My Mistress Eyes Essays - Literature, Rhyme, Sonnet, Poetry

My Mistress' Eyes Essays - Literature, Rhyme, Sonnet, Poetry My Mistress' Eyes JR BRUNER Lit 100 January 16, 1999 My Mistress' Eyes In this work, Shakespeare is by all accounts condemning of this current lady's physical flaws. I attempted to move toward the sonnet from a humorous view to have the option to understand it and be alright with it. She is by all accounts of African or Middle Eastern drop by his announcement of the shade of her eyes and wiry hair. The principal line utilizes the most noteworthy piece of an individual's body, the eyes. He guarantees that her eyes don't measure up to the sun, they are dull and cold. She is of brown complexion by his reference to her being dun, dim or having earthy colored pigmentation. The second refrain I had an issue with, an individual can take it various ways. One impression I got was she may have had an issue with her eating routine and simply had awful breath. The other was she may have been a despicable tramp. Shakespeare guarantees that different scents, perhaps meaning other ladies he saw as much more pleasant. While his special lady cusses like a mariner. Shakespeare utilizes as a model a goddess, whom an individual would acknowledge as having impeccable physical characteristics. His escort is by all accounts an enormous lady who appears to have issues strolling.

Veterinary Shadow Day Essays - Animal Welfare, Dog Breeds, Beagle

Veterinary Shadow Day When I originally showed up ?Lisa? The young lady that I shadowed disclosed to me that there was a crisis with one of the creatures. It wound up that a one-year-old beagle ate a whole thing of metabolite, and afterward gradually began to kick the bucket. The liver had closed down, and the pulse was up to 300. Lisa disclosed to me that taking a thing of metabolite resembled taking 50 cups of espresso on the double. The proprietors of the beagle were there and bowling. The beagle's name was Murry. Murry's body gradually was closing down one thing after another. The proprietors settled on the choice the pooch would have been taken care of. We prepared the canine to be taken out. They fixed all the strings from the canine so they could take it to another room. I bid farewell to the pooch, and afterward they brought it into the other room with the goal that the proprietors could be there when they put him to bed. After that happened they at that point needed to put a rest a little hedgeho g that had malignant growth on its mouth. We at that point did two standard exams with one feline and with one canine. Those when incredible. After that we had a canine come in and it wound up having a love that may wind up slaughtering it. I never heard the final product. The exact opposite thing that I did there was that a dark lab had been chomped by another canine, and that pooch tore an opening in the neck of the dark lab. The specialists needed to perform medical procedure on the canine to shut everything down gaps in the neck. They originally needed to clear it out with qutips. What's more, blood expressed to come out right then I was somewhat unsteady and I thought I was going to swoon. Yet, thank god I didn't. I saw a feline get dental work on it. What's more, a feline get a shower and they needed to blow dry it and brush the hair while it was a rest. I believed that the work place condition was spotless and proficient. On my photos on the banner it gives you that they even had a spot for mutts to go in and a different spot for felines to go in they additionally have distinctive lounge areas for every one of them. I might handily work in a spot that will be that perfect, thus sorted out. I took in different things there from synthetic compounds the amount they need the amount they use math and science, to there association aptitudes, and there abillity to have the option to speak with the creatures and have the option to not cry ever time they need to take care of them. The things that they do scarcely identify with what I'm doing in school at the present time, since I'm not excessively keen yet. Be that as it may, in science we are finding out about various synthetic concoctions together and how they make a response. Likewise I'm figuring out how to keep everything overall quite sorted out, so I know where everything that I need is. I watched numerous practices that they demonstrated that would be significant in a ton of employments. One of those are there relational abilities. To have the option to work with a wide range of individuals under the kind of stress that they can be in is hard. That aplies to a great deal of employments in light of the fact that a variety of occupations make you work under a ton of worry with various individuals simultaneously. There are endless aptitudes that you take on with you to school or even work. Generosity, cleanness, association, and above all relationship building abilities with out that you not have the option to deal with being in an occupation with others. Being a veterinarian is something that I have in every case even since I was a young lady have needed to be. I have consistently adored creatures expesialy hounds. I love to deal with them to prepare them, and above all else to cause them to feel better. This is actually what a veterinarian does each day. Nothing was downright terrible about the activity shadow. It was an incredible encounter and I had a great deal of fun. Be that as it may, one thing is

