Friday, January 31, 2020

Cultures in Conflict Essay Example for Free

Cultures in Conflict Essay The pleadings of the Duncc-za and Cree Indians on a fiduciary claim on January 12th 1987, which is known as â€Å"Aspassin versus the Queen†, basically evolved from Robin Riddington’s (1988) case presentation. In this regard, the article, Cultures in Conflict: the Problem of Discourse, laid down the question as to whether the court should resolve the case or just reproduce it. Basically, this paper will examine and analyze the underlying circumstances in the presented case. Review of Literature The Aspassin v. The Queen lawsuit was a legal claim from the Government of Canada by two Indian Chiefs, Joseph Aspassin and Gerry Attachie, who served as representatives of Blueberry River and Doig River bands of the Duncc-za and Cree Indian tribes. The claim historically referred to the Indian Act, Treaty No. 8 of 1899 (Riddington, 1988). The claimant’s counsel pleaded the Court to merit the fiduciary obligation emanating from the September 22nd 1945 meeting proceedings of authenticated documents from British Columbia to corroborate the evidence that suggested that the Department of Indian Affairs deviated from the proper transferring of title to the legal claimants and instead was awarded by the Veterans Land Administration to the soldier’s settlement program. Based on the decision of Justice Dixon of the Supreme Court of Canada, it was concurred that a breach of fiduciary obligation of the Federal Crown has resulted in the failure the granting of the estate to its legal claimants and real heirs. The claim was incorporated with the legal claimant’s and heirs’ uncompromised land use of the estate wherein the Indians’ primitive economic sourcing are fishing, hunting, and trapping only. In effect, a surrendering requirement for the land use must be enjoined and be recognized by the Court. However, on November 4th 1987, the claim became futile by the Court’s dismissal for the reasons that the Indians were grossly handicapped to be able develop the estate for a progressive and sustainable economic base. Testimonial Findings The September 1945 occupancy of the IR-72, Indians’ land, which called as a place where happiness dwells, was purposely for exploration of mineral resources, wherein the band of Indians area were promised by the government to be compensated with a initially payment of $10 each. The governments has then continuously engaged in oil and gas mining and expanded areas of exploration all throughout Fort St. John by encouraging Indian families to sell their landholdings. Moreover, the trial has extensively addressed the pleadings on the problem of discourse as it may affect to the Court’s interpretation of the issue. In addition, the cross-examination of the witnesses, involving elders of the Duncc-za and Cree Indians, have supported and merited the articulation of their counsel. In effect, the Supreme Court has derived its decision together with its recognition on the breach of fiduciary obligation by the Federal Crown, as likewise addressed to the Canadian Government being the liable government entity in the transition of estate’s the transfer to the questioned beneficiaries. Merits of Articulation The merits of articulation of the claimant’s counsels, Leslie Pinder and Arthur Pape, was supplemented in the case proceeding and substantiated the Supreme Court decision, which was acknowledged as a matter of legal inquiry and argument on the fiduciary obligation of the Federal Crown, so that the Canadian Government would recognize the â€Å"surrender requirement† in the Indian Act in order to prevent further mediation and meddling with the claimant. In other words, the Federal Crown has duly surrendered the claim without compromise of conveyance and meddling over the claimant’s disposition for the use of the estate that has been re-claimed. Further implied on the merits of articulation by the claimant’s counsels was their presumption that a problem of discourse was â€Å"central† to the case. It implied that the discourse, as a matter of understanding, traverses with different recognition, interpretation and way of thinking from cultural perspectives. In this connection, the Supreme Court has interpreted and understood the merits of articulation on the land use with inadequate consideration to the cultural life of the Indians. In other words, the Supreme Court’s decisions was solely meant for the Indians to able live their economic lives in what they called â€Å"the place where happiness dwells†, as referred to the estate being an economic base for fishing, hunting, and trapping. Adverse Claim The Supreme Court decision in dismissing the claim favors the government’s occupancy to landholdings of ancestral domain. It may be noted that the estate, upon deviation of land transfer to the soldiers land program by the Veterans Land Administration, has had oil reserve dated back from 1950’s to 1960’s. In which case, the merits of articulation on surrendering the land without prejudice to claimants has an adverse claim on Supreme Courts decision in dismissing the case that was causal to the reason of Indian’s inability to develop the being claimed estate. Obviously, meriting the â€Å"surrendering requirement† could isolate the chances of pre-disposal to government’s exploration of land resources. Furthermore, a conflict of interest may result from the adverse claim of the Supreme Court. The litany of the claimant’s counsels, Pinder and Pape, on the issue of â€Å"discourse† has long been acknowledged by the Supreme Court as a matter of pleading and interpellation of various witnesses and has exposed the conflict of cultures from the social lives of Indians as they were found to be unable defend themselves in legal disputes being illiterates. In short, this exposition may have further given the Court a leeway to recognize the problem of discourse and therefore discovered the incapability of Indians. The adverse claim of the Court may be interpreted in both legal and moral perceptions in social perspective. On the first ground, acknowledging the plea of breach in fiduciary obligation of the Federal Crown, which was a disadvantage of the Canadian Government, has basically merited the claim. On the succeeding legal argument, the plea may have been in accordance to the jurisprudential aspects of claim on the issue of discourse, but upon recognition, it has resulted in the adverse claim. It may be perceived that the Court studied well the merits of articulation—from the day the trial ended on March 27th 1987 until the Court rendered decision on November 4th 1987— which is about 8 months. To give contrast to the adverse claim, as previously presumed above, the moral obligation of the Court may have contested the issue of discourse for the reason that the Indians may be imposed with challenges on their capability to promulgate stewardship of the land, in which the witnesses have found the ability to recall or remember events then may determine how far the ability to acquire skills of making the land more productive is possible. With this pretext, the merits of articulation may have gone far from treatise on issue of discourse. Conclusion The case of ancestral domain reclamation is a continuing issue in most countries where governments insatiably and constantly expand economic occupancy, political jurisdiction, exploration of land resources and nationalizing the overall geopolitical system. These ancestral domains are descendants of communities that have outlived the inhabitants of present societies. The tribal communities and indigenous culture pose the problem of discourse specifically brought about by conflicts of cultural heritage. Throughout the overall discussion on this paper, the problem of discourse is presented in a complex environment of representation as it evolved in a court proceeding. The testimony of characters, as depictive of their roles, has long argued the issue of discourse, and yet the bottom line was the long struggle of the native Indians to have their place of happiness in a land taken away from them in 1945. Being native and indigenous people who have been drenched by the Whiteman’s conquest, the native Indians likewise seek their cultural identity in a land they only borrowed from their children. Because it is the children that will continuously dwell in their place of happiness. What the trial resolve is the merit of articulation on the issue of discourse. It was conclusive that the adverse claim of the Supreme Court has been founded upon the exposition of the articulation, with so much evidence that the Indians were incapable of tilling and giving welfare for their land. The stewardship of the land may oppose the preservation of ecology—in which the Indians’ source of living depended on fishing, hunting and trapping. Thus, it may be perceived from the Court’s decision was its moral authority that may however lie beneath the advantage of the Whiteman. Upon resolving the issue of discourse, the merit of articulation was judged by the historical struggle of the Indians in pursuit of the place where their happiness dwells. References Riddington, R. (1988). Cultures in Conflict: The Problem of Discourse. Page 273-289, International Summer Institute for Structural and Semiotic Studies (ISISSS), University of British Columbia.

