The Myers Briggs Personality Test - 1343 Words

For each of us, knowing our personality type and temperament allows us to leverage our strengths and to recognize areas of weakness. This can also be extended to our interactions with others, so that we attempt to recognize the personality and temperaments of those around us, i.e. Typewatching, in order to facilitate more efficient and effective communication. In so doing, we can become better employees, managers, spouses, children, and, ultimately, for the Christian, more like Christ. The Myers-Briggs Personality Test can provide a general overview of one’s personality type as a starting point to positively influence organizational behavior. Myers-Briggs Personality Test Project For each of us, knowing our personality type and temperament allows us to leverage our strengths and to recognize areas of weakness. This can also be extended to our interactions with others, so that we attempt to recognize the personality and temperaments of those around us, i.e. Typewatching, in order to facilitate more efficient and effective communication. In so doing, we can become better employees, managers, spouses, children, and, ultimately, for the Christian, more like Christ. According to Kroeger, Thuesen Rutledge (2002), â€Å"there is practically no limit to the applications of Typewatching at work, from individual problem solving to restructuring entire companies† (p. 9). Requirement 1 This exercise has allowed me to characterize my overarching preferences in the fourShow MoreRelatedThe Myers Briggs Personality Test1378 Words   |  6 PagesFor the Myers Briggs personality test I am an ISTP when I am stress and when I am at my best. I was surprised with these results due to the fact that my freshman year in the Harold Leadership Academy I was required to take the Myers Briggs assessment and scored the letters INFJ. I find myself leaning more towards INFJ because the test was at least seventy-five questions. When reading the definitions of ISTP and INFJ I find that I would agree with my personality having a little bit of both. The MyersRead MoreThe Myers Briggs Personality Test1369 Words   |  6 PagesThis paper describes the results of the Myers-Briggs personality types of extravert, intuitive, thinking, and judging (ENTJ). These personality results identify potential careers and occupations, communication types, and partner compatibility informat ion. The research will describe the validity of each personality trait and the characteristics associated with the personality of ENTJ. Additionally, the research is beneficial for my career to gain an understanding of how I can apply my strengthsRead MoreThe Myers Briggs Personality Test1278 Words   |  6 Pagesthe Myers-Briggs personality test was created; to understand diversity and help us learn and become better individuals to the world at large. This paper evaluates the results of my Myers-Briggs test and how it applies in my personal life and career. Furthermore, I discuss what I have learned and how it it would benefit me in the future. ïÆ' ¼Needs work The Myers-Briggs personality test is designed to categorize human personality and behavior. Based on Carl Jung’s theory, Katherine C. Briggs and herRead MoreThe Myers Briggs Personality Test768 Words   |  4 PagesLindsey Osbon Mrs. Brennan English II H - 6th 5 September 2014 Lindsey Madison Osbon: The Supervisor Who would have known that four letters can describe a person in complete detail! The Myers Briggs Personality Test can explain your own personality better than you ever thought you could. My personality falls under ESTJ, which stands for extraverted, sensing, thinking, judging. ESTJ s are usually hard workers that use logic and tradition to complete things efficiently while staying organizedRead MoreThe Myers Briggs Personality Test1478 Words   |  6 Pagesweek of class, we were asked to complete the Myers Briggs Personality test, and then to read up on our results. Once I had completed the typology â€Å"test†, I received my results in the form of four letters: INTJ, and afterwards, I decided to view what the four letters represented. Likewise, once I had begun to read the explanation provided by the website, I found that I was agreeing with several of the sentiments, as I felt it not only described my personality to near perfection, but also for the reasonRead MoreT he Myers Briggs Personality Test1166 Words   |  5 Pagesdevices attempt to tell us our personalities, or our combination of traits and behaviors that make up who we are. However, psychologists today deviate from those unsubstantiated methods and have concocted various personality tests that give us a better understanding of who we are. One such test is called the Myers-Briggs personality test. Based on theories by Carl Jung, but primarily created by Isabel Briggs Myers and her mother, Katharine Cook Briggs, the test gives people a standardized surveyRead MoreMyer Briggs Personality Test : Myer1516 Words   |  7 Pages Myer-Briggs Personality Test When taking the Myer-Briggs personality test I was somewhat nervous about my results because I was learning about myself answering the questions even before I completed the assessment. My results for the personality assessment were INFJ which means introverted intuitive feeling judging. According to the humanmetrics article, INFJs are distinguished by both their complexity of character and the unusual range and depth of their talents. The article also suggests theyRead MoreThe Myers Briggs Personality Test923 Words   |  4 Pagesto God that he gave me stubbornness when I know I am right†. John Adams, like myself was introverted, intellectual, thinking, and judging, or an INTJ on the Myers Briggs personality test. Like all INTJs, Adams was stubborn and flouted the ideas of others that he did not agree with. By using my results from the Meyers Briggs personality test, I can examine how I react to certain things and use this to improve my Spirituality, my relationship with God, and ultimately my relationship with others throughRead MoreThe Myers Briggs Personality Test2071 Words   |  9 PagesThe Myers-Briggs Personality Test is discussed in two steps. In Step 1, the results of my Myers-Briggs Personality test are discussed while going into detail about each letter. Real life examples are provided for context of each letter. The weaknesses of each letter are also discussed. In Step 2, the lessons learned about how it relates to organizational behavior and to my specific organization are discussed. Project 1: Myers-Briggs Personality Test Discussion The Myers-Brigg Typology test is designedRead MoreMyers Briggs Personality Test : Evaluation997 Words   |  4 Pagesweek’s assignment will focus on Myers-Briggs personality test, which will include results from the Jung typology test. I have learned that my Jung Typology results is a ENTJ which put me in the Executive type of leadership position. ENTJ I will discuss ENTJ personality as a whole and the meaning of each letter within the results. Finally I will touch up on what I have learned as a whole and how to improve myself within my organization. ENTJ ENTJ according to Myers-Briggs are naturally born leaders and

