Philippine Artifacts Essay

The Manunggul disturb is evidence of the spirituality of indigenous Filipinos.The Manunggul jar is cultural treasure base in the early 1960s in Manunggul Cave, Lipuun Point, Palawan which is classified as a secondary interment jar, which means that only the bones of the corpse ar placed inside. It has an elaborate design consisting of scrolls and curves on the top cover and is varicoloured with hematite a type of mineral that produces red coloring formerly subjected to heat. However, the most remarkable part of the jar is its lid which features two souls pilotage to the afterworld in a death boat.The figure at the rear is be immenseings a steering paddle, although the blade of the paddle is missing. The one in sc arr is believed to be the soul of the person whose runs argon inside the jar, since it has its implements of war folded across its chest which was the usual position of a corpse organism prep atomic number 18d for burial chamber. It also seems identical the figu res argon wearing cloth bands even over the crowns of their heads, more evidence of indigenous burial workouts in the Philippines. The burial jar which is unrivaled in Southeast Asia and considered as the work of a master potter, signifies the belief of early Filipinos in life after death. It is exit to the juvenile Neolithic Period, about 890-710 B.C.lagoon Copperplate InscriptionThe Laguna Copperplate Inscription is the oldest written instrument ever entrap in the Philippines, and one of very few available artefacts of precolonial times. fit to the inscription on the plate, it was written during the Saka era 822 (which translates to April 21, 900 CE). Portions of the inscription are in Malay, Javanese, and Tagalog, as tumesce as Sanskrit, which is not part of the Southeast Asian linguistic group.The copperplate engraving is now in the posession of the National Museum of the Philippines.InscriptionThe copperplate was a document from a chief of Tundun saying that he has apo logiseed a person named Namwaran of a debt of 1 kati and 8 suwarna (926.4 grams) of gold.The text has been translated as followsLong Live year of Siyaka 822, month of Waisaka, according to astronomy. The fourth day of the waning moon, Monday. On this occasion, brothel keeper Angkatan, and her brother whose name is Buka, the children of the honorable Namwaran, were awarded a document of complete pardon from the Commander in principal(prenominal) of Tundun, represented by the ecclesiastic minister of religion of Pailah, Jayadewa. By this order, through the scribe, the Honourable Namwaran has been forgiven of all and is put downd from his debts and arrears of 1 kat and 8 suwarna before the Honourable Lord Minister of Puliran, Ka Sumuran by the authority of the Lord Minister of Pailah.Because of his faithful service as a subject of the Chief, the Honourable and widely renowned Lord Minister of Binwangan recognized all the life history relatives of Namwaran who were claimed by th e Chief of Dewata, represented by the Chief of Medang. Yes, therefore the existing descendants of the Honourable Namwaran are forgiven, indeed, of any and all debts of the Honourable Namwaran to the Chief of Dewata. This, in any case, shall declare to whomever henceforth that on some incoming day should there be a man who claims that no release from the debt of the HonourableMaitum Anthropomorphic PotteriesIn 1991, archeologists observed anthropomorphic secondary burial jars in Ayub Cave, Piol. Maitum, Sarangani Province, in Mindanao, Philippines. Since this sensational finding, a number of archeologic excavations were conducted to recover these important artifacts. These excavation projectswere either government or in camera sponsored.These burial jars are made of earthenware and characterized by their design and form that looks like or suggests human figures with complete or partial facial characteristics. These are earthenware potteries with incisions and cut-out foot-rings. These humanlike forms were associated with metal implements like bracelets. Some jars are decorated with spyglass beads and shell scoop, spoon, and pendants. Among the anthropomorphic vessels are plain non-anthropomorphic burial jars.According to scientists, these secondary burial jars date back to the Metal Age. The artifacts were go out to 830 +/-60 B.P. (by a calibrated date of A.D. 70 to 370) and 1920 +/- 50 B.P. (by a calibrated date of 5 B.C. to 225 A.D.). Scientists determined the age of the jars by doing radiocarbon date tests on the soot samples taken from a small earthenware vessel. This small vessel was found inside one of the larger burial jar.Angono PetroglyphsThe Angono Petroglyphs are 127 images carved into a argue of judder, and are estimated to date back to 3,000 BC. They were sight in 1965 by Carlos Botong Francisco along the boundaries of Angono and Binangonan, Rizal. It is considered thye earliest prehistoric jar drawings. The site is a rock shelter or a s hallow cave about 63 meters wide, 8 meters deep and 5 meters at its highest point.One hundred twenty dollar bill seven human figures scattered on the wall were made by engraving lines using a valet of precious stone on the step forward of the rock shelter. The cuts vary from ten centimeters down to faint lines figures. The figures consist of account heads, with or without necks set on a rectangular or v-shaped body. The one-dimensional arms and legs are usually flexed. Some incisions on the rock wall are triangles, rectangles and circles. Rock art is final stagely linked with a organization of belief of a particular group of plenty. It is symbolic, not decorative.According to Filipino anthropologist deliveryman Peralta, The engraved drawings are made without any reference to a baseline, suggesting that these were made during different points in time through a long period. In 1996, the petroglyphs were included in the World Monuments Watch, drawing attention to the rock arts conservation. Since their discovery, many of the carvings have been eroded, or destroyed by vandalism.Butuan PalaeographThe Butuan Palaeograph, also known as the Butuan Silver Strip is a piece of metal with inscriptions found in Butuan province in mid-1970s by a team of archaeologists from the National Museum. Treasure hunters who were looking for old ceramics and gold ornaments discovered this metal strip inside a wooden coffin. Coffins of the same characteristics, which date back to the 14th and 15th centuries, were found in the site, however, according to Dr. Jesus Peralta, found inside were human fossils with artificially deformed skulls a practice limited to Southern Philippines and unpopular in Luzon.Because of the similarities found between the coffins, it is middling for the archaeologists to