Iconology and Semiotics Comparison Essay Example

Iconology and Semiotics Comparison Essay Example Iconology and Semiotics Comparison Essay Iconology and Semiotics Comparison Essay 11/11/2013 Edgar Gomes Prof. Brooks, Art History and Appreciation II Art Paper # 2: Iconology and Semiotics Comparison We as humans all have an item or two that has been passed down or inherited. Whether it is from a family member or a close friend, we have received something that has a deep meaning and/or tells a story about someone or something that extremely relates to ones self. The meaning the original object or story holder has, does not mean it is understood by others who hold the same story or object. As a 2 years old kid, I received a tiny sphere shaped black stone pendant, with white polka ots and gold plates on the north and south points. As I got older and was explained what it meant to our culture, I started understanding and appreciating it as I grew older. The sphere is supposed to protect the person who receives it from all evil and bad luck. It is usually given to the children from the mother or a close family member. Also the purpose and meaning is defeated if someone gives their selves the sphere. To other cultures, or people I am sure the sphere is considered Just a gifted sphere from someone with nothing else but an object and over seen as such an intangible meaning and beliefs. In the art world this situation is consider iconology and/or semiotics. During this paper I will be discussing how I think iconology and semiotics are very similar. In our everyday lives we go through things we dont know the meanings of or how it came about. Iconology is a great deal of this concept. Iconology is the study of visual imagery and its symbolism and interpretation, especially in art, social and political terms. This term was given by the Erwin Panofsky (1892 1968) when he published Studies in Iconology during 1939. In Panofskys study of art objects and images there are 3 points. The 1st level is as simple as identification. For example, if I showed you a picture of a man with armor on his body and sword in his hand, you are going to automatically identify the man as a warrior without anyone telling you that. The 2nd point is connecting artistic patterns with concepts, themes or conventional meaning. This step is linking what you know about the artist patterns based on theme and concepts. His 3rd point is probably best explained when quoted, It is apprehended by ascertaining those underlying principles which reveal the basic attitude of a nation, a period, class, a religious or hilosophical persuasion qualified by one personality and condensed into one workl . In other words Panofsky is saying that we have to use our own interpretation from common knowledge of the art product in order to comprehend it. If I asked anyone to think of and draw an old school cowboy, I would most likely have the same description of one as they would. He would have mulatto/dark skin, bow and arrows, fit/muscular body and a gentleman on a horse. However, if I asked for someone to think of a modern cowboy, they would think of the latest Caucasian, wild west, big ough hands, horse riding, with a gun on the waist or ankle holster and whos an asshole to most people. I am sure these are the image that comes to most peoples mind who thinks of those two different cowboys. This here to me is a great example cowboys thru pictures, art, movies and stories. The items/obJects and descriptions of the cowboys are icons to us and how we relate to who they are and what period of time it is. Semiotics is the study of symbols, signs and interpretation. In other words, it is the observation and use of signs and symbols. In the art worlds the nterpretation is all about the audience/viewer. Whatever it is they intake and digests about the art work, symbol or signs is what matters in this case. Semiotics happens to use in an everyday life basis and some of us dont even know or care for. Just as iconology, it has to do a lot with cultural, religion, nation, and period in time. All those points that connect iconology and semiotics are Just plain knowledge and experience in my opinion. With both having very strong similarities as one basically makes the other. Also it wouldnt be far fetching if someone can said they basically make each ther. I would not disagree with someone that says that because I find that totally acceptable. With iconology comes a symbol and representation of what you know and can identify with a person or a thing. That meaning comes from the persons logic, knowledge, culture, nation and period in time. In my opinion, the only little difference from the two mythology is where the person has no info or knowledge personally or given of the art work. For example, in 1943, Pablo Picasso described this to photographer George Brassal about his Bulls Headii artwork, Guess how I made the bulls head? One day, in a pile of objects all Jumbled up together, I found an old bicycle seat right next to a rusty set of handlebars. In a flash, they Joined together in my head. The idea of the Bulls Head came to me before I had a chance to think. All I did was weld them together [but] if you were only to see the bulls head and not the bicycle seat and handlebars that form it, the sculpture would lose some of its impact. 2 This is why I believe that both mythologies are so similar and feed off one another. In iconology terms this object could be a symbol that people have seen most nd relate the most from before throughout their life time, and it would most likely and up signifying a bicycle which most people have seen and relate to, appose to a bull. At the same time, someone can get to that same conclusion using Semiotics because if all one sees visually is what they had experienced in the past, which in this case I am sure most people have seen and dealt with a bicycle more than a bulls head. So naturally those people are going to relate to the sculpture as a bicycle. Experience and knowledge has a lot to do with these two mythologies and how one reacts visual, emotionally, and mentally. Another example I can give about how these two are very similar but yet a bit different is on the title. Without the title of the art work, there is no telling what a persons idea of the sculpture would be. However, given the title, which would affect the iconic knowledge of a person, people would surely have the idea that the sculpture is a bulls head. That little difference of where someone or something tells you what something means can be the difference in how you intake something solely based on your own opinion, emotion, or knowledge. To conclude, iconology and semiotics have extreme similarities but however do have a mall difference in my opinion. They actually even collaborate with each other because seeing and understanding something means you need the base knowledge of something. Something involving iconology is when an icon or object has been given to you over time with other art work knowledge, which is sometimes slightly perspective of the art work can be different since is Just based on the persons own emotion, knowledge, experience and time. As the example that I gave earlier about the Bulls Head, The mythologies are so similar that they basically lead to the same utlook and view on how one might end up getting the same perspective of the art work. However, they are still a tiny different and a small change to the detail as the title being given. Also knowing that Picasso was a Spaniard, and having the very common knowledge that it is a yearly tradition that they have the running of the bulls in Spain, can make the difference within the two mythologies. i Cape Verdean spirit sphere/ball pendant ii Penrose, Roland (1981). Picasso: His Life and Work, Third edition. University of californta press. p. 345. ISBN 0-520-04207-7.

