American Literature Mark Twain and Realism Research Paper Example

American Literature: Mark Twain and Realism Paper During the literary time period of Realism, many authors exemplified the characteristics of Realism; however, Mark Twain outstood all the rest. Twain is a great example of the Realist time period for literature. The Realist time period took place from 1850 until the turn of the century and he played a major role in the start of modern literature. Mark Twain really embraces the styles and conventions that the Realistic time period focused on. Realism is â€Å"the faithful representation of reality† (Campbell). Realism seemed like real life in the 1800s. Through the late 1800s, Realism emerged as the literary movement to focus on. Realism was the movement that bridged the Romantic time period to the Modern time period. As Realism emerged, it was defined as any work of fiction published in the late 1850s (Campbell). Through the course of this time period, Realism became very popular through different events in history. The major event that took place was the Civil War, 1861-1865. During the war, many soldiers had experienced down time when battles were not being fought. Reading would be a way to pass time in-between battles and this pushed the issue for more books to be published. Although Mark Twain didn’t publish his two most famous novels until 1876, other authors provided the soldiers with good Realist literature (Arpin 411). â€Å"Realism lasted from the Civil War until the turn of the century when Mark Twain wrote fiction devoted to accurate representation of American lives† (Campbell). The Civil War was the major impact on the beginning of Realism and the end of Romanticism. After the Civil War, â€Å"an increase in literacy rates, the growth of industrialization and urbanization, and a rise in the middle class provided a fertile environment for readers† (Campbell). We will write a custom essay sample on American Literature: Mark Twain and Realism specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on American Literature: Mark Twain and Realism specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on American Literature: Mark Twain and Realism specifically for you FOR ONLY $16.38 $13.9/page Hire Writer These actions helped define Realism to what it is seen as today. The best way to depict Realism is by analyzing the authors’ ability to narrate their respective novels. Many realist authors wrote using an unbiased perspective of life by only stating the facts and not delving into the characters’ heads no matter what part of society they were from (Galens 246). These authors used the style of an objective narration, which is a major characteristic of Realism, to satisfy all aspects of life. Through the way of life in societies, Realism was defined to be incorporating the customs of the area in the work. Not only did Realism impact literature, it impacted religion, philosophy, and psychology† (Galens 258). This movement hit home on every form of life and shifted the way people saw life in the late 1800s. Now, focusing on philosophy and religion, these factors were very apparent in Realist novels. â€Å"Many authors put forth their effort to bring in philosophical a nd religious debates to accompany their descriptions on the physical details in novels† (Galens 253). The use of these debates helps authors to focus on more than one theme throughout the course of a novel. Twain, in particular, liked to focus on freedom and independence combined with slavery as an influence in his novels (Hill 64). Some examples of these themes are found in The Adventures of Huckleberry Finn and The Adventures of Tom Sawyer. Going back to all Realist writers, in general, they â€Å"wanted to use all levels of society in their novels by addressing socioeconomic class conflict† (Galens 251). The idea of incorporating both the rich and the poor in books became a good idea in the minds of Realist novelists. Realism became known to involve these themes in literature. The use of setting, characterization, and the narrative voice helped define realist authors by using these styles to excellence (Galens 253). The narrative voice is a key in Realist writing and it is a main style of Realism. â€Å"Many writers wanted to focus of the objective reality by using a ‘storyteller,’ who is not involved in the story, instead of a character to tell the story† (Galens 253). As a result, most Realist novels are written in the third-person objective point of view. Another style of Realism is the characterization by the authors. Many authors were known for their wide range of characters, from both ends of society, as well as, going into deep psychological detail with certain characters (Galens 253-4). This characterization helps the reader to dig deeper into characters to learn how each one develops in their respective novels. The authors of Realism based their stories in both the city and the country. Authors looked to portray the working conditions, as well as, to involve historical events during the time at which he or she wrote (Galens 253). Twain showed this by writing about slavery during the Civil War. Realism expanded throughout the nineteenth century as many different variations came about to the authors. Regionalism, local color, and Naturalism were all based on Realism. â€Å"In the United States, Regionalism and local color fiction, in particular, were American offshoots of Realism. Realism also exerted a profound influence on drama and theatrical productions† (Galens 246-7). Regionalism focused on