Larry. â€Å"Conflict and Leadership in the Superintendency.† Phi Delta Kappan 67.1 (1985): 28-30. Harolds, J Wood, BP. â€Å"Conflict Management and Resolution† J Am Coll Radiol 3.3 (2006): 200-2006. Korabik, Karen, Baril, Galen L, Watson Carol. â€Å"Managers Conflict Management Style And Leadership Effectiveness: The Moderating Effects Of Gender† Sex Roles 29.5-6 (1993):405-420.

Thursday, September 5, 2019

Louis Isadore Kahn Architect: Fisher House

Louis Isadore Kahn Architect: Fisher House Louis Isadore Kahn was born on February 20, 1901 on the Island of Saaremaa, Estonia to Leopold and Bertha Mendelsohn. Upon emmigrating to the state of Philadelphia in the U.S, the early part of the familys life was marked by extreme poverty as Kahns father suffered a terrible back injury which forced the family to lean heavily on the knitted clothing samples produced by Kahns mother for financial stability. In his younger years Kahn had suffered severe burns to his face because he got too close to a collection of burning coals; when asked about why he defied his senses, Kahn said that he was attracted by the beautiful colours of the embers. This tragic accident suggests that Kahn experienced much curiosity from a very young age, for materials and their means, hence why he got so close to the burning coals. It is believed that Kahns first architectural masterpiece was the Yale University Art Gallery (1951-1953). This contribution complemented Kahns modernistic approach because it presented how he interpreted the environment which surrounded that particular area where the Gallery was built. For instance, the interior spaces seemed to evoke an entirely different world from the brash mass-produced outside environment. Kahn achieved this by using standardized panels, suspended ceilings, subtle effects of light falling over the triangulated web of the concrete ceiling and by the direct use of materials, evident in the bare yet elegant concrete piers. Kahns method of design was influenced by his schooling under the Beaux-Arts system at Philadelphia lead by Paul Cret. In Kahns education great emphasis was placed upon the discovery of a central and appropriate generating idea for a building which was to be captured in a sketch, rather like an ideogram. This approach to teaching was supposed to educate young architects with old lessons. This influence appears evident in Kahns work due to the appreciation he presents for the materials. It was supposed that Kahn would talk to the materials being used in his designs. Kahns immersion in the artistic realm was shaped by two individuals, both of whom were products of Thomas Eakins Romantic Realism teaching method, J. Liberty Tadd and William Gray. J. Liberty Tadd, teacher at the Public Industrial Art School, worked directly under Eakins and crafted his teaching style closely to Eakins methodology. Tadd pushed students to ?nd their own means of expression rather than teach through regulated norms. Central High School teacher William Gray studied under Eakins-disciple Thomas P. Anshutz at the Pennsylvania Academy of Fine Arts from 1889-1891. Furthermore Kahn developed a structural-Rationalist emphasis on construction, and in later life several of his strongest ideas relied upon poetic interpretations of basic structural ideas. Kahn had learned much from Le Corbusiers Vers une architecture and learned much from Sullivan and Wright and later from Mies van der Rohe. Kahn had the ability to avoid some of the shortfalls experienced by other major U.S architects; he was capable of handling problems of a large size without degenerating into either an additive approach or an overdone grandiosity. For instance, he knew how to fuse together modern constructional means with traditional methods. Ultimately, this demonstrates Kahns modernistic outlook between the juxtaposing materials and the impression they had on that particular building whilst maintaing the buildings principle function. The Fisher House is an example whereby Louis Kahn demonstrates his modernistic influences yet traditional means of design; this is a prime example where Kahn uses his progressive style of teaching which is expanded on above. Kahn was said to have treated