History of the US Congressional Gag Rule

History of the US Congressional Gag Rule The gag rule was a legislative tactic employed by southern members of Congress beginning in the 1830s to prevent any discussion of slavery in the House of Representatives. The silencing of slavery opponents was accomplished by a resolution first passed in 1836 and renewed repeatedly for eight years. The suppression of free speech in the House was naturally deemed offensive to northern members of Congress and their constituents. What came to be widely known as the gag rule faced opposition for years, most notably from former president John Quincy Adams. Adams, who had been elected to Congress following one frustrating and unpleasant presidential term in the 1820s, became the champion of anti-slavery sentiment on Capitol Hill. And his stubborn opposition to the gag rule became a rallying point for the growing abolitionist movement in America. The gag rule was finally rescinded in December 1844. The tactic had been successful in its immediate goal, the silencing of any debate about slavery in Congress. But in the long term, the gag rule was counterproductive... The tactic came to be viewed as patently unfair and undemocratic Attacks upon Adams, which ranged from attempts to censure him in Congress to a constant stream of death threats, eventually made his opposition to slavery a more popular cause. The heavy-handed suppression of debate over slavery heightened  the deepening divide in the country in the decades before the Civil War. And the battles against the gag rule worked to bring abolitionist sentiment, which had been considered a fringe belief, closer to the mainstream of American public opinion. Background to the Gag Rule Compromises over slavery had made the ratification of the United States Constitution possible. And in the early years of the country, the issue of slavery was generally absent in Congressional debates. One time it arose was in 1820 when the Missouri Compromise set a precedent about the addition of new states. Slavery was being made illegal in the northern states in the early 1800s. In the South, thanks to the growth of the cotton industry, the institution of slavery were only getting stronger. And there seemed to be no hope of abolishing it through legislative means.   The U.S. Congress, including nearly all members from the North, accepted that slavery was legal under the Constitution, and it was an issue for the individual states. However, in one particular instance, Congress did have a role to play in slavery, and that was in the District of Columbia. The district was ruled by Congress, and slavery was legal in the district. That would become an occasional point of debate, as congressmen from the North would periodically urge that slavery in the District of Columbia be outlawed. Until the 1830s, slavery, as abhorrent as it may have been to many Americans, was simply not discussed much in the government. A provocation by abolitionists in the 1830s, the pamphlet campaign, in which anti-slavery pamphlets were mailed to the South, changed that for a time. The issue of what could be sent through the federal mails suddenly made anti-slavery literature a highly controversial federal issue. But the pamphlet campaign fizzled out, as mailing pamphlets which would be seized and burned in southern streets were seen as simply impractical. And anti-slavery campaigners began to rely more on a new tactic, petitions sent to Congress. The right of petition was enshrined in the First Amendment. Though often overlooked in the modern world, the right to petition the government was held in very high regard in the early 1800s. When citizens began sending anti-slavery petitions to Congress, the House of Representatives would be confronted with the increasingly contentious debate about slavery. And, on Capitol Hill, it meant pro-slavery legislators began to seek a way to avoid dealing with the anti-slavery petitions entirely. John Quincy Adams in Congress The issue of petitions against slavery, and the efforts by southern legislators to suppress them did not begin with John Quincy Adams. But it was the former president who brought great attention to the issue and who persistently kept the matter controversial. Adams occupied a unique place in early America. His father, John Adams, had been a founder of the nation, the first vice president, and the country’s second president. His mother, Abigail Adams, was, like her husband, a dedicated opponent of slavery. In November 1800 John and Abigail Adams became the original inhabitants of the White House, which was still unfinished. They had previously lived in places where slavery was legal, though waning in actual practice. But they found it particularly offensive to look from the windows of the president’s mansion and see groups of slaves working to build the new federal city. Their son, John Quincy Adams, inherited their abhorrence of slavery. But during his public career, as a senator, diplomat, secretary of state, and president, there hadn’t been much he could do about it. The position of the federal government was that slavery was legal under the Constitution. And even an anti-slavery president, in the early 1800s, was essentially forced to accept it. Adams lost his bid for a second presidential term when he lost the very bitter election of 1828 to Andrew Jackson. And he returned to Massachusetts in 1829, finding himself, for the first time in decades, with no public duty to perform. Some local citizens where he lived encouraged him to run for Congress. In the style of the time, he professed to have little interest in the job but said if the voters chose him, he would serve. Adams was overwhelmingly elected to represent his district in the U.S. House of Representatives. For the first and only time, an American president would serve in Congress after leaving the White House. After moving back to Washington, in 1831, Adams spent time becoming familiar with the rules of Congress. And when the Congress went into session, Adams began what would turn into a lengthy battle against southern pro-slavery politicians. A newspaper, the New York Mercury, published, in the issue of December 21, 1831, a dispatch about events in Congress on December 12, 1831: Numerous petitions and memorials were presented in the House of Representatives. Among them were 15 from the citizens of the Society of Friends in Pennsylvania, praying for the consideration of the question of slavery, with a view to its abolition, and for the abolition of the traffic