Main aim of education to promote individual differences education essay

Main aim of education to promote individual differences education essay This essay endeavours to analyse the statement that the main aim of education is to encourage individual differences. It puts forth the ethical claim that our education systems should not standardise students but help them develop as individuals in their own right. In order to present a balanced view to the reader, this literary piece draws upon the works of philosophers and educators from as far back as 360 BC. It is concluded that given the challenges faced by man in the 21st century, it only makes sense that education should support individuality. Introduction In the discourse of this paper, I aspire to investigate the aim of education as a facilitator for encouraging individual difference. The paper has been divided into four parts. I first discuss the significance of the nature of the student-teacher relationship and then explore the theoretical and practical realms of the two main educational systems of the 21st century. In the third segment of the essay, I compare the two educational structures on the basis of their support for promoting individuality. The paper is drawn to a close with a conclusion that authenticates the claims of this essay. Importance of the Student-Teacher Relationship In the opening chapter of their book, The Study of Education (2009), Bates and Lewis present an autobiographical account on education written by Wendy, an early years educator. While exploring the early years of her childhood, Wendy puts forth her feeling of disconnect with education due to the ineffective teaching practices that built up a foundation of fear around the very term. She describes her head teacher as being a strict authoritarian whose teaching philosophy was modelled on Lockes empirical pedagogical approach that described the childs mind as a blank sheet of paper that needed instruction from an exterior source in order to form ideas and opinions ( Locke, 1924). Wendy says, I loathed her for her remoteness and retreated into myself whenever she taught a lesson in our class (Bates and Lewis, 2009, p. 10). This diminished Wendys confidence and interest in learning and made her question her intelligence quotient. However, when she shifted to a slightly progressive learning environment where the teacher was not a scary figure, she not only became an A student but thoroughly enjoyed the learning process. Her fear of education disappeared and there was a sheer boost in self confidence (Bates and Lewis, 2009). Bates and Lewis (2009) use this example to put across the criticality of the relationship between the learner and educator. The online pocket Oxford dictionary (2006) defines the term relationship as the way in which two or more concepts, objects, or people are connected. Thus, it goes to say that the nature of the connection between two human beings is the most important feature in a relationship. This principle can be applied to student-teacher relationships as well. Studies have proven that a close and positive relationship between teachers and students has a direct impact on the academic achievement, behaviour and adult life of the student (Jones, 1981). For instance, as Jacqueline Zeller (n.d.), lecturer at the Harvard Graduate School of Education, points out, when children are provided with a sense of safety and security afforded by close relationships with teachers, they not only enjoy the process of education but also develop into well-rounded adults. However, when children are yelled at by the teacher, they feel rejected and frightened and tend to shun education (Zeller, n.d.). When students choose to drop out of high school, it is usually not a spontaneous decision but one that has been reached over a period of time mainly due to the presence of feelings of academic frustration and defeat or socio-cultural issues (Alliance for excellent education, 2009). A paper written by Rouse (2005) for the symposium on the Social Costs of Inadequate Education, New York, points out that these high school dropouts earn, on average, $260,000 less than a high school graduate. Thus, the ineffective flow of communication between the teacher and student has more consequences than we manage to comprehend. This brings up the question that if a positive student-teacher relationship is so important, why do we still see such varying student-teacher dynamics in the current day classroom scenario? The best way to understand this would be by exploring the two main teaching methodologies which define our academic world today: the traditionalist and progressive education system. Traditionalist education system A traditional teaching environment is a teacher-centric setup, where the role of the teacher is directive and rooted in authority (Novak, 1998). This teaching methodology arises from the realist philosophy of education that promotes the integration of the mind and body. Therefore, here theoretical learning is on the same footing as experiential education. This approach is mostly based on John Lockes educational philosophy (Locke, 1693). Locke, the 17th century British philosopher, believed in the immanent perspective of the child (James et all, 1998). He was of the opinion that the childs mind is a blank slate and knows nothing. It is up to extrinsic factors to provide information in order to instigate thoughts and opinions (Locke, 1813). Thus, while the student is important in this educational system, the main role is played by the teacher, who is more knowledgeable and experienced in matters of the world. Textbooks and workbooks are used as the primary teaching aids that help the t eacher fill up these knowledge holes in the minds of the students (Novak, 1998). In this educational setup, students are assessed via written and oral examinations (Novak, 1998). Since this a standardised testing system, the results are variable within the classroom, depending on each childs cognitive ability (McNally, 1974). However, there is a demand for a more balanced academic result with an exceptionally high class average, which affects the reputation of the school (Novak, 1998). Thus, teachers tend to spend most of their time perfecting students via repetition and rote learning. Traditionalists usually tend to adhere to a fixed curriculum; therefore, it is usually not possible to learn the content in context (Johnson and Johnson, 1991). Also, since there is more emphasis on the realist ideology of individualized learning rather than on group activities (Novak, 1998), the teachers prefer a linear classroom layout. Thus, desks and chairs are generally arranged in rows. It is interesting to note that though this education system has its roots in the realistic realm, the lack of implementation of the established education policies and rules makes learning more abstract. For instance, Locke