his housing projects as experiments and the Fisher House was no exception. The Fisher family would at times grow tiresome of Kahns constant need to find fault with his design then proceed to start from scratch once again. However, this gave him opportunities to explore many of the unique ideas which he himself had formed. The Fisher House was located on a site which sloped gently down from a main road to a small stream. It consists of three cubes, two large ones connected together and a small, seperate one. These cubes, together with the existing trees, form two inter-connected outdoor spaces: an entrance court and a kitchen court. This idea shows how Kahn utilises the old with the new, for instance the aged trees and new cubic shaped rooms whilst maintaining the use of the rooms. Furthermore two large cubes, connected diagonally, contain two distinct groups of activities. The first cube contains an entrance and the master bedroom suite with dressing room and bathroom on the first floor and two smaller bedrooms on the second floor. The second cube is connected by a large opening to the entrance lobby. The two-story-high first floor contains the kitchen and the living areas seperated by a free-standing stone fireplace. Fisher House This image supports the abstract above, whereby the cubic rooms are designed for particular activities that the Fisher family partake in. The particular design of the building creates a fluidity throughout because each room is lay out in a particular order, which has been carefully thought out by Kahn yet, appears effortless when walking through the house. It shows that Kahn was particularly talented in imagining the final house and how its occupants would use it. The preservation of architecturally significant structures has begun to experience a shift in both style and future use. The tide has shifted towards structures that were both disdained and revered during their time. Modernist structures, while simplistic in form and function, contain a high degree of embedded meaning and significance for the materials used. Kahns use of traditional forms, augmented by the precision of modern technology throughout his work represents his multifaceted approach to design, attempting to appeal to both the psyche and the materials, themselves, in order to maintain their trueness to Form. Kahn was not merely recycling traditionalism, but rather retranslating known forms in both assembly and aesthetics in order to convey a certain aura. To conclude, it could be suggested that Louis Kahn was a significant architect because he was ahead of his time. This was due to to his appreciation for new technology in a changing world, yet upholding the importance of the materials themselves which was a classical portrayal of design. PbS Quantum Dots: Synthesis and Optical Properties PbS Quantum Dots: Synthesis and Optical Properties Sruti Hemachandran Menon Abstract— PbS quantum dots have attracted more attention in quantum dot sensitized solar cells as sensitizers on photoanode because of its high efficiency, high absorption coefficient and broad range of absorption. In this paper, we synthesized PbS quantum dots on the glass substrate coated with TiO2 paste by SILAR (Successive Ionic Layer Adsorption and Reaction) method The quantum dot size was varied by varying the number of cycles and the UV-Vis-NIR Spectrophotometer ,XRD Diffractometer and AFM were used to characterize the quantum dots. Index Terms—Quantum dot sensitized solar cells, quantum dots, SILAR. INTRODUCTION Quantum dot sensitized solar cells are the next generation solar cells because of their ability to absorb more light owing to its high surface to volume ratio, size dependent optical properties, ease of fabrication and low cost. Most of the research has been done for II-VI semiconductor compounds and out of these compounds PbS is found to have more efficiency and more absorption coefficient. Moreover it has high Bohr radius (around 18nm) [1] which gives it stronger quantum confinement and broadens the optical absorption area. PbS quantum dots have wide absorption range covering visible and near infrared,[2]. In this paper, we have focussed on the development of PbS