of slaves within the District of Columbia. The petitions were presented by John Quincy Adams, and referred to the Committee on the District. By introducing the anti-slavery petitions from Pennsylvania Quakers, Adams had acted audaciously. However, the petitions, once they were sent to the House committee which administered the District of Columbia, were tabled and forgotten. For the next few years, Adams periodically presented similar petitions. And the anti-slavery petitions were always sent into procedural oblivion. In late 1835 southern members of Congress began to get more aggressive about the issue of anti-slavery petitions. Debates about how to suppress them occurred in Congress and Adams became energized to fight the efforts to stifle free speech. On January 4, 1836, a day on which members could present petitions to the House, John Quincy Adams introduced an innocuous petition related to foreign affairs. He then introduced another petition, sent to him by citizens of Massachusetts, calling for the abolition of slavery. That created a stir in the House chamber. The speaker of the house, future president and Tennessee congressman James K. Polk, invoked complicated parliamentary rules to prevent Adams from presenting the petition. Throughout January 1836 Adams continued to try to introduce anti-slavery petitions, which were met with an endless invocation of various rules to ensure they wouldn’t be considered. The House of Representatives bogged down completely. And a committee was formed to come up with procedures to handle the petition situation. Introduction of the Gag Rule The committee met for several months to come up with a way to suppress the petitions. In May 1836 the committee produced the following resolution, which served to completely silence any discussion of slavery: â€Å"All petitions, memorials, resolutions, propositions, or papers, relating in any way, or to any extent whatsoever, to the subject of slavery or the abolition of slavery, shall, without being either printed or referred, be laid on the table and that no further action whatever shall be had thereon.† On May 25, 1836, during a heated Congressional debate on the proposal to silence any talk of slavery, Congressman John Quincy Adams tried to take the floor. Speaker James K. Polk refused to recognize him and called on other members instead. Adams eventually got a chance to speak but was quickly challenged and told the points he wished to make were not debatable. As Adams tried to speak, he was interrupted by Speaker Polk. A newspaper in Amherst, Massachusetts, The Farmer’s Cabinet, on June 3, 1836 issue, reported on the anger shown by Adams in the May 25, 1836 debate: â€Å"At another stage of the debate, he appealed again from a decision of the Speaker, and cried out, ‘I am aware there is a slave-holding Speaker in the Chair.’ The confusion which ensued was immense.â€Å"Affairs having gone against Mr. Adams, he exclaimed Mr. Speaker, am I gagged or not? â€Å" That question posed by Adams would become famous. And when the resolution to suppress talk of slavery passed the House, Adams received his answer. He was indeed gagged. And no talk of slavery would be allowed on the floor of the House of Representatives. Continuous Battles Under the rules of the House of Representatives, the gag rule had to be renewed at the outset of each new session of Congress. So over the course of four Congresses, a span of eight years, the southern members of Congress, along with willing northerners, were able to pass the rule anew. Opponents of the gag rule, most notably John Quincy Adams, continued to battle against it whenever they could. Adams, who had acquired the nickname â€Å"Old Man Eloquent,† frequently sparred with southern congressmen as he would try to bring the subject of slavery into House debates. As Adams became the face of opposition to the gag rule, and to slavery itself, he began to receive death threats. And at times resolutions were introduced in Congress to censure him. In early 1842, a debate over whether to censure Adams essentially amounted to a trial. Accusations against Adams and his fiery defenses appeared in newspapers for weeks. The controversy served to make Adams, at least in the North, a heroic figure battling for the principle of free speech and open debate. Adams was never formally censured, as his reputation probably prevented his opponents from ever gathering the necessary votes. And in his old age, he continued to engage in blistering rhetoric. At times he baited southern congressmen, taunting them over their ownership of slaves. The End of the Gag Rule The gag rule persisted  for eight years. But over time the measure was seen by more and more Americans as essentially anti-democratic. Northern members of Congress who had gone along with it in the late 1830s, in the interest of compromise, or simply as a surrender to the power of the slave states, began to turn against it. In the nation at large, the abolitionist movement had been seen, in the early decades of the 19th century, as a small band on the outer fringe of society. Abolitionist editor  William Lloyd Garrison had even been attacked on the streets of Boston. And the Tappan Brothers, New York merchants who often financed abolitionist activities, were routinely threatened. Yet, if the abolitionists were widely viewed as a fanatical fringe, tactics like the gag rule made the pro-slavery factions appear just as extreme. The suppression of free speech in the halls of Congress became untenable to northern members of Congress. On December 3, 1844, John Quincy Adams put forth a motion to rescind the gag rule. The motion passed,  by a vote in the House of Representatives of 108 to 80. And the rule which had prevented debate over slavery was no longer in force. Slavery, of course, was not ended in America until the Civil War. So being able to debate the issue in Congress did not bring an end to slavery. Yet, by opening up a debate, changes in thinking were made possible. And the national attitude toward slavery was no doubt affected. John Quincy Adams served in Congress for four years after the gag rule was rescinded. His opposition to slavery inspired younger politicians who could carry on his fight. Adams collapsed at his desk in the House chamber on February 21, 1848. He was carried to the speakers office and died there the following day. A young Whig congressman who had been present when Adams collapsed, Abraham Lincoln, was a member of the delegation which traveled to Massachusetts for the funeral of Adams.