assume that the latter came from that same era. But debates arose regarding the origin of the said artifact, precisely until now, it is considered to belong to Butuan where it was fo und. Dr. Boechari of Indonesia, said Peralta, identified the writings as very close to a Javanese script that existed from 12th to 15th century. This yet-to-be-decipher Butuan palaeograph is now in the hands of Proceso Gonzales, the city engineer of Butuan.Calatagan PotThe Calatagan Pot, excavated by treasure hunters in 1961, is considered to be the first pre-Spanish colonization artifact with traces of indigenous writing. Discovered at Calatagan, Batangas, the scripts are oriented in a left-to-right manner around the blab out of the pot which are separated by marks of five or seven symbols. Studies conducted in the Calatagan Pot arrived at a belief that its scripts is a form of Tanaga a four-versed poetry with no rhyme or a Mangyan Ambahan a type of chanted poetry of seven syllables.The Butuan Ivory sealShown on the right is an osseous tissue seal from Butuan. The upper representation is how a wax impression from the tool would look like. The lower view shows the seem of the ivory seal except that it has been flipped (mirror image) to show the writing in its enlighten orientation. The combination of the positive impression and the negative but flipped view gives a better idea of what the writing looks like than either one alone.The ivory seals provenance is unknown to me. Antoon Postma reports that it was shown to him by Dr. Angel Bautista in 1990 at a conference in Yogyakarta, Indonesia. He says that the seal was in Bautistas custody but does not know whether it belonged to the National Museum or not. The writing is stylized Kavi, each letter being fitted into an oblong package so that it appears distorted. Postma states that the script is similar to that on the inscription of Puh Serang near Kediri go out 1002. He further indicates that the writing says Butban, which presumably stands for Butwan or Butuan since band w are frequently interchangeable. If this is correct, the three symbols need to transliterate as bu, t-ba, and n. Although I am not v ery familiar with this specific variation of the script, I find it hard to see the medial form of u in the first symbol and the t-baligature in the second symbol.Balangay.The Balangay is the first wooden vessel ever excavated in Southeast Asia. Also known as the Butuan boat, this artifact is an evidence of early Philippinecraftsmanship and their early attempts to venture in open waters.The balangay boats were discovered in the late 1970s in Butuan City, Agusan del Norte by archaeologists from the National Museum. at that place were actually nine balangays recovered in the province. The first balangay, now preserve and displayed in a site museum in Libertad, Butuan City, was radiocarbon tested and was dated at year 320. The second boat was dated to 1250, and is now dictated at the Maritime Hall of the National Museum in Manila. The third balangay was transferred to the Butuan regional Museum and is still undergoing preservation. The six other boats, which are yet to be excavated, remain in their original waterlogged condition which is proven to be the trounce way to preserve the said artifacts.Bronze Socketed adzes and MouldsSocketed adzes made from tan are characteristic of the Early Metal Age. Bronze socketed adzes were found in Batu Puti and Uyaw Caves in Palawan Sanga-Sanga in Tawi-Tawi and Batangas. These tools were dated from 300 B.C. to 500 B.C. Clay molds for casting these bronzy adzes recovered in the caves indicate that the people during that time reused damaged bronze implements for making socketed adzes.The present implement known as wasay (axe) in primaeval Philippines could have come from the bronze socketed adze of the Early Metal Age. rock and roll and Shell AdzesPrehistoric man used ground and polished stone tools. It is believed that a stone adze shaped like an upper drift incisor could be found where lightning hit a tree. Today, these stone implements are associated with windfall and lightning. Locally they are called ngipet duldug (thunder tooth), tango han linti (lightning tooth), and dila latik (light-ning tongue).The polished stone adzes that are oval in cross-section were made and used by the people during the Early Neolithic period. Ground stone tools typical of the Quadrangular Adze Culture on the other hand, were found in a late Neolithic jar burial site. They are believed to be used for woodworking. These are small, ground and polished adzes of fine grained stones which are rectangular or trapezoidal in cross-section.The stone adzes were found in Arku Cave, in Penablanca, Cagayan Duyung Cave in Palawan Dimolit, Isabela and Candaba, Pampanga.

The Dusk

Nor domain Gortsby sits on a viridity bench at dusk, a time when, in his estimation, individuals who have experienced defeat in their lives provoke sojourn unrecognized. An remote gentle existence sits nexts to Gortsby, and Gortsby judges him to be a lonely person of no consequence. After a short time, the old man leaves, and his place is interpreted by a younger man, better dressed than his predecessor alone equally downcast. The man tells Gortsby a sad taradiddle of having gone turn up to buy well-nigh soap, then not having been able to find his hotel.Gortsby responds that he had once done the same thing, only in a exotic country, to which the man rejoins that in a foreign land, one could go to the Consul for help, save here at home, there is no help to be had, unless some decent chap would believe his story and lend him some money. Gortsby says he will lend the man some money if he can produce the soap as proof that his story is true, precisely the man cannot, and walks away.Looking on the demesne, Gortsby spies a new bar of soap, goes after the man, and lends him the money. When he returns to the park bench, however, the elderly gentleman who was sitting next to him originally is searching the ground for a lost bar of soap. Two elements of humor that the author wasting diseases in this story are comic irony and satire. Comic irony occurs when the commentator knows something that a character does not, and in this story is evidenced when the young man drolly ends his sad tale with a veiled request for mone.The man manifestly has told his story to make Gortsby feel sorry for him and lend him some money, but Gortsby does not know for sure that his story is a lie. Satire is the use of humor to expose a human frailty. Gortsbys inability to judge his counterparts correctly is comically pointed out in his unstated chagrin when he discovers that, through and through his own miscalculation, he has allowed the young man to outwit him with his sad story of woe.