laid emphasis on the soundness of the body and mind (Locke, 1693). He also believed that character-building and morality did not have to be formed by forcing children in a particular direction. He was of the opinion that once the knowledge was imparted to children and they were shown the path, they would be capable of integrating theory with practice. However, the present day scenario in traditionalist schools suggest otherwise. The teacher has to grill the students over and over again in order to attain a half decent result (Novak, 1998). Also, Locke was not very keen on the idea of punishment. In his essay, Some Thoughts Concerning Education (1693) he states that punishment does more harm than good to the child. However, what we see in traditionalist schools is a belief in the Kantian notion of the original sin (Kant, 1900). The system practices the concepts of sin and virtue, where a sin is met with punishment and a virtue with a reward. Thus, force is generally used by educators to discipline students and make them obedient (Novak, 2008). Another example is that of the nature of education. Contradictory to Lockes belief, traditionalists look upon education as a duty and obligation that students must fulfil. The Kantian view that education is not a matter of desire but a call of duty holds much weight here (Kant, 1900). This idea can be understood through an elaborate example presented by Plato, an idealist Greek philosopher whose work has affected generations in philosophical thought. In his book The Republic (360 BC), Plato puts forth the allegory of the cave, which mainly focuses on the process of attaining enlightenment. This is a brilliant allegory since it covers the metaphysical, epistemological and ethical aspects of the idealist education philosophy and also sheds some light on human nature (Plato, 360 BC). The allegory is written in the form of dialogues between Socrates, Platos teacher, and Glaucon, Platos older brother. Socrates asks Glaucon to imagine an underground cave with its mouth opening toward the light (Plato, 360 BC). A group of people have lived here since birth, their legs and heads are chained so that they cannot move and they sit facing a blank wall (Plato, 360 BC).There is a fire blazing at a distance behind them and between the fire and the prisoners there is a raised walkway with a wall in front of it. The prisoners watch the shadows projected by people carrying all shapes and sizes of objects and stuffed animals while walking down the raised path. Socrates describes these shadows as the closest versions of reality available to the prisoners (Plato, 360 BC). When these prisoners are liberated they move around the cave and find it hard to adjust to their new realities. The bright light from the fire hurts their eyes causing them to flinch with pain. It is not a welcoming change (Plato, 360 BC). What Plato is trying to convey here is that the prisoners have suddenly moved from a position of relative ignorance to a position of relative knowledge and the entity responsible for liberating them is the teacher. Thus, Plato makes a blatant point that education is not a pleasurable process but a painful procedure that needs to be forced upon people. Socrates then describes the prisoners journey to the higher world where they have the sun. The sun is used as a non-religious metaphor for attaining enlightenment. He states that the prisoners had to be forced to reach the mouth of the cave, implying the requirement of a compulsory authoritarian approach adopted by the teacher (Plato, 360 BC). Socrates then illustrates to Glaucon how the enlightened prisoner journeyed back into the cave to share his newfound knowledge with the others (Plato, 360 BC). Naturally, his ideas were refuted by the prisoners; for them the images on the wall still defined the ultimate truth of their realities. However, out of a sense of moral Platonic responsibility, which here is to pity the unenlightened minds, Socrates put forth the idea of using compulsion to educate the prisoners; after all the current teacher also had to be forced to go out into the light (Plato, 360 BC). This allegory echoes a resonating theme in the traditionalist education system. Progressive teaching methodology A progressive education system follows a student-centric teaching approach. Here the role of the teacher is that of a facilitator of education rather than an authoritarian instructor (University of Vermont, n.d.). Today we can find a number of different styles of progressive educators. However, the common thread running through them all is that they share the conviction that democracy means active participation by all citizens in social, political and economic decisions that will affect their lives (University of Vermont, n.d.) This approach has its roots in John Deweys model of education. Dewey was an American philosopher and educator who played an important role in defining the meaning of education during the late 19th and early 20th century. He founded the philosophical school of pragmatism with Charles Sanders Pierce and William James (Weber, 1960).Unlike ancient philosophical movements, such as idealism and realism, that trace their origins to Europe, the pragmatic system of thought first emerged in the United States of America. For the pragmatists, democracy is a deep concept rather than a political decision-making plan. It is the idea through which people form their social theories and beliefs about the nature of their world (Dewey, 2004). Dewey applies this concept of democracy to education in his book Democracy and Education (Dewey, 2004). He describes education as that reconstruction or reorganization of experience which adds to the meaning of experience, and which increases ability to direct the course of subsequent experience (Dewey, 2004, p. 83). Thus he considers education a social process and believes that students learn best when indulging in real-life group activities. It is interesting to note that unlike the ancient idealist dualism of the mind and body or the realist collaboration of theory and practice, pragmatism majorly advocates experiential learning. It harbours a general mistrust in theoretical abstraction or ideal speculation of any kind (Weber, 1960). It is a grounded ideology that believes in the functionality and practicality of the real world. It can be said that pragmatism is a derivative of realism. However, stark differences can be found between the two ideologies in terms of their metaphysical, epistemological and ethical principles (Ulich, 1961). Dewey did not believe in formulating fixed aims of education, since he opposed the segregation of the means from the end. In his opinion, the means, or journey, could result in more pleasure than the desired end (Dewey, 2004). Conquering the world, as Alexander the Great learned, is less desirable than having more worlds to conquer (Weber, 