Bill of Rights and Amendments Paper Essay Example for Free

Bill of Rights and Amendments Paper Essay The United States Constitution was ratified and made law September 17, 1789. For Americas yet-to-be history the Framers knew the Constitution had to have a way to grow and change with the people, and their needs. This paper will cover the amendment process, the need for the Bill of Rights, how the Bill of Rights has affected America, what the Bill of Rights have granted American’s, discuss the later amendments, and what effect the later amendments have had. Amendments In order for America to continue to grow and change with the needs of the people, the Constitution was created with an amendment process in Article V. Article V gives two ways in which the Constitution can be amended; first is by a two-thirds vote from both the House or Representatives and the Senate, it must be ratified by 38 of the50 states. To date this is the only method that has been used. Second method is to hold a Convention called for the sole purpose of amending and two-thirds of the state legislatures must attend. Then it must be ratified by three-fourths of the state legislatures. The Constitution The Framers of the Constitution were specifically concerned with creating a charter for a working government, of the people, for the people, but the Constitution covered very few rights for the American citizen. During the secret convention of 1787,there was some opposition to the Constitution because it was viewed as not  having enough protections for Americas’ rights. â€Å"A bill of rights is what the people are entitled to against every government on earth† Jefferson, T (1787). Including an agreement to add immediately the Bill of Rights, gave way for the Constitution to be ratified. James Madison argued that a declaration of rights for the American people would help the judiciary branch protect individual rights. â€Å"They have given the right of man and fair discussion, and explained them in so clear and forcible manner as cannot fail to make a lasting impression† Washington, G. (1791). The Bill of Rights The Bill of Rights has affected countless court cases on individual rights. Communities and states can become involved to push moral or financial standards on others, and the Bill of Rights stops neighbors, states, and the federal government from infringing on the rights of an individual. The Bill of Rights protects the civil liberties that Americans are granted with citizenship, but it also gives America something to strive to be. The Bill of Rights is an ideal, a powerful statement of what America is trying to be. Amendments beyond the Bill of Rights The Bill of Rights accounts for amendments one through ten. Each of the additional 17 amendments has come about because of clarification needed for the original mechanics of the first three articles or to ensure civil rights. Amendments 11,16, and 24 are for clarifications of Article III. Amendments 12, 17, 20, 22, 25, 26, and 27are for further clarification of Articles I and II. Amendment 23 is further clarification of Article I. Only six amendments are to provide or clarify civil rights, those are13, 14, 15, 18, 19, and 21. Amendment 18 is the only one ever repealed. As we take a deeper look at amendments 13,14, and 15 they were also known as the Reconstruction Amendments. After the Civil War in early 1865 amendment 13 to abolish slavery, was found to be lacking in clarification of what happened to the freed slaves, and the 14th amendment was proposed in 1866, to allow all slaves citizenship. After this the rights for freed Black men came into question, the 15th amendment was created, that race would not bar anyone from the right to vote. Effects of the Constitutional Amendments The amendments beyond the Bill of Rights have each come when needed for the political and changing human rights that America has faced in the past 224 years. Rights have been granted; laws passed and recalled when they were no longer applicable for the climate of what Americans wanted for themselves. Clarifications for the running of the United States government, what should happen in case of emergencies and representation of all citizens have come from a government for the people, by the people. Conclusion Article V of the United States Constitution provides for America to change. The Framers knew that a simple document that was black and white could not govern a people for all time. Our Constitution is alive; it grows with America, and allows changes to be made allowing it stay relevant

The Introduction To The Kashmir Conflict History Essay

The Introduction To The Kashmir Conflict History Essay Demarcating boundaries to create nations has been an onerous exercise that has always been replete with controversies. Conflicts have been prevailing over it across the globe. This conflict has extended towards sea bodies as countries compete to control oil wells and other resources. The conflicts concerning North Korea and South Korea, the US and Mexico and Japan and China are some of the examples that have drawn international attention. The paper will however focus on issues related to the stalemate over Kashmir between India and Pakistan. Before 1947 India and Pakistan were a part of a Union that was under the control of the British Raj. While leaving, the colonial powers separated the region on the basis of religion giving rise to two nations: India and Pakistan. The transition was mired with incidents that were fraught with bloodshed and consequently the two nations developed an animosity towards each other. Another reason for conflict was over territorial command over Kashmir; an Indian state that lay along the borders of India and Pakistan. In a bid to control the region the two countries have been involved in numerous wars: the war in 1948 and 1965 and the Kargil war of 1999. India opines that Pakistan along with its agencies like the Inter-Services Intelligence or the ISI finances terrorism in the region to create instability while Pakistan claims that they rightfully own Kashmir. The region also has a third group known as separatists who want a separate identity without being a part of either India or Pakistan. The people of Kashmir have been traumatized by the level of insurgency in the region along with the atrocities committed by the Indian army under the Armed Forces (Special Powers) Act (AFSPA). At one time people had an inclination towards a particular nation but the atrocities perpetrated by these nations have held public opinion against these countries. Some have accepted the fact that they are helpless while the reactive ones resort to activities like mass protest and large scale stone slinging in order to claim their basic rights. The literature serves to provide a background to the conflict that includes the three major wars fought between them. It will first cover the reasons that led to the three wars (the 1948-1949 war, the 1965 war and the Kargil war) and the perspectives of both the countries will be discussed in relation to these confrontations. Elaborating on historical and contemporary issues, a comprehensive outlook of India and Pakistan on the Kashmir issue will be discussed and the disparities will be extrapolated. Finally the paper will discuss the possible solutions to the Kashmir conflict. The solutions will be intensive and would encompass issues such as water sharing, providing autonomy to the people of Kashmir, nurturing trade and commerce and demarcating the boundaries of Kashmir based on communal considerations. The Battle for Kashmir a. Immediate post-independence 1948-1949 period As soon as the states of India and Pakistan were formed in 1947, the controversy over Kashmir arose. The two nations have been involved in four wars since the British left the subcontinent and the 1947-1948 was the first among them in which the rightful command over Kashmir was the contentious issue.  [1]  When the two countries were first formed, Kashmir was ruled by a Hindu king by the name of Maharaja Hari Singh. He was neutral to India and Pakistan and chose to remain independent. On October 22, 1947 a large number of armed tribesmen  [2]  , made inroads into Kashmir, plundered the villages and later set fire to these villages. It was at this moment that the king sought the assistance of India and in return decided to make Kashmir a part of the Indian Union. This gave rise to further conflict in the region. In 1947, India and Pakistan went to war over Kashmir. Indian Prime Minister Jawaharlal Nehru appealed to ask the United Nations to intervene and a UN cease-fire was ar ranged for December 31, 1948.  [3]  A ceasefire was established through a Line of Control and Kashmir was acknowledged as a disputed territory (Kashmir is still considered to be a disputed territory against the popular belief in India that the region is a part of it). What needs to be acknowledged is that the war over Kashmir just after Independence had numerous dimensions to it. The Indian contingent claims that the Maharaja of Kashmir was harassed by the constant pillaging of Kashmiri villages by the tribesmen of Pakistan. To protect the interests of the Kashmiri people the Maharaja signed instrument of Accession to India.  [4]  It was further considered that the terrorist forces were under the patronage of Pakistan and was aimed at destabilizing the region. India further claims that it managed to garner the support from the Kashmiris and under plebiscite rule it became a part of the nation. Pakistan on the other hand held an opinion that was totally different. Pakistan never believed in the Accession agreement signed by India and continued to occupy a third portion of Kashmir.  [5]  The varied opinion was the main reason that led to the war and it was only after the interruption of the UN that both sides acknowledged the existence of a ceasefire. India continued to occupy most parts of Kashmir while the international community along with Pakistan refuted such a territorial occupation. Pakistan managed to control a part of the territory and at the same time refuted Indias claim. This was the scenario that prevailed in Kashmir after the war. The endeavors of the UN and the British prevented both the nations from breaking out into a war. Kashmir however was not given the privileges of a democracy by the India Union. India laid down the condition that unless Pakistani troops vacated the remaining portion entirely, democratic rights would be curbed in the region. Through the 1950s  [6]  , there was a tussle between the State Assembly and the power at the Centre in India for a more autonomous government. The Indian government was however very adamant in tackling the situation and maintained a heavy military presence in the region. It was in this period that the people of Kashmir were subjected to strict military surveillance be cause the Indian politicians especially Nehru was of the opinion that if the people were given the liberty, it would promote Pakistan-sponsored terrorism in the region. b. 1965 War The year 1965 saw a desperate attempt by the Pakistani forces to seize Kashmir from the clasp of India. Between 1956 and 1962  [7]  , Pakistan managed to procure a heavy consignment of military equipment and this narrowed down the military prowess of India and Pakistan. Americas assistance to Pakistan could be a retaliatory step considering the fact that India and the Soviet Union had maintained a cordial relationship and this was beyond the comfort level of the US. The procurement emboldened Pakistan and it launched a fresh attack on India. India was however successful in fending off the attack and sought for international intervention in the region in order to settle the dispute. It was for the first time that an international player (other than the UN took part in the Kashmir issue). The Security Council passed Resolution 211 that mandated both the parties to respect the ceasefire and recede back to their respective territories  [8]  . Even countries like the US stopped pr oviding arms and ammunition to both the countries. This was instrumental in bringing both the parties to the talking table with the Soviet Union as the mediator. A treaty was signed by both parties in Tashkent and as per the treaty the armies of both the nations withdrew from the disputed area. The 1965 War clearly demonstrated the significance of the Kashmir issue and brought to light the roles played by China, the US and the Soviet in the geopolitics of South Asia. Unfortunately the cease fire that was promulgated by the foreign powers did not have any bearing in the relationship between the two countries.  [9]  It was only a titular agreement between the two countries that was aimed at preventing any sort of confrontation between the Indian Army and the Pakistani Army. The scenario in Kashmir and the plight of the Kashmiris did not undergo any change after the war. c. 1999 War A recurrent military-hybrid shift occurred in the 1980s through to the 1990s. After establishing a military regime through a coup in 1977, General Zia-ul-Haq came to rely significantly upon Islamist groups for domestic political legitimacy.  [10]  It was in this era that militancy in the region reached new heights. India blamed the Pakistani intelligence agencies for providing financial and logistical support to these militant groups. While a portion of the blame can be attributed to Pakistan, the Indian Army operating in the region had a role to play in the proliferation of these groups. What needs to be acknowledged is the fact there was widespread infiltration from the Pakistani borders into Indian soil. This was a constant feature in the 1990s and the Indian Army resorted to air attacks in a bid to stop infiltration into the country. It was claimed by India that the infiltrators were backed up by the Pakistani soldiers patrolling the borders. As the air raids to curb the infl ux heated up, Pakistan troops retaliated. The domino effect continued and this gave rise to the Kargil War in 1999. Constant shelling and airstrikes was a constant feature of the war. According to a Red Cross Report at least 30,000  [11]  were rendered homeless and they sought refuge in the Pakistani side of the Line of Control. Like the other two battles mentioned before, this too came to an end after an intervention by a third party. Pakistan and India both celebrated their victory in the war but the volatility in the region was never