Cloud Based IT Solutions

For impelling team communication, data on debase is greatly appreciated as it lessens the number of mail threads and attachments. The members are given edit permissions to at the same time update the file and the administrator can manage the application and the users.Cost impelling and ScalableBuying software and deploying in individual systems involves a lot of money and hardware space.Hence Small Medium sized Enterprises (SMEs) prefer using foul applications to minimize cost. Other benefits entangle automatic updates and periodical maintenance, unlimited stock capacity and easy access from any geographical location. Pay-as-you-go model is parkland on all cloud applications or rather its one-time payment and above all the assists are scalable according to the end users exigency without any impact on the performance.To ensure shelter measures have been utilise the service provider issues service level agreements (SLAs) to the legitimate users.DisadvantagesAlthough at that place are lots of pros in cloud computing, one has to accept the fact there can always be an outage or some technical problems. Theres a high risk involved in transferring confidential data to cloud and hence the companys are expected to make sure their data is secured with their service provider.Hackers steal data from a physical machine with side-channel fervidness by monitoring the cached data from a virtual machine. Side-channel attacks are a class of attacks where an attacker attempts to assess the state of a cryptographic twist and its contents. Botnet attack is yet an early(a) crucial issue when malicious codes are injected where the authentic users are denied access. Kourik states new vulnerabilities inherent to Cloud computing include breaches from one virtual computing space to another, misappropriation of session security from web protocols, and limited encryption capabilities in many protocols.(2011)Due to option pooling, the data entered by the previous user m ay be retrieved through data recovery and accessed by the current allocated user.The other issues include tribulation to access data during internet downtime (typically during natural calamities) and flexibility to swap other cloud applications and delayed or no prompt customer support. Although the SLAs are produced by the service provider, the user is bound to do the due assiduity periodically as there are possibilities of having difference administrative laws end-to-end the world.ReferencesADDIN EN.REFLIST Ali, M., Khan, S. U., & Vasilakos, A. V. (2015).Security in cloud computing Opportunities and challenges. Information Sciences, 305, 357. Anca, A., Florina, P., Geanina, U., George, S., & Gyorgy, T. (2014).New Classes of Applications in the Cloud. Evaluating Advantages and Disadvantages of Cloud deliberation for Telemetry Applications.Database Systems Journal(1), 3-14. Choo, K.-K. R. (2010).Cloud computing challenges and future directions.(Trends & issues)(Report).Trends & Issues in Crime and roughshod Justice, 1.

Bloom’s Taxonomy Essay

Skill was ParsedIn this exercise, children learn how to properly utilisation descriptive words when describing themselves. Many lesson plans present school-age childs with colorful pictures to which they argon hypothetical to apply descriptive words. However, some of the pictures rely on children to take up conclusions or so three dimensional factors impossible to derive from a two dimensional, for example, mystic water. Other exercises might be confusing for their ambiguity. If a child is devoted a picture of a barking dog labeled the dog has a loud bark, the child might become confused as to what they ar universe asked to identify, the dog or the bark.Children typically believe themselves to be the revolve slightly of their give worlds for this reason, learning the use of adjectives by applying them to themselves makes the suffice easier for the children to apply the advance words to the correct subject. This pre-existing ability to describe themselves should enable s tudents to sleep together the exercise with relative ease, providing a foundation upon which to build different real-life applications of adjectives. nonsubjective is ClearUsing an outline of the students hand to supply structure to the exercise makes the project relevant to the individual child by connecting it to him- or herself while at the same time creating a akin outcome for all students. No student is able to (or forced to) compass more than others, because with very rare exceptions, all children have only quadruplet fingers and a thumb on each hand. Because they have been describing themselves for their entire lives, the accusive of the lesson should become readily apparent to the students with only minor instruction needed.appraisal Linked to Objective Students are given multiple opportunities to accomplish the occupation provided to them. Each student can assess his or her own domesticate by comparing it with what other students have accomplished in their own pro jects. The teacher can assess each students furtherance based upon the ease or difficulty with which the student has accomplished the chore based on the number of tries that it takes to tell apart the task and the clutchness of the descriptive words chosen.Mental Strategy, Process or ProcedureEach student result be guided into completing the entire task in a completely correct manner. This exercise, although simple to accomplish, uses several teaching strategies, since students are encouraged to use graphical tools (the handprints) to encourage thinking skills through utilise learning.Assessment Task is not InertAlthough there is some orifice that a student might simply wait to copy what other students have done, based on the component of sharing their result in a round robin, most students should comply with the requirement to write about themselves. The exercise is organized to give students definitive feedback as to how it applies to themselves, both in the self-descriptiv e words and in the sentence that forces both a choice of an appropriate word and the application of that word.Varied Examples/Transfer of LearningStudents apply this process to thinking about themselves, instead of thinking about a influence of cartoons or pictures. Because it is already a real-world exercise, students should be able to transfer what was knowing to other real-world situations.Opening Statement to StudentsToday, we have a chance to be artistic. First, youre all going to look at some pictures and tell apart me what you see. After that, youre going to have a chance to draw a picture and tell me about yourselves.Individual Evaluation in that respect is no right and wrong in this exercise, except for the use of adjectives all over other words. Because students go away be guided to describe themselves, there impart be no correct adjectives over any others. However, all students will be guided to complete the exercise with the words they call for. Evaluation will be done on an individual basis, in terms of how many a(prenominal) iterations of the exercise the student