After Sir Charles Darwin had introduced his original...

After Sir Charles Darwin had introduced his original theory about the origins of species and evolution, humanity’s faith in God that remained undisputed for hundreds of years had reeled. The former unity fractured into the evolutionists, who believed that life as we see it today had developed from smaller and more primitive organisms, and creationists, who kept believing that life in all its diversity was created by a higher entity. Each side introduced substantial arguments to support their claims, but at the same time the counter-arguments of each opponent are also credible. Therefore, the debates between the evolutionists and the creationists seem to be far from ending. And though their arguments are completely opposite, they can†¦show more content†¦Ecosystems function in such a way that the absence even of several smallest components causes the ruin of the environment. It is difficult to believe that such complexity and diversity appeared and established balance on its own, whereas evolutionists suggest an idea of random development. Evolutionists believe that over time the matter which forms our universe had shaped out into stars, planets, chemicals, and finally, living organisms. According to the evolutionists, before the Big Bang, there existed nothing, but after it the matter self-organized in ordered structures, which become even more structured and organized as the time flowed. Surprisingly, creationists refer to science to oppose this thesis. They say that, according to the second law of thermodynamics, everything, be it living creatures, chemicals, or substances, tend to blend and mix with their environment over time, finally reaching the steady-state, which does not happen in nature (BestBibleScience.com). At the same time, both sides seem to forget that one point of view does not necessarily contradict other one. It is possible that God could have planned everything, prepared certain semimanufactures for the universe’s development, and then just pressed the â€Å"Start† button, letting his ideas self-embody, watching the results. Or, God could have created the possibility of life, but after this it could leave this life to find its own ways.Show MoreRelatedEssay about Darwin’s Theory of Natural Selection and Social Darwinism2627 Words   |  11 Pages Anyone with even a moderate background in science has heard of Charles Darwin and his theory of evolution. Since the publishing of his book On the Origin of Species by Means of Natural Selection in 1859, Darwin’s ideas have been debated by everyone from scientists to theologians to ordinary lay-people. Today, though there is still severe opposition, evolution is regarded as fact by most of the sc ientific community and Darwin’s book remains one of the most influential ever written. Read MoreHerbert Spencer Essay13142 Words   |  53 Pagesand political economist. In his day his works were important in popularizing the concept of evolution and played an important part in the development of economics, political science, biology, and philosophy. Herbert Spencer was born in Derby on April 27, 1820. His childhood, described in An Autobiography (1904), reflected the attitudes of a family which was known on both sides to include religious nonconformists, social critics, and rebels. His father, a teacher, had been a Wesleyan, but he separatedRead MoreOrganisational Theory230255 Words   |  922 Pages. Organization Theory Challenges and Perspectives John McAuley, Joanne Duberley and Phil Johnson . This book is, to my knowledge, the most comprehensive and reliable guide to organisational theory currently available. What is needed is a text that will give a good idea of the breadth and complexity of this important subject, and this is precisely what McAuley, Duberley and Johnson have provided. They have done some sterling service in bringing together the very diverse strands of workRead MoreLogical Reasoning189930 Words   |  760 PagesUnported License. That is, you are free to share, copy, distribute, store, and transmit all or any part of the work under the following conditions: (1) Attribution You must attribute the work in the manner specified by the author, namely by citing his name, the book title, and the relevant page numbers (but not in any way that suggests that the book Logical Reasoning or its author endorse you or your use of the work). (2) Noncommercial You may not use this work for commercial purposes (for exampleRead MoreStrategic Marketing Management337596 Words   |  1351 Pagesmore strategic approach rather than less. We have also introduced a considerable amount of material designed to reflect some of the areas that have emerged over the past few years and that currently are of growing importance. The most obvious of these are e-marketing, branding, the leveraging of competitive advantage and CRM. It is not intended that this should be used as an introductory text: we have deliberately assumed that readers will have had some prior exposure to marketing principles, if not