Thursday, January 23, 2020

Governance in the CNMI Essay -- Unicameral, Bicameral, legislature, Uni

Is the Commonwealth of the Northern Mariana Islands (CNMI) better yet with a Unicameral Legislature or with the current Bicameral Legislature? According to Wikipedia, the Northern Mariana Islands Commonwealth Legislature is defined as the territorial legislature of the United States of America (Wikipedia). The legislative branch of the Marianas is bicameral. It consist of twenty members in the lower House of Representatives, and an upper house Senate with nine members. The Representatives serve two-year terms, and the Senators serve four-year terms, both without term limits. Both houses of the legislature convene and conduct their meetings on the Island of Saipan, the capital island of the Northern Mariana Islands. The House seats are elected in seven districts. Two districts have one seat each, one for Tinian & Aguiguan, and one for Rota. The remaining five districts elect multiple members, two with three members and two with six members which are all located in Saipan. According to the Mariana Islands Constitution, the requirements for House of Representative are a minimum age of 21, must be a residence of the Commonwealth for at least three consecutive years, and a registered voter in the district you represented. Reapportionment occurs every ten years following the census. Together with the Senate, the Constitution permits the Legislature to enact a higher residence requirement (CNMI Government laws). The Senate seats are divided into three districts containing three seats each from Saipan, Tinian, and Rota. The Senate seats are divided into two classes that are similar to the classes of the United States Senate. One class consisting of a single Senator from each district, and the second class consisting of two Senators from... ... Mariana Islands, 1998- 2013. Web. Retrieved from http://www.nationsonline.org/oneworld/northern_mariana_islands.htm Commonwealth of the Northern Mariana Islands Country Brief. Home page. Bilateral, Sept. 2013. Web. Retrieved from http://www.dfat.gov.au/geo/cnmi/ Farrell, Don. â€Å"Tinian: A Brief History.† Tinian. (Original work published 2012) Northern Marianas Commonwealth. Home page. Legislature, 2006. Web. Retrieved from http://www.cnmiago.gov.mp/government.html Covenant of the Commonwealth of the Northern Mariana Islands. Home page. Web. Retrieved from http://en.wikipedia.org/wiki/Northern_Mariana_Islands Covenant. Law revision commission, 2013. Home Page. Web. Retrieved from http://cnmilaw.org/cnmicovenant.html Farrell, Don. Personal Interview. 26 Nov. 2013 Cruz, Peter. Personal Interview. 29 Nov. 2013