Womens Liberation through the Equal Rights Amendment Research Paper - 1

Womens Liberation through the Equal Rights Amendment - Research Paper Example The aim of this scholarly treatise is not only to provide pertinent information regarding the women rights advocacy but also to demonstrate insightful ideas and recommendations for the now and the future. In 1848, the first-ever Women’s Rights Convention was held in Seneca Falls, New York. Abolitionists Elizabeth Cady Stanton and Lucretia Mott spearheaded the two-day meeting of over 300 people who rallied for justice and equality for women who author outline from the rights and privileges of a citizen. The said convention generated the Declaration of Sentiments among other eleven resolutions denouncing inequality and proposing suffrage. However, the nation was far from ready to seriously pay attention to the issue of women’s rights and thought that the call for justice was not only ridiculous but also a worthless endeavor (Becker 39). After the Civil War, while the constitutional reformation centered on giving freedom to the slaves, Susan B. Anthony and Sojourner Truth, as well as the already-veteran Stanton, fought for the legal ground of providing the same civil and political rights that men enjoy to the American woman. Citing the 14th and 15th Amendments of the Constitution that the right to vote shall not be deprived to citizens on basis of their race, color and previous states of servitude, these women freedom fighters underscored the obvious and utter neglect of women in the laws of the land (Whitney 57).   In 1872 during the presidential election, Anthony cast her ballot in one of the poll precincts in New York invoking her right as a citizen as provided in the 14th Amendment. Her somehow rebellious act prompted her arrest, conviction and a penalty of $100, which she refused to pay.

Ethics in Criminal Justice Essay Example | Topics and Well Written Essays - 250 words - 5

Ethics in Criminal Justice - Essay Example icer should then try to reason with the individuals before pulling the trigger and should not just assume the worst and commit an extreme act of killing a person. This is an approach where the concept of relativity in ethics needs to be considered. Given the current situation, speed traps may be used to garner revenue but everything needs to be done in a limited manner. The police officer in charge should try to find an alternate option to raise funds. Until such a situation is resolved, speed traps may be used to collect revenue but the same must be restricted to at most one or two per day. This is because it is ethically not permissible to set up speed traps just for raising funds. According to the utilitarianism approach to ethics this is a totally wrong strategy. Hence, a middle path needs to be determined. The character of a protector of ethics to drive and encourage ethical behavior is virtue ethics. On the other hand, utilitarianism focuses on driving the right behaviors. In fact utilitarianism is interested in the outcomes of the actions and does not care about the intentions which motivate these outcomes. On the other hand, formal ethics is concerned with moral judgments. In this incident, the character should have taken a relative path to ethics as taking the path of virtue ethics has deemed him to be an arch enemy of the police force of an entire nation. To a certain extent, one must abide by the cultures and norms which are prevalent in a certain culture or society. The reasoning behind the statement is in line with the proponents of virtue ethics. This is again a scenario of ethical dilemma. The case details the amount of violations committed by the FBI. This is an abuse of power and hence according to ethics is not permissible. Utilitarianism is concerned with the final results and not with the intentions to commit the act. Hence this concept of ethics will support the approach of not eliminating such powers. However the relativity theory of ethics

Crevecoeur Letter What is an American Essay Example for Free

Crevecoeur Letter What is an American Essay Discussion question: What, to Crà ¨vecoeur, are  the differences between a European subject and an American citizen? I WISH I could be acquainted with the feelings and thoughts which must agitate the heart and present themselves to the mind of an enlightened Englishman, when he first lands on this continent. He must greatly rejoice that he lived at a time to see this fair country discovered and settled; he must necessarily feel a share of national pride, when he views the chain of settlements which embellishes these extended shores. When he says to himself, this is the work of my countrymen, who, when convulsed by factions, afflicted by a variety of miseries and wants, restless and impatient, took refuge here. They brought along with them their national genius, to which they principally owe what liberty they enjoy, and what substance they possess. Here he sees the industry of his native country displayed in a new manner, and traces in their works the embryos of all the arts, sciences, and ingenuity which flourish in Europe. Here he beholds fair cities, substantial villages, extensive fields, an immense country filled with decent houses, good roads, orchards, meadows, and bridges, where an hundred years ago all was wild, woody and uncultivated!†¦. He is arrived on a new continent; a modern society offers itself to his contemplation, different from what he had hitherto seen. It is not composed, as in Europe, of great lords who possess every thing and of a herd of people who have nothing. Here are no aristocratic families, no courts, no kings, no bishops, no ecclesiastical dominion, no invisible power giving to a few a very visible one; no great manufacturers employing thousands, no great refinements of luxury. The rich and the poor are not so far removed from each other as they are in Europe. Some few towns excepted, we are all tillers of the earth, from Nova Scotia to West Florida. We are a people of cultivators, scattered over an immense territory communicating with each other by means of good roads and navigable rivers, united by the silken bands of mild government, all respecting the laws, without dreading their power, because they are equitable. We are all animated with the spirit of an industry which is