Case Study Dove Evolution of a Brand

Q1: What was Dove’s showcase situating during the 1950s? What is its situating in 2007? Bird, harking back to the 1950’s had one item that was the â€Å"beauty bar†, it was situated upon its capacity as a prevalent item that doesn’t dry out the skin the manner in which cleanser did. It was advertised through a blend of promoting specialized apparatuses like the TV, print media and bulletins. The promoting message was â€Å"Dove cleanser doesn’t dry your skin since its one-quarter purging cream†. These advertisements were delineated with photos that indicated cream being filled a tablet.In expansion; the promotions were shot with characteristic looking ladies instead of models to pass on the advantages of the item. Pigeon in 2007 had a blend of individual consideration items notwithstanding the cleanser, for example, antiperspirants, hair care items, facial cleaners, body salves and hair styling items. It was situated as tasteful requirement f or purchasers; it didn’t center around the utilitarian advantages yet on the need to feel great by speaking to a perspective about the idea of beauty.It conveyed this message through battles, for example, Real Beauty and Self-Esteem that scrutinized the genuine significance of excellence, and the elevated expectation that media set to the idea of magnificence. Bird utilized in its crusades larger than average models and old ladies so as to pass on the message† Dove moved from communicate media to computerized media, for example, YouTube recordings and composed online journals. A short film called development was the verification of accomplishment as it was seen 3 million times during a quarter of a year (it is seen 15 388 230 times today! . The wide presentation of the computerized dubious battles gave dove free media on TV, online journals, informal communities. Programs like Today show and Good Morning America discussed these battles and Oprah Winfrey show was roused by the confidence crusade and devoted a scene to examine the confidence idea with focus consideration on the bird battle. Q2: How did Unilever sort out to do item classification the executives and brand the board in Unilever before 2000? What was the comparing structure after 2000?How was brand importance controlled before 2000 and how is it controlled at the hour of the case? Prior to 2000, Unilever did not have a bound together brand character and brand chiefs were permitted to set the heading in each geographic locale. There was no control of the brand over the areas where Unilever items were advertised. For instance, Unilever delivered frozen yogurt under the wall’s brand in the UK and most pieces of Asia, The Algida Brand in Italy, Langnese in Germany, Kibon in Brazil, Ola in the Netherlands, and Ben and Jerry’s and Breyers in the United States.Unilever sorted out their advertising utilizing a brand the executives framework, offering various brands inside item cla ssifications. Each brand worked freely with its own image director who had the duties of a senior supervisor. In February 2000, Unilever started a five-year vital arrangement called â€Å"Path to Growth† so as to bring together the company’s brand portfolio and to make a brought together worldwide character. Unilever diminished the quantity of brands from 1,600 to 400 and changed its image the board strategy.Under the new Masterbrands technique, worldwide brand classes were built up for each Masterbrand, which were answerable for making a worldwide vision and rousing participation from every geographic market. Under this key activity, the duty regarding a brand was part between two gatherings: Brand Development that is answerable for promoting, procedure, advancement, and long haul piece of the pie; It is worldwide in scope. What's more, Brand Building that is decentralized by locale; responsible for development, benefit, income, and momentary market share.Before 2000, as per the customary media that has been utilized and the fixed message of bird as, the brand significance was tight and fixated on a particular idea that pigeon is a remarkable cleanser that is ? purging cream or saturating cream. In the hour of the contextual investigation, and after the introduction of the innovative battles, the brand significance is open as a result of the one of a kind message it conveyed which was a point a view, this incited conversations and discussions about the genuine magnificence of ladies. Q3: Spend a brief period looking through websites to get a feeling of what individuals are/were stating about Dove.What does this conversation add to the significance of the brand? I looked through numerous web journals discussing dove, specifically the confidence and Real excellence battles. I saw that a ton of bloggers depended on statics that were distributed by dove about confidence and excellence and demonstrate a passionate connect to the crusade, for instance a blogger named Jennifer Beer composed after tending