quantum dot layer on the electrode for solar cell application as a photoanode. For maximum electron transport from quantum dot sensitizer to the electrode an intermediate layer of TiO2 is deposited on the glass substrate by Doctor Blade method. The layer after appropriate heat treatment is subjected to the SILAR(Successive Ionic Layer Adsorption and Reaction) process where the lead sulphide quantum dots are deposited by use of appropriate concentration of precursors and proper dipping and rinsing times. The size of the quantum dots are varied by increasing the SILAR cycles. The advantage of SILAR over other techniques is that the synthesis takes place at room temperature and is simple.The optical characteristics and diameter of the quantum dots are characterized by UV-Vis-NIR Spectrophotometer and Contact-mode Atomic Force Microscope imaging. The phase and type of PbS formed is determined by Xray diffractometer. II. EXPERIMENTAL SECTION A. Materials Titanium dioxide(TiO2) nanopowder-20nm anatase phase , 2M nitric acid (HNO3) were required for the preparation of TiO2 paste and methanolic solutions of Lead Nitrate(PbNO3),methanol and sodium sulphide( Na2S) were used for the SILAR process and acetone for cleaning purposes. B. Preparation of TiO2 film The Titanium dioxide paste is prepared by making a mixture of 1.2g of TiO2 nanopowder and 0.6mL of 2M conc. nitric acid (HNO3).This paste is uniformly formed on the glass substrate by doctor blade method in which the TiO2 paste is deposited on one end of the area marked by tapes and uniformly spread by using a blade or a glass slide. The TiO2 coated glass was then dried at 80oC for half an hour followed by annealing at 450oC for 30 mins. This improved the adsorption of the TiO2 film. C. Synthesis of PbS quantum dot on the TiO2 coated glass by SILAR method For coating PbS quantum dots by SILAR method, the TiO2 coated glass is successively dipped in methanolic solution of 0.02M Pb(NO)3 and methanolic solution of 0.02M Na2S for 1 min each. Lower the molarity more dispersed is the quantum dot deposition on the TiO2. Between each dipping the substrate is rinsed with methanol for 1 min and air dried for some time to remove the excess precursors. This is one cycle which was repeated for increasing the quantum dot sizes. Figure 1 shows the colour variation observed with change in the SILAR cycles. It was observed the colour of the film changed from white (TiO2) to reddish black in colour when the SILAR cycle was increased to 4 cycles. With increase in the cycles, the particle size increased and hence the energy bandgap Eg decreased indicated by the colour change in the film.3] Fig.1. Sample images showing the colour changes with increase in the SILAR cycles D. Characterization UV-Vis-NIR spectrophotometer ( Jasco Spectrophoto-meter V670) was used to observe the absorption properties of TiO2 and TiO2 coated PbS quantum dots. The absorption plots were taken using glass slides as the reference and the wavelength range extended from UV to near Infrared. It provided the information like increase in the absorption after depositing PbS and also bandgap information from tauc plot. The Xray diffractometer was used to obtain the diffraction patterns of the TiO2 and PbS films and to identify the phases and type of quantum dot obtained. III. RESULTS AND DISCUSSIONS Structure and Surface Morphology Figure 2a and 2b shows the XRD pattern of glass slide/TiO2 and glass slide/TiO2/PbS film obtained from four SILAR cycles respectively. The pattern shows peaks of glass, TiO2 and PbS. The bulging shape and noisy peaks observed in the XRD is due to the amorphous glass. Also the peaks of TiO2 are more prominent in 2b due to thin coating of PbS. The comparison of TiO2 XRD and JCPSD 21-1272 confirms its anatase phase and tetragonal crystal form. The XRD of TiO2 matches with JCPSD data at 26.3o (011), 37.3o (004), 43.03o (220), 48.08o (020), 53.83o (015), 5.12o (121), 62.5o (400) and 68.8o (331). The XRD of glass slide/TiO2/PbS coincides at 25.3o (011), 37.9o (004), 48.08o (020), 53.93o (015) and 55.12o (121) values of 2ÃŽ ¸ of JCPSD 21-1272 confirming presence of TiO2 anatase form and coincides at 43.09o (220), 62.5o (400), 68.8o (331) values of 2ÃŽ ¸ of JCPSD 05-0592 confirming the cubic form of PbS galena. [4] Fig. 2. XRD Pattern of (a) glass slide / TiO2 showing the presence of tetragonal anatase form of TiO2 (b) glass slide / TiO2 / PbS showing cubic of PbS galena and anatase tetragonal TiO2 Optical Properties The absorption v/s wavelength curve and the tauc plot obtained from UV-Vis-NIR Spectrometer and Diffusive Reflectance Spectrometer respectively are shown in Fig. 3 and Fig. 4. Fig.3. Absorption Curves of (a) TiO2/PbS. Inset:Absorbance v/s Wavelength curve of PbS film (reproduced from ref [5]) (b) TiO2 and TiO2/PbS showing 60% increase in absorption due to deposition of PbS quantum dots. The absorption curve of TiO2/PbS in Fig.3a shows a TiO2 peak at 343 nm along with a peak at 400nm and broad range of absorption which is the peculiarity of PbS quantum dots. This is confirmed from the inset plot reproduced from ref. [5]. PbS quantum dots have absorption edge in the Infrared region which is beyond the range of the plot. Fig.3b shows the absorption difference between TiO2 and PbS coated TiO2. From the curve it is clear that TiO2/PbS absorb more and the percentage increase in the absorption is estimated to be 66.7% from the plot. Fig.4. Tauc Plot of (a) TiO2 showing bandgap of 2.67 eV (b) TiO2/PbS showing the bandgap value of 2.289eV Fig.4a shows the tauc plot of TiO2 which is (ÃŽ ±hÏ…) 0.5 versus hÏ…. This is due to the indirect nature of TiO2. From the plot it can be inferred that the bandgap of the 20 nm TiO2 is 2.67 eV. Fig.4b shows the tauc plot of TiO2/PbS which is the plot of (ÃŽ ±hÏ…)2 versus hÏ….[4] The linearity of the tauc plot confirms its direct transition and the extrapolation of the linear portion on the x-axis gives the bandgap value of 2.289eV. The bandgap thus obtained is more than the bulk bandgap of PbS which is around 0.4eV. This increase is due to the decrease of size as compared to the bulk. The particle size can be estimated from the bandgap value using the empirical formula developed by Iwan Moreels et al. [6] Where Eg is the optical bandgap and d is the estimated size. The estimated size corresponding to the 2.289eV bandgap value is 1.64nm. IV CONCLUSION The photoanode for the solar cell was thus made by depositing PbS quantum dots on TiO2 coated glass substrate using SILAR method. From the spectrophotometer plots, the TiO2/PbS film was observed to give 66.7% more absorbance as compared to only TiO2 film. Also the particle size of 1.64nm was estimated from the tauc plot. The increase in the absorption even with a very small particle size of PbS makes it a very good sensitizer for quantum dot sensitized solar cells as compared to other quantum dots. However the hazards due to its poisonous nature urge the need for a good alternative. REFERENCES [1] Abdelrazek Mousa, â€Å"Synthesis and Characterization of PbS Quantum Dots†, Lund University,2011 [2] Sawanta S. Mali, Shital K. Desai, Smita S. Kalagi, Chirayath A. Betty, Popatrao N. Bhosale, Rupesh S. Devan, Yuan-Ron Mad and Pramod S. Patila , â€Å"PbS quantum dot sensitized anatase TiO2 nanocorals for quantum dot-sensitized solar cell applications† , Dalton Trans., 2012, 41, 6130 [3] Hyo Joong Lee, Peter Chen, Soo-Jin Moon, Frederic Sauvage, Kevin Sivula, Takeru Bessho, Daniel R. Gamelin, Pascal Comte, Shaik M. Zakeeruddin, Sang II Seok, Michael Gratzel and Md. K. Nazeeruddin, â€Å"Regenerative PbS and CdS Quantum Dot Sensitized Solar Cells with Cobalt Complex as Hole Mediator†, American Chemical Society,2009,25(13),7602-7608 [4] A.U.Ubale, A.R.Junghare, N.A. Wadibhasme, A.S Daryapurkar, R.B.Mankar, V.S.Sangawar, â€Å"Thickness Dependent Structural, Electrical and Optical Properties of Chemically Deposited Nanoparticle PbS Thin Films†, Turk J Phys, 2007, 31,279-286 [5] Lidan Wang, Dongxu Zhao, Zisheng Sui and Dezhen Shen, â€Å"Hybrid polymer/ZnO solar cells sensitized by PbS quantum dots†, Nanoscale Reasearch Letters, 2012, 7:106 [6] Iwan Moreels, Karel Lambert, Dries Smeets, David De Muynck, Tom Nollet, Jose C Martins, Frank Vanhaeke, Andre Vantomme, Christophe Delerue, Guy Allan and Zeger Hens, â€Å"Size Dependent Optical Properties of Colloidal PbS Quantum Dots†, ACS Nano,2009, Vol 3,10,3023-3030