unfettered and unrestrained, because each person works for himself. If he travels through our rural districts he views not the hostile castle, and the haughty mansion, contrasted with the clay-built hut and miserable cabin, where cattle and men help to keep each other warm, and dwell in meanness, smoke, and indigence. A pleasing uniformity of decent competence appears throughout our habitations. The meanest of our loghouses is a dry and comfortable habitation. Lawyer or merchant are the fairest titles our towns afford; that of a farmer is the only appellation of the rural inhabitants of our country. It must take some time here (before) he can reconcile himself to our dictionary, which is but short in words of dignity, and names of honour†¦.. We have no princes, for whom we toil, starve, and bleed: we are the most perfect society now existing in the world. Here man is free; as he ought to be; nor is this pleasing equality so transitory as many others are. Many ages will not see the shores of our great lakes replenished with inland nations, nor the unknown bounds of North America  entirely peopled. Who can tell how far it extends? Who can tell the millions of men whom it will feed and contain? for no European foot has as yet traveled half the extent of this mighty continent! The next wish of this traveler will be to know whence came all these people? they are mixture of English, Scotch, Irish, French, Dutch, Germans, and Swedes. From this promiscuous breed, that race now called Americans have arisen. The eastern provinces must indeed be excepted, as being the unmixed descendants of Englishmen. I have heard many wish that they had been more intermixed also: for my part, I am no wisher, and think it much better as it has happened†¦.. I know it is fashionable to reflect on them, but I respect them for what they have done; for the accuracy and wisdom with which they have settled their territory; for the decency of their manners; for their  early love of letters; their ancient college, the first in this hemisphere; for their industry; which to me who am but a farmer, is the criterion of everything. There never was a people, situated as they are, who with so ungrateful a soil have done more in so short a time†¦.. In this great American asylum, the poor of Europe have by some means met together, and in consequence of various causes; to what purpose should they ask one another what countrymen they are? Alas, two thirds of them had no country. Can a wretch who wanders about, who works and starves, whose life is a continual scene of sore affliction or pinching penury; can that man call England or any other kingdom his country? A country that had no bread for him, whose fields procured him no harvest, who met with nothing but the frowns of the rich, the severity of the laws, with jails and punishments; who owned not a single foot of the extensive surface of this planet? No! urged by a variety of motives, here they came. Every thing has tended to regenerate them; new laws, a new mode of living, a new social system; here they are become men: in Europe they were as so many useless plants, wanting vegitative mould, and refreshing showers; they withered, and were mowed down by want, hunger, and war; bu t now by the power of transplantation, like all other plants they have taken root and flourished! Formerly they were not numbered in any civil lists of their country, except in those of the poor; here they rank as citizens. By what invisible power has this surprising metamorphosis been performed? By that of the laws and that of their industry. The laws, the indulgent laws, protect them as they arrive, stamping on them the symbol of adoption; they receive ample rewards for their labours; these accumulated rewards procure them lands; those lands confer on them the title of freemen, and to that title every benefit is affixed which men can possibly require. This is the great operation daily performed by our laws. From whence proceed these laws? From our government. Whence the government? It is derived from the original genius and strong desire of the people ratified and confirmed by the crown. This is the great chain which links us all †¦.. What attachment can a poor European emigrant have for a country where he had nothing? The knowledge of the language, the love of a few kindred as poor as  himself, were the only cords that tied him: his country is now that which gives him land, bread, protection, and consequence†¦..What then is the American, this new man? He is either an European, or the descendant of an European, hence that strange mixture of blood, which you will find in no other country. I could point out to you a family whose grandfather was an Englishman, whose wife was Dutch, whose son married a French woman, and whose present four sons have now four wives of different nations. He is an American, who leaving behind him all his ancient  prejudices and manners, receives new ones from the new mode of life he has embraced, the new government he obeys, and the new rank he holds. He becomes an American by being received in the broad lap of our great Alma Mater. Here individuals of all nations are melted into a new race of men, whose labours and posterity will one day cause great changes in the world. Americans are the western pilgrims, who are carrying along with them that great mass of arts, sciences, vigour, and industry which began long since in the east; they will finish the great circle. The Americans were once scattered all over Europe; here they are incorporated into one of the finest systems of population which has ever appeared, and which will hereafter become distinct by the power of the different climates they inhabit. The American ought therefore to love this country much better than that wherein either he or his forefathers were born. Here the rewards of his industry follow with equal steps the progress of his labour; his labour is founded on the basis of nature, self-interest; can it want a stronger allurement? Wives and children, who before in vain demanded of him a morsel of bread, now, fat and frolicsome, gladly help their father to clear those fields whence exuberant crops are to arise to feed and to clothe them all; without any part being claimed, either by a despotic prince, a rich abbot, or a mighty lord. I lord religion demands but little of him; a small voluntary salary to the minister, and gratitude to God; can he refuse these? The American is a new man, who acts upon new principles; he must therefore entertain new ideas, and form new opinions†¦..This is an American.  (†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦..)Men are like plants; the goodness and flavour of the fruit proceeds from the peculiar soil and exposition in which they grow. We are nothing but what we derive from the air we breathe, the climate we inhabit, the government we obey, the system of religion we profess, and the nature of our employment. Here you will find but few crimes; these have acquired as yet no root among us. I wish I were able to trace all my ideas; if my ignorance prevents me from describing them properly, I hope I shall be able to delineate a few of the outlines, which are all I propose. Those who live near the sea, feed more on fish than on flesh, and often encounter that boisterous element. This renders them more bold and enterprising; this leads them to neglect the confined occupations of the land. They see and converse with a variety of people; their intercourse with mankind becomes extensive. The sea inspires them with a love of traffic, a desire of transporting produce from one place to another; and leads them to a variety of resources which supply the place of labour. Those who inhabit the middle settlements, by far the most numerous, must be very different; the simple cultivation of the earth purifies them, but the indulgences of the government, the soft remonstrances of religion, the rank of independent freeholders, must necessarily inspire them with sentiments, very little known in Europe among people of the same class. What do I say? Europe has no such class of men; the early knowledge they acquire, the early bargains they make, give them a great degree of sagacity. As freemen they will be litigious; pride and obstinacy are often the cause of law suits; the nature of our laws and governments may be another. As citizens it is easy to imagine, that they will carefully read the newspapers, enter into every political disquisition, freely blame or censure governors and others. As farmers they will be careful and anxious to get as much as they can, because what they get is their own. As northern men they will love the cheerful cup. As Christians, religion curbs them not in their opinions; the general indulgence leaves every one to  think for themselves in spiritual matters; the laws inspect our actions, our  thoughts are left to God. Industry, good living, selfishness, litigiousness, country politics, the pride of freemen, religious indifference, are their characteristics. If you recede still farther from the sea, you will come into more modern settlements; they exhibit the same strong lineaments, in a ruder appearance. Religion seems to have still less influence, and their manners are less improved. Now we arrive near the great woods, near the last inhabited districts; there men seem to be placed still farther beyond the reach of government, which in some measure leaves them to themselves. How can it pervade every corner; as they were driven there by misfortunes, necessity of beginnings, desire of acquiring large tracks of land, idleness, frequent want of economy, ancient debts; the re-union of such people does not afford a very pleasing spectacle. When discord, want of unity and friendship; when either drunkenness or idleness prevail in such remote districts; contention, inactivity, and wretchedness must ensue. There are not the same remedies to these evils as in a long established community. The few magistrates they have, are in general little better than the rest; they are often in a perfect state of war; that of man against man, sometimes decided by blows, sometimes by means of the law; that of man against every wild inhabitant of these venerable woods, of which they are com e to dispossess them. There men appear to be no better than carnivorous animals of a superior rank, living on the flesh of wild animals when they can catch them, and when they are not able, they subsist on grain. He who wish to see America in its proper light, and have a true idea of its feeble beginnings barbarous rudiments, must visit our extended line of frontiers where the last settlers dwell, and where he may see the first labours of the mode of clearing the earth, in their different appearances; where men are wholly left dependent on their native tempers, and on the spur of uncertain industry, which often fails when not sanctified by the efficacy of a few moral rules. There, remote from the power of example, and check of shame, many families exhibit the most hideous parts of our society†¦..(But after ten or twelve years) prosperity will polish some, vice and the law will drive off the rest, who uniting again with others like themselves will recede still farther; making room for more industrious people, who will finish their improvements, convert the  loghouse into a convenient habitation, and rejoicing that the first heavy labours are finished, will change in a few years that hit herto barbarous country into a fine fertile, well regulated district. Such is our progress, such is the march of the Europeans toward the interior parts of this continent. In all societies there are off-casts; this impure part serves as our precursors or pioneers; my father himself was one of that class, but he came upon honest principles, and was therefore one of the few who held fast; by good conduct and temperance, he transmitted to me his fair inheritance, when not above one in fourteen of his contemporaries had the same good fortune†¦. Exclusive of those general characteristics, each province has its own, founded on the government, climate, mode of husbandry, customs, and peculiarity of circumstances. Europeans submit insensibly to these great powers, and become, in the course of a few generations, not only Americans in general, but either Pennsylvanians, Virginians, or provincials under some other name. Whoever traverses the continent must easily observe those strong differences, which will grow more evident in time. The inhabitants of Canada, Massachusetts, the middle provinces, the southern ones will be as different as their climates; thei r only points of unity will be those of religion and language.