to some of dove’s realities about confidence: â€Å"When I read these insights, it made me cry. As a mother of a little girl I'd would rather not see er become some portion of these measurements, so I will make a point to disclose to her consistently how excellent she is† furthermore, the online journals represented an incredible commitment of the crowd in the battle, a blogger named Blythe Newsome said in the start of a blog that was depicting her involvement in dove confidence crusade: â€Å"When I found out about the Dove Self-Esteem Movement I realized I needed to get involved†. Another blog I found on wordpress. com, applauded Dove for utilizing normal ladies as models in its ad to change women’s mentalities about magnificence just as how they saw themselves.I found a wry interesting online journal at Bros bomb sites thinking about in what manner will dove’s â€Å"real excellence campaignà ¢â‚¬  looks like on the off chance that it was for men, with this image joined to the blog! I think about the web journals that I looked into mirrors the gigantic accomplishment of the battles, the measure of introduction that they got over the free advanced media is incredible climate it’s a positive criticism or an entertaining picture! Such presentation would help any organization increasing a piece of the pie and holding the message of the brand in view of its debate and open end horizons.Those conversations and audits contribute ground-breaking importance to the brand in a positive manner. Q4: Footnote 1 of the case drives you to a blogger who solicits, concerning the time of YouTube promoting, â€Å"Is showcasing now modest, quick and crazy? † Footnote 2 alludes to Dove as having begun a discussion â€Å"that they don’t have control of. † In â€Å"When Tush comes to Dove†, Seth Stevenson expounds on the â€Å"risky wager that Dove is making . † Do you see dangers for the Dove brand? Seth Stevenson’s article, When Tush Comes to Dove recommends that Dove is taking an excessive amount of risk.The brand’s nontraditional advertising may lead purchasers, or potential clients, to accept that Dove items are for ugly, over-weight ladies, or the individuals who don’t believe themselves to be excellent. I don’t figure this may occur, in light of the fact that the message doesn’t send a counter message that wonderful ladies aren’t excellent! The message raises the issue of magnificence for explicit portion of ladies. Furthermore; such battle would add to the estimation of the brand in light of the commitment in the attention to the individuals as a component of its social duty obligations.Furthermore, dove is the pioneer in the market to dispatch such crusade, and it may make another pattern for contenders to follow. I accept dove removed the principal mover advantage from these batt les. Let’s accept that it this negative impact that Stevenson’s discussed would happen, as indicated by Exhibit 4 a sum of 18% of respondents believe that they are excellent, provocative, appealing, beautiful and staggering. On the off chance that they consider the got message as negative and quit utilizing dove items; it wouldn’t be an extraordinary misfortune contrasting with the 82% that will get a positive message.

Advantage And Disadvantage Of City Life - Free Essay Example

Big city is where you can see many vehicles, many skyscrapers, many peple with a hurry pace of life. That place can fascinate us very much due to its light and luxury. Nowadays, more and more pople want to live there because they see many advantages. Indeed, in a big city, people can have the best chances to work as well as can enjoy the best service and entertaiment. In a big city, people can take the chaces to study and work best. There are many good University for u to choose in a big city. There you can express your ability to study what you like. Moreover, when you graduate, you also find it easier to find chances to get a good job with good salary, that is quite difficult in small cities or countrysides; because there concentrates many big companies and groups. Hence, many graduate students choose big cities to live and work. In short, it is where you can take advantages f yourself. In addition, in a big city you can enjoy the best service and entertainment. Because there are many rich people here, they can invest much money to get the best for them. Lives in a big city are quite luxurius but you dont have to be worried when you are sick or suffer a disease because there you can find good doctors for you, as long as you have muich money. Whats more, in a big city you can enjoy new entertainment such as new games or luxury games. Many people can argue that living in a big city makes them tired with noise and dash. They like the slow pace of life in a countryside. But I think that you can live there for a long ime because the young always like to enjoy new things and want to have much money, which is very difficult to do in a countryside. However, when you get older, especially when you retire, a countryside wll the best choice to live. In summary, living in a big city has many advantages. However, you have to try your best to overcome all difficulties such as hard competition in workplace or polluted environment.

