Tuesday, December 31, 2019

What Is Corporal Punishment Is It Still Allowed

Corporal punishment is a physical punishment which inflicts pain as justice for many different types of offenses. This punishment has been historically used in schools, the home, and the judicial system. While this is a general type of punishment, it is often most associated with children, and the U.N. Committee on the Rights of the Child defined it as â€Å"any punishment in which physical force is used and intended to cause some degree of pain or discomfort.† Corporal Punishment Definition Corporal punishment exists in varying degrees of severity, from spanking, often used on children and students, to whipping or caning. Currently, severe corporal punishment is largely outlawed. In many countries, domestic corporal punishment is allowed as reasonable punishment, whereas in others, such as Sweden, all physical punishment of children is prohibited. In schools, physical punishment is outlawed in 128 countries, but is lawful in some situations in Australia, the Republic of South Korea, and the United States (where it is legal in 19 states). Corporal Punishment in Schools Corporal punishment has been used widely in schools for thousands of years for legal and religious reasons and has spawned old proverbs such as â€Å"spare the rod and spoil the child,† which is paraphrase of the biblical verse, â€Å"He who spares the rod hates his son, but he who loves him is careful to discipline him.† However, this type of punishment is not limited to Christian-majority nations and has been a staple of school discipline across the globe. The international push to outlaw corporal punishment in schools has been fairly recent. In Europe, the prohibition of physical punishment in schools began in the late 1990s, and in South America in the 2000s. The United Nations Convention on the Rights of the Child occurred as recently as 2011. In the United States, corporal punishment is mostly eradicated from private schools but is legal in public schools. In September of 2018, a school in the state of Georgia garnered national attention by sending home a â€Å"consent to paddle† form, informing parents of the renewed use of the paddle, a punishment which mostly disappeared in schools in the past few decades. Corporal Punishment in the Home Physical punishment in the home, however, is much more difficult to regulate. In regards to children, it has a similar historical precedent as this type of punishment in schools. According to a report by UNICEF, more than a quarter of caregivers in the world believe that physical punishment is a necessary aspect of the discipline. Many countries that expressly prohibit corporal punishment in schools have not outlawed it in the home. The U.N. has adopted child abuse as a human rights abuse, but there is no strict international definition as to what separates abuse from discipline, making it more difficult to legislate. In the United States, the distinction is made on a state-by-state basis usually defining discipline as the use of appropriate and necessary force, whereas abuse is more severe. Some states do define exactly which techniques are not allowed (such as kicking, close-fisted striking, burning, etc). This distinction is fairly normalized internationally, though methods of discipline vary by culture, region, geography, and age. Corporal punishment has also existed in the home historically as a method to discipline servants and slaves. Worldwide, slaves and servants have been whipped, beaten, and burned for alleged wrongdoings. This type of punishment is still domestic because the method of discipline was fully within the control of the boss or owner. Judicial Corporal Punishment While it is less practiced today, physical punishment of criminals, known as judicial corporal punishment, is still in effect. Judicial corporal punishment is now outlawed in most countries in the Western Hemisphere but is legal in some other regions, and the most common punishment is whipping or caning. The main difference between this type of punishment and the others explained above is that judicial corporal punishment is systematic. It is not an individual choice of the person in power, but a regulated punishment that is generally uniform across punishers. Therefore, although there is widespread violence by police and prison guards against those suspected or guilty of a crime, it cannot be considered judicial corporal punishment because it is not an officially sanctioned punishment. Medieval methods of corporal punishment were intended to torture as well as punish. Thievery was punished by amputating the hand of the thief so the public was aware of his crime. Additionally, gossips were put in a device called a bridle, which was a mask-like object that stuck spikes in the mouth of the offender which prevented them from speaking or even closing their mouth fully. Other punishments such as being suspended in cages or placed inside stocks were intended to shame, but cause mild to moderate discomfort as a side effect. Later, into the 18th and 19th century, forms of punishment specifically in the West became less severe and more focused on immediate pain as opposed to torture or public humiliation (with the exception of the U.S. colonies’ famous tar and feathering). Caning, whipping, and flogging was the most common, but more serious punishments such as castration were still used for crimes of a sexual nature. By the middle of the 20th century, most Western nations, and many others throughout the globe outlawed corporal punishment. In states where this form of punishment is still legal, anything that constitutes torture is illegal under international humanitarian law. Regardless of the legality, there are also different degrees to which it is enforced. Therefore, while it may be outlawed nationally, some tribes or local communities may continue to practice it. Conclusion While corporal punishment is phasing out of use legally and socially, it is still a tradition and is passed down through generations regardless of legality. It is an especially difficult practice to control because, with the exception of judicial punishment, it is often individual and in the domestic sphere where there is less governmental oversight. However, greater oversight, especially in schools, as well as improved conflict and resolution training in the home, can help ensure that corporal punishment is not the primary method of punishment. Sources Gershoff, E. T., Font, S. A. (2016). Corporal Punishment in U.S. Public Schools: Prevalence, Disparities in Use, and Status in State and Federal Policy. Social policy report, 30, 1.Arafa, Mohamed A. and Burns, Jonathan, Judicial Corporal Punishment in the United States? Lessons from Islamic Criminal Law for Curing the Ills of Mass Incarceration (January 25, 2016). 25 Indiana International Comparative Law Review 3, 2015. Available at SSRN: https://ssrn.com/abstract2722140