Roles and Responsibilities of a Teacher in the Life Long Free Essays

Case study Role of a teacher in the lifelong learning sector This case study investigates the role and responsibilities of a teacher in the lifelong learning sector. I am a piano and guitar tutor on a one to one basis, so I have my own views and methods on teaching. However, I thought it would be interesting to study how a teacher deals with a whole class, as opposed to just one pupil. We will write a custom essay sample on Roles and Responsibilities of a Teacher in the Life Long or any similar topic only for you Order Now Further to the research for the study, an interview was conducted with Joe Bloggs, a teacher in School X. The interview examined a number of areas including: roles and responsibilities, boundaries, promoting equality and diversity, safe and supportive learning environments, promoting appropriate behaviour, legal and moral responsibilities, the challenges and rewards of the role and how Joe has had to adapt and respond to the ongoing changes in the lifelong learning sector. The first question covered what Joe considered to be his main responsibility as a teacher; to engage and motivate young people in the subject of music and learning in general. He uses a variety of methods to accomplish this. Also read: Roles and Responsibilities of a Teacher PTLLS Assignment For example, practical sessions/role play and getting everyone involved, as well as written assessments, presentations and various visual tasks to ensure all different types of learners are accounted for. This is effective when teaching music history /theory, however, when a student is learning to play an instrument, all these areas are covered naturally. Joe allows his pupils to make mistakes, for example, if a pupil is playing a piece of music and they hit a wrong note, he will wait to see if they can identify that they were out of tune first. This is another way of working on their aural skills. If they do not pick up on it he ensures the mistakes are addressed and provides help and advice to rectify the problem. Conjointly, we addressed the topic of promoting equality and diversity. Joe feels strongly about this and his approach is through film/music stimulation, with focus on a particular character or topic. Two popular examples of this are Forest Gump, where the main character has a disability and the film ‘The Island’ which deals with race issues. Using this method has proven effective, as Joe has found through reflective discussions with the class after watching the film. One of the challenges that Joe has had to face during his time in the teaching profession is behaviour problems with the pupils. This covered a whole spectrum of issues such as disruptions, bad attitude, pupils refusing to complete tasks and even verbal abuse and physical threats. The methods in which Joe deals with this brings me onto the field of boundaries between the teacher and pupil. Along with legal boundaries, and following rules and regulations according to the Code of Conduct and Data Protection Act – physical boundaries are extremely important. When teaching/dealing with a pupil, he says distance must be kept, however, he feels that in most cases, experience will enable friendly and approachable relationships. If a matter was to arise that was out of his hands, it would be his duty to report it to the school safeguarding officer/counsellor. Another way in which he deals with this is to set a good example to the pupils, as ensuring appropriate behaviour is a major factor in maintaining a safe and supportive learning environment. Joe adopts a friendly and positive attitude towards his pupils, ensuring that he never raises his voice, yet be firm and serious where necessary. The aim of this is so that the pupils’ perception of their teacher is approachable, but at the same time they see their teacher as a figure of authority. Although this has proved quite demanding, the biggest challenge Joe has had to face is the ever-changing development in technology. He tried to continue his teaching without it but this became increasingly difficult due to changes in assessment criteria and the demand of technology in general, particularly in music. Music has developed throughout the years, for example, we don’t need to compose music for ourselves these days. We can use music programs to do that for us, such as Garageband or Sibelius. Joe decided the only way to tackle this is to embrace it. This has helped a great deal with teaching and by doing this he has furthered his own education. The school that Joe teaches at has recently become an academy, so it is now more performing arts-orientated where as before, the school focused more on the academic side of things. This has forced him to take on a bigger work load and thus proved his capability to adapt and respond to changes quickly. Joe’s response to a lot of the questions portrays how education in music and generally has evolved with respect to time and the steps he has had to take in order to meet the requirements of his role and adapt to the ongoing changes. When faced with the question regarding ethical responsibilities, he had some interesting techniques on how he engaged this topic with his pupils. Practice is an essential for learning an instrument, Joe motivates and encourages his pupils that regular practice is the key to progression. He evaluates progress with tests covering all different types of learning such as aural, sight reading, written, and through practical tests. Both Joe and I have found that through music, it is easy to distinguish the strengths and weaknesses of our pupils and how they best learn. For example, one person may be able to listen to a piece of music and play by ear, whereas the next pupil will not be able to do that, but will excel in reading the music. Joe understands it is important to acknowledge the strengths and weaknesses of each individual and sees that each pupil is facilitated for in order to help them achieve their full potential. Joe mentioned various internal and external points of referral, for example, the awarding bodies, and the Academy’s safeguarding officers/counsellors. It is evident that he has a strong passion for music as he gave up his career as a pilot in order to pursue his music career. In defiance of the challenges Joe has been faced with, his subtle, yet dynamic and enthusiastic approach helped him to overcome them. I found during my time with Joe, that although there are many generic rules, responsibilities and boundaries that all teachers/tutors have to adhere to, there are also those that are specific and subject to the area of study. It is imperative that these are recognised in order to achieve a finer understanding of the role of the teacher. How to cite Roles and Responsibilities of a Teacher in the Life Long, Essay examples