Essay on Nursing Shortage; Recruitment and Retention

The U.S. nursing shortage had been a serious issue for quite sometime now and continues to escalate. As the nursing workforce continues to age, nurses leave the profession faster than they can be replaced and the crisis continues to grow. Nurses are leaving for different reasons. What is being done to solve the nursing shortage here in the United States? Nursing recruitment and retention is one of many solutions that can alleviate this problem. Nurses are privileged to belong to a profession that commands a level of credibility and respect that few others in health care or any other field can claim. According to the Gallup Organizations 2005 annual poll on professional honesty and ethical standards ranked nurses number one. With one†¦show more content†¦This legislation has a great impact for me as a nurse. The place where I work provides educational incentives that include tuition reimbursement for nurses who wanted to continue their education. They have education opportuni ties given to nursing assistants who wants to go back to school to get their license as a registered nurse or licensed vocational nurse, an ADN nursing graduate who wants to advance their education and go for the BSN, and BSN graduates who want to go for their Masters degree and many more. They also provide training programs for nurses such as lengthy orientation programs and preceptorships for new nursing graduates and new hires that require more intense orientation. There are legal responsibilities that we have as professional nurses. Because of the nursing shortage, one of the major issues of concern is staffing. Inappropriate staffing can threaten patients safety. Inadequate staffing can also affect the nurses health,Show MoreRelatedCritical Appraisal Of The Literature Essay1339 Words   |  6 PagesMethods The databases of EBSCOhost, Google Scholar, and Cumulative Index to Nursing and Allied Health Literature with full text were used to identify evidence-based research concerning the issue of nurse faculty shortage and strategies for dealing with the problem. Identifying keywords selected for the search were nurse faculty shortage, nurse faculty, nurse faculty shortage solutions, and global nurse faculty shortage. Published articles chosen for review fell between 2010 and 2015. Sixty articlesRead MoreRecruitment And Retention Of Nurses1404 Words   |  6 PagesRecruitment and Retention in Nursing As the forthcoming nursing shortage threatens the United States, organizations must be knowledgeable in the recruitment and retention of nurses. The challenge facing health care organizations will be to retain sufficient numbers of nurses to provide safe, efficient, quality of care to patients. Also, organizations will look to recruit and attract quality nurses to fill vacancies left open by staff who left the profession due to burning out. Turnover in NursingRead MoreEssay on Literature Review: Nurse Retention 1377 Words   |  6 PagesWith the ongoing changes in the healthcare field, nursing workforce retention presents itself as one of the greatest challenges facing healthcare systems today. According to the American Nursing Association, nursing turnover is a multi-faceted issue which impacts the financial stability of the facility, the quality of patient care and has a direct affect on the other members of the nursing staff (ANA, 2014). The cost to replace a nurse in a heal thcare facility ranges between $62,100 to $67,100 (ANARead MoreNursing Shortage For Many Years860 Words   |  4 PagesThe Nursing Profession has been experiencing shortages for many years. The pattern seems to be repetitive, high demand for nurses followed by phases of downsizing with a surplus of nurses. The earlier years of the nursing shortage was short compared to today’s current nursing shortage. The nursing shortage exist globally and in all nursing areas. There are several factors that are the cause of the nursing shortage of today as well in years past. The nursing shortage began in the 1940’s duringRead MoreSample Resume : Nurse Retention Strategies883 Words   |  4 Pages Leadership Paper Nurse Retention Strategies in a Changing World Suzanne O’Leary East Tennessee State University NRSE: 4060 Transition to Professional Practice November 2, 2015 Identification The never ending nurse shortage looms constantly as a reminder in the healthcare setting that with the increase of human population, superior medical technology, major changes to the nation’s medical healthcare, that this nursing shortage is predicted to worsen. The past four years have seen a steadyRead MoreThe Factors Affecting The Work Environment On Health Worker Shortages And Improving Access And Quality Of Health Services1347 Words   |  6 Pagespush factors for retention (Burns, Bradley and Weiner, 2012, pg.445). The factors that contribute to forcing workers to leave the public sector include: workload and staff shortages are contributing to burnout, high absenteeism, stress, depression, low morale, and de-motivation (Burns, Bradley and Weiner, 2012, pg.445). It is also shown that poor working conditions also contributes to preventing staff morale and motivation and it also contributes directly to recruitment and retention (Burns, BradleyRead MoreThe Seeds Of Nursing Should Be Planted Within The Heads, Hearts And Minds Of Youth Essay1340 Words   |  6 PagesAction Steps The seeds