Tuesday, January 14, 2020

Academic Writing on Riders to the Sea Essay

Edmund John Millington Synge (1871-1909), an Irish playwright, wrote ‘Riders to the Sea’, one of his first two one-act plays (the other one is ‘The Shadow of the Glen’). ‘Riders to the Sea’ (1904) is Synge’s dramatic response to the experience of his frequent sojourns in the Aran Islands. ‘Riders to the Sea’ dramatizes the archetypal struggle of man against the hostile natural forces and rends man’s inevitable defeat in the conflict against predestination which brings out a tragic effect at the end of the play. This one-act play is a tragedy that portrays a compressed and synthesized picture of hopeless struggle of an Aran woman and her helplessness against the fate. Ernest A. Boyd (American critic and author) in ‘The Contemporary Drama of Ireland’ states that ‘Riders to the Sea’, sums up the essence of the â€Å"constant struggle of the Aran islanders against their relentless enemy, the sea. † The protagonist in J. M. Synge’s one-act play Riders to the Sea, Maurya, is an old Aran fisher-woman, whose name echoes the Greek word moria, meaning fate. See more: Is the Importance of being earnest a satirical play essay Riders to the Sea does not fit the mold of classic Greek tragedy, as Aristotle defined it, for its central character is a peasant, not a person of high estate and she does not bring about her own downfall. Maurya is thus distinctly different from the classical protagonists such as Oedipus, Agamemnon or Antigone, all of whom are highborn. While classical and Renaissance tragic protagonists undergo suffering owing to their ‘hubris’ or ‘hamartia’, Maurya appears to be a passive and helpless victim in the hands of the destructive sea. In Maurya’s case, no profound question seems to be raised about the complicated relationship between human will and predestination. Yet, she resembles the great traditional protagonists in her heroic power of endurance and the spiritual transcendence over her suffering. In J. M. Synge’s play, Riders to the Sea, the audience is confronted with a story of an Aran mother of eight children living on an island off the western coast of Ireland. When the play opens, we find out that she has lost her husband and five of her six sons to the sea, which is necessary for livelihood as means of transport to the mainland and also for participation in the fishing industry. Her two daughters, Cathleen and Nora, are also present. The lone son, Bartley, needs to take the horses to fair across the bay, and Maurya begs him not to leave. But Bartley insists that he will cross the mainland in spite of winds and high seas. Mad and aggravated at Bartley for not listening to her pleas, Maurya allows him to go, however, without her blessing. Cathleen and Nora persuade their mother to chase Bartley with the food they forgot to give him and to give him her blessing regardless of her fears. Maurya returns horrified with a vision she has seen of Michael riding on the horse behind Bartley. When the girls show her Michael’s clothes her only response is that the good white boards she had bought for his coffin would serve for Bartley instead. Even as she speaks, the neighboring women troop in, their voices raised in the â€Å"keen,† that monotonous Irish chant of grief. Men follow bringing the body of Bartley. The play crawls to the end through Maurya’s fatalistic submission. They’re all gone now and there isn’t anything more the sea can do to me. † She can sleep now with no worry but that of starvation. In the everlasting battle between the life-giver and the destroyer, between the mother and the destructive sea, Maurya, at last, ironically, is triumphant. Having lost all her sons, she has been liberated from the everlasting cycle of suffering and grief. At this point, she seems to withdraw her sympathy from the community of mankind when her disillusionment compels her to state – â€Å"I won’t care what way the sea is when the other women will be keening. The final phase of Maurya’s suffering reveals a transition from misery to a profound tragic transcendence. Like the Sophoclean protagonists, she achieves knowledge and enlightenment out of misery and heroically accepts her tragic mess. Tragic wisdom illuminates her mind into the understanding that death is an essential episode in the universal cycle of life. Instead of accusing God, she reconciles to her fate bravely and gracefully and accepts her misery as the sublime will of God. Reconstructing a broken life into a new existence of faith and self-sacrifice, she achieves tragic dignity and elevation in the eyes of the audience. She invokes God’s blessings upon all – â€Å"†¦. may He have mercy on my soul, Nora, and the soul of everyone is left living in the world. † Maurya, as portrayed by J. M. Synge in ‘Riders to the Sea’, is truly an unforgettable character who wins our admiration by her unusual power of endurance, by her capacity to withstand her misfortunes, and by her dignified behaviour at a time when she has suffered the most painful bereavement of her life. Finally, she gives expression to her stoical acceptance of her and fate in the following memorable words— â€Å"No man at all can be living forever, and we must be satisfied. Declan Kiberd, an Irish writer and scholar in his ‘Synge and the Irish Language’ (Macmillan: London 1979)notes that Synge’s dramatic language tries to allow the Aran islanders â€Å"to speak directly for themselves,† demonstrating that Maurya’s famous words, â€Å"No man at all†¦Ã¢â‚¬ ¦Ã¢ € ¦Ã¢â‚¬ ¦. must be satisfied† (III, 27), are translated almost directly from a letter to Synge from an Inishmaan friend. Maurya is drawn to be regarded as tragic character in the proper sense of the word. After all we are reading a one-act play in which an elaborated portrayal was not possible. Besides, there is no real conflict either in Maurya’s mind or between Maurya and circumstances. She has just to remain passive because there is no other choice for her. ‘Tess’ in Thomas Hardy’s famous novel ‘Tess of the D’urbervilles’ is a tragic character because she puts up a brave fight against adverse circumstances, but nobody can fight against the sea which is the cause of the tragedy in Synge’s play. The end comes inevitably and this again is traditional. Dunbar’s ‘Lament for the Maker’s’ may stand to embrace them all. So to quote: â€Å"Since for the Death remeid is none, Best is that we for Death dispone, After our death that live may we: Timor Mortis conturbat me. † The drama by virtue of being a one-act play unavoidably limits Synge’s scope. But, in that limited scope Synge has achieved remarkable effect of tragic impact. The result is one of the most deeply moving tragedies ever written. W. B. Yeats on Synge’s conception of style states â€Å"The first use of Irish dialect, rich, abundant, and correct, for the purpose of creative art was in J. M. Synge’s Riders to the Sea† (Plays in Prose and Verse Written for an Irish Theatre, London: Macmillan 1922).