Alma Mater free essay sample

In an interview with Car Mueller, a 2013 senior attending the University of Illinois took great pride in her Alma Mater. To me the Alma Mater is a cool piece of history. Love being a part of something so much egger than my time here at the University of Illinois. When asked if she had any prior knowledge to the Alma Matter she shared, That my older brother went to the University of Illinois. So every time we came to see him we would always walk past the Alma Mater. Its a University landmark that cannot be missed while either touring or walking around campus. Continuing on with Cars interview she also stated that she often took pictures in front of it, especially when it was dressed up for special events, like when the Illinois basketball team made it to the March Madness tournament, they dressed her n an oversized basketball outfit. We will write a custom essay sample on Alma Mater or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page But from Cars interview it also turned her upside down with the leaving of her Alma Mater. Even the pride that students have shown to the Alma Mater goes way beyond a statue.In late August of 201 2, the Alma Mater packed her bags for the year to get primed and prospered for the fallowing spring. Many students do not understand how someone could take the schools pride and joy away. However, it makes visitors of the university question why there is only a platform with nothing On top Of it! With the Alma Mater gone it doesnt mean its the end. To Car Mueller, she thinks its upsetting to see that she is gone. Its like a part of the University of Illinois has been missing all year. From this Car reflected on her being a senior, As a senior I felt like got the shafted. Every year, like previously stated, many seniors wait in lines to take a final picture of them with the Alma Mater. As the year dwindles down to a close, Car anxiously awaits the arrival of the Alma Mater; It would be nice to get the traditional graduation pictures with my family next to the Alma Mater like many graduates do each year. Throughout the years of students coming and going, the Alma Mater is always going to be one steady symbol of school pride.Even to this day students are always being welcomed by this well-know figure. From one motto, a statue can shape the ideas of how a university shapes its values. Imagine if the Alma Mater was never created? What would have taken her place, a dog or maybe a different statue? As the years go on, however, it could be possible that a bigger and better figure might emerge, but even when we may leave her sight we will always be reminded that she will always be waiting for us to return.