of nursing must be planted in the heads, hearts and minds of youth. Seeing one’s self as a nurse, or a reflection of who you are in a nurse role, is important as children develop ideas about what they want to be when they grow up. To impact the rural nursing shortage long term, more young people must consider a career in nursing, especially those from rural settings. In order to influence those decisions, children must see themselves as nurses, which means men, women, NativeRead MoreReasons For Nurse Shortage Essay1429 Words   |  6 PagesNursing Shortage It is likely that most people have heard about the nursing shortage for years now, and perhaps they believe it’s been fixed. However, the nursing profession is experiencing a reoccurring deficiency. According to Brian Hansen, (2002), there was a nation wide shortage in 2001 of 126,000 full-time registered nurses, but the shortage will surge to 808,000 by 2020 if something isnt done. This pattern is a persisting cycle of high vacancies followed by layoffs and a high over supply ofRead MoreA Study on Recruitment and Job Analysis for Nurses1120 Words   |  4 PagesRecruitment and Job Analysis for Nurses: The recruitment of nurses has become a common characteristic in the modern health care industry since hospice homes, hospitals, medical clinics, and other healthcare facilities are usually looking for nurses with diverse skills. The need for qualified and competent nurses with a broad range of skills is also fueled by the fact that other institutions like schools, prisons, and even the military needs these professionals. However, the ability of these facilitiesRead MoreNursing Practice and Its Challenges642 Words   |  3 PagesIntroduction Over the recent years, nursing has faced several challenges and emerging issues that affect the health welfare of the society at large. Despite efforts being set to tackle the challenges, still the nursing industry proofs, to be difficult to changes laid. Example of challenges facing nursing includes; nurses etiquette while in work, commitment to their work, commitment to their profession as nurses, meeting patients expectations, shortage of nurses and commitment to patients.

Oral Commentary on The Odyssey Essay - 802 Words

This passage is told as a flashback, as Odysseus sits in the palace of the Phaeacians telling the story of his wanderings. Odysseus reluctantly tells his story after King Alcinou notices his weeping during a minstrel, which was about the fall of Troy. So in answer to the King, Odysseus reveals his identity, background and adventures: from Troy, the winds sweep him and his men to Ismarus, city of the Cicones. The men plunder the land and, carried away by greed, refuses to leave until the Cicones turn on them and attack. Odysseus and his crew finally escape, having lost six men per ship. The point of view changes from third person to first person as Odysseus narrates Books 9–12. These books thus give background not only to Odysseus’s†¦show more content†¦Homer also uses cacophony to describe this losing fight: ...my doomed companions and me. They fought a pitched battle by the swift ships and exchanged volleys of bronzed spears (9.53-54). By combining plosive consonants (doomed, pitched battle, etc.), fricatives (fought, volleys) and sibilants (swift ships, spears), Homer successfully expresses the Cicones as stronger, better and well-trained fighters. Another example of cacophony is when the Achaeans continue to battle with the pitiless sea : Our ships pitched and plunged in the wind, and the force of the gusts tore their sails to shreds and tatters (9.71-72). The heavy concentration of plosive consonants and sibilants, effectively reflect the never-ending struggles of the journey home. Furthermore, repetition of the consonant p, as in pitched and plunged, creates an unpleasant sound which again emphasizes on the violent waters and winds. The progression of the battle is shown in the different positions of the sun. A rising sun symbolizes life and hope, as the early morning was the only time Odysseus and his men held their grounds in the battle. However, as the sun begins to drop, the slightest hope is gone, and the Cicones gains the upper hand and end their revenge. Another symbol found in this passage is the white sail being hauled up after Odysseus has rested for 2 days (9. 77). Not only does the colour white represent peace after the battle has ended. But it also symbolizes a start of a new adventureShow MoreRelatedThe Penelopiad Analysis958 Words   |  4 Pagesnovel ‘The Odyssey’ . In an interview, Atwood explained her beliefs on the gender roles surround The Odyssey thus incorporating this as well as other materials into ‘The Penelopiad’ by stating: â€Å"There is an argument that has been made quite thoroughly that The Iliad and The Odyssey were written by two different people, and that the person who wrote The Odyssey was a woman.’ Atwood then carries on to explain her argument stating how several people have made the argument of how ‘The Odyssey’ was writtenRead MoreIn What Ways Is the Telemachy Important to the Odyssey as a Whole1553 Words   |  7 PagesIn what ways is the Telemachy important to the Odyssey as a whole? What would the poem lose if these first four books were removed? Homer’s the Odyssey is the epic tale of Odysseus’ return home from the battle of Troy, yet we do not truly get to the hero in action until after we are drawn through the story of his son life in the absence of his father in Ithaka. In the first four books, we see how Telemachos, Odysseus’ son, matures and through his eyes Homer shows us the unrest and troubles ofRead More The Portrayal of Women in Homers Odyssey Essay1817 Words   |  8 PagesDoes Homer exhibit gender bias in the Odyssey?   