Ecstasy: Neurotoxicity and How It Can Be Reduced :: Biology Essays Research Papers

Ecstasy: Neurotoxicity and How It Can Be Reduced Ecstasy (MDMA) has become a drug of choice among 18-25 year olds (2), and its effects on behavior and neurotoxicity merit the attention of this class. Ecstasy use has become fairly widespread on college campuses and in rave and nightclub settings. This paper will look at the mechanism through which MDMA acts, its neurotoxicity, and how users can reduce risk involved with ecstasy use. Ecstasy alters behavior by increasing serotonin levels in the brain. It accomplishes this by altering the neurotransmitter serotonin's reuptake process. (6) In the normal serotonin system, a serotonin neuron will receive a signal from a neighboring nerve cell to release vesicles of serotonin into the synaptic cleft. The post-synaptic cell (which has the appropriate receptors for serotonin) then picks up the molecule. When the serotonin binds to the receptor, it causes an electric signal to change the membrane permeability which causes changes in the body. When a vesicle of serotonin is released, most of the molecules are pulled back into the pre-synaptic cell. This process of drawing serotonin back into the original neuron for it to be reused is called reuptake. When MDMA is present in the system, however, it interferes with the natural process by preventing the serotonin from entering at the reuptake site. This causes an excess of serotonin in the system, which creates the feelings of euphoria associated with MDMA. (1) Users of MDMA are quick to praise the psychological effects of the drug, but the effects on their physical health can be detrimental. Studies show that heavy, prolonged use of MDMA can significantly reduce the number of serotonin transporters which are necessary to bring the neurotransmitter back to the neuron from which it was released. Studies supported by the National Institute on Drug Abuse (NIDA) showed that MDMA damages neurons that release serotonin, and that heavy MDMA users have lingering memory problems for at least two weeks after stopping the drug. In the first study, researchers used positron emission tomography (PET) to compare the brains of MDMA users who had abstained from all psychoactive drugs for three weeks and people who had never used MDMA. They found that the amount of MDMA used was directly linked to the number of serotonin transporters remaining. They also found that the degree of memory impairment is based on the amount of MDMA used. (3)

Breach of Contract in the Business World

| Breach of Contract in the Business World| | | | | | | Table of Contents Executive Summaryiii I. Introduction1 II. Breach of Contract1 III. Immaterial Breach of Contract1 IV. Material Breach of Contract2 V. Remedies3 VI. Remedies at Law3 VII. Remedies in Equity5 VIII. Summary6 IX. Bibliography8 Executive Summary This paper discusses the legal concept of a breach of contract and the options a business has in pursuing a breach of contract case.It defines what constitutes a breach of contract, how a party may breach a contract, and it compares the legal distinction between an immaterial and material breach of contract. This paper concludes with a description of what remedies are available to the non-breaching party when a contract has been breached. It describes the types of remedies at law (monetary damages) and remedies in equity that may be awarded in a breach of contract case. Introduction Contracts form the very foundation of every legal business endeavor.They can dictate how a bu siness is formed, the terms and conditions of employment, or a sales agreement between a business and its customer. In a perfect world, both parties would benefit from a contract and no disputes would arise. In the real business world, delays occur, financial problems happen, and unexpected events may prevent a contract from being fulfilled. It is imperative that a business understands what constitutes a breach of contract, how a party may breach a contract, and what legal remedies are available to recover any damages that may be incurred.Breach of Contract A breach of contract occurs when one party fails to perform any term of a contract, written or oral, without a legitimate legal excuse (Hill, Breach of Contract). A businesses’ course of legal action against a breach of contract will depend on what type of breach has occurred, whether the breach is material (substantial) or immaterial (minor), and what damages have been incurred. Immaterial Breach of Contract An immaterial breach of contract does not substantially impair the value of an entire contract.An immaterial breach allows the non-breaching party to sue for the actual damages it sustains, but it does not excuse the injured party from its contractual obligations (Gifis, 2010). In the contract case of Jacob & Youngs v. Kent, the court dealt with the matter of an immaterial breach of contract (Jacob & Young v. Kent, 1921). In the case, the plaintiff sued the defendant for not paying for the installation of pipes in his home.The defendant refused to pay because the defendant learned that some of the pipes installed in his home were of the brand name Cohoes, instead of Reading. The defendant argued that the plaintiff should replace all of the piping with the brand agreed upon in the contract before having to pay the plaintiff. The plaintiff refused and asked that the final payment be made. The court found that the breach of contract by the plaintiff was immaterial because the pipes that were instal led were the same type and quality to which the parties had originally agreed.The only difference between the two pipes was the brand name. The defendant was ordered to remit the final payment to the plaintiff and received no damages because the actual difference of value between the two brands of piping was zero. Material Breach of Contract A material breach of contract discharges the non-breaching party from further performance under the contract and entitles the injured party to sue for damages or for performance of the contract (Jentz & Miller, 2007, p. 218).The Restatement (Second) of Contracts lists the following criteria to determine whether a specific failure constitutes a material breach: In determining whether a failure to render or to offer performance is material, the following circumstances are significant: (a) the extent to which the injured party will be deprived of the benefit which he reasonably expected; (b) the extent to which the injured party can be adequately c ompensated for the part of that benefit of which he will be deprived; (c) the extent to which the party failing to perform or to offer to perform will suffer forfeiture; (d) the likelihood that the party failing to perform or to offer to perform will cure his failure, taking account of all the circumstances including any reasonable assurances; (e) the