Wednesday, September 4, 2019

A Caribbean Legacy Essay -- Caribbean History Culture Essays

A Caribbean Legacy The notions of slavery, colonialism, and race are indelible aspects of Caribbean history. In order to fathom the current political, social, economic, and cultural climate of the Caribbean one must engage in a critical study and understanding of the impact slavery has had in modern day Caribbean societies. The modes and intricacies of modern day Caribbean societies are intimately related to the plantation systems of the colonial period, which welcomed the arrival of the largest migration in history. Author Michelle Cliff, in her essay "If I Could Write This With Fire," attempts to make sense of the current deplorable social conditions of racial inequality in her native land of Jamaica. It is within this context of understanding the current social and racial strife in Jamaica that Michelle Cliff presents the intimate relationship between past and present. Michelle Cliff, in an ontological manner attempts to unmask the current phenomena of racial strife in Jamaica by considering and examining the disdainful legacies of slavery brought upon by ruthless European colonialism in the Americas. Cliff, like many of the historians, sociologists, and economists which we have encountered in our study of Caribbean history, is partaking in an unmasking process of the Jamaican society in her literature in order to reconcile a ravaged Jamaican and Caribbean identity. Ultimately, Michelle Cliff’s desire to make sense of the Caribbean’s intricate social and cultural mosaic prompted her to "look back," and, as she states in her essay: To try and locate the vanishing point: where the lines of perspective converge and disappear. Lines of color and class. Line of history and social context. Lines of denial and rejection. Wh... ...nges imposed by the plantation system created a hierarchy of color (similar to the one discussed by Michelle Cliff in Abeng, wherein the color of one's skin designated one's occupation and social position). Whiteness indicated economic and political superiority as well as leisure while blackness represented low social status and arduous labor. Consequently, it is quite evident that Knight offers significant evidence affirming the notion that slavery, or in this particular case, the social caste system imposed by the plantations has indeed had a grave influence in the evolution of Caribbean societies. -Footnotes- 1.) Excerpt taken from: Michelle Cliff’s essay, "If I Could Write This With Fire." 2.) ibid (1) 3.) Quote taken from page 124 of: Knight, Franklin. The Caribbean: The Genesis of a Fragmented Nationalism. Oxford University Press: New York, 1990.

Tuesday, September 3, 2019

Style Essay -- Style Personality Individuality Papers

Style I often wonder what style is, and how does a person know when they are in possession of it. Style is one of the many things that seem to change form day to day for me, and I'm never sure where it might lead me. I think we all have our own style, but how can we get away from having the same style that other people have? When I look through magazines, all I read is the same thing over and over, in a little different style, or voice. Then, when I look out the window, I see people dressed in about the same fashions. These fashions may change from group to group, and age to age, but the idea of having ones own style seems to be hard to find. I think the only place where a person can have their own style is the home. But then we could fall victim to the Crate & Barrel style. For those who don't know, Crate & Barrel is a furniture store for people who like to copy the unique style of one another. So where this leads me is to the idea that the only real place where people can create their ow n style is in themselves. I think the best place to see a persons individual style is in school. I remember when I was in school, I would dress similar to the people that I hung around with. But the person that I was and am today is nothing like the friends that I had and still have. I think when a person is able to find out how they are, and what they want a personal style emerges, and the best thing about this is that we can alter it and change things as we see fit. You're probably wondering, "How do I know when I need to change my style?". The only thing that I can say is this, you'll know when it is time to change. I know that when I get a certain feeling inside, I know that I have to change something so that I can feel better about ... ...les, and we shouldn't be afraid to show them off to the people around us. How cares if we dress a little different. We are expressing our own individualities through the clothes we wear, and if other people don't like it, tuff noogies. Whoever, I think the only time we should be concerned about what others are wearing is when their style is a threat to our lives, or the life of the person wearing the garment. This concept could also be used in the other topics I wrote about in this essay. Unless there is harm to the individual, or individuals around them, we as a society shouldn't be to concerned about the styles of others. Usually these wild styles are a fads, and people will grow out of them. I know that I was able to grow out of many wild styles that my parents weren't sure if I would come out of or not. So if I was able to overcome these styles, others will to.