Malcolm X Essays (1870 words) - English-language Films,

Malcolm X Malcolm X One of the most influential men of his time, not only with the black community, but also with other people of every community. His beliefs for many people are hard to understand and probably thought as if his beliefs are wrong, but until someone actually reads The Autobiography of Malcolm X, then people will not really understand the complexity of the man Malcolm X. His autobiography takes you on a tour of probably lots of black men of this time and shows all the hardships and struggles that they had to go through. Showing the misleading teachings of the honorable Elijah Muhammad and the Nation of Islam, and how Malcolm learns the real truth of his religion. All should study the journey of Malcolm X's life because it gives great insight into one of America's great leaders. The struggles he had as young black boy and the influences he got there. To his teenage years where he developed most of his street smarts and learned how people really worked. Also his autobiography shows how for some people prison can teach and really help people to rehabilitate their lives. Then how Malcolm finds a way out in his new found faith in Allah. The autobiography also shows how Malcolm sees the true light of the Muslim religion with his pilgrimage to Mecca. At first Malcolm grows up as a typical black child, but soon his life changes with some of the most terrible things that can happen to a young boy. I think one of the most influential things that happened to Malcolm is when his father is killed. Not only is this very terrible to a any young boy, but it is the way that his father is killed and by whom is killed that makes the most influence. Malcolm's father was a Baptist minister and an organizer for the Marcus Aurelius Garvey's Universal Negro Improvement Association. When Malcolm used to go with his father to the meetings that his father threw for the people, I think that Malcolm took a lot of what his father did to what he did and how he influenced later in his own life. An example of this is in The Autobiography of Malcolm X where Malcolm says but still the image of him that made me proudest was his crusading and militant campaigning with words of Marcus Garvey. (9). Malcolm's father leaving him was very influential because he ne ver had that guidance that a father gives his children, but more importantly that his father was killed by the white Black Legion. The Black Legion was a hateful group much like the Ku Klux Klan, but they wore black robes instead of white robes. The killing of his father by the Black Legion stood in Malcolm's head as he gets older and affects the way he thinks of white people. The fact that the insurance company would not give his mother the money that she deserved because they found his father on the streetcar tracks. So he obviously bashed himself in the head and stumbled over to the tracks to commit suicide. This was just another reason in Malcolm's head why the white people are the devil. The way that his father was laid half dead on the streetcar tracks by white people who just let him suffer half dead. The event of his father's death just put more and more aggression towards white people in Malcolm's life. One of the most important events that shaped Malcolm's life was when Mr. Ostrowski, his eight-grade teacher, told him he should be realistic in life. In The Autobiography of Malcolm X his teacher says, Malcolm, one of life's first needs is for us to be realistic. Don't misunderstand me, now. We all here like you, you know that. But you've got to be realistic about being a nig*er. A lawyer-that's no realistic goal for a nig*er. You need to think about something you can be. (43). The things that his teacher told him crushed his dreams, and made him feel worthless. His teacher if not the most is one of the most influential people because of that statement, that's the statement that pushed him away from

Definition and Examples of Erotesis in Rhetoric

Definition and Examples of Erotesis in Rhetoric Definition The figure of speech known as erotesis is a  rhetorical question implying strong affirmation or denial. Also called erotema,  eperotesis and  interrogation. Adjective: erotetic. In addition, as Richard Lanham points out in A Handlist of Rhetorical Terms (1991), erotesis may be defined as a rhetorical question which implies an answer but does not give or lead us to expect one, as when Laertes rants about Ophelias madness: Do you see this, O God? (Hamlet, IV, v). See Examples and Observations below. Also see: What Is a Rhetorical Question?EcphonesisEpiplexisHypophoraInterrogative SentencePysmaQueclarativeQuestionYes-No Question EtymologyFrom the Greek, questioning Examples and Observations Was I not born in the realm? Were my parents born in any foreign country? Is not my kingdom here? Whom have I oppressed? Whom have I enriched to others harm? What turmoil have I made in this commonwealth that I should be suspected to have no regard to the same?(Queen Elizabeth I, response to a Parliamentary delegation, 1566)Was I an Irishman on that day that I boldly withstood our pride? or on the day that I hung down my head and wept in shame and silence over the humiliation of Great Britain?(Edmund Burke, Speech to the Electors of Bristol, Seprember  6, 1780)General, do you really believe that the enemy would attack without provocation, using so many missiles, bombers, and subs that we would have no choice but to totally annihilate them?(John Wood as Stephen Falken in  WarGames, 1983)Another thing that disturbs me about the American church is that you have a white church and a Negro church. How can segregation exist in the true Body of Christ?(Martin Luther King, Jr., Pauls Let ter to American Christians, 1956) Do you then really think that you have committed your follies in order to spare your son them?(Herman Hesse, Siddhartha, 1922) The Effects of Erotesis- Erotesis, or Interrogation, is a figure by which we express the emotion of our mind, and infuse an ardour and energy into our discourse by proposing questions. . . . As these questions have the force of a climax, they ought to be pronounced with increasing force to the end.(John Walker, A Rhetorical Grammar, 1814)- The design of the erotesis or interrogation is to awaken attention to the subject of discourse, and is a mode of address admirably calculated to produce a powerful impression of the truth of a subject, as it challenges the impossibility of contradiction. Thus, How long, Cataline, exclaims Cicero, will you abuse our patience?(David Williams, Composition, Literary and Rhetorical, Simplified, 1850) The Lighter Side of ErotesisYou may think that you are not superstitious. But would you walk under a burning building?(Robert Benc hley, Good Luck, and Try and Get It)D-Day: Wars over, man. Wormer dropped the big one.Bluto: Over? Did you say over? Nothing is over until we decide it is! Was it over when the Germans bombed Pearl Harbor? Hell no!Otter: Germans?Boon: Forget it, hes rolling.(John Belushi as Bluto Blutarsky in Animal House, 1978) Pronunciation: e-ro-TEE-sis