geography by using the native speech of the one’s that live in the area (Arpin 419). Regionalism was used by Twain to help dive deeper into a particular culture and certain area of the United States. Through these two versions of Realism, authors were able to expand their focuses on Realism to include more detail. â€Å"Local color fiction†¦ focused on the local customs, traditions, dialects, and folklore of small town and rural America† (Galens 255). Local color and Regionalism liked to focus on a specific area, or culture, and their way of life. Mark Twain is an exemplary figure in the Realistic time period. However, most people don’t know that â€Å"Mark Twain† is the writing name of Samuel Langhorne Clemens. The major dates in Clemens’ life were his birth, marriage, and death. He was born on November 30th, 1835, in Florida, Missouri. Twain was born to John Marshall and Jane Lampton Clemens, which means he took his mother’s name. He was married Olivia Langdon in February of 1870. Clemens’ demise occurred on April 21st, 1910, in Redding, Connecticut (Hill 65). Throughout Clemens’ life, one would suspect him to have received numerous awards; however, the only award he ever received was for being the faster typesetter in Missouri. As a teenager, Clemens worked at several jobs as an apprentice and typesetter (Hill 68. ) This work was mainly for his brother Orion, until Twain decided to leave the family business. In the following years, Clemens traveled America and became a licensed pilot (Hill 69). However, the Civil War started and Clemens had to give up his profession. â€Å"On 2 February, 1863, he employed the pseudonym Mark Twain for the first time on one of his contributions to a Virginia newspaper† (Hill 69). This is when he Clemens, the pilot and the typesetter, became Twain, the exemplary author. Twain exemplified the characteristics of the Realist time period. â€Å"Mark Twain is the best-known example of a regional writer whose realism far surpassed local bounds† (Arpin 420). He has been described to be one of the best writers of not only this time period, but of all time. His novels are outstanding and well-known around the world. The Adventures of Huckleberry Finn is one of the most popular novels ever written, however, there is much controversy over Twain’s â€Å"masterpiece,† such as its racism (Gerber 95). Even through this controversy, people still want to read this wonderful book. Some major influences in Twain’s writing were, obviously, The Civil War, along with the Era of Reconstruction and the Gilded Age (Hill 64). He was influenced mostly by the war and the issue of slavery. He lived during the time of slavery and was present to witness, first-hand, what slaves went through in the South. Twain’s masterpiece, as previously noted, is a book that deserved to be focused on. It is written excellently and has many of the characteristics that a Realistic novel needs to have. Two of his short stories, â€Å"The Celebrated Jumping Frog of Calaveras County† and â€Å"A Visit to Niagara,† were also observed for the characteristics of the Realistic time period. These were the most well-known short stories by Mark Twain. Mark Twain was an expert in using Realistic characteristics in his works of literature. There are two of many characteristics that make a novel belong in the Realistic time period. One is that the â€Å"diction is natural vernacular, and the tone may be comic or satiric† (Campbell). Basically, the author uses the native language of the region where the book is based to provide a Regionalist effect. The second characteristic is the way the authors depict ordinary people in their everyday lives. The last, but not least, characteristic is that â€Å"the events are plausible† in Realistic literature (Campbell). These three characteristics helped to define what we know as the Realistic time period. Twain orchestrated his writing in such a way that his diction emphasized a certain region, especially in The Adventures of Huckleberry Finn. The book is based in the South and the way the characters talk sounds just like they have accents from the South. â€Å"I hain’t got no money, I tell you† (Twain 20). Reading this makes a person think that they are in the South in the late 1800s. Other quotes, such as, â€Å"I wisht old Boggs’d threaten me, ‘cuz then I’d know I warn’t gwyne to die for a thousan’ year,† (Twain 134) and â€Å"Doan’ you ‘member de house dat was float’n down de river, en dey wuz a man in dah, kivered up†¦Ã¢â‚¬  (Twain 278), exemplify that this novel takes place in the far south of America during the Civil War. The diction that Twain uses resembles the area to where the setting of this particular book is. As a result, this vernacular helps the reader to understand the book to a bigger extent by understanding how people in that region talk and live. Twain showed his views of ordinary people living their everyday lives in his works. In â€Å"A Visit to Niagara,† the first couple of lines are typical things a visitor would say in a trip to Niagara Falls. â€Å"The hotels are excellent, and the prices not at all exorbitant† (Twain 19). This could be the thoughts of everyday people making a trip to the border. Also, the word â€Å"exorbitant,† shows possible diction of the language used in that particular region of America. â€Å"I found Simon Wheeler dozing comfortably by the barroom stove of the dilapidated tavern in the decayed mining camp† (Twain 11). This shows the life of Californians, which is where the story takes place in â€Å"A Celebrated†¦Ã¢â‚¬  Many men traveled westward in search