Monday, December 23, 2019

International Law Aids Conflict Resolution Essay - 1270 Words

Introduction International law sets out principles in respect to a state’s legal relationship with other states in many areas including transnational crimes, state boundaries, oceans, and world trade to name a few. Without international law, chaos and tension could develop. Disputes are unavoidable when there are overlapping jurisdictional claims over the sovereignty of a particular area. The recent escalation of tensions in the East and South China Seas has directed attention to the likelihood of an armed conflict in the region. The purpose of this essay is to identify how international law aids conflict resolution in respect to the disputed territory in South and East Asia Seas. Focussing mainly on the United Nations Convention on the Law of the Sea (LOS Convention) , the essay will then examine the key dispute resolution mechanisms provided in the Convention and highlight its effect to resolving the disputes. Setting the context The South China Sea is one of the world’s busiest shipping routes, as much as 50 per cent of the global oil tankers shipments pass through its waters. It also holds rich fishing stock and large oil and gas reserves. The territorial dispute over the group of islands is considered to be one of the most complex political and legal dispute in Asia as it involves the concept of sovereignty. The geographical nature of the area in dispute has been categorised as a semi-enclosed sea which is surrounded by China, Taiwan and most of the ASEANShow MoreRelatedHuman Rights Violations And Corruption1619 Words   |  7 Pages It is well known that there is widespread conflict, human rights violations and corruption in Africa. The international community has failed to act because they are not enabled with financial resources or the power to force sovereign nations to act in accordance with basic and universal civil rights. 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Sunday, December 15, 2019

