Jpurnal free writing Essay Example | Topics and Well Written Essays - 250 words

Jpurnal free writing - Essay Example But of course, for them it was. This was obviously a text for the super elite. But the thing is, over the centuries has reached every common day individual. I think that’s where The Prince’s implications become significant. Other than that, it can be considered even comic if you read it in modern day context, neglecting the way ordinary ‘subjects’ would react to constantly being treated this way. In modern times, and in modern politics, I see a lot of this happening. There are too many people who are involved in some sort of a power struggle rather than carrying out their duties. Policies don’t seem to be made keeping majority interest in mind; rather, it feels as though self preservation is the rule. And that is a concept which is obviously not new. Machiavelli pointed it out centuries ago. I find it interesting to note how when reading it I feel like I am reading a witty political blog.

Analysis of the Consumer Behaviour of University Students towards Dissertation

Analysis of the Consumer Behaviour of University Students towards Online Shopping - Dissertation Example Only hedonic orientation and convenience were agreed upon by the sample of university students. Thus, these are the drivers of their continued patronage of online shopping. Generally, consumers are attracted by the convenience of online shopping since customers could purchase items without leaving their place. Moreover, canvassing online could be done more efficiently, which enables consumers to make better decisions by purchasing items at the lowest price available. However, security concerns have affected the intentions of consumers to conduct online transactions. Certain consumers would prefer to gather information about a product rather than purchasing it online. Recommendations were then presented based on the gathered outcomes. Chapter 1 Introduction 1.1. Background of the Study Electronic commerce is widely considered to be one of the most fundamental components of Internet usage. Online shopping has also been noted as third of the most popular activities conducted through the Internet, after web browsing and messaging. Online shopping has gained much considerable attention compared to common Internet activities, such as obtaining news or entertainment information (Foucault, and Scheufele 2002). In 2001, almost 50% of Internet users made their purchases through online shopping with which more than half of these reported that they typically purchase 1 to 10 online goods annually. Establishing efficient interactions between consumers and websites has become an important concern for companies who utilize electronic commerce as a means of increasing the reliability of their online transactions. Understanding the needs of consumers along with the factors that can influence their intentions, attitudes, and behaviours with regards to online shopping is of great importance to establish efficient transactions. It is most likely that consumers will interact with and make use of websites in various ways, thereby having various perceptions. For instance, Cheung and Lee (2003) pointed out that the unique characteristics of an individual can influence behaviour towards online shopping. Wu (2005) also asserted that the goals of consumers are strongly associated with their intentions of purchasing and revisiting of the website. Because consumer characteristics are essential and are used to describe the consumer, such as demographic characteristics (e.g. culture, gender, age), these will highly influence their behaviour and attitudes towards exchanging business through the Internet (Wolfinbarger and Gilly 2001). Specifically, Mohd Suki et al. (2006) reported that Internet shoppers in developing countries are often young, have received a high level of education, and are wealthy. In addition, distinct personalities among consumers strongly affect their perceptions of their own online shopping behaviours, particularly the utilitarian and hedonic orientations. Previous studies, such as that of Muylle, Moenaert, and Despontin (2004), have pointed out th e advantages of online stores that are characterized by the thoughts and beliefs of consumers with regards to the possible offers of an online store, such as increased convenience and reliability. These perceived benefits have been shown to persuade individuals in making their purchases online, hence the need to understand as well the ways with which consumers

Comparing the Herakles Myth with Joseph Campbells Hero Myth List Essay Example for Free

Comparing the Herakles Myth with Joseph Campbells Hero Myth List Essay Karen Wagner World Mythology September 27th 2012 Essay #1 Herakles, or more commonly known as Hercules according to Disney is probably one of the most popular myths people have seen or heard, but could Herakles’ myth follow Joseph Campbell’s Hero myth list. Carl Jung defined an archetype myth or Jungian archetype as a pattern of thought that can be translated to â€Å"worldwide parallels† (â€Å"The Columbian Encyclopedia†) that the human race experiences as a culture or an individual. The myth of Herakles includes parts that compare to the Hero Archetype, but there are also parts that do not fit the archetype at all. Joseph Campbell’s list of myths for the common hero includes a list that does and does not relate to the story of Herakles. Herakles’ journey begins from the shared birth from his mother