needed before the exercise was completed.Learning Probes/ Subskill(s)Students will be given learning probes in the first part of the exercise, when postulation for descriptions of the pictures, such as how would you describe the womans hair or how would you describe the mans face? These questions should give the students an idea of what they should be thinking of describing in terms of themselves.Visual/Verbal Encoding This entire exercise pairs visual and verbal learning skills. Students are encouraged to scan a picture or a photograph and to assign a word or words to what they are seeing. After they have wise to(p) to make the associations on pictures or photographs, they then are asked to continue fashioning such associations on themselves. The picture in question, however, is only an abstract way of themselves, for all that it represents them. Instead, they are asked to use their own concepts of their appearances in order to complete the exercise. This process requires the student to extend what he or she has learned from a static external image to themselves and possibly to other living beings. unfolds taxonomy This exercise covers a wide range of the concepts in the cognitive domain of crests Taxonomy. The student demonstrates knowledge by being able to describe an object and defining what is seen. He or she shows intelligence and application by being able to generalize the concept from images to him or herself. A certain degree of analysis and evaluation is required to choose a descriptive word, which may also require some tax write-off when confronted with a new image or item.ReferencesClark, D. (n. d.). Learning domains or Blooms Taxonomy. Retrieved 1 Jan 2008 from http//www.nwlink.com/donclark/hrd/bloom.html

Pediatric Healthcare Disparities Essay

Disparities in health c be of children are complex problem that is associated with the disparities that exist in health care systems. These inequalities in the access to health care include the fol beginninging factors race and heathenishity, amends status, education, English language proficiency, and poverty(Sobo, 2006). The aforementioned factors affect access to healthcare and the woodland of service received. The racial disparities in pediatric healthcare are a tremendously pervasive depressing problem.Instead of those who most need the healthcare receiving it, they are given little priority hence these function did non reach them(Lieu, 2003). Among the most important ventures of soundness of health in children is organism able to acquire healthcare serve that are of high eccentric. Childrens health needs detach and apt use of medical examination operate like physical examinations, laboratory test for diseases, and immunizations. These run are strip to the childr en of the socio economic minority.Healthcare disparities observed pertains to slight access to healthcare services and acquisition of low prime(a) health care services by people whom are low-down, of racial and cultural minority, restrain English proficiency, and low educational attainment. Children that belong to the racial and pagan minorities receive an inferior quality of healthcare. Not lone(prenominal) are there a small soma of children in the minority class suffering from this type of problem nonwithstanding millions of them(Beal, 2004). Mortality in infants in minatory communities is doubled when compared to the mortalities of infants of the White communities. veritable(a) this maternal and societal healths most significant gauge confirms that the existence of racial and ethnic disparities is true. In United States, the people of food coloring at present stir a bleak healthcare condition. somewhat 20 percentage B deficiency and 30 percent Hispanic Americans d o non have consistent source of medical care compared to less than 16 percent of the White Americans. There is a three-fold increase to the poesy of Hispanic children that do not have access to healthcare when compared to children that are not Hispanic Americans(AHRQ 2000).These alarming data poses a threat to the nation of health oddly of children that belongs to this people that belongs to the racial and ethnic minorities. Studies which were through with(p) for the purpose of the factors involved in the disparities of pediatric healthcare are of significance in identification of populations involved in these dilemma. In a study done by Hambinge et al, it was embed that in well-child visits (WCVs) the black and Latino children were given less counseling(Hambidge, 2007).Racial minorities in United States such as the Latino and Black children are the main population that suffers from these inconsistencies in the provision of healthcare. Scott (2004) indicated in the finding of their study that Hispanic or Latino children has increased risk of having no access to healthcare services in the last 15 years. Hispanic or Latino is defined in the study as individuals that came from countries in Central America, North America, Caribbean, and Europe.The absence of access to healthcare services was found to be greater in Hispanic/ Latino children with low economic status, whose parents have no college degree, and born in other countries or not born in United States. The race which is most predispose to lack of access healthcare are children of Mexicans due to their poverty status or low educational achievements(Scott 2004). The study of Flores (2005) found an intimacy in childrens health and healthcare to Limited English Proficiency (LEP) of their parents. This factor has a significant impact as a barrier for the acquisition of healthcare in children.The research also indicated that parental LEP has a direct association to the disaster that children in need of m edical care can not be brought to healthcare pass onrs. Racial and ethnic healthcare disparity is bewildern through this study because the bulk of the children that participated in the study were of racial and ethnic minority groups, 82 percent Latino, 2 percent Caribbean black, 10 percent African American, 2 percent non-Latino white, 1 percent African, 0. 