Black Humor, Gallows Humor and Identity Crisis Free Essays

Evensong’s Mother Night, and then analyze the identity crises of certain characters of the story. As I have written, there are many similarities between black humor and gallows humor, and in order to make a distinction between them, first I would like to point out those features that are shared and typical of both of them. To create such humor, the writer always confronts rationality with the chaos of the universe and the notion of death. We will write a custom essay sample on Black Humor, Gallows Humor and Identity Crisis or any similar topic only for you Order Now Both black humor and gallows humor function as a counterbalance which mitigates the seriousness of death, or a situation which eventually ends with death. In both cases the constraint of laughter Is rooted In the sense of Inertia, and In the acknowledgement of the Insensitivity of the universe to human reasoning. They are both based on a sense of defeat, because of which they cannot be triumphant satires, still they are comical for they reveal nonsense. Now that I have examined the common features of these two types of humor, I will proceed with the most salient difference between the two. In the case of black humor, the object of laughter applies to the laughing subject as well, while it is quite different with gallows humor, as the deader cannot identify with a condemned character who is waiting for his own death. Obviously, the reader hasn’t experienced anything like that before, so the notion of impending death is unknown to them, that’s why they cannot put themselves In the place of that character, they feel like an outside observer Instead. In Kurt Evensong’s Mother Night there are many examples for both elements. The frame of the story takes place In an Israeli prison with the mall character, Howard W. Campbell Jar. Writing his memoirs In It. At the very beginning of the story, the reader Is Informed by the narrator, – who is Campbell himself – that Campbell is waiting for his trial for war crimes sixteen years after the end of the Second World War. His crimes which are as â€Å"ancient† as some stones in the prison wall, later turn out to be justified as Campbell was only serving the US as a spy, providing information for them during the war. Depicting him defenseless and miserable in his prison cell could provide a good foundation for gallows humor however, his death at the very end of the story has thing to do with it. It Is more like a serious and fatal result of his identity crisis, which I will touch upon later. But there are other parts of the story which actually contain black humor, for example the death of Sauerkraut who was a racist old man, â€Å"former Vice-Fundraiser of the German-American Bund,† The representation of his death Is quite factual and emotionless at the same time, and even his close friends and comrades react rather indifferently. After he drops dead they call for a more humorous. Epstein was Jewish, and I thought Jones or Kelley might say meeting to him about the way he was punching and poking Sauerkraut. But the two antique fascists were childishly respectful and dependent. † The culmination of the comical events happens when the Black Fuehrer of Harlem arrives, who is the racist black chauffeur of Skyscraper’s company. â€Å"Everything all right up here? † he said to Jones. Muff was up here so long. † â€Å"Not quite,’ said Jones. â€Å"August Sauerkraut died. † The Black Fuehrer of Harlem took the news in stride. â€Å"All dying, all dying,† he said. â€Å"Who’s goanna pick up the torch when everybody’s dead? As I have said, Campbell story is a story about identity crisis Just like the whole novel, and the previously analyzed elements are there to soften the depressing effects of it. The term â€Å"identity crisis† was invented by Erik Erikson, a German psychologist who dealt with the development of the ego and that of the personality. According to him, identity crisis is the failure to achieve ego identity during adolescence however, we also use the term when we speak about the psychosocial state or condition of disorientation and role infusion caused by conflicting internal and external experiences, pressures, and expectations. In Mother Night the external effects are obviously caused by the Second World War, and for me, the representation of Campbell guards and their conversations are the most expressive parts of the story, and the best examples of identity crisis. When the narrator characterizes them, and when they tell how they took part and what their roles were in the war, it turns out that they should also be behind bars with Campbell. These people turned their backs on their fellow Monterrey, their fellow sufferers and what is more repellent, they betrayed their own being. There is a man, who tells us nostalgically about how he volunteered to be a member of the so called Condemnations. There is another one, who – despite the fact that he is Jewish – even became an AS member, and when Campbell shows him the transcript of one of his broadcasts, he criticizes it for not being passionate and fervent enough. In the case of the second guard, he did what he did to avoid death, but the first guard cannot Justify his decision. When Campbell asks him why he joined the Condemnations, he simply cannot give an answer and tells the main character that there were other volunteers as well. The other guard, who Joined the AS says that he made his decision to avoid death, but at some points it seems that he even enjoyed his Job. â€Å"What an Aryan I made! † – says he. The Second World War and the survival instinct of these people compelled them to put on masks and do things which normally they would never do. And they did it for so long, that eventually they loud identify with their role, and this identification confused them and distorted their original identity. This is exactly what happens to the main character, Campbell as well. His ordeals start in Germany, where he is commissioned by an American soldier to spy for the U. S. As a Nazi playwright and from that point on, he is regarded as a Nazi by the whole world. Even though he is only acting, nobody knows who he really is and as a result, he becomes unsure about his own identity by the end of the story. There is a scene which takes place after the war ended, in which Campbell inverses with the agent, called Warrantee, who commissioned him. How else could I have survived? † as you did. † â€Å"You think I was a Nazi? † I said. â€Å"Certainly you were,† he said. â€Å"How else could a responsible historian classify you? † All in all, the moral of the story which is an admonition as well is worded by Bonnet at the beginning of the novel. It goes like this: â€Å"We are what we pretend to be, so we must be careful about what we pretend to be. † For me , it means that we should always be true to ourselves and stick to those values which we consider the best. How to cite Black Humor, Gallows Humor and Identity Crisis, Papers

Saturday, December 7, 2019

Desi Arnaz His Orchestra - Babalu free essay sample

Babalu reflects the appeal and color oflegendary bandleader Desi Arnaz. His talented singing voice has a Cuban flare.What this musician likes to do is take the most popular Cuban songs and mix themwith his own to make an unmatched musical experience. Not only is Arnaz a musician, he is alsowell-known for his starring role as Ricky Ricardo on the sitcom I LoveLucy, where he played a bandleader, at times performs some of hishits. Desi Arnaz starts this collectionwith the song Babalu. This tune has almost a tribal feel as the leadman plays the conga drums. This is perhaps one of the best albums to play at anightclub. It has songs to dance to as well as slow songs. Also, the musicreflects the artist. One can learn about the culture of Cuba through Arnazs manyreferences to the country and some Spanish lyrics. Babalu isone of a kind. Not many have reached the popularity of this Cuban star. We will write a custom essay sample on Desi Arnaz His Orchestra Babalu or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page The albummay appear to be outdated and only appreciated by the past generation, but thatsnot true. It still serves as a basis for salsa and jazz musicians. Babalu is a top-rated Latin album. It is very moving, and mayeven inspire listeners to relocate to Cuba.