Monday, September 2, 2019

Daniel Quinn’s Ishmael - Horrifying :: Quinn Ishmael Essays

Ishmael: Horrifying Among the people of your culture, which want to destroy the world? Which want to destroy it? As far as I know, no one specifically wants to destroy the world. And yet you do destroy it, each of you. Each of you contribute daily to the destruction of the world. This truth was stated by a gorilla named Ishmael who, through his experiences of being taken from the jungle, placed in a zoo in the 1930's, put in a menagerie, and bought by a private owner named Mr. Sokolow, had all the time in a world to think about the world around him. Daniel Quinn writes about the horrifying realities of our culture in a book called Ishmael, by stepping outside of the world as we know it and describing what he sees through a talking gorilla. Behind the bars of his cage, he was able to take a look at our culture as an outsider, to see things that we never could. This sagacious, passive, and extremely patient primate wanted to share this knowledge to others so as to stop man from destroying the world. So, he placed an ad in the paper and caught the attention of an eager student, the narrator, who was willing to save the world. Desperately confused, this everyday writer tries to step out of his culture and experience a whole new world. Day after day, this half ton gorilla, Ishmael, opens the narrators eyes and teaches him "how things came to be." He starts out by dividing man into two different cultures. He calls the people of our culture takers and the people of all other cultures leavers. Each culture has a story. In Ishmael's teachings, a story is a scenario interrelating man, the world, and the gods. This story is enacted by the people in a culture. In other words, people in a culture live as to make the story a reality. The first story Ishmael tells is that of the takers. Every story is based on a premise. The taker premise is that the world was made for man. If the world is made for man, then it belongs to him, and man can do what ever he pleases with it. It's our environment, our seas, our solar system, etc. The world is a support system for man. It is only a machine designed to produce and sustain human life.