3 percent Asian, and 1 percent combination of other races. Large portion of this dynamic population can not speak English very well.Thus, the capability to speak English fluently of children and their parents bequeath determine their occur of receiving appropriate healthcare services(Flores, 2005). The continuing presence of racialism in the healthcare vault of heaven of the society is found to be related to the underrepresentation of minority racial and ethnic groups in professions of the medical industry. Generally speaking people that are poor are predominantly people of color such as the Blacks and Hispanics. meagrenes s does not allow them to be with the education needed to work in healthcare industry so they are underrepresented in this profession.Study results prove that people of color in the medical profession tend to provide more healthcare services to those people which are also of color. The possibility of providing healthcare services to the poor portion of the population is also turn out to be attributed to those medical professionals that are people of color. This underrepresentation explains why the racial and ethnic minority receive less healthcare services(ERASE ). Even though it is state that in professional fields the race of an individual hardly matters it is seldom true.The complexity of the factors that are involve in the disparities of healthcare in universal should not hinder in the search and implementation of solutions that will help the disparities suffered by the people of racial and ethnic minority, low educational attainment, limited English proficiency, and economica lly challenged. It is the responsibility of healthcare providers to serve the public with comparability to promote the health status of the whole population instead of only those that belong to the elite portion of the population.The present ways of addressing the disparities in healthcare is focused not only on the professionals that will provide the services but also to the public consumers of these services. The goal is centered towards providing equal chance of receiving quality healthcare services. One of these strategies is the establishment of guidelines that will help medical practitioners handle, diagnose, and treat with professional competence the health cases of the people that belong to socioeconomic minority.Another strategy is helping the patients and their families pursue healthcare of high quality thru assessment of healthcare services provided by the healthcare recipient or client. Publications are written in various languages to facilitate understanding of the li mit by those people that are with Limited English Proficiency. Booklets or pamphlets are also produces to help parents assess if their children were provided with health services of high quality. The theatrical performance for Healthcare Research and Quality (AHRQ) is also finding ways to develop enhanced strategies for quality improvement of healthcare services.Their initiative is focused on eliminating healthcare racial and ethnic disparities, supporting of the healthcare providers that supply services to communities of the minority people, and conducting seminars or trainings on how to address healthcare disparities(AHRQ 2000). The existence of racism can not be denied even though the society has already learned to accept that people are of diverse cultures and beliefs. Various organizations have been established to stop the disparities in healthcare of children and promote equality in the acquisition of these services.Despite the research and strategies that are implemented to counteract the change magnitude numbers of children having no access to good quality healthcare especially those of the minority racial and ethnic origin, the problem is still present on its complexities. Though its a cliche children are the future of any nation thus it is only prompt that actions should be undertaken to promote holistic growth of their well being. Eradication of these disparities in pediatric healthcare will ensure that tomorrows generation will have a better health.

Judicial Method: Activism vs Formalism

Judicial Method activism versus formalism A new succession has emerged from the societal and legal changes that have occurred in Australia. The age of Judicial activism has taken over the much traditional mode acting of judicial formalism. Supporters of the latters concerns that it promotes power without responsibility, and blurs the separation of powers, however the supporters of the former agree that inevitable changes in society force the judiciary to acknowledge that judicial formalism is a order that is not completely obsolete, but takes is less of a aboriginal concern as it were, comp atomic number 18d to other factors that effect a case.Those who are in favour of judicial activism argue that genial change has increased the regard for legal change and settle postulate to be able to misrepresent decisions considering external factors and apply cultivatees other than the law that make judicial method more subjective, adhering to legislation and legal policy but giv ing more significant acknowledgement to situational factors. The Honourable Michael Kirbys pro-activism term centers around the conceive that judicial method must divert from the traditional method of legalism that nicety Kirby defines as stark logic and high technique.It starts by outlining the call for for the judiciary to make this transition into judicial activism due to societal changes, where strict legalism is put under pres trus 2rthy. nicety Kirby then goes on to explain that the method of judicial activism should not be ab enforced by the settle, where it should be anchored in legal authority and be neither wholly mechanical or excessively creative. He describes that restraint be used when using judicial activism to ensure that a total ignorance of the written law does not occur .A similar article about pro-activism by Michael Coper agrees that the phenomenon of companionable change. has accelerated the rate of legal change and put a pressure on concepts like stri ct logic and high technique , thus supporting the viewpoint that judicial activism is a reaction to social change. Another article by Frank Carrigan praises arbiter Kirbys use of judicial activism directly, outlining this by comparing arbiter Kirbys methods with Gava, a blind drunk believer in the Dixonian theory of legalism.It explains that even Chief Justice Dixon J, considered to be a leader in the legal formalism movement, used strange methods of psyche, promoting legalism but applying judicial activism . This is evidence that change to judicial activism is inevitable as societal changes occur. Pertaining to the other articles, however, there are some shortfalls in Justice Kirbys article that must be addressed. Firstly, the article does outline that authoritative restraint must be used when applying judicial activism in the process for a judgment.However, exactly how this restraint will be measured, or the factors to be considered in which a judges judicial method is consi dered to mystify these boundaries are not mentioned in his article. He also fails to describe the consequences of the red ink of judicial formalism, that a failure of the independent judges to keep external factors other than the legal text as impartial dynamics or else than personal ones would result in a cataclysmic failure to discover justice. A leaving in consistency would result in a loss in prevalent confidence in the judicial schema.Also, Justice Kirbys proposal of a more transparent judgment, where the judicial method and processes used to achieve a judgment is open to the general public for critique, may be a technique in which to make sure that a judge does not overstep the restraints, but by openly presenting the judicial method and decision process of a controversial judgment for critique to a society that is already critical of the judicial system may backfire and result in a pull ahead loss of public confidence instead of building credibility.Contrasting again st Justice Kirbys heavily biased pro-activism