1960, p.265). Similarly, in a progressive classroom the main aim is to insure that the children are comfortable, since this is where their actual learning takes place. Here, children are not educated to be prepared for life; instead, education is considered life itself (Dewey,2004). The education system supports an interdisciplinary curriculum, which is more focused on the needs of the students rather than pre-defined tasks and subjects set out by the management or the teacher. By doing so, the students are not only given the power to participate in the decision-making process but are also given the freedom to learn by constructing their own knowledge (Dewey, 1956). In his book Democracy and Education (2004), Dewey talks about the humanistic nature of living beings. He describes the student as the biological child, the psychosocial child and the social child. Thus, when the learner comes to school he brings with him all the connotations, principles and experiences associated with his persona, which are appreciated and nurtured. Since progressive educators consider education to be a social phenomenon, more emphasis is laid upon group work rather than on individual learning (University of Vermont). Most of the classroom activities are tailored according to the group dynamics in the class, while keeping in mind the democratic theme of the education philosophy. However, with freedom comes responsibility (University of Vermont).It then becomes the duty of the teacher to instil the correct value system in the students. Keeping such points in mind, there has been a debate on the ultra child centric approach adopted by this school of thought. To summarise, it can be said that in a progressive teaching environment, the process of education is considered one that makes learning enjoyable (Novak, 1998). Here, learning is usually carried out as a collaborative or a co-operative process and seldom an independent task. Education then is not limited to the individual but to the community as a whole. Due to this approach, the students not only develop a social work ethic but also learn to engage in the exchange of ideas and opinions (Novak, 1998). Comparison between the two methodologies: promotion of individual differences On average, a child spends five to seven hours a day for approximately ten months a year at school (Labaree, 1999). Since students spend most of their childhood and youth at their place of education, it is necessary for the institution to have a calm and happy environment. However, not many children can call their school a fun and pleasurable place (Labaree, 1999). Teachers across the world are aware of the differences in cognitive ability of children in the same class (Perdew, 1953). However, usually only children studying in a progressive learning environment benefit from this awareness. The main reason behind this is the inflexibility and lack of time in the traditionalist curriculum (Novak, 1998). The traditionalists consider children as socially constructed beings who live in a world structured by adults, where the code of conduct, rituals and language belong to the dominant group. It is, therefore, the moral responsibility of the adults to prepare the child for his or her entrance into the real world (James et al, 1998). The child is looked upon as an object that lacks the characteristics of functioning as an independent entity (Toren, 2006). Thus the attention of the teacher is mostly focused on the childs aim of becoming instead of the concept of being. The student is not given much space to learn by exploration and experiment. He is se en as a future adult rather than as a young human being in his or her own right (Uprichard, 2008). Therefore, the majority of a childs school years in a traditionalist setup can be looked upon as: a becoming; tabular rasa; laying down the foundations; shaping the individual; taking on; growing up; preparation; inadequacy; inexperience; immaturity (Jenks, 2005) With such ideas in place, where is the time for the teacher to work on the individuality of the students, promote their differences and appreciate them for who they are? This gives rise to the infamous thought process through which students get accustomed to extrinsic motivators and attend school for attaining a certificate or a degree rather than knowledge (Labaree, 1999). Therefore learning becomes a grade-oriented process. In his book The Farther Reaches of Human Nature, Maslow (1993) states that students in a traditionalist system respond to grades and scores like chimps do to poker chips. Socio-cultural differences like class, creed, gender, physic, language, ethnicity and differences in economic backgrounds usually tend to be a major cause of concern for teachers. However, given the restraints of the traditionalist setup, the teachers are often forced to believe that the number of differences among the children in a classroom is less than the number of similarities among them. Thus, they should focus more on the positive, the similarities (Perdew, 1953). On the other hand, in a progressive classroom, instant care would be provided to make sure that the students feel welcomed and at ease in their learning environment. It must be noted that when the traditionalist education system was developed it was the ideal education structure, considering the composition and requirements of the society in the pre-modern era(Weber, 1960). The child not only attended school but also took part in activities such as farming, weaving, animal husbandry and milling. This helped with his/her over all development (Weber, 1960). Thus, it successfully met the need of the hour. However, since times have changed, societies have advanced, economies have undergone a sea change and people have become more conscientious of their needs and desires, the ideals of such an education system have become rather obsolete (Weber, 1960). Let us take the example of the Maple Bear teaching methodology. Maple Bear is a Canadian early childhood and elementary education system. Its progressive education charter concentrates on learning through experience and exploration (Maple Bear, n.d.). Our Mission is to provide a high quality Canadian  style early childhood and elementary education in a safe, secure and stimulating environment that will provide students with a foundation for lifelong learning (Maple Bear, n.d.). Today, there are Maple Bear schools in countries such as Korea, India, Bangladesh, Turkey and Morocco. Each of these schools attracts students from diverse cultural and economic background with varying levels of cognitive ability. It is noteworthy that the demand for Maple Bear schools is increasing by the day, which speaks volumes about their education philosophy. Currently, India is leading the tally with twenty-four Maple Bear institutions (Maple Bear, n.d.). This is especially interesting because the country already has a well-established