Sunday, September 1, 2019

Election Laws Cases Essay

1. Cayetano v. Monsod, 201 SCRA 210 FACTS: Monsod was nominated by President Aquino as Chairman of the Comelec. The Commission on Appointments confirmed the appointment despite Cayetano’s objection, based on Monsod’s alleged lack of the required qualification of 10 year law practice. Cayetano filed this certiorari and prohibition. ISSUE: Whether or not Monsod has been engaged in the practice of law for 10 years RULING: YES. The practice of law is not limited to the conduct of cases or litigation in court. It embraces the preparation of pleadings and other papers incident to actions and special proceedings, the management of such actions and proceedings on behalf of clients, and other works where the work done involves the determination of the trained legal mind of the legal effect of facts and conditions (PLA vs. Agrava.) The records of the 1986 constitutional commission show that the interpretation of the term practice of law was liberal as to consider lawyers employed in the Commission of Audit as engaged in the practice of law provided that they use their legal knowledge or talent in their respective work. The court also cited an article in the January 11, 1989 issue of the Business Star, that lawyers nowadays have their own specialized fields such as tax lawyers, prosecutors, etc., that because of the demands of their specialization, lawyers engage in other works or functions to meet them. These days, for example, most corporation lawyers are involved in management policy formulation. Therefore, Monsod, who passed the bar in 1960, worked with the World Bank Group from 1963-1970, then worked for an investment bank till 1986, became member of the CONCOM in 1986, and also became a member of the Davide Commission in 1990, can be considered to have been engaged in the practice of law as lawyer-economis t, lawyer-manager, lawyer-entrepreneur, etc. 2. 18 December 1990 G.R. No. 93867 FACTS: The petitioner is challenging the designation by the President of Associate Commissioner Yorac as Acting Chairman of the COMELEC, in place of Chariman Davide. The petitioner argues that the choice of the Acting Chairman is an internal matter to the COMELEC. It is also averred that the designation done by the President of the Philippines violates the independence of the COMELEC. ISSUE: Whether the designation done by the President of the Philippines violates Article IX-A, Section 1 of the Constitution. RULING: Article IX-A, Section 1 of the Constitution expressly describes all the Constitutional Commissions as â€Å"independent.† Although essentially executive in nature, they are not under the control of the President of the Philippines in the discharge of their respective functions. Its decisions, orders and rulings are subject only to review on certiorari by the Court as provided by the Constitution in Article IX-A, Section 7. The choice of temporary chairman in the absence of the regular chairman comes under that discretion. That discretion cannot be exercised for it, even with its consent, by the President. The designation by the President of respondent Yorac as Acting Chairman of the COMELEC is declared unconstitutiona 2. Sixto Brillantes, Jr. vs. Haydee B. Yorac[G.R. No. 93867. December 18, 1990.] FACTS: Respondent, as Associate COMELEC Chairman, was appointed by the President as Chairmanthereof, replacing former Chairman Hilario Davide; the former chairman was appointed to thefact-finding commission regarding the December 1989 Coup d etat. Petitioner moved for herremoval, stating that her appointment was contrary to Article IX-C, Section 1(2) of the 1987Constitution, where â€Å"(I)n no case shall any Member (of the Commission on Elections) beappointed or designated in a temporary or acting  capacity.†Issue: Is respondents appointment as Chairman in the case at bar unconstitutional.Ruling: Yes. Article IX-A Section 1 of the Constitution expressly provides for the independence of theConstitutional Commissions from the executive department; this means that they are governedby the Constitution itself and cannot be under the control of the Pres. 3. UNIDO VS. COMELEC In 1981, the BP proposed amendments to the 1973 Constitution. The amendments were to be placed to a plebiscite for the people’s approval. The YES vote was being advanced by KBL – Marcos’ Party. While the NO vote was being advanced by UNIDO. To ensure parity and equality, COMELEC issued Resolutions 1467-1469 w/c basically provided that there be equal opportunity, equal time and equal space on media use for campaigns for both sides. On 12 Mar 1981, Marcos campaigned for the YES vote via TV and radio from 9:30pm to 11:30pm. The same was broadcasted live by 26 TV stations and 248 radio stations nationwide. UNIDO petitioned before the COMELEC that they be granted the same opportunity as Marcos has pursuant to Res’ns 1467-69. COMELEC denied the demand. UNIDO assailed the denial as a denial of equal protection before the laws. ISSUE: Whether or not UNIDO was denied equal protection by virtue of COMELEC’s denial of their request. HELD: The SC ruled that UNIDO was not denied due process nor were they not afforded equal protection. It is the considered view of the SC that when Marcos conducted his ‘pulong-pulong’ or consultation with the people on March 12, 1981, he did so in his capacity as President/Prime Minister of the Philippines and not as the head of any political party. Under the Constitution, the ‘Prime Minister and the Cabinet shall be responsible . . . for the program of government and shall determine the guidelines of national policy’. In instances where the head of state is at the same time the president of the political party that is in power, it does not necessarily follow that he speaks with two voices when he dialogues with the governed. The president is accorded certain privileges that the opposition may not have. Further, the SC cannot compel TV stations and radio stations to give UNIDO free air time as they are not party to this case. UNIDO must sought contract with these TV stations and radio stations at their own expense. 4. SANIDAD vs. COMELEC 181 SCRA 529 Facts: On 23 October 1989, RA 6766 (Act providing for an organic act for the Cordillera Autonomous Region) was enacted into law. The plebiscite was scheduled 30 January 1990. The Comelec, by virtue of the power vested by the 1987 Constitution, the Omnibus Election Code (BP 881), RA 6766 and other pertinent election laws, promulgated Resolution 2167, to govern the conduct of the plebiscite on the said Organic Act for theCordillera Autonomous Region. Pablito V. Sanidad, a newspaper columnist of â€Å"Overview† for the â€Å"Baguio Midland Courier† assailed the constitutionality of Section 19 (Prohibition on columnists, commentators or announcers) of the said resolution, which provides â€Å"During the plebiscite campaign period, on the day before and on plebiscite day, no mass media columnist, commentator, announcer or personality shall use his column or radio or television time to campaign for or against the plebiscite issues.