article, is Justice Heydons article that describes the absolute need for adherence and paramount importance to the impartial application of the legal text. Justice Heydons article clearly outlines what Justice Kirbys article does not, the downfalls of having a judiciary use judicial activism. Justice Heydon points out that by allowing judges to use judicial activism, it tends to the destruction of the rule of law by impairing two qualities that are expected of a judge, a firm grip on the applicable law andtotal probity. The article continues to nominate that there is a blurring of the separation of powers, and this becomes a problem as the facility for a general assembly to make laws compared to that of a judge results in concerns about the clarity, inconsistency, decisiveness and retrospectivity of the laws that are changed or made by the judiciary. Justice Heydon proposes that it is not primarily the prevail of the judiciary to crea te and change laws, that it should be a circumscribed amount, limited to the legislature, and that the failure to adhere to judicial formalism or legalism would result in failures in various areas of the application of law .John Gavas article adds to the need for strict legalism, by indicating that human error in judges can create issues in consistency, and that with a state of mind the is of legalism, a more institutional mindset can be achieved that relies more on a collective wisdom which create decision that conform, rather than those that are more individualized when judicial activism is applied .Owen Dixons article further outlines a deeper issue at hand with the abandonment of judicial formalism, the loss of the ability to mount legal principle. It states that there was a attempt to develop the law as a science which would not be practicable by neglecting the very strict logic and high technique that is constantly used to describe legalism . As with any legalistic paradigm or state of mind, it is inherent that there will be a pro to a con, an advantage to a disadvantage.According to these articles it is clear that the more common increment of activism is due mainly to societal change, and the resurrection of formalism has occurred due to concern for the drawbacks that takes swan with activism, and rightly so. The former three pro-activism articles and the latter three pro-legalism/formalism articles eulogy each other in revealing the advantages and flaws of both judicial methods. later on the analyses of these articles, it is apparent that an appropriate balance between the two judicial methods be maintained, always changing, according to the change in Australias society. Bibliography Justice j D Heydon, Judicial activism and the death of the rule of law, (2003), 23 Aust Bar revolutions per minute 110 John Gava, ANOTHER BLAST FROM THE PAST OR wherefore THE LEFT SHOULD EMBRACE STRICT LEGALISM A REPLY TO FRANK CARRIGAN, (2003) 27 Melb U. L. Rev. 1 88 The Right Honourable Sir Owen Dixon, G. C. M. G, Concerning Judicial Method, (1956) 29 The Australian Law daybook 469

Midterm Test Review: History Essay

Early SettlementHalfway Covenant- A Puritan church service document In 1662, the Halfway Covenant tout ensembleowed partial membership rights to persons not yet converted into the Puritan church It lessened the difference amongst the elect members of the church from the regular members Women soon do up a bulky-scaler portion of Puritan congregations.Massachusetts Bay Comp some(prenominal)(prenominal)-One of the first settlements in unused England established in 1630 and became a major Puritan colony. Became the pronounce of Massachusetts, genuinely where capital of Massachusetts is located. It was a major trading center, and absorbed the Plymouth companionship mayflower Compact- A contract made by the voyagers on the Mayflower agreeing that they would form a simple brass where majority ru lead.Plymouth Colony- Plymouth was the first abiding European settlement in New England, founded by the Pilgrim Fathers aboard the Mayflower.Puritanism-Belief that Catholic church was c ompletely corrupt and wanted to reform even more. support Church of EnglandRoad to RevolutionBoston Massacre-a riot in Boston ( expose 5, 1770) arising from the resentment of Boston colonists to cont shut bulged British legions quartered in the city, in which the troops fired on the mob and killed several persons. declaratory Act-In 1766, the English fantan repealed the Stamp Act and at the same time signed the Declaratory Act. This document stated that parliament had the right to bind the colonies in all good examples whatsoever. It is important in history because it stopped the violence and rebellions against the value on stamps. Also, it restarted trade with England, which had temporarily stopped as a defiant reception to the Stamp Act.Proclamation of 1763-The Proclamation of 1763 was an English law enacted aft(prenominal) gaining dominion from the French at the nullify of the French and Indian war. It forbade the colonists from settling beyond the Appalachian Mountains . The Colonists were no yener proud to be British citizens after the enactment. The Proclamation of 1763 caused the first major revolt against the British.Stamp Act- In 1765 Parliament passed the Stamp Act, requiring the colonists to pay for a stamp to go on umteen of the documents essential to their lives. These documents included deeds, mortgages, liquor licenses, playing cards, and almanacs. The colonists heartily objected to this direct tax and in protest petiti unrivaledd the king, formed the Stamp Act coitus, and boycotted English imports. In 1766 Parliament repealed the Stamp Act, a major victory for colonists.Virginia Resolves-These were statements made by doubting Thomas Jefferson (Kentucky) and crowd together Madison (Virginia) rebuking the Alien and Sedition Acts. This was the first look of the doctrine of nullification.virtual deputation-A bringing of an carry out on behalf of a fellowship or parties unnamed, as in the case of a class action where a number of pe ople consecrate an interest similar to the named troupe, and upon whom the motor lodges judgment will be binding. It is often preferable to crap a guardian ad litem appointed to protect the interests of the nonparties.Revolutionary warfareBattle of Yorktown-The last battle of the Revolutionary struggle, fought in 1781 near the seacoast of Virginia. There the British general Lord Cornwallis surrendered his army to General George Washington.Thomas Jefferson- Thomas Jefferson was a member of the House of Burgesses, wrote the Declaration of license, was ambassador to France, and was the chair of the United States of America. He did all these things before, during, and after the Revolutionary war. With his Declaration of Independence he declared the colonies independence from England. While President, he bought the Louisiana obtain and had Lewis and Clark to explore it.Under the executive branch of the new constitution, Thomas Jefferson was the writing table of State. When Alex ander Hamilton wanted to execute a new issue bank, Jefferson adamantly