of mining for gold and other valuables. Realist writing showed people what happened on a regular basis during the second half of the 19th century. Huck Finn â€Å"hadn’t had a bite to eat since yesterday, so Jim he got out some corn-dodgers and buttermilk, and pork and cabbage and greens† (Twain 111). This shows what people eat on a daily basis in the South and how their culture can be different from other regions. Realistic novels avoid the sensational, dramatic events of naturalistic novels and romances† (Campbell). Twain used many events from his life to form the novels The Adventures of Huckleberry Finn and The Adventures of Tom Sawyer (Hill 69). In these novels, Twain mirrored the character of Tom Sawyer after himself. He also portrayed Huck to be a combination of his childhood friends. These stories were based on Clemens’ childhood. He wanted to reflect on his past adventures and tough times. â€Å"When they told me there was a state in this country where they’d let that nigger vote, I drawed out. I says I’ll never vote ag’in† (Twain 26). At this time in the South, slavery was still legal and this quote is referring to a black man in Ohio who is wearing nicer clothing than the whites. As Huck progresses through the novel, he discovers a runaway slave, Jim. This puts Huck in a tough predicament because he is a white boy dealing with a slave. â€Å"It was fifteen minutes before I could work myself up to go and humble myself to a nigger; but I done it, and I warnt ever sorry for it afterwards, neither. I didnt do him no more mean tricks, and I wouldnt done that one if Id a knowed it would make him feel that way† (Twain 82). Huck overcomes what he was brought up to think about blacks. He leaves his mind open to all the possibilities. Since Huck is based on Twain’s childhood friends, I come to believe that these events happened to at least one of his friends. Huck comes to meet a family and realizes that â€Å"each person had their own nigger to wait on them† (Twain 101). This resembles what slavery was like prior to the Civil War. Slaves were abundant and often outnumbered the family members that owned them. These plausible events show how Twain was able to relate his life through some not so fictional characters. Mark Twain was the most exemplary author of the Realistic time period. His works of literature, both novels and short stories, displayed many characteristics that occurred in the era of Realism. His plausible events, diction, and depiction of everyday life were some of the main proponents of his writing. Twain never won any awards for his works, but he was deprived because his literature was outstanding. He did have an award named after him, however. The Mark Twain Prize is presented at the annual Kennedy Awards in honor of his humorist writing. Twain exemplifies Realism and shows how to use these characteristic perfectly.

Big Brothers Big Mouth Essays

Big Brothers Big Mouth Essays Big Brothers Big Mouth Paper Big Brothers Big Mouth Paper This would mean that its audience are socially diverse, open-minded, and slightly merciless. This is reflected by the increasing diversity of housemates (i. e. tourettes sufferer Pete), the increasingly shocking events taking place and the vindictive and merciless competitiveness of the programme. Big Brother is the perfect example of cultivation theory, that is, through repeated exposure to former taboo subjects and issues the audience has become desensitised and almost view such issues as normal or acceptable. This is one reason why Big Brother has become one of the phenomenons of the 21st century; because our society has become so much more diverse and accepting Big Brother is allowed to flourish where as if it had been shown during the 1950s for example, it would have been met with disgust and uproar. Even today Big Brother often stirs up controversy but in an era in which controversy is almost the norm, it is just something to read about in newspapers, and perhaps argue about with friends. Another important consideration is Big Brothers target audience which is extremely diverse; its primary audience is 18 to 35 year olds, of both genders. This is reflected by the housemates who fit into this category themselves, which is important in order for the audience to be able to relate to the them. I would consider the target lifestyle to be mainly aspirers. This is because Big Brother is essentially a shortcut to fame, with only a very select few making it onto the programme. Therefore the people watching Big Brother aspire to the housemates an the supposed fame that awaits them. I also believe that Big Brother appeals to explorers due to the fact that it is such a revolutionary show. I t offers something that no other genre offers, which satisfies explorers want for new experiences. As for the Uses and Gratifications theory, Big Brother offers its audience a form of escapism, social identify, and a reflection of social relationships. The audience find an escape from their own problems and worries through the exaggerated and dramatised ones of the Big Brother housemates. It is also an extremely unlikely situation, giving its audience a temporary escape from reality. Due to the fact that Big Brother is based on social interaction of the housemates it is a reflection of social relationships. Much of the public can relate to the relationships between characters, e. g. the romance between Grace and Mikey. These relationships often reflect the audiences own social relationships making it interesting and often informative viewing. The diversity of