education system in place (The World Bank, n.d.). Since the early years are the most formative for a childs development, could the increase in the number of Maple Bear schools possibly be due to a lack in the present, mainly traditionalist Indian education system? Are people beginning to realise the importance of promoting individual differences? Conclusion In todays world, where economic paradigms are changing at the drop of a hat, where education systems are modelled on the interests of industrialisation, where there is no guarantee that a degree will provide a job, why are we still slotting students into water-tight compartments? (Robinson, 2010) Why are we alienating children on the basis of their cognitive and socio-cultural differences? Why are we killing their individuality and in turn costing them their creativity? The majority of schools today adopt a production line mentality wherein little emphasis is laid on divergent thinking and the child is mostly taught to indulge in linear and convergent thought processes (Robinson, 2010).With the progress in educational research, teachers can now easily use tactics such as the aptitude-by-treatment-interactions which is a research methodology used to explore alternative aptitudes, attributes or traits and alternative instructional methods (Jonnasen and Grabowski, 1993, p. 10). The German Philosopher, Friedrich Wilhelm Nietzsche, (Brainy Quote) had said, You have your way. I have my way. As for the right way, the correct way, and the only way, it does not exist. This statement can be interpreted to support the belief that it is only natural to have differences among individuals. Thomas Jefferson, third president of the United States, stated that All men are created equal (Jeudwine, 1919). This statement is a traditionalist claim that has caused much unrest in the present society. If all men were created equal, why are there differences among us? This statement should be altered to the democratic idea that all men should be treated as equals (Dahl, 2003). It is only then that people can learn to maximize their potential. Throughout human history, people have been shunned by society due to their differences. However, many of these societal rejects did great things and helped the human race move forward. Thomas Edison, Galileo Galilei, Jean-Jacques Rousseau are only a few examples. It is difficult to envision a world without their contributions. They succeeded in spite of the system. Imagine what could happen if the system itself promoted and rallied for encouraging individual differences among people? In the cutthroat competition of the 21st century, where everyone is exploring their niche to get ahead in the rat race (Robinson, 2010), it seems only fair that differences in individuals should be supported from a very early age. Therefore, schools should employ teachers who have the right motivation for teaching, increase the student- child ratio and invest in teachers training programs which are extensive and rigorous in nature. What the teacher really needs to learn is how to put pedagogical theory i nto practice rather than the details of fifth grade mathematics. Difference is the course of invention and adoption of new idea and new behaviour patterns. It is the challenge to the old, to the formal, to the status quo, and to reaction. it instigates the dynamism of change. The success of individual differences in the area of technology suggests to us the potentiality of a similar expression in social invention. Our culture suffers from a dearth of new ideas and new approaches to life. Our need is to encourage difference and evaluate it, selecting among new proposals whose which seem to suggest the most fruitful outcome (Perdew, 1953) Thus, for us to move forward by promoting a sense of social justice and facing the economic and cultural challenges of the 21st century, the main aim of education should be to encourage individual differences.

Abolition Of Death Penalty In India

Abolition Of Death Penalty In India Mahatma Gandhi, who preached non-violence and through the same was successful in attaining independence for colonial India, said the above lines. Eye for an eye refers to vengeance which contrasts the Gandhian ideology of non-violence.In contrast, India has decided to retain the most brutal form of punishment death penalty, which has been abolished by 131 other countries. Tracing the history of abolition of death penalty in India, it dates back to 27th January1931, when this issue was brought about in the legislative assembly headed by Shri Gaya Prasad Singh.  [2]   Death penalty is one of the oldest forms of punishment, even though the method of execution has evolved over the years. This form of punishment has been prescribed under the Indian Penal Code, 1860 which introduced the preliminary concepts of criminal law in India. To a layman, death penalty is awarded for offences like murder section 302 of IPC. The most recent execution had been that of DhananjoyChatterjee, whose case has been examined in detail in our paper. This paper will study the recent trends of abolition of death penalty and evaluate Indias stand on the same. After this, various cases will be discussed to understand the meaning and scope of the term rarest of rare. Our main case in discussion is that of DhananjoyChatterjee, who was awarded death penalty. This case will bring out the restrictive interpretation of rarest of rare term. To sum up, the purpose of our paper is to put forward the arguments in favour of abolition of death penalty. RECENT TRENDS OF ABOLOTION OF DEATH PENALTY Ban Ki-Moon, Secretary General of UN, in 2007 said, I recognize the growing trend in international law and in national practice towards a phasing out of the death penalty.  [3]   There has been a worldwide concern regarding the abolition of death penalty. The UN General Assembly made the first instance towards any such abolition in 1948 by adopting Universal Declaration of Human Rights (UDHR). They strongly advocated the concept of right to life. Article 3 and 5 of UDHR cater to the inhumane or degrading treatment or punishment. Article 6 states that no one should be deprived of life and the countries, which are still practicing death penalty, sentence must be given for the most serious crime in accordance with the law. India too claims to have retained death penalty on the ground that it will be awarded only in the rarest of rare cases and for special reasons.  [4]   Amnesty International reports indicate that a total of 131 countries have abolished death penalty. While 66 other countries have chosen to retain this form of punishment but the number of countries actually executing the punishment is in the minority.  [5]   In 2007, the UN General Assembly approved a resolution, which called all the states to establish a ban on execution with the purpose of abolishing the death penalty. This further strengthens the movement against this form of punishment. Forty-eight countries including India opposed countries that voted in favor of it. In light of the above information India must realize the importance of abolishing death penalty in order to keep up with the rest of the world. It must be kept in mind that Indias stand in retaining death penalty is contrary to the international trend but it always seeks for justifiable ground to award such punishments. DHANANJOY CHATTERJEE Alias DHANA v. STATE OF WEST BENGAL In the present case, DhananjoyChatterjee, the accused, raped and murdered a 18 year old school going girl. The Additional Session judge found him guilty and convicted the accused : (i) for an offence under Section 302 IPC and sentenced him to death, (ii) for an offence under Section 376 IPC and sentenced him to imprisonment for life, and (iii) for the offence under Section 380 IPC, he was sentenced to undergo rigorous imprisonment for five year. The High court confirmed the death sentence after which the appeal was filed, and the Supreme Court confirmed death sentence again. Justice AS Ananad examined the case in the light of the circumstantial evidence since there were no eyewitnesses and confirmed death penalty. He categorized this case under the rarest of rare cases arguing that it was a cold blooded pre-planned brutal murder, without any provocation, after committing rape on an innocent and defenseless young girl of 18 years. He further says that such a case deserves no other punishment than capital punishment. India has witnessed various heinous crimes but the biggest problem faced by the courts is whether to categorize a particular murder under the rarest of rare cases. Though the term rarest of rare is complicated to define, but the Supreme Court in Bachhan Singhs explained what constitutes rarest of rare. The Supreme Court discussed the circumstances of such cases. These circumstances include that the murder committed should be extremely brutal, grotesque, diabolical, revolting or dastardly manner so as to arouse intense and extreme indignation of the community, it should be for a motive which evinces total depravity and meanness, murder of a scheduled cast or scheduled tribe- arousing social wrath (not for personal reasons), bride burning/ dowry death, murderer in a dominating position, position of trust or in course of betrayal of the motherland, where it is enormous in proportion or when the victim is an innocent child, helpless woman, old/infirm person, public figure generally loved and respected by the community. In Panchhi v State of Uttar Pradesh, one of the important cases which stated that brutality is not the only factor that determines whether the case will fall under the rarest of rare category and thereby, life imprisonment can be a better substitution rather than commuting death sentence. The court opined:- No doubt brutality looms large in the murders in this case particularly of the old and also the tender age child. It may be that the manner in which a murder was perpetrated may be a ground but not the sole criterion for judging whether the case is one of the rarest of rare cases as indicated in Bachan Singhs case.  [6]   In State of Maharashtra v Bharat Fakir Dhiwar, even though the accused was held guilty of murder and rape, but the High court acquitted the accused. Furthermore, the Supreme Court refused to take strong stand on death penalty and awarded life imprisonment. Instead, the accused was awarded with life imprisonment. The facts of the cases are, prima facie, diabolical that the lesser option was to give life imprisonment instead of death sentence. EdigaAnamma v. State of Andhra Pradesh is another landmark judgment which involves death penalty awarded to female criminals. Justice Krishna Iyer on the basis of certain factors like gender, socio economic background, and age, psychic reversed the punishment from death sentence to life imprisonment. It was laid down that while evaluating the death penalty, the crime committed should not be the sole criterion for determining the crime but various other factors should also be taken into account. The case of SwamyShraddananda and MuraliManohar Mishra v. State of Karnataka is another case which depicts restricted interpretation of rarest of the rare category. Life imprisonment usually of 14 years was extended for the remaining life of the accused. This was the first time that a court attempted to award life imprisonment by altering the period of punishment. In Santosh Kumar SatishBhushanBariyarvs State of Maharashtra, the accused with three others lured the victim to a particular place with the purpose of confining his movement to ask for ransom. They threatened to kill him if the family did not pay the ransom. Eventually they killed the victim and cut his body into pieces to dispose of at different places. Along with Bariyar, the other accused were also arrested and charged under S.302 and S.364B read with S.120B of the IPC. Bariyar was awarded death sentence which was upheld by the high court stating that Bariyar was the protagonist of the act. However, the Supreme Court refused to award death penalty based on the reasoning that the circumstances were not sufficient enough to constitute rarest of the rare case. The court further supported the judgment by saying that the accused were not professional killers, without any criminal history, but the motive of collecting the money had lead them commit the crime. They relied on the theories of punishment and believe that the Bariyar could be reformed and rehabilitated and hence awarded him rigorous life imprisonment. This is a landmark case which is a step closer to the abolition of death penalty in India, hence was well received by the abolitionists.  [7]  In other words it restricted the scope of rarest of the rare cases. From the facts it can be gauged that the crime committed was extremely grotesque yet the punishment awarded was not in proportion. Based on the landmark cases and the work done by B.B Pande on capital punishment, well be examining the legal perspectives in support of abolition of death penalty in India. The arguments made in favour of the abolition can be discussed in a thematical framework. In Rajendra Prasad v State of U.P, certain fundamental issues relating to law have Right to life is the fundamental right as laid down in the constitution. This theme plays an important role in the debate against death penalty. The constitutional arguments as raised by Justice Krishna Iyer in Rajendra Prasad v State of U.P will be reflect an abolitionists perspective. The points raised by Justice Iyer are: 1) the deprivation of life under our system is too fundamental to be permitted save on the gravest ground and under the strictest scrutiny if Justice, Dignity, Fair Procedure are creed ally constitutional  [8]  . 