Alcmena, father Zeus and half-brother Iphikles. Hera (Zeus’ wife) decides to take revenge because of the affair Zeus had with Alcmena for Herakles. One the morning Herakles was supposed to be born Zeus had made a previous oath stating the son of his bloodline through Pereus who was born that morning would rule Mycenae. Hera made sure Zeus swore to this and sent down the goddess of childbirth Eileithuia to slow the birthing process. A sly serving girl named Galanthis had told the goddess of childbirth that Alcmena had her twins, once Eileithuia’s guard was down and so was her spell. Alcmena bore twins and Herakles was not the first born, one was the son of Amphitryon and the other Zeus. Hera decides to take action by putting snakes in the twins’ crib in hopes to â€Å"destroy Zeus’ latest offspring† (Martin 148), while Iphikles only wailed, Herakles decided to strangle both snakes to death, identifying the true son of Zeus. Amphitryon stated, â€Å"well, that one’s not my boy† (Martin 148). Herakles grew up quickly, learning his new found strength through his human father and other relatives. His first official voluntarily task was to eliminate the lion with impenetrable hide from Mt. Kithairon. Once the beast was defeated, Herakles skinned the lion and wore his mane and head as a trophy and as a form of protection (Martin 153). Herakles continued doing many labors for different people throughout a large portion of his life; he lay with many women, and marries a few as well. Herakles did some wrong doings and towards the end of his mortal life he dies and becomes immoral, forever to live on in myth. Joseph Campbell’s monomyth list for mythological adventures magnifies the formula described in the rites of passage: Departure—initiation—return. Campbell’s list for the hero archetype can be compared to Herakles, while other parts do the opposite. The first stage of the hero’s’ journey is their birth; Campbell goes into explaining that the birth involves â€Å"fabulous circumstances surrounding conception, birth, and childhood† (Campbell). Herakles’ birth could be seen under fabulous circumstances, an affair, another child, and two dead snakes on the first night; Campbell’s second stage is the â€Å"Call to Adventure† (Campbell), Herakles whilst working on his human father’s cattle ranch heard news of a lion killing the family cows, he volunteers to rid the beast and is successful in the end. Herakles had helpers throughout his journeys, such as Apollo’s grandson Eurytos teaching him archery (Martin 150) or Atlas assisting Herakles in getting the Golden Apples as one of his labors, but not from a specific being or person alone. This being a piece of the myth that doesn’t exactly fit into Campbell’s list but can still compare. Campbell’s fourth entry on the list â€Å"Crossing the Threshold† somewhat relates to Herakles’ story in that he does travel 30 days to defeat the mother of all lions, another with impenetrable hide. Campbell’s crossing the threshold entry explains that the hero must undergo a task or event that takes the hero from everyday life into the â€Å"world of adventure† (Campbell); this could be something small from traveling to a cave or traveling for 30 days. One of the major parts of the myth of Herkales is his love for labors he provides for his people, this definitely relates to Campbell’s work, in that his number five explains the tests the hero must go through, involving a series of monsters and traveling to different worlds and each conquered task increases said hero’s ability to overcome even stronger encounters he will face. Campbell’s number six on his list goes into the helpers the hero will encounter through his journey, this also relates to Herakles. There were parts in his myth where Herakles needed assistance, for example when Herakles wanted to get the golden apples as one of his labors, he asked Atlas to go and he would hold up the heavens until he returned, even though Herakles sort of deceived Atlas in the end, he was still of assistance to the hero. The climax and final battle of Herakles involved his attempt at sacrifice and a struggle to continue living. He was given a cloak that was accidentally poisoned by his wife Deianeira with a previous enemies’ blood that mixed in with the blood he dipped his arrows from one of his labors. The cloak began to tighten around the hero and poison him; he sought revenge on his wife to discover she already killed herself in learning what she had done. Herakles’ myth doesn’t have a happy ending like Campbell’s list basically says in 9, 10, and 11, Herakles’ dies to live on forever immorally, or in this case actually passed but his fame lives on, his story is continued being told and he is recognized as a Greek hero, without any sort of â€Å"elixir† Campbell mentioned in his list, feasting with the gods and his god parents, Zeus and Hera (Martin 179), the mother who was trying to rid him from the beginning. Campbell’s list is to describe how a hero myth translates to actual events and situations people encounter in their lives while growing up, there is an underlying meaning to each situation that happens to the hero. While some parts did relate to Campbell’s list, overall Herakles’ myth strays away from following his list, although there are parts that do relate, the myth is still completely different from Campbell’s interpretation and Jung’s archetype definition, giving Herakles his own myth and his own journey that’s not as cliche from the rest of the myths in the world.