† Issue: Whether columnists are prohibited from expressing their opinions, or should be under Comelec regulation, during plebiscite periods. Held: Article IX-C of the 1987 Constitution that what was granted to the Comelec was the power to supervise and regulate the use and enjoyment of franchises, permits or other grants issued for the operation of transportation or other public utilities, media of communication or information to the end that equal opportunity, time and space, and the right to reply, including reasonable, equal rates therefor, for public information campaigns and forums among candidates are ensured. Neither Article IX-C of the Constitution nor Section 11-b, 2nd paragraph of RA 6646 (â€Å"a columnist, commentator, announcer or personality, who is a candidate for any elective office is required to take a leave of absence from his work during the campaign period†) can be construed to mean that the Comelec has also been granted the right to supervise and regulate the exercise by media practitioners themselves of their right to expression during plebiscite periods. Media practitioners exercising their free SANIDAD vs. COMELEC 5. LAZATIN VS. COMELEC Lazatin filed the instant petition assailing the jurisdiction of the COMELEC to annul his proclamation after he had taken his oath of office, assumed office, and discharged the duties of Congressman of the 1st District of Pampanga. Lazatin claims that the House of Representatives Electoral Tribunal and not the COMELEC is the sole judge of all election contests. Buan, Jr., and Timbol (Lazatin’s opposition), alleged that the instant petition has become moot and academic because the assailed COMELEC Resolution had already become final and executory when the SC issued a TRO on October 6, 1987. In the COMMENT of the Sol-Gen, he alleges that the instant petition should be given due course because the proclamation was valid. The Telex Order issued by the COMELEC directing the canvassing board to proclaim the winner if warranted under Section 245 of the Omnibus Election Code,† was in effect a grant of authority by the COMELEC to the canvassing board, to proclaim the winner. A Separate Comment was filed by the COMELEC, alleging that the proclamation of Lazatin was illegal and void because the board simply corrected the returns contested by Lazatin without waiting for the final resolutions of the petitions of candidates Timbol, Buan, Jr., and Lazatin himself, against certain election returns. ISSUE: Whether or not the issue should be placed under the HRET’s jurisdiction. HELD: The SC in a Resolution dated November 17, 1987 resolved to give due course to the petition. The petition is impressed with merit because petitioner has been proclaimed winner of the Congressional elections in the first district of Pampanga, has taken his oath of office as such, and assumed his duties as Congressman. For this Court to take cognizance of the electoral protest against him would be to usurp the functions of the House Electoral Tribunal. The alleged invalidity of the proclamation(which had been previously ordered by the COMELEC itself) despite alleged irregularities in connection therewith, and despite the pendency of the protests of the rival candidates, is a matter that is also addressed, considering the premises, to the sound judgment of the Electoral Tribunal. 6. JAVIER VS. COMELEC [144 SCRA 194; G.R. NOS. L-68379-81; 22 SEPT 1986] Facts: The petitioner and the private respondent were candidates in Antique for the Batasang Pambansa in the May 1984 elections. The former appeared to enjoy more popular support but the latter had the advantage of being the nominee of the KBL with all its perquisites of power. On May 13, 1984, the eve of the elections, the bitter contest between the two came to a head when several followers of the petitioner were ambushed and killed, allegedly by the latter’s men. Seven suspects, including respondent Pacificador, are now facing trial for these murders. Owing to what he claimed were attempts to railroad the private respondent’s proclamation, the petitioner went to the Commission on Elections to question the canvass of the election returns. His complaints were dismissed and the private respondent was proclaimed winner by the Second Division of the said body. The petitioner thereupon came to this Court, arguing that the proclamation was void because made only by a division and not by the Commission on Elections en banc as required by the Constitution. Meanwhile, on the strength of his proclamation, the private respondent took his oath as a member of the Batasang Pambansa. Issue: Whether or Not the Second Division of the Commission on Elections authorized to promulgate its decision of July 23, 1984, proclaiming the private respondent the winner in the election. Held: This Court has repeatedly and consistently demanded â€Å"the cold neutrality of an impartial judge† as the indispensable imperative of due process. To bolster that requirement, we have held that the judge must not only be impartial but must also appear to be impartial as an added assurance to the parties that his decision will be just. The litigants are entitled to no less than that. They should be sure that when their rights are violated they can go to a judge who shall give them justice. They must trust the judge, otherwise they will not go to him at all. They must believe in his sense of fairness, otherwise they will not seek his judgment. Without such confidence, there would be no point in invoking his action for the justice they expect. Due process is intended to insure that confidence by requiring compliance with what Justice Frankfurter calls the rudiments of fair play. Fair play cans for equal justice. There cannot be equal justice where a suitor approaches a court already committed to the other party and with a judgment  already made and waiting only to be formalized after the litigants shall have undergone the charade of a formal hearing. Judicial (and also extra-judicial) proceedings are not orchestrated plays in which the parties are supposed to make the motions and reach the denouement according to a prepared script. There is no writer to foreordain the ending. The judge will reach his conclusions only after all the evidence is in and all the arguments are filed, on the basis of the established facts and the pertinent law.