2) The right to life and to fundamental freedom is deprived when he (accused) is hanged to death, is dignity is defiled when his neck is noosed and strangled.  [9]  3) The judge who sits to decide between death penalty and life sentence must ask himself: Is it reasonably necessary to extinguish his freedom of speech of assembly and association of free-movement, by putting out finally the very flame of life?  [10]  he goes into the retrospecti on of the judge deciding the death penalty and is it reasonable to extinguish to every flame of life out of the accused.  [11]  4) you cannot be unusually cruel for that spells arbitrariness and violates Article 14.  [12]  5) Through this he is trying to bring to notice that this form of punishment violates article (14) which talk about equality before law such punishments are also in violation of the Preamble which speaks of dignity of the individual.  [13]  5) you cannot inflict degrading punishment since the preamble speaks of the dignity of the individual. 6) Social Justice, which the preamble and Article 38 highlight as paramount in the governance of the country, also has a role to mould the sentence.  [14]   Through these arguments put forward by Justice Iyer clearly indicates him to be a believer of abolition of death penalty. Through the issues he wants to highlight the basic rights, one of them being Right to Life which is violated on execution of death penalty. In his argument, he highlights that the death penalty deprives the criminal from right to life and questions if the crime committed is so grave that a constitutional right needs to be compromised on? In contrary, all other fundamental rights are given equal importance in India. Such degrading punishments defeat the purpose of Article (14) which talks about equality before law. In other words, this form of punishment can be said to be unconstitutional. Justice Iyer points out to the absence of proper guidelines and standards in awarding life imprisonment or death sentence in Section. 302 of IPC. This in turn gives over- wide power in matters of life and death. Sections. 303 and 307 prescribe death penalty as the only form of punishment. Section.302 prescribes only one alternative to death penalty i.e. life imprisonment. The basic problem arising here is that the only alternative to death penalty is life imprisonment. So, the question of when and which punishment is left at the discretion of the judges. Another matter complexing the situation is that the punishments under IPC are limited. Therefore, the scope of awarding punishments in brutal and diabolical cases is restricted because of the sections enacted under IPC. Among the prevailing theory of punishments, one of the important factors of death penalty is deterrence. This element of death penalty is given a lot of importance because it has been presumed by the courts that will deter crimes to be committed in the future. This theory is supported by Justice Sen, who argued that the deterrence is generally held to be the most important, although the continuing public demand for retribution cannot be ignored.  [15]  It is still believed that through death penalty deterrence can be the factor that refrain a person from committing a crime. However, the statistics shows that this impression about deterrence is proved to be wrong. According to the Indian Crime Report of 2007 which states disturbing figures, 19,89,673 are crimes related to IPC.  [16]  It also shows that the IPC crime rate in 2007 was 175.1 whereas in 2006 it was 167.7.  [17]  These figures clearly contradict the presumptions taken by the courts on deterrence. Thus, it is al so stated in the 35th report produced in 1967 the Law Commission took the view that capital punishment acted as a deterrent to crime.  [18]   A deeper study of the implications of death penalty gives us a social aspect of this punishment which is not evident otherwise. In this perspective we can observe that the death penalty affects the poor and the helples that are to be protected by the law. The significant role of the law is to protect the people and society by laying down rules for the proper justice. However, the process and the practices implemented till now have been biased specially towards the poor and the helpless. The social inequalities are highlighted through the judgments given in different cases. In DayanidhiBisoi v State of Orissa, the accused was working as a peon which indicates about its weak economic background. Thus, this element is betokening of the wrong judgment executed by the courts. According to the cases stated above, it is evident that the rarest of rare term has been interpreted in a restrictive manner. Even after the guildines laid down by the court in the Bachhan Singh case, the judicial discretion has played an important role in defining the rarest of rare cases. For every offence where death penalty is awarded, the court looks at various aspects of the offence to decide whether it is rare enough to award death penalty. In Rajendra Prasad case, the court defined the parameters for awarding death penalty. It was further stated that the death penalty must relate to the criminal and not with the crime. In Bariyar case, brutality was not the only factor for determining death sentence for the accused, the court emphasized on the other aspects like the professional background of the accused as well as his criminal history. In EdigaAnamma case, the female criminals socio-economic background was looked into. Therefore, it can be confidently said that inspite of ma ny death penalties awarded no clear standard has evolved to clear the stand of the courts on rarest of rare term. This gives rise to erroneous judgments which in the past have taken place in almost seven cases convicting thirteen criminals and awarding them death penalty. Coming to the DhananjoyChatterjees case, in light of the above arguments, the crime or the criminal clearly does not come under the rarest of rare cases. There is a thin line between the rarest of rare and ordinary case but again its judicial discretion that plays the deciding factor. CONCLUSION Various arguments have been made in favor of the abolition of death penalty. The purpose of this paper is to bring together the analysis from the landmark cases to infer what constitutes rarest of rare. The judgment in Bariyar can be considered as a significant one because it gave importance to the reformatory and rehabilitation scheme. The court said that the prosecution has to first prove that the case belong to the rarest of the rare category after which they also have to provide evidence as to why accused was not fit for any kind of reformation. After which, the death sentence could be awarded. It is important for a developing nation like ours to match up to the international standards and do away with the forms of punishment that hinder its progress.We hope that India works towards complete abolition of death penalty!!