Economic Analysis of Nintendo

Economic Analysis of Nintendo Nintendo is a company which manufactures video games and gaming consoles and it is not new company as, it have been one of the oldest in the stock market. This company actually produces different devices of technology that upgrade the new videogames that had launched in the world, the name of Nintendo is very famous and became the most dominant in the in the games industry. And eventually most people universally known NES from many years and must have seen its success and also its debts from many years, which any company faces both of them. It was the leading game worldwide who dominated the market in video games for many years till their critical step they took in the year 1993, taking over SNES which is also known as Nintendo Entertainment System. Nintendo sold about 565 million of hard ware units and 3.4 billion software units and currently it is one of the best companies in the games history. (Techshout 2011) Nintendo Company Limited is one of the oldest and also one of the best games of all times which is originally from Japan, Kyoto. The name Nintendo was given by a Japanese name called HanaFuda which was launched in the year 1889 as a playing card. These cards were 52-deck playing card these were mostly made for exports but were later sold in Japan for the increasing population. However, later it grew and become one of the largest business producers in video games, selling games like The Legend of Zelda, Donkey Kong, Pokà ©mon and Super Mario Brothers. Even after so much completion if you ask any game producer company like Sony, Microsoft, and many more, where did they get the idea or the start Im sure they will tell you only one name Nintendo, the meaning of Nintendo in English means the thing we can do the best and rest leave it to God. Nintendo WII and Sony play station and also Microsoft Xbox went high in the stock market in the year of 2011where youngsters around had it. These ga mes have a lot of tools like listening to music and using internet and in that way they could download movies and play video games online. (Kotaku 2009) The first video game launched by Nintendo was the Nintendo ES, which was grey color box which had only x and o to play with, followed by many games like Nintendo super As, 64 Nintendo, Nintendo, Nintendo Revolution which was launched in late 2006. Hence, later famous games which had a good name and a great sales turnover for Nintendo which made their profit increase and produce more products, then the game boy launched in the market and after seeing such a big success it launched the advance version of its which was later called Gameboy advance, and then Nintendo DS. Nintendo noticed a great fall in its sales between Nintendo 64 and Nintendo, because of the great game launched by Sony, called the Sony PlayStation and people would buy Sony play station than Nintendo 64 and Nintendo. The Sony PlayStation 2 and also Microsoft which launched into the market its Product called Xbox, had some features of the other games but in an advanced level. Having some debts thing didnt affect Nintendo much because they knew that they will come back into the market with games that are more powerful than their last ones and in that case it would have the demand of the market by their side, with advance advanced gaming system, like now we can see in this graph that as it went by it keeps on increasing by million units. (Gizmodo 2006) 2. Trends analysis 2.1 Past of Nintendo The Game cube was unveiled on August 24th 2000 but customers were only allowed to buy it during the launch in November 18th 2001. During the launch of the GameCube, it was recorded as the fastest selling home video games console. Within North America over 500,000 systems were sold which was double than Microsofts Xbox and was 25% faster than the launch of the PS2. Nintendo had made about a $100 million on GameCubes and merchandise that was related and with the release of the Harry Potter and the sorcerers Stone earned them a gross of $93.5 million. (Cubicle2001). Even thou the Game Cube had done really well in its launch; it did have an outstanding performance well over the years after of its life hood the market share were majorly occupied by the Sony PlayStation2 and then Microsoft Xbox, leaving the Nintendo GameCube last. The game developing companies that produced games for each console have shown the destitution of their products to each console. This is a combination of EA, Avt ivision, UBISOFT, THQ, and Midway. These were companies that produced games. (the guardian 2012) You can see that the Sony PlayStation had an upper hand when it came to talks about market shares but over the quarters there have been substantial drops of sales. Not only just for Sony but also in Microsoft and Nintendo, yet still Nintendo being the worst out of them all. Even thou it was shown to be the greatest ever gaming consoles to be sold over there year leaving PS2 and Xbox to eat its dirt. 3. Economic Analysis 3.1 Production Possibility Frontier As Nintendo manufactures many gaming devices and consoles they always kept the primary objective as one. In 2009 when the new Nintendo DS was launched it made a great profit for Nintendo company and after one year when they fully launched Nintendo Wii which was a blast for the competition which made a profit of millions was in their choice that which one to manufacture more either the Nintendo DS or Nintendo Wii. And in the below given diagram u can see how do they do this. As in the diagram above you can see that the console Wii is manufactured in maximum rate of 2000 per month and if they manufacture 2250 Nintendo ds devices than they will make more Wiis and if they reduce the output for Wii than the output for Nintendo ds Wii increase. 3.2 supply and demand Demand for Nintendo device in the market and competition stands higher than Xbox and ps3 because Nintendo operates portable devices and consoles which other companies have not done yet. And Nintendo Wii was the first game in which you can actually react outside the screen and your own prototype will do the same movies in the screen. In Nintendo Wii you can have games that can provide you home fitness such as yoga, cardio exercises and such games which really help your movements to get refreshed and make you stay in fitness. After Nintendo Wii was launched Xbox bought up their Kinect through which you can do the similar things as Nintendo Wii but with better graphics and improved technology than Nintendo Wii. Quantity Demanded In the diagram above you can see the demand for the Nintendo Wii and as you can see the demand for the console is high and people are ready to buy it in an affordable price and if there is a decrease in price of Wii than the demand for it will increase automatically. Nintendo has their supply all over the world and it makes great amount of profit from all the places where it supplies its devices and consoles. If Nintendo would increase the value of their products, people would not wish to buy their products anymore so they should supply in a particular limit in the monthly basis and in that case they should keep lower prices from which they can take their profit out and a price which would be reasonable for the people to buy. In the diagram above as you have seen that Nintendo supplies at the price of P1 and they supple Q1 amount of goods so if Nintendo starts to transport more goods than they will have to increase the price together as well because of the other cost of exporting the goods. 