spoke against it. He felt it would violate states rights by causing a huge competitor for the state banks, then causing a national monopoly. Jeffersons argument was that since the organic law did not say congress could create a bank they should not be transmitn that power. This is the philosophy of nonindulgent construction. Thomas Jeffersons beliefs led to the creation of the political party, Democratic Republicans.olive Branch Petition-Thomas Paine-Thomas Paine was a passionate and persuasive writer who published the bestseller, Common Sense in 1776. Paine had the radical idea that the colonies should set up America as an independent, democratic, republic away from England. Over 120,000 copies of his book were exchange and this helped spark the colonists rebellion later that year.2nd Continental Congress-The Second Continental Congress met in Philadelphia on May 10, 1775. Three delegates added to the C ongress were benjamin Franklin, Thomas Jefferson, and fanny Hancock. The Congress took on governmental duties. (United all the colonies for the war effort.) They selected George Washington as Commander in Chief. They encouraged the colonies to set themselves up as states. On July 4, 1776 they adopted the Declaration of Independence. The Congress ended March 1, 1781 when a Congress authorized by the Articles of Confederation took over.Constitutional catameniaAntifederalists- People against federalists in 1787 disagreed with the Constitution because they believed peoples rights were being interpreted away without a Bill of Rights also did not agree with annual elections and the non- pull roundence of God in the government.Articles of Confederation- The first constitution governing the Untied States after the Revolution it was validate in 1781 and it provided for a firm league of fellowship the legislative branch (Congress) had no power to dictate commerce or forcibly collect tax es and there was no national executive or judicial branch it was an important stepping-st champion towards the present constitution because without it the states would never rent consented to the Constitution. shoots of rights- The first ten amendments of the Constitution, the bill of rights was added in 1791 when it was adopted by the required number of states. It guarantees such civil liberties as remedydom of speech, unloose press, and emancipation of religion. Written by James Madison.US Constitution- The foundation of our countrys national government was drafted in Philadelphia in 1787 the Constitution establishes a government with direct authority over all citizens, it defines the powers of the national government, and it establishes protection for the rights of states and of every individual.The Federalist-The Federalist was a series of articles written in New York newspapers as a source of propaganda for a stronger central government. The articles, written by Alexander Hamilton, John Jay, and James Madison, were a way for the writers to express their belief that it is better to have a stronger central government. The papers turned out to be a penetrating commentary written on the Constitution.Federalists-A United States political party consisting of the more respectable citizens of the time Federalists lived along the eastern seaboard in the 1790s believed in advocating a strong federal government and fought for the word meaning of the United States Constitution in 1787-1788. nifty Compromise- 1787 This agree was mingled with the large and small states of the colonies. The Great Compromise resolved that there would be way by population in the House of Representatives, and equal representation would exist in the Senate. Each state, regardless of size, would have 2 senators. All tax bills and revenues would originate in the House. This compromise combined the needs of both large and small states and formed a fair and sensible resolution to thei r problems.New Jersey Plan- a plan, unsuccessfully proposed at the Constitutional Convention, providing for a virtuoso legislative house with equal representation for each state. northwest Ordinance-The Northwest Ordinance took place in 1787. They said that sections of land were similar to colonies for a while, and under the control of the Federal Government. Once a territory was dwell by 60,000 then congress would admit it as a state. The original thirteen colonies were charters. Slavery was prohibited in these Northwest Territories. This plan worked so good it became the model for other frontier areas.Republicanism-The theory of Republicanism was that the government was under the authority of the people it governs. The power in the peoples hands is the fundament for Democracy. The writers of the constitution used the Republicanism theory.Daniel Shays- Captain Daniel Shays was a radical veteran of the Revolution. He led a rebellion, fittingly named Shays Rebellion. He felt he w as chip against a tyranny. The rebellion was composed of debtors demanding cheap paper money, lighter taxes, and hiatus of mortgage foreclosures. He was sentenced to death and was later pardoned. The rebellion in 1786 helped collar to the Constitution and Shay somewhat became one of the Founding Fathers.Three-fifths Compromise-The three-fifths compromise was where a moody slave was counted as three-fifths of a person when they were count the population. The southern states wanted them counted as one whole person for more representatives in the House of Representatives. The northern states did not want them counted at all.Virginia Plan-a plan, unsuccessfully proposed at the Constitutional Convention, providing for a legislature of two houses with proportional representation in each house and executive and judicial branches to be chosen by the legislature.Early USLouisiana Purchase- In 1803 Thomas Jefferson purchased 828,000 material miles of land for 15 million dollars from N apoleon the leader of France. The land atomic reactor stretched from the Gulf of Mexico all the to Rocky Mountains and Canada. The purchase of this land sprouted national pride and ensured expansion.Marbury v Madison- Sec. of State James Madison held up one of John Adams Midnight Judges appointments. The appointment was for a Justice of the Peace daub for William Marbury. Marbury sued. Fellow Hamiltonian and Chief Justice John Marshall dismissed Marburys suit, avoiding a political showdown and magnifying the power of the woo. This case cleared up controversy over who had final say in interpreting the Constitution the states did not, the Supreme Court did. This is judicial review.second Compromise- Maine as free state, Missouri as slave state, slavery prohibited north of 3630Sacajawea- Shoshone guide and interpreter who accompanied (1805-1806) the Lewis and Clark expedition.Treaty of Ghent-It was an agreement signed by the Americans and the British that agreed to stop fighting whi ch potentially led to the end of the War of 1812. It was signed before the Battle of New Orleans, but Americans did not learn of the treaty until after the victory at New Orleans. Americans fabricated the victory for the war. The British signed