Is the nature of woman as depicted in the Odyssey in any way revealing? Upon examining the text of the Odyssey for differential treatment on men and women, it becomes necessary to distinguish between three possible conclusions.   One, differences in treatment reflect the underlying Homeric thesis that   women are different but equal in nature,   Two, different treatment   of men and women in the text reflect a thesis that women are different and unequalRead MoreHi storical And Textual Data Of The Mesopotamian Religion1973 Words   |  8 Pagesfuture. In the Greek religion in the middle of the ninth century B.C.E. two of the earliest and greatest works of Greek literature were composed which are the Iliad and Odyssey. These two magnificent epic poems are about the gods and heroes of Greece which are attributed to a blind poet by the name of Homer. The Iliad and Odyssey are our major sources of information about the public or state religion of the Homeric age. From what is said in them, all the important acts were determined by the godsRead More Buy Essay Online: Odysseus’ Struggle Against the Sea in Homers Odyssey3505 Words   |  15 PagesOdysseus’ Struggle Against the Sea in Homers Odyssey  Ã‚  Ã‚  Ã‚   The Greek’s conception of the universe was anchored in the ever presence of the sea and they imagined the farthest limits of the earth to be a wide expanse of water. While enabling them to be a sea-faring people, the ocean also forced them to face the constant threat of becoming shipwrecked and dying at sea. In face of the threat posed by the sea, the Greeks sought to demonstrate that the forces of nature must be endured by man, andRead MoreThe Complex Layers Within the Little Mermaid1206 Words   |  5 PagesFairy tales convey political, moral, and social lessons through characters, relationships and setting. They originate from an oral tradition passed down from generation to generation often in a varied form, drawing inspiration from diverse sources such as the Bible and mythology. As societies gained access to the printed word, fairy tales became less changeable and tended to focus on characters who were transitioning from childhood to adulthood (Abler). Jacob and Wilhelm Grimm became renowned forRead MoreHistory of the Development of the Short Story.3660 Words   |  15 Pagesartistic form and reasoning. As a result, definitions of the short story based upon length splinter even more when the writing process is taken into consideration.[41] Short stories date back to oral story-telling traditions which originally produced epics such as Homers Iliad and Odyssey. Oral narratives were often told in the form of rhyming or rhythmic verse, often including recurring sections or, in the case of Homer, Homeric epithets. Such stylistic devices often acted as mnemonics forRead MoreEssay on The Odyssey21353 Words   |  86 PagesThe Odyssey Set in ancient Greece, The Odyssey is about the hero Odysseus long-awaited return from the Trojan War to his homeland, Ithaca, after ten years of wandering. The current action of The Odyssey occupies the last six weeks of the ten years, and the narrative includes many places - Olympus, Ithaca, Pylos, Pherae, Sparta, Ogygia, and Scheria. In Books 9-12, Odysseus narrates the story of his travels in the years after the fall of Troy, and this narrative includes other far-flungRead MoreHow to Write a Research Paper11497 Words   |  46 PagesAbove all, however, strive for accuracy, not only in copying words for direct quotation, but also in summarizing and paraphrasing an author s ideas. Careful note taking will help you avoid the problem of plagiarism. #3: The commentary Include one or two sentences of commentary on each note card to explain why you chose the passage. The purpose of providing a note to yourself or a comment is to justify why and how you intend to use the passage in your paper. #4: The outline reference / slug Read MoreArt as an Embodied Imagination22095 Words   |  89 Pagesacoustic sensitivity and virtual body explorations, we drew on the insights of three participants—David, Tom, and Danny—all graduate students in the humanities and social sciences, who saw both the advantages and disadvantages of using recorded commentaries during the museum visit. Audio technologies enable virtual body explorations for viewing art because they disrupt traditional ways of seeing it (Fisher 1997). Furthermore, the perpetually incomplete representation of sound is reinforced by the

Law and Legal Instrumentalism free essay sample