Course is called Public Speaking. The topic is Wearing seatbelts in a Essay

Course is called Public Speaking. The topic is Wearing seatbelts in a car. Safety - Essay Example One in seven car occupants wear seat belts while in a car this translates to only 14.28 per cent of occupants. According to the Centers for Disease Control and Prevention, automobile accidents are the single leading cause of deaths of people aged between 5 to 34 years in the USA. In the year 2009, 33000 people died from automobile accidents and 2.2 million others were injured as a result (Center for Disease Control and Prevention, 2014). Wearing a seat belt prevents passengers and drivers from being thrown out of the vehicle on impact during an accident. Furthermore, it prevents fatal injuries to the occupants of the car. Even though a car is equipped with airbags these alone cannot protect occupants of the car, seat belts are required to prevent serious injury. Lack of wearing seat belts while in a car can lead to serious injuries and worst of all death. I therefore pose this question to you, are you in the 14.28 per cent category that buckles their seat belts? To prevent the deaths caused by not wearing seat belts there needs to be strict enforcement of seat belt laws by law enforcement. Most states have seat belt laws; which fall in the category of either primary or secondary, with only 19 states with no such legislation. Primary laws stipulate that a police officer should pull over a driver and issue a ticket because he or other occupants of the car are not wearing their seat belts. On the other hand, secondary laws have it that police officers can issue a ticket for seat belt violations only if the driver of the car had been pulled over for other traffic offences. Furthermore, fines to be paid need to be increased so as to deter any traffic offenders from repeated offences (Center for Disease Control and Prevention, 2014). Enforcement of these laws is the key to preventing the deaths of car occupants involved in accidents. Seat belts prevent injury in numerous ways. They restrain the strongest

Law Briefs Essay Example | Topics and Well Written Essays - 1500 words

Law Briefs - Essay Example rict Court had correctly dismissed the defendants’ counterclaim because the burden of proof of existence of a valid copyright rests with the copyright claimant, however the defendants did not provide any substantive support for their claim of copyright. Mr. Brown was also able to present documentation regarding the poems, their publication and musicalization. However the Court dismissed Brown’s motion for summary judgment on the basis that some material facts remained unresolved This case is important in that it has established that valid evidence must be provided to support a claim for copyright infringement before an infringement action can be allowed to proceed to a trial stage. It also raised the issue of expiry of copyright protection after a 50 year period, (currently raised to 70 years) after which period the musical, artistic or dramatic work reverts to the public domain. Copyrights, trademarks and patents differ in the level of protection they provide. For instance, copyright protection for a literary, dramatic or musical work may extend to seventy years while a patent on an industrial or commercial design may offer a short term 20 year period of exclusive monopoly over a product and a trademark will extend that monopoly only to a particular category of goods2. Patents and trademarks must be renewed each year. Title that is provided to the owner of a real property is permanent, however intellectual property protection is limited to a certain duration in the scope of its protection. The reason is that ownership to real property comprises rights on a specific piece of fixed property in a specific location, such as a building or land which is permanent. However, where a dramatic, musical or literary work is concerned, this comprises a work of art which should properly fall into the public domain and be available for humankind to enjoy, benefit from and further create and modify. Yet at the same time, every creator of an original work has a moral right