erased. As fallout of the insignificance of the war, the Prime Minister of Pakistan had to pave way for General Musharraf who seemingly focused on economic and social issues. Issue of the disputes The Kashmir conflict presents a very diabolical situation owing to the myriad opinions held by the two stakeholders on either side of the border. Both the sides have been steadfast in holding on to their whims and this has been the most serious issue. While numerous arrangements have been organized to tackle the issue, the unwillingness of both the parties has not allowed these talks to proceed in a positive direction. It is also noticeable that there has been a shift in the viewpoints when it comes to taking possession of Kashmir. A look into the perspectives of both the countries so that our understanding of the problem becomes clearer. a. The Pakistanis Argument Pakistan has always considered itself to be the deprived party when it comes to having a stake in Kashmir. In the earlier stages of the struggle, that is, the period just after 1947, Pakistan was over inclined to make Kashmir a part of it because of the higher percentage of Muslims in the region. So when India occupied the region, it was a feeling of deprivation for Pakistan. In retaliation to it, the Army tried to capture Kashmir but did not succeed. Pakistan has very often resorted to cataclysmic religious violence  [12]  in a bid to destabilize the region and win the sympathy of the Kashmiris. This was not the case in the earlier stage when fundamentalism with respect to religion was not tapped to secure Kashmir. During the early stages of the conflict, the Army was the face of Pakistan and it did not budge in revealing its intentions to claim Kashmir. However the brazen steps taken by the Army drew the wrath of international players and so it resorted to hardliners so that a proxy war could be fought. This can be proven from the fact that the number of infiltrations increasing in the period concerned. One would raise ones eyebrow considering the fact these people managed to cross the border with relative ease and without any sort of hindrance from the Pakistani side. Pakistan has always supported the UN Security Council resolutions that envisaged the Kashmiri people determining in a plebiscite  [13]  as opposed to the command over the region by the Indian Union. The recent statement by the president of Pakistan clearly demonstrates the fact that Pakistan is eager to see a Kashmir which is free from the clout of India. Zardari remarked that Pakistan will continue to support the right of the people of Jammu Kashmir to peacefully choose their destiny in accordance with the UN Security Councils long-standing resolutions on this matter.  [14]  India on the other hand has been able to ward off international pressure in spite of depriving the people of Kashmir a plebiscite rule. This has been the main concern for Pakistan because it would have preferred a neutral player controlling Kashmir instead of India. Occasionally, the Pakistani contingent has vented their war by making inroads into Kashmir through the coercive path. Pakistan has time and again improved its military might with the help of countries like China and Iran and when it felt that it could capture Kashmir, it instigated a war. Pakistan has also maintained s firm base in the Line of Control in the form of terrorist groups. Pakistan is now endeavoring to spread the cult of militancy and terrorism in new areas south of the Pir Panjal range in the Jammu region.  [15]  In this way Pakistan believes that the people of Kashmir would develop a deep sense of animosity towards India and enhance Pakistans propaganda of destabilizing the zone. One can even claim that Pakistan has been effective in this front as there have been numerous incidents involving tensions between Kashmir pundits and the majority Muslim population. The area covered by Azad Kashmir has been the nurturing ground for numerous fundamentalist groups namely Lashkar-e-Taiba and Jaish-e-Mohammad.  [16]  Pakistan believes that it is their right to fight a battle in the name of religion and to claim Kashmir. Though this perspective is not blatantly endorsed, there has been enough proof to validate this claim. Leaders of militant groups such as L akhvi and Hafeez Saeed have found safe havens in Pakistan and all attempts to extradite them have failed. b. Indias Argument India has always claimed to be the rightful rulers of Kashmir. It does not acknowledge the UNs opinion of considering Kashmir as a disputed region. Additionally India has meted out special treatment to the region by curbing most of the democratic rights. While India is a democratic region, Kashmir has a military rule. Only recently has the legitimacy of the plebiscite rule been felt. The three wars fought with Pakistan have made the country wary of Pakistans intention so it feels justified to ramp up the military operations in the region. Unfortunately the Army and the implementation of Armed Forces (Special Powers) Act (AFSPA) have given rise to controversies pertaining to human rights. Other moves included detaining suspected terrorists under Terrorist and Disruptive Activities (Prevention) Act, TADA (a controversial Act passed solely for this purpose), clamping unrest in the form of curfews, house to house searches and indiscriminate interrogation of the natives.  [17]  Throug h stringent rules India intends to keep the radical elements in check but on paper India establishes Kashmir as a democratic state with all the privileges of an autonomous state in the Indian Union. Kashmir is also of prime significance as it is the boiling point for the countries surrounding it. So by gaining extra mileage in any form India wants to exert its presence in the region. India considers such momentum important in order to curb the collusion between Pakistan and China against it. The wars in 1960s and the late 1990s were primarily initiated once Pakistan believed that it has the military prowess to defeat India. This confidence did not generate internally. The support extended by the US and China helped Pakistan improve its arsenal. So by maintain a firm base in Kashmir, India believes that it can negate the attacks perpetrated by Pakistan. Recent events show that the dispute over Kashmir has been taken to a new level after the increase in the number of infiltrators. India has been a victim of many terrorist activities in the past and the trace of the miscreants trailed up to the terrorist organizations in Kashmir and Pakistan. So India believes that unless it ramps up its military activities in Kashmir and the borders surrounding it the influx of such infiltrants would be in the ascendancy. As a result, the late 1980s witnessed a number of measures that was aimed at stopping the inflow. All men above the age of eighteen were issued identity cards and paramilitary patrols were stepped up in the region.  [18]  In spite of these measures and the increased surveillance across the borders, India has been a victim to the infiltrators who were responsible for carrying out blasts across cities and for carrying out the 26/11 Mumbai bloody drama, which involved attacks in as many as 11 places in the city that left 183 people , including 22 foreigners, dead.  [19]   Facets of Dispute Resolution There has been diversity in opinions when commentators narrate the current situation in Kashmir. While most are optimistic in their assessment there are many who still believe (especially separatists occupying Kashmir) that there no hope for Kashmir in the near future. This can be remarked from the increased activism by separatist groups. Even ordinary citizens from either side of the border perceive each other as threats. The era from 1947 to 2000 was unproductive as there were no resolute measures in resolving the stalemate. However according to the first school of thought there is a silver lining that seems to have appeared in this century. In the new century, changing trends in all fields of knowledge and the emphasis of people-to-people contact has become important for promoting mutual understanding between India and Pakistan.  [20]  It is fortunate that both the cultures are similar and this could be a basis for a friendly relationship. Both the countries have nuclear capabilities and this has decreased the possibility of a full scale war. Recently there have been talks that have promoted trade between the two nations. India was never in the most favored list of countries for trade with a very narrow positive list of 786 goods.  [21]  Pakistan has recently considered Indias case and one could soon see a transition in which bilateral trade is conducted between the two countries and this can be a catalyst in the peace talks between the two nations. Kashmir would also be an important region as it could intermediate the high volumes of trade that would ensue once the barriers to trade open up. On the flip side there has been numerous instances in which the talks to promote peace have failed miserably. The failed talks have been a major bottleneck in the way ahead because once such an event occurs there is a period of sustained inactivity in which both the parties refuse to cooperate in the peace dialogues. Most talks seem to revolve around Kashmir, border disputes and water sharing agreement. Unfortunately most issues remain unsolved for a very long time. Pakistans association with China also raises eyebrows in India and this could be a deterrent in the way ahead. India has never accepted China to be a super power in the subcontinent and there have been occasions of territorial dispute between India and China.  [22]  This has been a critical determinant in the interrelationship between India, Pakistan and China. The formation of a separatist group has added to the woes of Pakistan and India by adding another dimension to the Kashmir issue. The separatist groups have also started being vocal in demanding greater control through ideological leanings, political strategies, and goals  [23]  and have therefore started participating in the political agenda of Kashmir. Pakistan have always supposed these groups probably to avenge the 1971 episode in which India supported the creation of Bangladesh which was then a part of Pakistan. The separatists have deep animosity towards the Indian government and they are ruthless in displaying their discontent towards people who favor India. While the challenges that the stakeholders face is mottled, all the parties (India, Pakistan, Separatist and even China) should look to bring peace in the region. There can be numerous ways of coming out of the quagmire but it will require concerted efforts from every party and at the same time each player should be willing to be more open minded in accepting the credibility of the other party. Resolving the Kashmir Dispute The first step would be to demarcate the boundaries of Kashmir in a manner such that all the parties agree to it. It should be noted that the people of Kashmir should have their consensus before any line is drawn. Moreover history has proven that the Line of Control is a very volatile territory and very often the army of one country has a tendency to encroach upon foreign territory. It is therefore advisable that both the countries retract their army to a distance that is of considerable length. Involving a third party in the dispute has rarely paid off but the two countries could have a third party to monitor the activity at the borders. No third party would be willing to provide such support unless the financial assistance is provided by India and Pakistan. This will obviously be a costly affair but it will reconcile the two troops within safe distance from each other. While this is done, the Kashmir people can have their say in deciding their fate. Mere division of territories also presents numerous problems. Kashmir is home to various religious sects and this aspect of it has to be respected while moving along the lines of a division. It is highly improbable for the Hindu dominated region to accept Pakistan while the Buddhist contingent have always opposed the idea of a separate state.  [24]  Therefore when a divide is created based on vote structure, the people who will be the minority may face serious threats from the majority population. They would want to reside in a place where they find safety in numbers and the immigration of minority population may not be a smooth process as witnessed in 1947 after the partition took place. The nuclearization of India and Pakistan is thus an extraordinary moment in the narrative of Partition: both its telos, in that it confirms the national jingoism and the bloodthirsty hatreds that propelled the mass slayings and movements of population in 1947.  [25]  Therefore even if Kashmi r was to be divided based on religious inclinations, both India and Pakistan must provide a safe environment for the minority groups. It is the responsibility of the governments on either side to include people in the administrative processes. Both should give more liberty, not merely by granting elections but also by rolling back restrictions on business, terminating governmental monopolies in trade and commerce, and encouraging international investment bodies such as the World Bank and the Asian Development Bank.  [26]  This is one area where both the countries have failed miserably. Preoccupying the Kashmir people with trade and commerce could have at least reduced dissatisfaction from the indigenous masses. 80% of the people depend on agriculture while the mineral rich state has not been fully exploited for commercial production.  [27]  Kashmir is also a very scenic place and has the scope for exploiting the tourism industry that has the potential to provide job opportunities to a lot many Kashmiris. The other facet of facilitating trade and commerce is that Kashmir will be integrated with their respect ive Unions. It will also provide scope for developing infrastructure like schools, roads and hospitals. With quality education and prosperous job opportunities, hardline groups will not be able to lure the youth into committing radical activities. While sections of the society have been able to lead a life of opulence there are many who have been deprived of basic necessities.  [28]  It was primarily the children of the latter section of the society who had been hoodwinked into pursuing radical activities. Extensive infrastructure coupled with quality education could be a way of appeasing the unrest among youth who rarely have anything to do. While control over Kashmir has been the contentious issue for India and Pakistan, both the countries have failed to resolve issues to sharing of water bodies. Even if the territories were to be demarcated aptly in order to suit the likings of the local masses, Kashmir presents another problem that is very significant. The Kashmir imbroglio has always been looked upon as a territorial dispute and water sharing have been given little thought to water sharing treaties. Both have so far managed to uphold a World Bank-mediated Indus Water Treaty (IWT) that provides mechanisms for resolving disputes over water sharing.  [29]  One cannot rely on the Treaty being a resolute stance taken by both the countries and any form of water scarcity in any country could lead to non-conformant of the agreement. Hostilities over water sharing between India and its more benevolent neighbor Bangladesh has already started and one can only expect the same relationship between India and Pakistan if any sc arcity arises. The Indus Water Treaty (1960)  [30]  that was intermediated by the World Bank has been able to keep both the parties at ease and the issue has not been the mooting point when peace dialogues have taken place. However one should realize the fact that the situation is still volatile. Over the years the issues concerning India and Pakistan have been Kashmir, insurgency, trade etc. Once these issues get resolved it is very likely that the issues related to water sharing may crop up and give rise to hostility between the two nations. As there is a rapid growth in urbanization there is a scarcity of potable water. Waterlogging, salinity, groundwater depletion and irrigation inefficiency continue to threaten agricultural production  [31]  and the Indus Water Treaty should be strong enough to be insulated from these phenomenon. It is also high time that the two countries looked at each other for support rather than going to international agencies. Both the countries h ave developed significantly over the years and they have sufficient resources to assess their situation better. Relying on the World Bank implies distrust towards each other and a sense of incapability to solve critical issues. Finally both the countries should not resort to any means that destabilizes the region. On the Pakistani side there is the Inter-Services Intelligence that is accused of training militants not only in Kashmir but also in regions bounding Afghanistan. People holding responsible positions in Pakistans administration along with many retired personnel have hinted on the relationship between the Inter-Services Intelligence and the militant groups.  [32]  On the Indian side there is the Research and Analysis Wing that is accused of spying into Pakistan and involving in secret activities. Throughout the Soviet/Afghan War the Research and Analysis Wing was responsible for the planning and execution of terrorist activities in Pakistan to deter Pakistan from support of Afghan liberation movement against Indias ally, the Soviet Union.  [33]  Both sides accuse each other for facilitating bombing activities and resorting to means that destabilizes the region. This should be stopped immedi ately if both countries want to look at a brighter future. Sponsoring terrorism can have a retaliatory effect as illustrated by the Al-Qaeda Pakistan relation today. While Pakistan maintained a cordial relationship with the outfit, the 9/11 episode mandated Pakistan to take steps that would destabilize the group. Pakistan still faces a difficult choice; whether to support the group in order to take advantage of state sponsored terrorism or to completely eradicate the presence of these fundamentalist group from Pakistani soil. The Kashmir conflict has become more complicated since its inception and requires a thorough analysis of the issue in order to come to any definite solution. Moreover it is cannot be tackled by a one dimens

Creating Tension With Sound

Creating Tension With Sound In my own work I am exploring the psychological impact caused by a break-down in a relationship. The use of sound to create tension is of great importance to support what is happening on screen in order to reflect upon the viewer the emotions felt by the characters. As someone who is creating a film which relies on sound to enhance atmosphere, the work of David Lynch is an unavoidable resource because sound is just as important as imagery. He uses sound in order to create moods and atmosphere which propel the stories of his films forwards. The works of Lynch have covered many genres such as murder mystery and science fiction, with each film being very different from another. However each film is distinctly recognisable as a David Lynch film in that his films are unique auditory and visual spectacles full of symbolism. Lynch employs an almost perfectionist approach to every aspect of his films. It seems the unique captivating power of his films stems from this attention to detail in both the visuals and sound. This essay is an investigation into an important characteristic of Lynchs films; the use of sound and its relationship with the imagery. I will use examples from Lynchs major film projects focusing on three films in particular in order to investigate this relationship: Eraserhead, Blue Velvet and Inland Empire. Firstly I will explore how sound is used as a narrative force in conjunction with on-screen imagery. MAIN BODY Sound as narrative David Lynchs first foray into mainstream cinema was with his first feature film Eraserhead. It established him as director but also demonstrated his understanding of sound as a means of narrative within film. Sound is 50 per cent of a film, at least. In some scenes its almost 100 per cent.. This statement by Lynch himself underlines the importance of sound in his films, to me, suggesting that the sound is what carries the narrative forward in a continuum. For example, in Eraserhead the viewer is subjected to an almost nonsensical visual narrative, leaving one feeling bemused as to what is actually happening in the film. However, as Michel Chion states Sound has a precise function, propelling us through the film, giving us the sense of being inside it, wrapped within its timespan. He goes on to argue that although there is a lack of visual narrative the sound makes up for it. If we take this into hand it is as if the sounds that we are hearing in the film creates a sort of audio narrative, that can be heard throughout, but never seen, creating a dense atmosphere of tension and loneliness. An example of this can be found in the introduction of Eraserhead (00:00:00 00:05:50), where the viewer is subjected to sounds of machinery working, seemingly industrial rumblings. However we dont actually see any visual representation of any kind of machinery. What we see is something which appears to be out of a sci-fi film with a close up shot of Henry Spencers head (the films protagonist). Behind him is what appears to be a mass of rock hanging in empty space devoid of any stars. As the camera zooms into this rock we are presented by a grotesque figure