quickly because they were more concerned with European affairs.Jackson, Middle 1800sJohn C Calhoun-John C. Calhoun was part of the New Southern Congress of 1811. He was a representative for South Carolina and one of the original War Hawks. Calhoun supported the Tariff Bill of 1811 because he position the bill would lead to manufacturing in the south and cultivation of cotton. He later changed his mind, though, and opposed it because the bill was being used to enrich Northern manufacturers.Lowell Mills- young women employed by Lowells textile company, housed in dormitoriesnullification- The federalist party had passed the alien and sedition acts to regulate the strong opinions of the republicans. These laws violated the freedoms of the first amendment granted to the people, and prosecuted them for speaking out. Thomas Jefferson and James Madison protested the laws by writing the Virginia and Kentucky Resolutions, which asked the states to declare the laws null. They thought that nullification was the rightful(prenominal) remedy. Virginia and Kentucky were the only states that voted for this nullification, which is to lay down a law invalid.Second Great Awakening- religious movements, traveling meetings, rise of Baptist and Methodist ministries Charles G. Finney Worcester v Georgia- Court caseGeorgia cannot enforce American laws on Indian tribes.Antebellum USWilliam Lloyd Garrison- William Lloyd Garrison printed The Liberator, a radical abolition newspaper.Mason-Dixon Line- the boundary in the midst of dada and Maryland, partly surveyed by Charles Mason and Jeremiah Dixon between 1763 and 1767, popularly considered before the end of slavery as a line of demarcation between free and slave states.Paternalism- the syste m, principle, or practice of managing or governing individuals, businesses, nations, etc., in the modal value of a father dealing benevolently and often intrusively with his children The employees objected to the paternalism of the old president. unvarnished folk- white yeoman farmersslave codes-In 1661 a set of codes was made. It denied slaves basic rudimentary rights, and gave their owners permission to treat them as they saw fit.Nat Turner- Black priest led a revolt in Virginia 1831, killed 60 people(mostly women and children). This scared the Southerners because it was the first authentically violent action of the slaves. As a result slave codes were made stricter.Yeomen- An owner and cultivator of a small farm.Road to urbane WarBleeding Kansas-Kansas was being feudd for free or slave blot during 1854-1857, by popular sovereignty. In 1857, there were enough free-soilers to overrule the slave-soilers. So many people were feuding that disagreements eventually led to killing i n Kansas between pro-slavery and anti-slavery forces.John Brown-John Brown was a militant abolitionist that took radical extremes to make his views clear. In May of 1856, Brown led a group of his following to Pottawattamie Creek and launched a bloody attack against pro-slavery men killing 5 people. This began violent retaliation against Brown and his followers. This violent attack against slavery helped give Kansas its nick name, bleeding Kansas.Dred Scott decision- Scott was a black slave who had lived with his master for louver years in Illinois and Wisconsin territory. He sued for his freedom on the basis of his long residence in free territory. The Dred Scott court decision was handed down by the Supreme Court on March 6,1857. The Supreme Court ruled that Dred Scott was a black slave and not a citizen. Hence, he could not sue in a federal court.Wilmot Proviso-Dispute over whether any Mexican territory that America won during the Mexican War should be free or a slave territory. A representative named David Wilmot introduced an amendment stating that any territory acquired from Mexico would be free. This amendment passed the House twice, but failed to ever pass in Senate. The Wilmot Proviso, as it became known as, became a symbol of how intense dispute over slavery was in the U.S.ReconstructionBlack codes-The Black Codes were laws that were passed in the southern regimes in the south after the Civil War. The laws were designed to regulate the affairs of the freed blacks. They were aimed to ensure a stable labor supply and they desire to restore, as closely as possible, the pre-freedom system of racial relations. They recognized freedom and a few other rights, such as the right to marry, but they still prohibited the right to serve on a jury, or renting or leasing land. No blacks were allowed to vote. They mocked the ideal of freedom and created horrible burdens on the free blacks who were desperately struggling to make it. The north viewed it as re-enslav ing the freed slaves. They thought that if this was true then the war was fought in vain. These laws caused Radical Republicans to pass the Civil Rights Act in 1866.Compromise of 1877-During the electoral standoff in 1876 between Hayes (Republican) and Tilde (Democrat). The Compromise of 1877 meant that the Democrats reluctantly agreed that Hayes capacity head office if he ended reconstruction in the South.Fifteenth Amendment-An internalization of black suffrage into the federal Constitution. The Amendment was passed in congress in 1869 and was ratified by the required number of states in 1870. Before ratification, Northern states withheld the suffrage from the black minorities. The South felt that the Republicans were hypocritical in insisting that blacks in the South should vote. The moderates wanted the southern states back in the Union, and thus free the federal government from direct responsibility for the protection of black rights. The Republicans were afeared(predicate) that once the states were re-admitted they would amend their constitutions and withdraw the ballot from blacks. The only ironclad guard duty to cease the tension was the Fifteenth Amendment.Andrew Johnson-What President after Lincolns assassination When 1864-1868( president) Why An accidental president who was an ex-Tennessee Senator. Johnson was Lincolns vice-president. He was a Southerner who did not understand the North, a Tennessee who had never been accepted by the Republicans, and a president who had never been elected to the office.Republicans feared that Southerners might join men with Democrats in the North and win control of Congress. If the South ran Congress blacks might be enslaved once again. To protest blacks, Congress passed the Civil Rights Bill, but Johnson vetoed the Bill. Congress tried to have Johnson impeached. The bill to have him impeached passed in the Senate. The one long achievement that Johnsons administration committed was the purchase of Alaska.Ku Kl ux Klan-In 1866, Tennessee formed one of the most notable anti-black groups. They were against any power or rights a black might have. They were violent and often times they killed blacks to keep them in their place.Sharecropping- afterward the Civil War former landowners rented plots of land to blacks and poor whites in such a way that the renters were always in debt and therefore tied to the land.