Law, a set of coherent rules and values within a society, is a human process. As such, it is crucial to approach its application within society in a pragmatic and realistic sense rather than a formal one, which views law as a set of mechanical and abstract principles. A legal realist approach on law takes into account extra-legal factors which help shape how law is used within a social context. This approach does not view the discipline of law as a literal set of principles to be formally detected and applied, but recognizes that the interpretation of law by legal actors is manipulated by situational factors. BrianTamanaha in Law as a Means to an End: Threat to the Rule of Law examines how law, originally understood as an â€Å"instrumental to serve the social good†, is now just a mere instrument to further the goals and agendas of those who have access in its use (Tamanaha, 4). In essence, the notion of a common â€Å"social good† is no longer a qualifiable condition of law. In a complex, multi-faceted society, it is optimistic to presume that there is a true identifiable social good. Thus, lawyers, legislatures, judges and other legal actors are capable of using law to further their personal or collective political, social and economic interests. Tamanaha examines the ways in which legal actors, specifically cause litigants and judges, instrumentally exercise law. Thus, the term instrumentalism, a form of legal realism, is a pragmatic method which stems away from a formal application of law by critically examining cause litigation and judicial activism. Although law may be used as a mechanism to achieve a certain outcome, it is not used lawlessly and without merit as lawyers are advocating for a broad social cause and judges use law based on the merits of the constitution, given the benefit of time and postulated reason of their decision making. Brown, a case regarding segregation within the United States emerged with lawyers stirring up lawsuits by informing African American citizens of their legal rights (Tamanaha 159). The process of instigating litigation was previously prohibited in common law practice; it was not professionally ethical for lawyers to set lawsuits in motion. However, it became increasingly common for lawyers to achieve change in public policy and legislation by fighting for a specific cause within the judicial arena. This ethod was forward-looking in that the courts became a battle field for interest groups seeking remedial change; the decision of the law was not necessarily to compensate for any harm inflicted in the past, but to change the policy in the future. This expansion from the traditional bilateral litigation no longer was to award the affected parties with compensation, but became a method to attain a reformative decree (Tamanaha 161). Eventually, cause litigation was an encouraged means to a dvance societal goals, in the sectors of environment protection, political reform and mental health, to name a few (Tamanaha 160). Although such issues of public policy appear to benefit society as a whole, the intent of the cause lawyers who instigate such legal actions is questionable to Tamanaha. The lawyers in these situations are no longer amoral technicians of law, but individuals who seek their own ideological implementation (Tamanaha 156). The cause which lawyers strive towards becomes the primary concern, whereas the clients themselves are secondary, fulfilling the standing requirement before the court (Tamanaha 156). This can be very detrimental to the clients because they may not be aware of the consequences of their legal actions. For instance, Baehr v. Lewin, 1993 was a successful lawsuit brought forth to legalize same-sex marriage in Hawaii. Although the litigants won, the ultimate consequence was detrimental; following it was a series of amendments nation-wide which prohibited same-sex marriage (Tamanaha 167). The battlefield within the court became not a place to determine legal rights, but a remedial catalyst in public policy. Such political battles focus on adversarial ideologies rather than legal rules and merit. However, the work of cause litigants cannot be narrowly categorized as one that is purely self-serving. More often than not, cause lawyers instigate lawsuits by informing the oppressed and disadvantaged of their rights. By doing so, they use law to encourage political change to the otherwise uninformed public. These causes often grow to become social movements as it â€Å"provides the basis for a sustained series of interactions between power holders and persons successfully claiming to speak on behalf of a constituency lacking formal representation (Austin 2)†. This formal epresentation demands change from the power holders with a strong backing of social support. Often, these groups lack the resources and skills which lawyers can provide, offering their advice to enlighten the marginalized group to â€Å"initiate and nurture political mobilization† (Austin 4). The instrumental use of law by judges is immensely threatening to the judicial system and to a democratic soc iety as a whole. Judges who use law to achieve a certain outcome undermines the rule of law. The legal system requires that judges be objective arbitrators of the law. As independent bodies, it is essential that they remain impartial in their decision making and delegate based on rule, and not personal preferences (Tamanaha 227). This is a crucial aspect of the rule of law, which binds the action of the state to pre-fixed rules, placing judges equal under and before the law, just as all other subjects of society. The rule of law ensures transparency and predictability which prevents the government from ruling coercively. It is an essential component to a democratic state. However, when judges decide a cases, they may be inclined to achieve a particular result. In essence, they are using laws to achieving another end, namely one that strengthens their own ideological beliefs and