Monday, January 6, 2020

Investigating And Determine Compatible Naturally Based...

The objective of this project is to investigate and determine compatible naturally based elements that can potentially replace and be integrated into the bone tissue, for medical purposes. These elements should be similar in characteristic and structure of the bone tissue, so that they can effectively replace the tissue and help stimulate bone growth and cellular growth, in order to maintain bone homeostasis. In order to achieve compatibility, factors such as 3-D polymeric structures within bone scaffolding, cellular composition and many other aspects should be considered within all these plausible elements. After finding potential candidates for replacements of bone tissue, each element will be organized based on their compatibility and traits that make them suited for implementation. Based on the comparison of materials, we found that the bamboo was the most suitable candidate for the implementation based on it’s biocompatibility potential, biodegradability potential and mechanical integrity. Key Words Biomaterials; scaffolds; bio composites; biodegradable; biocompatible; bamboo Introduction Over the course of this year, I have participated in a program called the Online Research Co-op Program; where I was give the opportunity to work under a University mentor in the career of my choice. For my co-op placement, I decided to investigate the field of biomedical engineering. As a result, I was paired up with a professor from the University of Ottawa. Together, myShow MoreRelatedMarketing Management 14th Edition Test Bank Kotler Test Bank173911 Words   |  696 PagesMarketing Management, 14e (Kotler/Keller) Chapter 1 Defining Marketing for the 21st Century 1) Which of the following statements about marketing is true? A) It is of little importance when products are standardized. B) It can help create jobs in the economy by increasing demand for goods and services. C) It helps to build a loyal customer base but has no impact on a firms intangible assets. D) It is more important for bigger organizations than smaller ones. E) It is seldom used by nonprofitRead More_x000C_Introduction to Statistics and Data Analysis355457 Words   |  1422 Pagesabout our products, contact us at: Thomson Learning Academic Resource Center 1-800-423-0563 For permission to use material from this text or product, submit a request online at http://www.thomsonrights.com. Any additional questions about permissions can be submitted by e-mail to thomsonrights@thomson.com. Printed in the United States of America 1 2 3 4 5 6 7 11 10 09 08 07 ExamView  ® and ExamView Pro  ® are registered trademarks of FSCreations, Inc. Windows is a registered trademark of the Microsoft