of a man sitting by a broken window and some levers. This is followed by a shot of Henry again, as what appears to be a deformed sperm exits his mouth and floats in space. The scene then moves back to the man by the levers, and as he pulls one of the levers, seemingly sets the sperm into motion which eventually plummets into a fluid of some kind. It is as if what you are seeing and hearing is the journey of the sperm on its way to fertilise an egg. The visuals accompanied with the sounds convey the feeling that you are inside Henrys mind experiencing his thoughts, Eraserhead has often been thought as a portrayal of a nightmare. The scene eventually ends with the camera coming out of the darkness through a hole in the ground into the world of Henry. The continuous sound acts as a seamless link between the introduction and the next scene (which is essentially the beginning of the film). With the choice of sound one cannot help but feel a sense of distress and isolation, feelings that are synonymous with Henry throughout the film. This introduction seems to be a precursor as to what happens later on in the film, though the viewer is not aware of it. David Lynch also uses silence as a narrative tool by creating an instance for the viewer to think and ponder. He refers to this silence as room tone saying Its the sound that you hear when theres silence, in between words or sentences.. In Eraserhead these instances of silence do not contain natural sounds of any kind, just the constant ambient sound of the industrial droning, creating tension and a sense of isolation. This ambient sound of machinery is heard throughout the film, acting as a constant, bringing the imagery together. Another example of room tone is in Lynchs latest film Inland Empire where one of Laura Derns characters is sitting opposite an unknown man in a small dark room (01:18:00 01:20:45). Derns character begins talking, and pauses every now and then as she speaks to the man. The man in turn does not respond and merely sits listening. The character is talking about a gruesome incident that has occurred, which appears to be completely irrelevant to what has taken place so far in the film. Yet the silence in between the dialogue carries an almost electric buzzing sound which creates tension and discomfort, drawing the viewer further into the scene. Use of music and song Music is the primary instrument of emotional direction in film it tells us what to feel about a character, a place, a situation. Although sound is the primary element in Lynchs audio-scape, he also uses music and song as a means to create mood and to reflect emotional states of his characters. It was the teaming up with the composer Angelo Badalamenti during the filming of Blue Velvet, which caused Lynch to be liberated musically. Badalamentis ghostly musical scores often complimented and enhanced the dream like visual imagery of Lynchs films. Badalamentis score in Blue Velvet is gloomy and daring and often compliments and contrasts the harsh sound effects created by sound designer Alan Splet (a long time collaborator of Lynch) and the on-screen imagery. An example where the musical score heightens the atmosphere of a scene in Blue Velvet is when Isabella Rossellinis character Dorothy Vallens walks over to her closet, in which Jeffrey Beaumont (played by Kyle MacLachlan) is hiding. Dorothy is holding a knife and the music rises in tempo and volume creating an almost stifling tension as she opens the closet and discovers Jeffrey (00:38:00 00:38:19). In a number of Lynchs films elements of the musical film create startling contrasts as characters suddenly burst into singing, or a song is playing over imagery that it does not quite belong to. There is almost a feeling of abstract fantasy about these instances just as there is in musicals, however these songs serve a purpose to transform visual imagery, uphold narrative and to give an added dimension to the characters themselves. The writer Chris Rodley comments on this use of music as something that alters how the on-screen imagery of the the films is viewed, but as a result takes on a new meaning itself causing both to become intertwined0. In the opening scene of Blue Velvet we hear Bobby Vintons song Blue Velvet (from which the film apparently gained its name),a 1960s hit song reminiscing about love which is now lost. Accompanying this song is on-screen imagery of idyllic picket fenced middle America, focussing on a man watering his lawn. At this point nothing seems to be out of the ordinary, however after having trouble with his hosepipe the man suddenly collapses squirming clutching his neck. The scene ends with a close up of the lawn as the camera seemingly goes into the dirt, with the song fading, revealing a scurrying mass of beetles(00:01:40 00:03:45). This stark contrast between what the viewer is seeing and hearing, creates a sense that not all is as it seems in Lumberton, the imaginary town in which the action of the film takes place. Later in Blue Velvet we have an example where the song In Dreams by Roy Orbison is given double meaning when mimed by the antagonist Frank Booth, played by Dennis Hopper. Frank is an extremely foul mouthed and violent character who deals drugs and can be viewed as the essence of evil in the film. What the song does is to give an insight into the subconscious workings of Franks mind, as it shows him in a very different light to how he usually is throughout the film. In Dreams also serves as a narrative to the hopeless situation which Jeffrey has got himself into, being held captive by Frank and his men,as well as getting punched.

Compromise and Marriage in Pride and Prejudice Essay -- Pride Prejudic

Compromise and Marriage in Pride and Prejudice      Ã‚  Ã‚  Ã‚   It is not unusual for an individual to disagree with social customs or expectations. Some people are only happy when they can rebel against society. Most mature adults eventually realize that compromise is necessary to achieve happiness. This is the case in the early nineteenth century England setting of Pride and Prejudice, by Jane Austen. In the novel, Miss Elizabeth Bennet is a lively, independent woman, whose family's financial situation and whose strong mindedness suggest that she may never marry. Mr. Darcy, is a rigid and proper man, who falls in love with Elizabeth, despite their differences. By the end of the novel, Elizabeth and Darcy learn to compromise, and, in doing so, become truly happy. In marrying, they not only fulfill themselves as individuals, but also affirm the principle values of society. The marriage at the end of the novel shows Jane Austen's ideal view of marriage as a social institution.      