interests. Whether it is a certain political philosophy or a particular social policy which they seek, arbitrarily decided cases and manipulated law enforcement defeats the characteristics of the judicial branch of the state. Because there is no particular hierarchy of values, judges are able to promote some while extinguishing others. The general terms of legal rules allows judges to focus on the consequences of their decision. Their decisions will naturally be based on their political affiliations or ideological tendencies. Consequently, it is difficult to believe that judges are truly impartial in decision making. The result of judicial activism is that private attitudes become public law (Tamanaha 234). Furthermore, the procedural process of the case takes a backwards approach; the decision is made first, then it is justified by the legal rules which judges find applicable (Tamanaha 236) Nevertheless, there is a certain form of procedure which judges are bound to. Although values are not ranked hierarchically, there are two forms of rights obtained from the constitution: specified rights and secondary rights (Bork 17). The latter is of utmost importance as it addresses the values held by the constitution, such as the right to vote or procedures in criminal processing, all which the courts need to protect (Bork 17). The former alludes to the principled rules which the original framers of the text intended to convey (Bork 17). Because constitutional law does not have a concrete theoretical premise on which adjudicators are required to base their decision making processes on, they are founded on neutral principles. That is, issues are addressed based on general principles postulated on reason to ensure that conflicting values are not lawlessly chosen over one another (Bork 2). Granted, there are adversaries in the legal principles to which judges ascribe. Therefore, it is critical for the judges to recognize that in deciding cases, they are setting legal precedent, and therefore should have a firm belief that the values being applied are done so lawfully. These beliefs are in relation to the legal system as a whole, not their personal preferences (Bork 2). Ultimately, Bork’s concern lies not with the decisions made by judges but what makes their decisions legitimate. The courts essentially work as advocates for the minority who otherwise would have no say on the issue at hand. Helping the powerless realize their rights is a form of advocacy that judges take. It is not about undermining the rule of law, but giving opportunity to access the law (Bork 3). Nevertheless, it is crucial for judges to base their decisions off of neutral principles; just as principles and values cannot be applied lawlessly, they just the same cannot be defined lawlessly (Bork 8). The critical examination of judicial review goes beyond it’s obvious implications and expositions of undermining the rule of rule. It is unfair to presume that judges are completely unreasoned in their decision making. There is a level of predictability as judges are bound to legal precedent and cannot decide cases in an tyrannical manner. Although the courts are not elected officials who are granted the power to delegitimize legislation, they are in many ways better equipped in making such decisions. For instance, the courts are distanced from political or social pressure allows them to make sound decisions in a timely matter. Elected officials tend to act on expediency and pressure when it comes to making value-based decisions (Bickel 25). Essentially, they are inclined towards one side of the issue in order to appeal to the interest of the predominate voters, as opposed to abiding to the fundamental values of law (Bickel 25). Judges on the other hand make decisions far from societal pressures, with more leeway in terms of time. This gives the courts the ability to make more calculated decisions, taking into consideration not only the fundamental values of the state but also the unforeseen implications of a decision. (Bickel 26) In dealing with the pith and substance of a case, decisions are argued to be â€Å"sober second thoughts† (Bickel 26). Ultimately, the use of law within a judicial context by judges and lawyers is not an arbitrarily unfair process. Such legal actors are bound to the values of the laws within society. Such values are premised on the rule of law, the foundational concept of a democratic society. Cause litigants are often involved in social issues and advocate for those who require a formal delegate. These cause lawyers may use law in such a way to achieve a certain outcome, but this outcome results in change in public policy to those who are otherwise be unaware of their legal rights. Moreover, although judges may have their own social desires and political preferences, they cannot easily sway towards them. Their professional duty requires them to be consciously rule-bound and rely on the precedent. Further, the basis of their decision is on neutral principles. Such principles are not vague and abstract, but stem from the precedent of previous judges in common law. Instrumentalism is pragmatic in that it recognizes that law is not a math; there is not a formula which judges rely on. However, social movements and changes through the judiciary ensures that fresh insight is continuously brought about within society, giving room for social change and progress.