extent to which the behavior of the party failing to perform or to offer to perform comports with standards of good faith and dealing. (Restatement (Second) of Contracts, 1981) In the previously mentioned law case of Jacob & Youngs v. Kent, if the piping installed had been an inferior quality or material, the breach of contract would have been a material breach. In this case, the court would have agreed with the defendant and ordered the plaintiff to replace all of the piping with the correct brand and quality of piping. RemediesA remedy is the relief given to an innocent party to enforce a right to compensate for the violation of a ri ght (Jentz & Miller, 2007, p. 7). In law there are two types of remedies: remedies at law and remedies in equity. Remedies at law are typically classified as monetary damages while remedies in equity usually include rescission and restitution, specific performance, and contract reformation. A breach of contract case normally entitles the non-breaching party to sue for monetary damages (a remedy at law). In some cases, however, when the remedy at law is inadequate, a court will allow the non-breaching party to sue for an equitable remedy. Remedies at Law In most breach of contract cases, the non-breaching party is entitled to sue or monetary damages, also known a remedy at law. Monetary damages are designed to compensate the non-breaching party for the loss of the bargain and to try and put the innocent party in the position they would have occupied had the terms of the contract been fulfilled (Jentz & Miller, 2007, p. 226). Compensatory Compensatory damages are an amount of money aw arded by the court to compensate the non-breaching party for a particular detriment or injury sustained as a direct result from the loss of a bargain due to a breach of contract. The amount awarded is intended to replace the amount the non-breaching party lost and nothing more (Gale, 2010). ConsequentialConsequential damages or â€Å"special damages† are damages that arise only from the consequences of a breach of contract. Consequential damages may be awarded in a breach of contract case when it includes the loss of profit or revenue as a result of a breach of contract. The damages may only be collected if it is determined that the damages were reasonably foreseeable when the contract was made (Hill A. , 1974). Punitive Punitive damages are awarded to compensate the injured party, to punish the breaching party, and to deter others from committing the same act. Punitive damages are monetary damages awarded above and beyond what is necessary to compensate a party for their los ses.Punitive damages are normally not awarded in a breach of contract case unless a tort is involved but some suggest the stance on this may be changing (Sullivan, 1976-1977). Nominal Nominal damages are a small amount of money (such as one dollar) awarded to the non-breaching party in a lawsuit to show that the loss or harm suffered was technical rather than actual. It is also used to establish that the defendant acted wrongfully (Hill G. a. , Nominal Damages, 2010). Remedies in Equity In some breach of contract cases businesses are not interested in monetary compensation. In these cases, money is an insufficient substitute to the original terms of the contract and the non-breaching party may wish to sue for an equitable remedy instead. Rescission and RestitutionThe rescission of a contract essentially terminates the contract and returns the non-breaching parties to their former positions before the contract was made. Rescission is available when fraud, mistake, duress, or failure of consideration is present in a contract. The rescinding party is also entitled to restitution (Williston, 1922, p. 1455). Restitution requires both parties to return any goods or money that was given to the other party. Restitution is used to prevent the unjust enrichment of another party (Williston, 1922, p. 1456). Specific Performance Specific performance is an equitable court-ordered remedy that calls for the precise performance of the act promised in the contract (Wild, 2006).This remedy is often ordered by the court in the sale of a rare article or unique piece of land because awarding monetary damages would be insufficient to cover the perceived loss by the non-breaching party. Reformation Contract reformation is an equitable remedy available to parties of a written contract when the contract does not truly express the intention of both parties. â€Å"The mistake may be the mutual error of both parties to the contract, or the oversight of one party which the other knew or s uspected at the time of entering the agreement. † (American Home Ins. Co. v Travelers Indemnity Co, 1981) Contract reformation is also used when fraud is present and it allows the contract to be rewritten to reflect the parties’ true intentions. SummaryA breach of contract occurs when one party fails to perform any of the contract terms. The breach may be immaterial or material depending on whether or not the value of the contract has been substantially impaired. Remedies are the compensation awarded to the non-breaching party in a breach of contract case. There are two types of remedies for a breach of contract: remedies at law and remedies in equity. Remedies at law are pecuniary damages awarded to the non-breaching party to compensate them for the loss of the bargain while remedies in equity may include rescission and restitution, contract reformation, and specific performance. Bibliography American Home Ins. Co. v Travelers Indemnity Co, 122 (Cal.App 3d 951,961 1981 ). Gale, T. (2010). West's Encyclopedia of American Law. Retrieved April 21, 2010, from Answers. com:http://www. answers. com/library/Law%20Encyclopedia-cid-6927283 Gifis, S. H. (2010). Law Dictionary. Retrieved April 21, 2010, from Answers. com: http://www. answers. com/topic/breach-of-contract Hill, A. (1974). Breach of Contract as a Tort. Columbia Law Review (74), 40. Hill, G. a. (n. d. ). Breach of Contract. Retrieved January 6, 2010, from Law. com Dictionary: http://dictionary. law. com/Default. aspx? selected=93 Hill, G. a. (2010). Nominal Damages. Retrieved April 21, 2010, from The Free Dictionary by Farlax: http://legal-dictionary. hefreedictionary. com/Nominal+Damages Jacob ; Young v Kent, 230 (N. Y. 1921). Jentz, G. , ; Miller, R. (2007). Fundamentals of Business Law: Summarized Cases (Seventh ed. ). Mason: South-Western Cengage Learning. Restatement (Second) of Contracts  § 241. (1981) Sullivan, T. J. (1976-1977). Punitive Damages in the Law of Contract: The Reality and the Illusion of Legal Change. Minn. L. Rev (61), 207. Wild, S. (Ed. ). (2006). Webster's New World Law Dictionary. Retrieved April 21, 2010, from Yourdictionary. com: http://www. yourdictionary. com/law/specific-performance Williston, S. (1922). The Law of Contract. New York: New York Baker, Voorhis & Co.