Ã‚  Ã‚   The novel Pride and Prejudice, by Jane Austen gives us the reader a very good idea of how she views marriage, as well as society. The theme of marriage is set in the very opening sentence of Pride and Prejudice; "It is a truth universally acknowledged, that a single man in possession of a good fortune, must be in want of a wife" (Austen, 1) As Norman Sherry points out, this is Austen's way of implying that 'a single man in possession of a good fortune' is automatically destined to be the object of desire for all unmarried women. The statement opens the subject of the romantic novel; courtship and marriage. The sentence also introduces the issue of what the reasons for marrying are. She implies here that many young women marry for money. The question... ...s, Jane Austen makes them 'all right'." (Sherry, 92) By having Darcy and Elizabeth end the novel engaged in an ideal marriage is a significant detail. Jane Austen, in doing this is suggesting that society would be better if it followed Elizabeth and Darcy's example. By controlling pride and prejudice, and by learning that compromise is sometimes the best way to happiness, society can hope to improve itself. Marriage in the end, is the perfect ending, since it is both an affirmation of the values of society as well as a personal fulfillment, which it is for both Elizabeth and Darcy since they improve themselves by being together.    Works Cited: Austen, Jane. "Pride and Prejudice. New York. Bantam Books, 1813,1981. Butler, Marilyn. Jane Austen and the War of Ideas. Oxford. Claredon Press, 1975 Sherry, Norman. Jane Austen. London. Montegue House, 1966

Prozac Causes More Deaths than Any Other Drug Essay -- Expository Caus

Prozac Causes More Deaths than Any Other Drug    Something is wrong with the focus on the "drug war" when 200,000 people die each year from prescription drugs, yet only 20,000 die from illegal drug use. Adverse reactions of prescription drugs are the third leading cause of death in America. In fact, people have a seven times greater chance of dying walking into their doctor's office than they do getting behind the wheel of their car! Every year approximately 200,000 souls die from prescription drug reactions with another 80,000 dying from medical malpractice (The International). Where is the FDA? Why do they continue to allow doctors to prescribe these drugs? How could they let it get to this point? What once was believed to be a panacia for depression has turned into Pandora's box (Tracy). Depression and suicide go hand in hand. In fact, 10 to 15 percent of depressed patients commit suicide (Lieber). This is the foundation of the defense argued by Eli Lilly, maker of Fluoxetine, commonly known as Prozac, and other companies manufacturing similar drugs. Although there are some 200 court cases alleging a link between suicide and Prozac this year, Eli Lilly continues to be cleared of all liability (Prozac and Suicide). One such case was brought up in Honolulu, Hawaii. In 1993, William Forsyth Sr., who was 63 and had been on Prozac for only two weeks, killed his wife, June, and himself. The plaintiffs argued that the side effects of Prozac, which included "nervousness, anxiety, insomnia, inner restlessness, manic behavior, self-mutilation and suicidal thoughts," were responsible for the murder-suicide. However, the Lilly spokesman said that those effects were "based on no scientific information at all." He also cited that the... ...data during trial." Cnn.com. [online], Available: http://www.cnn.com/2000/LAW06/09/prozaclawsuit.ap/ Lieber, Arnold. "dear psyche doc,." Is there a Link between Prozac and Suicide? [online], Available: http: //thriveonline.oxygen.com/medical/experts/psychdoc/psychdoc.11-17-97.html "Prozac and Suicide." Hells Geriatrics. [online], Available: http://www.hellsgeriatrics.com/prozac.htm Reaves, Jessica. "Johnny s new snack: Milk, Cookies and Prozac." Cnn.com. [online], Available: http://www.cnn.com/2000/US/02/23/kiddrugs2_23.a.tm/ Schwarzer, Kathy. Interview December 15, 2000 "The International Coalition for Drug Awareness." ICFDA. [online], Available: http://www.drugawareness.org/ Tracy, Ann. "A Few First Hand Personal Experiences." Personal Experiences Reported to Ann Tracy, Ph.D. [online], Available:http://members.aol.com/atracyphd/exprncs.htm

Racism in “Heart of Darkness” and “Apocalypse Now” Essay

The book â€Å"Heart of Darkness† and the movie â€Å"Apocalypse Now† are two works dealing with deep issues of evil. (Beyond imperialism, because the evil of imperialism has a root. For example, crack the nut) They refer places boiling down to a discussion of racism. The Thames River as in any mythology is a source of life. At the end, Marlow comes upon Kurtz’s Intended and said, â€Å"An object of the fecund†. Also, these two works deal with how a man is surrounded by evil acts and evil minds to fight of the fire fueled by the society. They also talks about how a character is a racist, when that character clearly condemns his way of life by leaving the Congo, and confirms the ills of society by lying about them. Firstly, I think that the racism claims are overstated, in two ways. A) Conrad’s racism, such as it is, is directed not at black people as a whole but rather as Africans. I think the prejudice must be recognized as activism, or whatever the proper term is, rather than as racism. B) Conrad is critical, not solely of Africans and their way of life, but also of European culture. He’s just as anti-white as he is also anti-black. Additionally, I think that Conrad may be considered a racist if and only if you decide that the definition of racism is thinking your race is better, but I really don’t think that he could be considered a white supremacist or that he really contained a deep hatred for Africans. In fact, I don’t think that he was even that serious on his own race. It is because that overtime he describes the presence of the white imperialist or any white people in general, he describes them in a bitter, dark way. And while he describes the Africans in a sort of blunt way as natural, rustic, raw people. I also think he does it in a much lighter way. I don’t think he criticizes the way they were. I just think he is ignorant of the political correctness found in today’s society. Moreover, I don’t consider the answer is simple enough to just say one is good and the other is bad. We have to keep in mind when this book was written. In that time period the other didn’t really have much perception at all on what the African people were like. He only could go by the common knowledge of the day that wasn’t very pleasant. I don’t think that we can expect an author in that time to be a non-racist. Ever since I read that article, I have thought of the book as being pretty disturbing. I don’t know if I would have considered this book quite so frustrating. If I had not read that article, since the racism is the only part of the book that I have been able to focus on. I still think it is very well written and interesting, but it is more difficult to enjoy it, knowing that the author was so racist. Then again, I suppose one cannot expect much more coming from a story written at a time when whites didn’t know hardly anything about other races, and cultures. Ultimately, I believe that there is a definitely a strong element of racism in both Heart Of Darkness and Apocalypse Now. However, I believe that the article on ‘Achebe’ overreacts. Granted Conrad displays no respect for the African Culture, this is historical fact and granted that it is not good. It is a part of history in which it cannot be ignored, so it will never happen again stating that black people should be grateful of the white because they were the ones who got them out of slavery in the first place.