the Big Brother house ensures that it is extremely likely that there is at least one character in the house that the audience can relate and feel a connection to. This social identity is an important factor, as everyone wants to feel that they can relate to another person or group; the need for acceptance is a key part of human nature. Big Brother recognise this need and addresses it with its uniquely diverse household. The ideology promoted by Big Brother is a shallow one, with the importance of fame, popularity, and winning being either embedded or promoted by the housemates. It implies that society is based on competition, and that personal relationships can be used as a tool to get what you want. These ideologies have prompted much criticism from the media. However, the institution behind Big Brother, Endamol, will continue with its controversial winning formula so long as it keeps audience figures up. This is because Endamol is a major commercial institution meaning that its main priority is profit. It is behind many other successful TV productions such as Desperate Housewives and Lost. The popularity of Big Brother has resulted in it branching off into a mini-subculture with supporting programmes such as Big Brothers Big Mouth, Big Brothers Little Brother and Diary Room Uncut. It has even got its very own column or page in most tabloid newspapers dedicated the happenings inside the Big Brother house. This reflects the amazing popularity and influence Big Brother holds in todays society, the key to its success? It is a reflection of society and we as a race are constantly trying to analyse and explain our own behaviour, Big Brother is essentially a glass cage in which we can curiously peer.

How to Start a Business in USA Essay Example | Topics and Well Written Essays - 1250 words

How to Start a Business in USA - Essay Example In order to successfully implement a concept of retail pharmacy business, this paper strives to identify some basic steps which are required before any such activity could be started in USA. This paper will demonstrate how to start a business in Chicago, Illinois and also acts as a basic guideline for an individual who has yet to go through an actual implementation process. This paper is based on the research carried out to reveal the steps which are necessary to be taken when starting a retail pharmacy business in Chicago. Importance of intellectual property: The importance of intellectual property (IP) should be recognized thoroughly by a start-up business owner. IP is actually a legal concept and is sadly, poorly misunderstood by many people who wish to start their own businesses and think that this concept can only be appropriately applied by those people who are legal experts. Every enterprise, company or business organization should pay attention to IP. IP can help the owners a t every stage of business development â€Å"from product development to product design, from service delivery to marketing, and from raising financial resources to exporting or expanding your business abroad† (World Intellectual Property Organization, n.d.). in order to maximize the benefits, business owners should know how to use the IP system. It is worth mentioning that in case IP being used belongs to others, then rights have to be acquired to use it by obtaining a license so that forthcoming disputes and litigation could be avoided by the novice individuals intent on establishing personal businesses. IP is also important to a business because it helps in copyright protection and get fair economic awards on grounds of a business’s individual creativity and product sales. Government requirements: Retail pharmacy is recognized as one of the mainstream profitable businesses in entire USA. But, area requirements should be deeply understood and assessed before implement ing and operating any business concept, According to Woodfield (2012), State of Illinois Business Portal suggests that before starting up a business in Chicago, certain city, state, and federal requirements have to be fulfilled by an individual. Though he owner of a business has to get him/herself registered with the city, still â€Å"there are also state and federal hoops to jump through before you can open your doors† (Woodfield, 2012). However, the retail pharmacy business concept is exempted from obtaining Chicago city license. For that purpose, license from the Illinois Department of Financial and Professional Regulation is to be obtained by the owner (Cequea, 2012). First, a strategic and clear business plan has to explicitly written down to be shown in different registration offices later on. As Chicago distinguishes itself by being the third most populous city in USA, so the business plan should also contain a map for showing the official authorities as to how one wis hes to make one’s desired business concept stand out among the rest. Chicago area-attorney and accountant, among other official authority members, have to be consulted first by an individual who is novice to the Chicago business scene. Afterwards, Federal Employer Identification Number (FEIN) should be applied for in order to get the business registered with the state of Illinois. Then one must get registered with federal government for tax purposes. The government regulations

The world's oceans, Should Ocean Protected Areas Exist Essay