Offshore Jobs Essay Example | Topics and Well Written Essays - 750 words

Offshore Jobs - Essay Example are some of the countries where MNCs from USA, UK, Germany and other developed nations have started outsourcing the jobs. This trend has picked up in a big way in the last 15 to 20 years. In fact, as this trend kept growing, a debate also started in the political spheres about the job losses taking place in USA, Germany, UK etc. In the recently concluded Presidential elections in the USA, outsourcing became a big issue, with the candidates spelling out their own versions of the truth on outsourcing by many companies. But as per the indications available the trend appears unstoppable in the immediate future. The high turnover rates amongst IT staff in some of the Indian cities points towards the availability of opportunities in this sector which propels the staff to switchover jobs from one company to another looking. The research conducted by McKinsey Global Institute (MGI) points out that even after a huge hike in salaries in the outsourcing destinations, the salaries are still quite low as compared to the cities in the America and leading EU nations. While the criteria of selecting the sites depends on a variety of factors like, work culture, infrastructure availability, talent pool etc. besides the wages; the study points out that many companies have preferred to go for tried and tested nations like India and China. Though the infrastructure is far from satisfactory in some of the cities of India, still some of the companies have expressed their confidence in these cities based on their past experience and the availability of other similar companies in the vicinity. At the same time, the study points out that many companies like Amazon.com, Telefonica, Intel and Sakonnet Technology have preferred offshore centers in the African cities like Cape Town, Tangier, Cordoba, Rio de Jenerio etc. But in general it has been found out that some of the hot spots have become favorites of companies which have followed the trend observing the 'first mover's cost advantage'. But this trend also results in overheating of the job market in those cities and the infrastructure too starts deteriorating. Citing the example of Gurgaon, a place near the capital city of India the study finds out that the area has become very populous with many shopping malls, multi-story apartments etc. when leading companies set up their operational units in these cities. But gradually it has started taking its toll with paralyzing traffic congestions, frequent power cuts, communication network breakdowns etc. But, the fact that so far the reverse trend has not started, points towards the cost advantage still being favourable to the MNCs. The availability of huge numbers of unemployed educated youth at offshore hot spots makes these locations all the more attractive. MGI studied 28 low-wage countries and figur ed out that about 6.4 million young professionals are available in 2003 for far less number of jobs. It has been projected through the study that supply of college educated talent will continue to outstrip the demand from MNCs offshore operations for many-many years to come. In general some of the key factors identified for choosing a location include Cost, availability of skills, suitable political and legal environment; market potential of the region or country; risk factors; and infrastructure. Though destinations like Dubai have also been