Research & Writing Memo

Student ID # 105228 5/30/2009 We can probably show that Brett arrested Jane. Arrest is an element of false imprisonment. Arrest means confinement against one’s will. An arrest can be affected through physical constraint as well as through personal coercion (its equivalent). When a store employee detains something of value that a reasonable patron would not leave without, the patron has been coerced and thus arrested. In this case, because Brett took Jane’s dog (something no reasonable person would leave behind), Jane was likely arrested. The elements of false imprisonment are intent to confine, arrest, and consciousness of confinement.In Moore v. City of Detroit, 252 Mich. App. 384, 652 N. W. 2d 688 (2002), the court held that an action for false imprisonment can be maintained without alleging a false arrest involving government law enforcement. The court reasoned that the employee was not actually confined or restrained for any significant period of time which is requi red in satisfying a false imprisonment claim. The court stated that even if the employee had been locked in some enclosure, the confinements were momentary and fleeting or too brief and therefore insufficient to satisfy false imprisonment.An arrest must be against the will of the person confined; a patron who voluntarily follows a store employee back into the store is not arrested. In Bruce v. Meijers Supermarkets INC. , 34 Mich. App. 352, 191 N. W. 2d 132 (1971), a customer was shopping at Meijer’s in Lansing Michigan. Customer places two pairs of panties in her cart and continues shopping. Customer then places both pairs of panties on a counter other than where she found them. Customer checked out with the cashier. Customer leaves the store. Unidentified man approaches the customer.Unidentified man asks customer where she put the unpaid for panties which the man had seen in her cart while in the store. Customer assumed that the unidentified man was an employee of the store. Unidentified man repeatedly asked customer to return to the store. Customer was feeling ill. Customer wanted to leave. Customer said her children would be coming home for lunch. Customer voluntarily opened her purse and her clothing to prove that she did not take the panties. Customer estimates that she had been questioned for approximately five minutes. Customer voluntarily follows the man back inside the store.Customer quickly finds the panties lying on the counter adjacent to the lingerie display. Customer leaves store without further ado. The court held that no arrest was made and false imprisonment cannot have occurred without an arrest. The court reasoned that nothing was being done to indicate that she was being taken into custody, or that she was being held for delivery to a peace officer to answer a criminal charge. Given what the unidentified man observed (customer placing the panties in her cart), entitled the unidentified man; acting as an agent of the owner, the right to question the customer.The customers’ voluntariness in following the man back into the store illustrates that her actions were carried out willingly & knowingly and shows no signs of manual seizure or coercion. Therefore the customer was not arrested. Like the customer in Bruce, Jane voluntarily followed the store clerk back into the store. However in our case, Jane had been purposely and knowingly coerced into her decision whereas the actions by the customer in Bruce were done willingly. For an arrest, there must be a manual seizure or its equivalent in some sort of personal coercion.Coercion means acting against the will of the customer. If there is no coercion, there is no arrest. The store clerk seized Jane’s dog (something of value), leaving Jane no choice but to follow. Unlike the case in Bruce, Jane’s actions were against her will and were therefore coerced. When a store employee detains something of value to a patron and the item detained is something a reasonable person would not leave without, the patron has been detained. In Clarke v. K Mart Corporation, 197 Mich. App. 541, 495 N. W. d 820 (1992), a customer and her two small children were shopping at K Mart in Grand Rapids, Michigan. Customer purchased a set of bed sheets among other things. The cashier accidentally rang up the sheets twice. Cashier set sheets aside and voided the second transaction. Cashier placed sheets into customers’ bag. The cashier supervisor observed only the sheets being placed in the customers’ bag. Cashier supervisor did not notice the sheets being rung up. Cashier supervisor along with another co-supervisor approached customer.Customer claims the co-supervisor snatched the bag out of her hand. Co-supervisor alleges he took the bag out of the customers shopping cart. The supervisors confiscate $250 worth of purchased goods and notify the customer that they will be performing a routine package check. Customer was detained for ten or fif teen minutes. Supervisors gave $10 to customer for her inconvenience. The court held that by confiscating the $250 worth of purchased goods; the customer had been coerced into staying inside the store for 10 or 15 minutes and was therefore detained.The court reasoned that if a store owner, without any privilege, purposely prevents a customer from leaving by means of taking something of value from the customer and that customer reasonably remains in the store solely for the valuables, than that customer has been confined and therefore detained. Similar to our case at hand, both Jane as well as the customer in Clarke had been confined through the detainment of personal valuables. In Clarke, the detainment of expensive bed sheets ($250) proved to be enough coercion to satisfy a confinement.In our case however, it was Jane’s dog that had been detained. Now, although it may be impossible to value the dog at any specific dollar amount, any patron willing to purchase a dog will most likely view the purchase as an investment rather than a burden. On the other hand, the defense will argue that owning a dog may be more of a liability than asset because maintaining a dog is expensive and by detaining the dog, Jane would be better off financially. The defense may have a valid argument, yet a dog is not an inanimate object; it is a pet.Accordingly, if a customer won’t leave without their bed sheets as in Clarke, than certainly a customer will not leave without there pet. Any reasonable patron understands that a dog is a living creature and has feelings just as humans do. Any reasonable dog owner can understand the impact a pet can have on a person’s life and thus love their pet as if it were their own child. Obviously, it would be unconscionable to think that a reasonable person would leave their dog behind; they would act as Jane did.Jane’s decision to go back into the store was clearly against her will and was therefore coerced. An arrest can be affected either through physical constraint or personal coercion that is the equivalent of physical constraint. In Tumbarella v. Kroger Co. , 85 Mich. App. 482, 271 N. W. 2d 284 (1978), two police officers approached a customer who was also an employee for the store. The security officers asked customer where the money was. Customer indicated that she did not know what they were talking about. Officers then made menacing gestures toward the customer.Customer felt as if she was taken in custody. The officers’ threatened the customer with prosecution and jail. Customer felt restricted in her freedom both expressly and impliedly. The court held that the customer may seek nominal damages even if the officers had probable cause to believe the customer stole money from the store. The court reasoned that even if a shopkeeper suspects a person of taking without permission, the customers shoplifting does not give the shopkeeper the absolute privilege to detain the suspected shoplif ter.