3.3 Opportunity Cost In 2007 Nintendo DS was one of the best portable device and 170,000 devices were sold in Australia and if in one country Nintendo DS was sold in thousands of quantity then how much would they would have sold in the rest of the part of the world. When Nintendo Wii was launched it was a big challenge for the other gaming competitors because it was a total different technology and which made sales huge amount of sales around the world and at that time Nintendo DS was not that competitive so Nintendo lowered down the sales of Nintendo DS and the plan they had was to keep Wii in the market and stop Nintendo DS and after a while bring up Nintendo DS up with a better technology so as they planned they have now launched their latest Nintendo 3DS which is a convenient device and in which the games are all in 3D and without using 3D glasses people will be able to play in 3D just believing in their eyes. 3.4 Economies of scale As Nintendo has a very good reputation in the market and they hold a very good position in the market and people are willing to buy their products more so if Nintendo increases the quantity of supplying more goods and specializing on more technology which is going to happen if they get more capital into the business and invest them to get more machinery for more output and making sure of using them properly because it will be of no use if they get a new machine and they dont use it. More supply and decreasing the prices will result into economies of scale. 3.5 Pricing When a product is manufactured the cost of making that product is the original price of the product and the value added on it is the profit and the original value is used to manufacture same product again and the profit left after it is either distributed or invested into the business for more production. 3.6 Law of diminishing Returns Nintendo is a multinational company and it operates in more than one country so it is a huge company and they loads of sales and profit earnings they must have many employees labors. Having many labors a firm and giving them the same task is not that good because there will be some of them who will try to escape from work and be dependent on others which is not there and they will not be affected by anything because they will be paid in the end of the month. It is always better to have limited amount of labors and giving every different labor an altered task. Removing the lazy workers and having the good ones is always a better option and which will also save cost and that amount can be used in many other things such as getting more raw materials, giving more security services to the workers who work, savings for the working workers and in the end of the month giving them bonuses and etc. 3.7 Production cost and nature of competition for Nintendo: Nintendo is a Japanese company that specializes in video game consoles. The product line includes Game Boy line, Color TV Game, NES (Nintendo Entertainment System), SNES, Virtual Boy, Nintendo 64, Nintendo Game-Cube, Game-boy Advance, Nintendo DS, Wii, Nintendo 3DS, and various video games that are sold world-wide. Nintendo: Production Cost Nintendo is clearly the leading video game selling console for the current generation. It manages to sell more than the leading rivals combined on a regular basis and now there are suggestions that indicate Nintendo might be prepared to reduce prices in order to make its devices even more attractive. Analysts have said that costs associated with manufacturing Nintendo devices have fallen quite clearly since the initial introduction into the market. In fact, the various components and the process itself has been discovered to be 45% cheaper. As a result, the gaming device will get a price cut in order to boost sales. In some ways the price reduction has been seen as necessary for Nintendo due to its recently disappointing performance in some regions. A reduced manufacturing price for Nintendo devices means that the company is making more money on each console it sells. Other sources have discovered that just because Nintendo can it doesnt mean it will drop the systems price. This might be especially relevant for consumers in areas which recently saw the devices take a hike in price due to the declining value of their currency. Overall, some consumers find the company currents devices to be expensive but others say its fair considering the technology offered, so whether or not we agree with the current prices or not, it all comes down to whether or not we believe we are getting our moneys worth. Either way, whoever at Nintendo figured out a cheaper way to construct the devices must have earned a promotion. Conclusion Nintendo a well know Japanese multinational corporation based in Kyoto, Japan is the worlds most famous gaming company specialized in card and video gaming, Founded by Fusajiro Yamachi when it first started to produce card games which it aimed for export but was also demanded by the local market and has lead it into becoming worldwide gaming company with millions of production each year and new version coming up often with better and much more functions. It has kept high profile for its goodwill till the 1990s,However it has seen a decrease in its sales after the competition firms such as Sony, Microsoft etc. till 2006 until the production of the Nintendo Revolution which has given the organization a goodwill and brought it back to the market. Moreover which has given the green light to create an advanced version of it called Gameboy and later changed it to Gameboy Advanced with faster processors and better effects. On the other hand Nintendo plans to launch a new home console sometime in 2012 and has also show interests in increasing the Nintendo 3DS and Wii awareness. Nintendo is aiming to have a steady release of software over the next year, no huge gaps between releases as it seems, however there has been no dates issued but has disclosed the future plans as the following There are plans to enhance the line-up for the 3DS, internationally Nintendo says beginner, middle and core gamers are all related Nintendo is dedicated to expanding the core gamer audience More collaborations with third parties is promised, including content for online networks Nintendo wont allow another gap in software releases Steady stream of software to be released next year 16 million 3DS hardware sales target is not conservative, but aggressive The priority this year is 3DS hardware sales, and as such, Nintendos profitability has been sacrificed Nintendo is aiming to grow the 3DS to being a core platform There isnt a lot of opportunity for Street Pass in USA Implied release of Wii U to be later than June 2012 Assumption of Wii U launch in Japan in September, EU/NA in November The Wii Us final version will be shown at E3 next year Nintendo is aiming to accelerating digital offerings and downloadable content A Pokà ©mon game may be arriving in Spring, and it might be related to Poke Park 2 (Nardi 2011)

Expectations versus Reality in Richs Living in Sin :: Rich Living in Sin