Audrey Hepburn :: Biography

Audrey Hepburn was loved all over the world and was a very influential, successful actress. She was known for acting, modeling, and dancing. Many women in the world looked to Audrey as their idol. She was influenced by many things that happened during her early life. In Brussels, Belgium Audrey Kathleen Hepburn was born on May 4, 1929. As an infant she almost nearly died from a case of whooping cough because her mother did not believe in doctors she believed in prayers only (Gitlin 1). Audrey was different from a lot of kids when growing up she was a shy, but had a wild imagination. She imaged a fairly castle with nature’s wonders of trees or bushes (Gitlin 3). Hepburn attended an academy for girls in Kent from 1935-1938 (Audrey Hepburn). Audrey and her mother, Ella, were abandoned by Audrey’s father because he was so involved with the Fascist movement. He was very motivated by his increased political passions (Gitlin 6). Audrey’s Grandparents took her and her mother fifty miles southeast of Amsterdam and helped then through the hard time of Audrey’s dad leaving them. After some time had passed on Audrey’s father, Joseph moved to London and asked for visitation rights (Gitlin 6). In 1939- 1945 Hepburn traine d in ballet in Arnhem Conservatory. Audrey became so well at doing ballet in 1944 she danced for groups of people to collect money for underground movement. Later she said, â€Å"The best audience I ever had made not a single sound at the end of my performance’’ (Audrey Hepburn). While attending boarding school, World War II broke out but Audrey focused on ballet. Ella did not feel safe in their location because of the war. The two of them relocated to Holland but soon no country will be safe in Europe because of the German attack (Gitlin 8). Ella and her daughter had to be separated during the war for a while because of all the danger zones. One of the last planes was traveling from England to Holland and they managed to make it. This was the last time Audrey would ever be able to see her father again because of his conversions to Nazism was complete (Gitlin 8 ). Audrey was able to enroll in Arnhem Conservatory of music and dance during this hard ship. The school wasn’t the best in Europe, but they did help her out with her posture and flexibility.

Robert Frosts Poem The Road Not Taken Essay -- Road Taken Robert Fros

Robert Frost's Poem "The Road Not Taken" The poem â€Å"The Road Not Taken† by Robert Frost addresses the idea of decision-making and choosing what direction life will take you. The poem is about the speaker arriving at a fork in the road, where both paths are carpeted with leaves. The persona, who is believed to be Frost himself, chooses to take the road less traveled by. He tells himself that he will take the other road another day, although he knows it is unlikely that he will have the opportunity to do so. The poem concludes with the speaker satisfied by his choice in taking the road less traveled by.   Ã‚  Ã‚  Ã‚  Ã‚  The poem consists of four stanzas, each containing five lines. The rhyme rigid scheme is ABAAB. Then, in the last line the rhyme is broken with the word â€Å"difference† making the ending stand out from the rest of the poem. Each line contains four stressed syllables. Frost uses a metaphor comparing the road to life, and the fork to making decisions. The first stanza conveys a mood of change and introduces the idea of a life altering decision, which is the basis for the poem. First Frost sets the scene with his opening words, â€Å"Two roads diverged†¦Ã¢â‚¬  (line 1). The speaker is standing at a junction in the road pondering two choices. The roads in the poem are merged where the speaker is standing but lead in two different directions signifying two different paths in life. Frost begins with the metaphorical meaning as early as the first line with his reference to â€Å"†¦yellow w...