The world's oceans, Should Ocean Protected Areas Exist - Essay Example Should Ocean Protected Areas Exist (increase the area/rate)? Overexploitations of marine resources and overfishing have necessitated the need for ocean protected areas. Today marine protected areas have been proved to be essential for restoring fisheries, promoting marine biodiversity and increasing marine productivity in the oceans. Even though marine resources play a pivotal role in the economic development of the nation scientific studies reveal that â€Å"many of our marine resources are overexploited and face external environmental threats† (Sanchirico, Cochran & Emerson 1). Such overexploitation or overfishing adversely affect fragile ocean habitats, damage ocean ecosystems, cause disturbances in food chains and result in the loss of unique marine life communities. Marine resources are so much important for the humans as â€Å"97 % of all the water on the Earth is in the oceans† (Yang) and because â€Å"71% of Earth’s surface† (Woods Hole Oceanographic) is covered by oceans. Stabilizing climate temperatures, e xchanging of climate gases, and increasing biodiversity are parts of benefits that the ocean yields us. Similarly, ocean produces half of the oxygen that the humans breathe and offers a great environmental condition that keeps organisms alive and growing. As Langreth has rightly pointed out ocean offers shelter to an estimated â€Å"five million species, most of which have not yet been classified† (Langreth). However, man’s indiscriminate actions such as dumping waste materials, oils, overfishing, and noise pollutions pose great threat to the marine life in oceans. Therefore, it is imperative that man protects and conserves marine life through such radical measures as the marine protected areas. ... Certain species such as bluefin tuna have already been destroyed or disappeared from the ocean. While overfishing has led to the disappearance of tens of thousands of bluefin tuna across the seas of Northern Europe in the 1930s and 1940s it has contributed to the vanishing of Halibut from the North Atlantic during the 19th century (Overfished and under-protected: Oceans on the brink of catastrophic collapse). Similarly, trawling towards is one of the methods for fishing and it is really harmful to the ocean. Bottom-trawling which involves dropping a large net, â€Å"around 60 meters-wide into the sea and dragging it along with heavy weights from a trawler cause ‘worst and unnecessary damage’ to many species of fishes† (Overfished and under-protected: Oceans on the brink of catastrophic collapse). Marine pollution is another major harm done by the humans to the ocean. Mostly, man’s indiscriminate dumping of such harmful materials into the sea as pesticides, herbicides, chemical fertilizers, detergents, oil, sewage, plastics, and other solids result in massive marine pollution. These have caused around 400 dead zones around the world and these harmful materials â€Å"rob the water of oxygen, leaving areas where little or no marine life can exist† (Marine Pollution). In addition, noise pollution such as sound waves from the cargo ships also kills a lot of organism in the ocean. It has been identified that the presence of loud or persistent sounds from ships, sonar devices, oil rigs, and even from natural sources like earthquakes can â€Å"disrupt the migration, communication, hunting, and reproduction patterns of many marine animals, particularly aquatic mammals like whales and dolphins† (Marine Pollution). Marine protection is possible only through competent and

US Army Essay Example | Topics and Well Written Essays - 1250 words

US Army - Essay Example A) Supporting evidence – The leader’s self confidence and effectiveness positively impacts team performance (Stephen, 2011). B) Explanation – This statement was completely true in the team that I belong too. The leader was instrumental in inspiring the team to achieve a higher level of performance. C) So what? – I firmly believe that if our team leader was not so inspiring and effective the team would not perform so well. Body Paragraph II: Topic sentence - Communication is an extremely important aspect of group work. A) Supporting evidence - â€Å"Communication traits are an individual's verbal and nonverbal behaviors that explain the individual's consistency in message sending and receiving† (Anderson & Martin, 1999). B) Explanation – The article described different ways in which verbal and non verbal communication affects small teams. C) So what? The team that I was a part of created its own nonverbal communication language. Body Paragraph III: Topic sentence - Task and maintenance roles played a big part in the functionality of the team. Tasks roles help get the job done, while maintenance roles provide the oil for the machinery (Srds). ... Verbal and nonverbal communications are important to send and receive messages effectively during conversations. Task and maintenance roles are a way that groups are able to achieve their desire outcome The group that I will describe is a special task force group which I belong too at a former employer. The group was composed of five members. The size of the group was adequate. The purpose of the group was to brainstorm ideas for new products. The group was extremely effective. The first attribute that made the group so successful was the presence of a tremendous team leader. The team leader had superb communication, leadership, and people skills. She made everyone feel that their opinions and input were valuable. All the team members got along well and they supported each others ideas. One of the primary reasons that the group was so effective was due to the fact that the group was able to achieve synergy. Synergy occurs when the whole is greater than the sum of the parts. Three cha racteristics that made the team effective were leadership, effective verbal and nonverbal communication, and clearly defined tasks and maintenance roles. The team leader was very flexible and from time to time she let the other members take charge of the group to help them develop their leadership skills. This enabled other team members to develop their leadership skills. Everyone on the team was very responsible, attentive to details, and they delivered their work tasks on a timely manner. Absenteeism among team members to meetings was minimal and rarely would a team member arrive late. Team meetings were held during and after work hours. The meetings after work hours were informal and its purpose was to socialize more than to do actual work. The team