Expectations versus Reality in Rich's Living in Sin Relationships end for a variety of reasons, the most common being that people enter relationships with certain expectations which, when unmet, start and fuel the domino effect which eventually leads to the end of the relationship. How one perceives a relationship is altered by various conditions such as age, experience, and personal background. Differentiating between what is real and what is imagined in a relationship is also tailored by these experiences in life. In her poem "Living In Sin," Adrienne Rich examines how one woman's perceptions of her physical environment, her motive for entering the relationship, and the tone of the relationship are altered when she differentiates between the relationship she expected and the relationship as it actually is. In her idealistic relationship, the speaker's physical environment is free of daily domestic responsibilities. There is no need to dust or wash the windows because, as she expects in her fantasy life, the studio will "keep itself." There are definitely no leaky or noisy faucets in need of repair. And in the dream relationship, there are no creeping insects, just a "picturesque" mouse found attractive by a cat. In actuality, however, the speaker's physical environment needs cleaning; she battles dust on the furniture and grime on the windows. A noisy, leaky faucet in the studio needs repair. She also spots an insect in the kitchen that acts as the representative from the "village" behind the moldings. Her dream world is infested, probably with roaches. The narrator's motive in the relationship was initially the romantic desire to live with the man she loves, but eventually her motive is simply to bear the routine and break the now boring nature of the actual relationship. She wanted in the beginning to escape from restrictive religious beliefs and live with her musician boyfriend in his studio. As the title suggests, the narrator believed the relationship was a sinful one. Living with her boyfriend implies a daring departure from behavior normally expected of her, either by herself, her parents, or society. Still, the light of each day reveals just how dull and routine her life has become. The stairs shake each morning at five o'clock with the arrival of the milkman; each day she has to make the bed, dust the furniture, and look out dirty windows while listening to the leaky faucet. Expectations versus Reality in Rich's Living in Sin :: Rich Living in Sin Expectations versus Reality in Rich's Living in Sin Relationships end for a variety of reasons, the most common being that people enter relationships with certain expectations which, when unmet, start and fuel the domino effect which eventually leads to the end of the relationship. How one perceives a relationship is altered by various conditions such as age, experience, and personal background. Differentiating between what is real and what is imagined in a relationship is also tailored by these experiences in life. In her poem "Living In Sin," Adrienne Rich examines how one woman's perceptions of her physical environment, her motive for entering the relationship, and the tone of the relationship are altered when she differentiates between the relationship she expected and the relationship as it actually is. In her idealistic relationship, the speaker's physical environment is free of daily domestic responsibilities. There is no need to dust or wash the windows because, as she expects in her fantasy life, the studio will "keep itself." There are definitely no leaky or noisy faucets in need of repair. And in the dream relationship, there are no creeping insects, just a "picturesque" mouse found attractive by a cat. In actuality, however, the speaker's physical environment needs cleaning; she battles dust on the furniture and grime on the windows. A noisy, leaky faucet in the studio needs repair. She also spots an insect in the kitchen that acts as the representative from the "village" behind the moldings. Her dream world is infested, probably with roaches. The narrator's motive in the relationship was initially the romantic desire to live with the man she loves, but eventually her motive is simply to bear the routine and break the now boring nature of the actual relationship. She wanted in the beginning to escape from restrictive religious beliefs and live with her musician boyfriend in his studio. As the title suggests, the narrator believed the relationship was a sinful one. Living with her boyfriend implies a daring departure from behavior normally expected of her, either by herself, her parents, or society. Still, the light of each day reveals just how dull and routine her life has become. The stairs shake each morning at five o'clock with the arrival of the milkman; each day she has to make the bed, dust the furniture, and look out dirty windows while listening to the leaky faucet.

Courts Essays -- essays research papers

The jurisdiction of the federal courts is defined in Article III, Section 2, of the Constitution, as extending in law and equity to all cases arising under the Constitution and federal legislation; to controversies to which the U.S. shall be a party, including those arising from treaties with other governments; to admiralty and maritime cases; to controversies between states; to controversies between a state, or its citizens, and foreign governments or their subjects; and to controversies between the citizens of one state and citizens of another state. The federal courts were also originally invested with jurisdiction over controversies between citizens of one state and the government of another state; the 11th Amendment (ratified February 7, 1795), however, removed from federal jurisdiction those cases in which the citizens of one state were plaintiffs and the government of another state was the defendant. The amendment did not disturb the jurisdiction of the federal courts in case s in which a state government is a plaintiff and a citizen of another state, the defendant. Federal courts have exclusive jurisdiction in patent and copyright cases; and by congressional enactment in 1898, federal courts were vested with original jurisdiction in bankruptcy cases. The courts established under the powers granted by Article III, Sections 1 and 2, of the Constitution are known as constitutional courts. Judges of constitutional courts are appointed for life by the president with the approval of the Senate. These courts are the district courts, tribunals of general original jurisdiction; the courts of appeals (before 1948, circuit courts of appeals), exercising appellate jurisdiction over the district courts; and the Supreme Court.   Ã‚  Ã‚  Ã‚  Ã‚  A district court functions in each of the more than 90 federal judicial districts and in the District of Columbia. A court of appeals functions in each of the 11 federal judicial circuits and in the District of Columbia; there is also a more specialized court with nationwide jurisdiction known as the court of appeals for the federal circuit. The federal district court and the court of appeals of the District of Columbia perform functions discharged in the states by state courts. All lower federal cour ts operate under uniform rules of procedure promulgated by the Supreme Court. The Supreme Court is the highest ap... ...tes, the same courts of original jurisdiction deal with both civil and criminal cases; these courts usually have two levels, one handling misdemeanors and civil claims under $5000, the other handling felonies and civil claims over $5000. Between the lower courts and the supreme appellate courts, in a number of states, are intermediate appellate courts which, like the federal courts of appeals, provide speedier justice for litigants by disposing of a large number of cases that otherwise would be added to the overcrowded calendars of the higher courts. Courts of last resort, the highest appellate tribunals of the states in criminal and civil cases and in law and equity, are generally called supreme courts. In New York state, however, the Supreme Court is a trial court; the highest appellate court of New York, as well as of Maryland, is called the Court of Appeals. The state court systems also include a number of minor courts with limited jurisdiction. These courts dispose of minor offenses and relatively small civil actions. Included in this classification are police and municipal courts in cities and larger towns and the courts presided over by justices of the peace in rural areas.