The Hero in John Steinbecks Cannery Row :: Cannery Row Essays

The "Failure" As Hero in Cannery Row It is Doc, in Cannery Row, who provides the objective and nonteleological point of view which is to be found in so many of Steinbeck's works. For Doc, himself freed from the get-get-get philosophy of the world of the machine by virtue of his science, his detachment, his gentleness, and his personal refusal to be pushed into either Social Importance or the role of Social Judge, insists that the boys of the Palace Flophouse are universal symbols rather than mere ne'er-do-wells. And what they symbolize is simply this: the madness of a world in which those who enjoy life most are those whom the world considers "failures." For Mack and the boys most certainly are failures-in everything but humanity and life itself: Mack and the boys . . . are the Virtues, the Graces, the Beauties of the hurried mangled craziness of Monterey and the cosmic Monterey where men in fear and hunger destroy their stomachs in the fight to secure certain food, where men hungering for love destroy everything lovable about them . . . In the world ruled by tigers with ulcers, rutted by strictured bulls, scavenged by blind jackals, Mac and the boys dine delicately with the tigers, fondle the frantic heifers, and wrap up the crumbs to feed the sea-gulls of Cannery Row. What can it profit a man to gain the whole world and come to his property with a gastric ulcer, a blown prostate, and bifocals? Mack and the boys avoid the trap, step over the poison. . . . I think they survive in this particular world better than other people. In a time when people tear themselves to pieces with ambition and nervousness and covetousness, they are relaxed. All of our so-called successful men are sick men, with bad stomachs, and bad souls, but Mack and the boys are healthy and curiously clean. They can do what they want. They can satisfy their appetites without calling them something else. And the final paradox of all, Doc continues (a paradox which bemuses Ethan Hawley in The Winter of Our Discontent), is the fact that virtues like honesty, spontaneity, and kindness are - in the world of the machine - almost

Describe the Limitations and Constraints of Marketing

P2-describe the limitations and constraints of marketing Limitations and constraints include; Sales of Goods Act 1979 Trade Descriptions Act 1968 Consumer Credit Act 2006 Data Protection Act 1968 Voluntary constraints Direct Marketing Association (DMA) Pressure groups and consumerism Acceptable language Sales of goods act 1979 The sales of goods act needs sellers to trade goods that are as they advertised and described. The good or service has to be of satisfactory quality.Effectively meaning that for an organisation like micro-soft, the goods and services must be described precisely when promoted because the company needs to be able to prove that the product can do what they say. Trading Regulations 2008 This act enables clients to equal treatment from businesses they deal with. Within this act, businesses can’t use fear to sell their products. Businesses can’t lie to promote products for example ‘closing down sale’ when they are going to stay open after t hem sale. So blackberry can’t advertise their products with features that they don’t have.The latest Blackberry boasts the best resolution screen of its kind, which then had to be verified and researched by an independent organisation to see it the statement, was true. Consumer Credit Acts 2006 These acts apply to businesses that offer goods or services on credit or companies that lend money to consumers. To be in this category, businesses must be licensed by the Office of Fair Trading (OFT), this would handle and include the method of calculating APR and the form and content of the agreement.The consumer credit act 2002 defends consumer’s rights when they purchase things on credit. When lending money, companies much have interest rates clearly identified and these can’t be changing them after. The Data Protection 1968 This Act means that any information taken by a salespersons can only be used for the reasoned mentioned when taken , it has to be precise and up to date, it can’t be taken for a longer period of time than the time mentioned when it was taken , and can only be taken properly and lawfully.It must be kept up to date because if someone dies it is put on the up date. Furthermore your information is protected from unauthorised use, and cannot be given on to other companies without your permission. Voluntary codes This is when businesses volunteers that they will never do something or they will always do something. This might include signing a code of practice mentioning specific behaviours and rules ethically, even though it can’t be legally enforced.

Memorandum of Law Instructions

Memorandum of Law Instructions Legal research and writing often manifests Itself In the form of written documents. Some of these documents are for the Internal use of the firm or other entity. Others, such as letters, pleadings, and briefs are for courts and other third parties. A principal document that Is often used Internally, and, at times, transformed Into a letter, brief, or otherwise altered for use with third parties, is the Memorandum of Law. You will draft one of these documents for a large portion of your grade in this class. It will allow you to practice virtually all of the skills that you will learn throughout this course.The Memorandum of Law is covered in chapter 13 of the text. You should probably read that chapter now in planning for this assignment (it will be covered in detail in Module/Week 7). You will complete your memorandum in three parts, and each part will be graded and returned to you in time for you to incorporate what you have learned Into the next step in the assignment. The Memorandum of Law that you will be writing Is an objective document that ill explain what the law Is with regard to the hypothetical fact pattern that will be given to you by your Instructor.Thus, you will not necessarily be attempting to persuade the reader. Rather, you will be reporting to your instructor (who, in this instance, will be like an attorney in a law firm for the purposes of this assignment) what you believe the law is with regard to the situation posed. Thus, you must address authorities that might be helpful and not so helpful to your client's position. You should format your memorandum like the examples in chapter 13 of the text, include the following: Provide a heading with your instructors name in the â€Å"to:† field, your name in the â€Å"from:† field, and the date and topic. SE headings as shown In the text. Use a professional font that Is easy to read. The text should be double-spaced, with page numbers at the bottom of ea ch page and one-inch margins. Case Briefs Conduct research on the hypothetical fact pattern given to you by your instructor. Locate the relevant cases that you will be addressing in your Memorandum of Law (remember, the Memorandum of Law is an objective assignment, so you should include both cases that help and hurt your position).Read and analyze the cases as discussed in chapter 3 of the text. After reading and analyzing the cases that you found, prepare case briefs for what you believe to be the five most important cases that you will rely upon In drafting your Memorandum of Law. You should generally format the case briefs the same way that you will format the Memorandum of Law (see above, chapter 13 as to the Memorandum of Law, and chapter 4 of the text as to briefing cases and the form of the briefs). You may Include all of the briefs In one Word file.Head the file as you will the Memorandum of Law, and then Include each of the five briefs as the text of the file that you will submit through a link provided in Your Case Briefs are due by 1 1 :59 p. M. (ET) on Monday of Module/Week 3. Rough Draft Finish your research and analysis of the hypothetical fact pattern, incorporate the feedback that you receive from your instructor on the Case Briefs, and then complete this part. For this part, you will complete a rough draft of the actual Memorandum of Law. Formatting, research, writing, etc. Loud be as close as possible to what you envision for the final draft. The better the Job you do here, the better grade you will receive on this part of the assignment. But, perhaps even more importantly, the better the Job you do, the more valuable the feedback you receive. Thus, it will benefit you for the final part of the assignment as well.