Explanation Of The Internal Point Of View

Explanation Of The Internal Point Of View Jurisprudential debate concerning the nature of law is often thought of as a long-running battle between two schools of thought the rival camps of natural law and legal positivism. The natural law tradition has always emphasised laws grounded ness in justice and the common good, while legal positivism had tended to emphasise laws basis in authority. Legal positivism emerged from the work of Jeremy Bentham and his disciple John Austin. The latter famously claimed that the idea of sanctions is the key to the science of jurisprudence.  [1]  Therefore he held that legal rules are to be threats backed by sanctions and statements of legal obligations, so as the threatened sanctions to be carried out. Another great legal positivist, Hans Kelsen, tried to explain legal rules and obligations in terms of norm, to be directives to courts requiring them to apply sanctions. In addition Alf Ross separating the difference between Austin and Kelsen, understood of legal rules as norms addressed to courts guiding the use of sanctions and statements of legal validity as predictions that these norms will be followed. However, one of the two greatest twentieth-century (the other one is Hans Kelsen) exponents of the legal positivism was, without question, Hart. In his principal book The Concept of Law  [2]  , Hart describes the central thesis of legal positivism as the simple contention that it is in no sense a necessary truth that laws reproduce or satisfy certain demands of morality, though in fact they have often done so.  [3]  Therefore the central claim of legal positivism is that law is separate and distinct from morality. Also, Hart showed that sanction-centred accounts ignored an essential feature of law. This feature was termed the internal point of view. Harts internal point of view claims that the law is seen not just sanction-threatening, directing, or predicting, but imposing obligations. Therefore, what, precisely, is the internal point of view? And hence, what role does it play in Harts theory? In short, the internal point of view is the practical attitude of rule acceptance. It does not suggest that people accept their moral legitimacy, but only that they are willing to guide, and evaluate their conduct according to the rules. As for its importance to Hart theory, it plays four roles: (1) it specifies a particular type of motivation that someone may take towards to the law; (2) it constitutes one of the main existence conditions for social and legal rules; (3) it accounts for the intelligibility of legal practice and discourse; (4) it provides a naturalistically acceptable semantics for legal statements.  [4]  This concept perhaps is Harts greatest contribution to jurisprudential theory but it is often easily misunderstood. To begin with, Hart dictates that the element of authority involved in law has always been one of the obstacles in the path of an easy explanation of what law is.  [5]  He argues that the command theorists  [6]  explain force as the main component of law and have looked only on one side of the coin the external element of law. It compels people to act only out of fear. This may be the bad mans view of the law and Hart argues that it does not present a balanced picture. A positivist theory of law must offer an account of the nature of law-making authority. At the same time, positivists claim that the validity of a law does not entail an obligation to obey it. This means that the theory is quite independent of any theory about the basis of a moral obligation to obey the law. Bentham and Austin approached these problems by treating statements about sovereignty, rights and obligations as straight forward statements of observable social facts. Therefore in focusing only on the com mands and actions of a sovereign in imposing sanctions, the command theorists have ignored the internal aspect which characterises all law. This is element is the internal point of view which make people feel a sense of obligation to obey the law. In fact, as Hart explains there is a distinction between the two aspects of law, to be obliged thus to act in a certain way because of some threat or by force, such as when an armed man orders a person to hand over money, and to be under an obligation thus to feel in yourself a sense of duty to act in a certain way without some external factors such as threat or sanctions. Therefore, for Hart the command theories try to explain the law only in terms of the first notion, therefor they are inadequate, because the law has both an external and an internal fashion to induce compliance. According to Stephen Perry, for example, the general idea of the internal point of view is that an adequate jurisprudential account must at some point take into consideration how the practice looks to at least some of the practices participants, from the inside.  [7]  Similarly, Gerry Postema writes: The law, like other similar social practices, is constituted not only by intricate patterns of behavioural interactions, but also by the beliefs, activities, judgments and understandings of participants. The practice has an inside, the internal point of view of participants.  [8]   In regard to the above, Harts doctrine demands that legal theories to become across with the shared experiences of legal natives. Jurisprudence must take the insiders point of view, and have a conflict with those theories that ignore the attitudes and beliefs of the people that are under the law. Therefore the internal point of view came to question sanction-centred theories of law, such as those suggested by Hans Kelsen and Oliver Holmes. Hart claimed that these theories are lacking insight because they ignore or conceal the range of attitudes that people have in the direction of the law. The problem in Kelsens theory, is that the law directs officials to punish those who dont comply with the rules instead of providing guidance for those who want to live according and under their obligations. Also the difficulties with bad man theories such as Holmes is that they assume that people are driven to follow the law merely in order to avoid sanctions, rather than because that rules requir e so. In addition, Holmes who is an insider himself, his curiosity about the law is explained only by his aversion to sanctions. He benefits one type of insiders point of view over another. So as Hart says, theorists by focusing only on the perspective of the bad man, sanction-centred theories define, only the other point of view, particularly, the internal point of view out of existence. Thus for Hart the the internal point of view is actually the practical attitude of rule-acceptance. It happens when people accept or endorse a convergent pattern of behaviour as a standard of conduct towards a social rule. Therefore when the phrase the internal point of view has one meaning, it refers to a specific practical attitude. Moreover practical point of view has two attitudes that an insider can follow towards the rules: acceptance and non-acceptance. According to Hart, if someone accepts the rules have taken the internal point of view. In reverse, if someone does not accept the rules, either because they accept the bad man point of view, or because they are just observing, they dont take a practical attitude at all, it is just the external point of view. However, what does he mean to accept a social rule? Hart claims that to accept a social rule is to regard a pattern of behaviour as a general standard to be followed by the group as a whole.  [9]  It is to treat existence of the rule as a reason and justification for action, as the basis for claims, admissions, demands, punishment or criticisms, as establishing the legitimacy of these demands and criticisms.  [10]  Hart clears out that the moral legitimacy of the law does not needed in order to accept its authority. Hence the standard of conduct meant by Hart is certainly not the moral legitimacy of law. Therefore as he said is that when one takes the internal point of view towards a rule, acts according to the commands of the rule.  [11]  But since this can be comfort by the bad mans theories Hart added, The second way in which the internal point of view is expressed is through critical evaluation.  [12]  So as people who accept the rules criticize others even themse lves for not conforming to the rules. In the end, the internal point of view is often expressed by words such as must, ought, wrong, and right. As Scott J. Shapiro in his Journal said if someone accepts the rule that men must bear their heads upon entering a church, this practical attitude might be expressed by statements of the form: You ought to take off your hat in Church or It was wrong of me not to take off my hat last Sunday.  [13]  These statements are internal statements as described by Hart.  [14]  Therefore, Hart compares these practical statements with theoretical statements that others accept a particular rule. For example, someone might say, Episcopalians accept a rule requiring men to take off their hats in Church.  [15]  For Hart, these are the external statements since they express the external point of view.  [16]   To sum up, as Scott J. Shapiro said in his Journal Harts internal point of view must be understood as a commitment to act in all of the above ways. That is, one takes the internal point of view towards a rule when one intends to conform to the rule, criticizes others for failing to conform, does not to criticize others for criticizing and expresses ones criticism using evaluative language.  [17]  Basically, Hart concept of the internal aspect distinguishes between social rules and social habits. A crucial difference from a social habit and a social rule is that habit lack criticism from others in a group when the convergent behaviour is deviated from. However, as it is seen, the internal aspect and therefore rules is an important ingredient for Hart conception of law. At first impression Hart conception of law, is a symbiotic relationship between primary and secondary rules, and more importantly the internal point of view seems valid. A primary rule imposes duties and prescribes how one must act by way of recognizing a general standard mode of behaviour. The secondary rules consist of the three important characteristics, which can be characterized as sub rules, which give the concept of rules as law and obligations, but more importantly, law as a system of rules. First is the rule of recognition, which helps to determine whether a rule is indeed a rule, this is determined by the influx of criticism for deviation of the rule and the existence of social pressures to conform. The second, denoted as the rule of change, which allows for the creation of new primary rules or the change and modifications of old rules for the group to live by, these rules are also subject to procedural standards. The final characteristic is the rule of adjudication that de termines whether or not a primary rule has been violated and prescribes the procedure the courts must follow to apply sanctions. There is also a strong connection with the rule of adjudication and the rule of recognition because, if the courts are empowered to make authoritative determinations of the fact that a rule has been broken, these cannot avoid being taken as authoritative determination of what the rules are.  [18]   Indeed the mosaic of the internal aspect, the primary and secondary rule as law is very attractive for Hart because he is able to explain where Austin has failed. Primary rules are laws, because they are general and span over the territory in which the sovereign has authority, and secondary rules are a means to enforce and amend the laws. The power conferred to the individual is not a duty, but merely powered conferred to identify rules and the breach of obligation, this is justified by inextricably linking the rules of recognition and the rule of adjudication. The existence of secondary rules, giving amendment ability and the creation of new rules, has an exacted resemblance of a legal system. However Hart analysis is open to scrutiny. One element that can be objected to is his assumption on why individuals obey law. For Hart, people obey rules hence law, because of the internal aspect. Individuals obey, not habitually or because of some sense of reason, but because other are doing so. The internal aspect also makes an assumption that a society where the internal aspect is at large is one that is duly homogenous. The individuals in this society all think in a similar fashion, they share the same morals, ethics and perspective and because of this they know rather instinctually know. Hart idea of the internal aspect is an explanation of why people obey and follow laws, but the implications of this theory is that the individuals under sovereign rule are completely oblivious and unthinking to law and the creation of laws is largely reactionary, where there are no presupposed principles of the social group in question. Hart points out that that there is no necessary conceptual connection between law and morality. He supports that there can be legal rights or duties that have no moral justification or force. On the other hand Dworkin which occupies a theoretical position somewhere between natural law and legal positivism maintains that there must be moral grounds fo r the assertions of the existence of legal rights and duties. That is, legal rights are a species of moral rights. Hart points out that his theory enables the identification of the law based on a relatively straight forward application of a rule of recognition. Dworkins theory on the other hand, requires a complex moral calculation and interpretation to identify even the simplest rule as a rule of law. The notion that the internal aspect is the main and only reason for peoples compliance and obedient nature to law is insulting to the populations intelligence and the diversity of peoples, morals, ethics and thought. To conclude by the combination of primary and secondary rules Hart believes that he has found a significant weapon for the analysis of much that puzzled both the jurist and the political theorists, namely, the heart of a legal system. He believes that this approach is greater than his predecessors to explain the nature of law. He rejects the sanction-centred theories because they are based only on the motivation that people will obey only through fear. Also Hart allows us to see legal phenomena, not in terms of isolated precepts with not meaningful link to social reality but as a unified system upon the concept of rule of recognition.

College Admissions Essay: An Meaningful Activity :: College Admissions Essays

  Ã‚  Ã‚  Ã‚   When the horsehair is one millimeter over the A string is when I wonder if my cue has been strong enough. It is too late, however, to turn back. I have started the quartet, and with the ictus of my violin's scroll, the sound is released. The first seconds of connection between horsehair and metal string are the most important. I concentrate on controlling my right index finger as every inconsistency in the fluidity of my hand magnifies itself in my ears. Under my chin the wood begins the vibration that lets me know I am connected to the sound. Only I can hear the secret nervous bounce of my bow as I speed up my right forearm and the impurities in my contact with the string that are masked by the distance between my first violin chair and the first row of audience. The imperfection is what I love. Only one note has passed, but as I relax my shoulder for the reversal of my bow, I strive to make the next one more beautiful. There is a never-ending series of notes. At the conclusion of this phrase, the downbeat brings the capital letter of a new sentence. At the end of this movement, there is another.