Echr

The Right to Freedom of Expression and Religion This chapter includes two rights: a) the freedom of opinion and expression and b) the freedom of conscience and religion. Although these are two distinctive rights, they are in the same group as they both entail essential conditions for individual personal development. These rights are juxtaposed because freedom of expression is a quintessential aspect of the freedom to hold, practice and share one’s religious beliefs. It is important to note, however, that the freedom of expression is subject to more restrictions than the freedom of religion.A. The right to freedom of opinion and expression The freedom of expression is a right without which other rights are difficult to acquire and defend. The right to freedom of expression is rooted in the 17th century struggle of European legislators for freedom of speech. The world has seen a continuing struggle for the freedom of expression, including the freedom of speech and freedom of the press, often going hand in hand with the endeavour to limit the power of governments.The freedom of expression can be considered an essential aspect of the individual’s defence against government, just as the suppression of the freedom of expression is essential to tyranny. Human rights defenders also rely heavily on this right to challenge government indifference to or infliction of human rights abuses. As freedom of expression is a foundation for religious and political activities, it is often exercised in concert with the right to freedom of thought and assembly. Under present international Conventions, state obligations in relation to freedom of expression are absolute and immediate.At the same time, as with other forms of liberty, completely unrestricted freedom of expression may lead to the infringement on the rights of others. The freedom of expression has been hedged in by a number of limitations and restrictions, often more extensively than other rights. Historicall y, most limitations have dealt with the expression of sentiments contrary to prevailing institutions or religious, political or other beliefs. In addition, in times of war, governments often restrict the freedom of expression in the interest of national security.Like in the US Supreme Court decided in the Schenk vs. United States- case. As a cornerstone of democracy, the complexity and importance of freedom of expression has lead to extensive case-law before national courts and international supervisory mechanisms. Standards International human rights law recognises a spectrum of expression, ranging from those forms that must be protected to those that must be punished. Article 19 of both the UDHR and the ICCPR establish the freedom of opinion and expression.Article 19 UDHR stipulates: ‘everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. ’ The regional Conventions also contain provisions regarding the freedom of expression: Article 10 ECHR, Article 13 ACHR and Article 9 ACHPR. The freedom of expression and opinion is a complex right that includes the freedom to seek, receive and impart information and ideas of all kinds through any media.The exercise of this right ‘carries with it special duties and responsibilities’ (see Article 19 ICCPR and Article 10 ECHR). Therefore, in general, certain restrictions or limitations on the freedom of expression are permitted under human rights law. Thus, Article 20(2) of the ICCPR requires states parties to prohibit ‘advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence. ’ CERD also requires states parties to prohibit certain hostile expressions.Article 19 ICCPR stipulates that these limitations ‘shall only be such as are provided by law and are necessary: a) for respect of the rights or reputations of others; b) for the protection of national security or public order (ordre public), or of public health or morals’. In addition, Article 10 ECHR explicitly gives the state broad discretion in licensing of the media. In the Inter-American system, the Inter-American Court has dealt with freedom of expression in Advisory Opinion No. 5 on ‘Membership in an Association Prescribed by Law for the Practice of Journalism’.A strong correlation between freedom of expression and the right to gain access to information in order to form and express opinions has been recognised in the Inter-American System. In June, 2006, the OAS General Assembly adopted a Resolution that ‘urge[d] the States to respect and promote respect for everyone’s access to public information and to promote the adoption of any necessary legislative or other types of provisions to ensure its recognition and effective application. â€⠄¢ In the African system, the ‘Declaration of Principles on Freedom of Expression in Africa’ was adopted by the African Commission in 2002.It stresses the ‘fundamental importance of freedom of expression as an individual human right, as a cornerstone of democracy and as a means of ensuring respect for all human rights and freedoms’. The Danish Cartoon Controversy What has become known as the Danish cartoon controversy exemplifies the precarious balance between freedom of expression and the repression of expression. In 2006 a Danish newspaper published a series of cartoons depicting the prophet Mohammed as a possible terrorist, in one instance with a bomb in his turban.Many Muslims were outraged because depictions of Mohammed are prohibited in the majority of Muslim communities and likening Muslims to terrorists could incite discrimination and prejudice. Other factions upheld the right of the paper to publish the cartoons as a freedom of expression issue. Th e Danish cartoon incident sparked mass demonstrations throughout the world resulting in death and extensive damage of property in addition to sparking a fiery debate on international law, freedom of expression and permissible limitations of this right. * SupervisionThe freedom of expression is reduced by possible limitations under several international standards mentioned above. Moreover, freedom of expression and its internationally accepted limitations can be distorted by government initiatives through propaganda, control of the media and various other measures aimed at restricting the press, e. g. , licensing requirements, economic measures or restrictions on access to information. The right to freedom of expression has engendered a substantial body of case-law, in which both the right itself as well its limitations have been further defined.Under the auspices of the European system, the European Court has stated that freedom of expression:  Ã‚   [C]onstitutes one of the essent ial foundations of such a (democratic) society, one of the basic working conditions for its progress and for the development of every man. [†¦ ] It is applicable not only to ‘information’ or ‘ideas’ that are favourably received or regarded as inoffensive or as a matter of indifference, but also to those that offend, shock or disturb the State or any sector of the population.Such are the demands of that pluralism, tolerance and broadmindedness without which there is no ‘democratic society’ (Handyside v. The United Kingdom). Many cases have been brought before the former European Commission and the Court regarding the freedom of expression; several deal with the rights of journalists to freedom of expression. Case law zoeken!!! In the Chorherr judgment of August 1993 the Court dealt with an application concerning the applicant’s arrest, detention and conviction for breach of the peace after he had refused to stop distributing leaflets and exhibiting placards at a military parade.The Court held that the interfer- ence was â€Å"prescribed by law† and that there were legitimate grounds based on Article 10  §2 (prevention of disorder) for regarding the interfer- ence as â€Å"necessary in a democratic society†. The Court has established that, according to the protection granted by the American Convention, the right to freedom of thought and expression includes ‘not only the right and freedom to express one’s own thoughts, but also the right and freedom to seek, receive and impart information and ideas of all kinds’ (Lopez Alvarez et al. . Honduras). On this note the Court has held that the state has a positive obligation to ensure that laws and regulations governing restrictions to access to state-held information comply with the Convention’s parameters and restrictions may only be applied for the reasons allowed by the Convention; this also relates to the decisions on thi s issue adopted by domestic bodies (Claudio Reyes et al. v. Chile). In the African system, the African Commission on Human and Peoples’ Rights has addressed the right to freedom of expression in diverse realms.It has, inter alia, found the detention of members of opposition parties and trade unions under legislation outlawing all political opposition during a state of emergency a violation of the freedom of expression; it has found that the failure of a state to investigate attacks against journalists violates their right to express and disseminate information and opinions and also violates the public’s right to receive such information and opinions (Sir Dawda K. Jawara v.The Gambia, Communications 147/95 and 149/96). The Commission has held that state harassment with the aim of disrupting legitimate activities of an organisation that informs and educates people about their rights constitutes a clear violation of the right to freedom of expression. Recognising the impo rtance of freedom of expression, international fora and national governments have sought to promote additional standards to protect particular elements of this right.Several governments have enacted legislation to improve access to information; to provide adequate access to media; to protect employees from reprisals for disclosing illegal activities of their employers; and to provide data protection so that individuals have access to their personal files held by public authorities and to ensure that such information is withheld from all persons not expressly entitled to it. International organisations have addressed the implementation and supervision of the right to freedom of expression by, for instance, appointing experts on the issue.B. The right to freedom of conscience and religion The guarantees of freedom of conscience and religion are closely related to other substantive rights. For instance, the rights to freedom of expression, assembly and association are fundamental to ho lding religious beliefs and practising one’s religion. Thoughts and views are intangible before they have been expressed, and convictions are valuable for a person only if he or she can express them. The private freedom of thought and religion is an absolute right that does not permit any limitation.The guarantee of the value of freedom of thought and religion implies that one cannot be subjected to treatment intended to change one’s process of thinking, be forced to express thoughts, to change opinion, or to divulge a religious conviction; thus, the right to freedom of thought, conscience, religion, belief and opinion is closely associated with the right to privacy. No sanction may be imposed for holding any view, or for changing religion or conviction; and the freedom of thought and religion protects against indoctrination by the state.The public aspect of the freedom, the right to manifest one’s belief in worship, observance, practice or teaching, is subject to limitations and defining the meaning of the freedom is complex; for instance, may refusal to serve in the military or pay taxes be justified on grounds of religion? Many states include guarantees for the right to freedom of thought, conscience, religion and belief in their constitutional traditions; in laws and regulations provisions are incorporated to prevent and punish interference with legitimate manifestations of religion or belief.Nevertheless, violations of the principles of non-discrimination and tolerance in the area of religion or belief are extensive; millions of people enjoy the freedom of thought, conscience, religion and belief only to a limited extent. Most human rights Conventions do not allow governments to impose as many limitations on freedom of religion as on comparable rights such as freedom of assembly and freedom of expression.In the last decades increasing political attention has been given to the freedom of religion, notably in Europe, in the light of rel igious intolerance. 1. STANDARDS One of the first standards for protection against religious intolerance was the founding document of the Republic of the United Netherlands, the Union of Utrecht from 1579, which stipulated that no one will be persecuted because of his religion. With the founding of the United Nations, protection against religious intolerance found its way into modern international standard setting.All regional Conventions contain provisions regarding the freedom of thought and religion: Article 9 ECHR defines the right to freedom of thought, conscience and religion in the same words as Article 18 ICCPR. The First Protocol to the ECHR includes a provision ensuring education and teaching in conformity with the parents’ religious and philosophical convictions. Supervision The international supervisory bodies have dealt with a number of communications regarding violations of the freedom of thought and religion.The Human Rights Committee has dealt with several ind ividual communications regarding freedom of thought and religion. For instance, the Committee has found forbidding prisoners wearing a beard and worshipping at religious services and taking away their prayer books a violation of this right. The Committee affirms that: ‘[T]he freedom to manifest religion or belief in worship, observance, practice and teaching encompasses a broad range of acts and that the concept of worship extends to ritual and ceremonial acts giving expression to belief, as well as various practices integral to such acts’ (Boodoo v.Trinidad and Tobago). The Committee has, however, found that requiring a Sikh who wears a turban in daily life to wear a safety-helmet at work does not violate his right to religious freedom (Singh Bhinder v. Canada). Similarly, the European Court of Human Rights held that refusing a Muslim medical student entry into classes and examinations in accordance with a school ban on head scarves upheld the principles of secularism and equality between men and women and was necessary in a democratic society (Leyla Sahin v.Turkey). In recent years the Committee has departed from its previous jurisprudence, stating that conscientious objection to military service can be derived from Article 18 ICCPR (General Comment 22). In this General Comment, the Committee, inter alia, ‘views with concern any tendency to discriminate against any religion or belief for any reasons, including the fact that they are newly established, or represent religious minorities that may be the subject of hostility by a predominant religious community’.The Committee states, inter alia, that Article 18(2) bars coercion that would impair the right to retain one’s religion or belief, including threats of violence and that designated state religions may not serve as justifications of violations of the right to freedom of religion. The ‘Declaration on the Elimination of All Forms of Intolerance and of Discrimination Ba sed on Religion or Belief’ stipulates that all states must take effective measures to prevent and eliminate discrimination on the grounds of religion or belief.Within the regional systems several cases regarding freedom of thought and religion have been brought before the supervisory mechanisms. The European Court of Human Rights has decided numerous cases regarding the right to freedom of conscience and religion, many of which have dealt with the freedom of religion in Greece. Article 9 protects non-religious beliefs; the Court has said that the values of the article are the foundation of a democratic society: ‘It is, in its religious dimension, one of the most vital elements that go to make up the identity of believers and their conception of life, but is also a precious asset for theists, agnostics, sceptics and the unconcerned’ (Kokkinakis v. Greece). Further to indoctrination, the Court has made a distinction between ‘improper proseltysm’ and â €˜bearing witness to Christianity’, the former possibly entailing brainwashing or violence (Kokkinakis v. Greece). Finally, in a controversial communication regarding assisted suicide, it was stated that freedom of thought under Article 8, that had hitherto included beliefs such as veganism and pacifism, could be applied to the applicant’s belief in and support for the notion of assisted suicide for herself.This was rejected by the Court as her claims did not involve a form of manifestation of a religion or belief, through worship, teaching, practice or observance as described in the ICCPR (Pretty v. The United Kingdom), citing, inter alia, a case where the European Commission had found that not all acts which are motivated by religion or belief constitute ‘religious practice’ (Arrowsmith v. The United Kingdom).In regard to the right to freedom of conscience and religion under the Inter- American system, the Commission has ruled on a number of cases con cerning Jehovah’s witnesses and legitimate limitations of the right. The Commission has found that prosecuting members of that religion for refusing to swear oaths of allegiance, recognise the state and its symbols and to serve in the military is a violation of the right (Jehovah’s Witnesses v. Argentina (Case 2137)). Case of Plan de Sanchez Massacre v. Guatemala (Series C No. 105)). The African Commission has also dealt with the freedom of religion; it has, for instance, found harassment of Jehovah’s witnesses and religious leaders, assassinations and death threats aimed at them and destruction of religious structures in violation of the right (Free Legal Assistance Group, Lawyers’ Committee for Human Rights, Union Interafricaine des Droits de l’Homme, Les Temoins de Jehovah v.Zaire, Communications 25/89, 47/90, 56/91, 100/93). It has also stipulated that the expulsion of political activists was denying them, inter alia, the right to freedom of co nscience in violation of Article 8 ACPHR (Amnesty International v. Zambia, Communication 212/98).