Relevance Of The Maxim Certainty Philosophy Essay

Relevance Of The Maxim Certainty Philosophy Essay The maxim: Certainty is not overruled by doubt is one of the universal maxims in Islamic law. It applies to three-quarter of fiqh. Some positions maintain that the maxim does not have significant effect on commercial transactions. The work started by discussing the legal basis of the maxim. It also discussed the detailed meaning of certainty and doubt in Islamic law and jurisprudence and the principles with which they are applied to the particulars of law. Relevant particulars of commercial matters related to it were cited as examples after analysis of the general meaning of each maxim. These examples reveal the significance of the maxim in providing basic principles for dispute resolution as well as the responsibility of proving allegations between parties to commercial transactions. It also laid out in detail the party upon whom the onus of proof lies in litigations to counter what is presumed by law. Keywords: Certainty (yaqÄ ©n), Conjecture (Zann), Doubt (shakk), Illusion (Waham), Commercial Transactions, Dispute resolutions, presumption of law, onus of proof. * Higher Sharia Court Judge, Kala Balge Sharia Court and overseeing Rann Sharia Court, Borno State Judicial Service Commission, Borno State, Nigeria. E-mail: [emailprotected] * Senior Lecturer, Faculty of Law, Department of Sharia, University of Maiduguri, Nigeria. E.-mail: [emailprotected] ** Lecturer, Faculty of Law, Department of Sharia, University of Maiduguri, Nigeria. E.-mail: à ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦ 1. INTRODUCTION: Legal maxims (Al-Qawà £id Al-Fiqhiyyah) are imperative in Islamic jurisprudence as they encapsulate perceptions and precepts that can abet to figure out the factual essence of the Islamic Law in details. Reflective of a consolidated reading of fiqh by great jurists, it is a handy tool for researchers who need to expand their grasp and understanding of content and objective of the law. More importantly, they ease to arrive at the appropriate ruling where is no direct text is available a particular matter. The word al-Qawaid is a plural qà £idah, a derivative of qaada and literally has the meanings of fixation, consistency, and being well established. Qaida on the other hand means base, and Qawaid means a foundation of a building, as Allah, the Most High says: And remember Ibrahim and Ismail raised the foundations (Qawà £id) of the House  [1]   Technically, it is a general rule applicable to all its related particulars. Sadrush SharÄ ©ah (d. 747) defined Qawà £id as general propositions  [2]  . Examples are Qaida Nahwiyyah (Rule of Grammar), Qà £idah Mantiqiyya (Rule of Logic), Qaida UsÃ…Â ©liyya (Rule of Jurisprudence), etc. Fiqhiyya (lit. of law) is the adjective of Qà £ida (maxim); a derivative of fiqh (law) which literally means understanding. Fiqh is a term that came to denote Muslim jurists detailed study of practical aspect of the Devine ordainments. Imam Shafii (d. à ¢Ã¢â€š ¬Ã‚ ¦) defined it as the knowledge of the practical injunctions of Sharia acquired from its detailed evidences  [3]  . The two words, i.e. Al-Qawà £id al-Fiqhiyya, referred herein as Legal Maxims has several definitions which basically revolves around two positions. The often quoted definition of legal maxims is that it is a general rule which applies to all of its related particulars  [4]  . As this is an extension of the technical meaning of term Qà £ida in other discipline to the Qà £ida in law (fiqh), this definition has failed to encapsulate the concept of legal maxims and thus not reflective of its essence. Al-Hamawi (d. 1098H=1687AD) has stated that Qà £ida of legists (fuqahà £) is different from Qà £ida in other disciplines such as Grammar (Nahwu), Logic (Mantiq) and even Jurisprudence (UsÃ…Â ©lul Fiqh). In these disciplines, it is a rule applicable to all its related particulars.  [5]   From the foregoing we can say that a legal maxim is a general proposition of law that applies to most of its related particulars  [6]  . The reason for opting to this definition is that maxims do not apply to all particulars that seem related to it. The particulars that do not apply to a general principle are known as exceptions (mustathnayà £t). These exceptions often represent independent or auxiliary maxims in themselves. The exceptions do not however negate the general application of maxims, as the principles of the maxim still represent application to majority; and exceptions are but of minority in all maxims  [7]  . Another characteristic of a legal maxim worth noting is that a maxim applies to most of its related particulars, which are scattered in various themes or chapters of fiqh. But a principle that only applies on one particular theme or chapter of fiqh is referred to as a Regulator (Dà £bit). In other words, a Regulator (Dà £bit) is limited to one chapter and provides a legal principle on injunctions of a particular chapter of Fiqh. According to Al-SuyÃ…Â ©ti (d. 911H) says a maxim collects branches from different chapters while Dà £bit collects branches of the same chapter  [8]  . An example of Dà £bit is: injunction of sale of a nonexistent is same as that of risky-taking (gharar) sales (hukmu baiil madÃ…Â ©mi yatbaul gharar)  [9]  . This Dà £bit is applicable to the chapter of buying and selling. Importance of Legal Maxims (Al-Qawà £id Al-Fiqhiyyah): The great Maliki Jurist of Egypt, Imam Shihà £buddÄ ©n Al-Qarà £fi (d. 676H) described it as embodying secrets and wisdoms of Sharia  [10]  . Legal maxim brings together widely scattered branches of fiqh into a single abstract rule making it easy for jurists, researchers and students of the Islamic law. It also saves time in researching injunctions for several matters that are otherwise scattered in different chapters of books of fiqh. That is why, according Al-SuyÃ…Â ©ti, some jurists refer to fiqh as knowledge of similitudes. Legal maxims therefore make it easy to diagnose juristic injunctions, comprehend and memorise auxiliaries and particulars of the law  [11]  . The four schools of Islamic Jurisprudence are in agreement over the five of the Universal Maxims that they clasp within themselves the entire quintessence of the Islamic Shariah. They are depicted to be universal maxims for being all-inclusive and applicable to the entire range of fiqh without any specification  [12]  ; whereas the rest of the maxims are just elucidations of these five: Matters are (judged) by their intents (Al-UmÃ…Â ©ru bi-maqà £sidihà £)  [13]  ; Hardship begets facility (Al-Mashaqqatu tajlibu Al-TaisÄ ©r)  [14]  ; No harming and no counter-harming (Là £ darara wa là £ dirara)  [15]  ; Custom is Authoritative (Al-ÃÆ'datu Muhakkamah)  [16]  . Certainty is not be overruled by doubt (Al-YaqÄ ©nu la yazÃ…Â ©lu bish-shakki). Beside its general application to three-quarter of Fiqh chapters, Certainty is not overruled by Doubt provides basic guidelines for disputes resolution in contracts including commercial and financial transactions. The paper will discuss in detail the general meaning of the universal maxim Certainty is not overruled by Doubts, its importance and relevance to commercial transactions. This universal maxim is one of the earliest maxims to appear in the discipline of maxims derivation (Al-TaqÄ ©d Al-Fiqhi)  [17]  . The earliest reference to it was made by Imam ShafiÄ © (d. 204H º819C.E.) while discussing admission/ confession. He said: the basis of what I say is that I will always hold people by what is certain, drop the doubtful and use that which is most probable  [18]  . Al-Karkhi (d. 340H) too in his UsÃ…Â ©l has stated that the basis (in law) is that what was confirmed with certainty cannot be overruled by doubt and say it is one of the principles the Hanafi School was based on  [19]  . Over time, it was abridged into its current form: Certainty is not overruled by doubt (Al-YaqÄ ©nu là £ yazÃ…Â ©lu bish-Shakk)  [20]  . 2. CERTAINTY IS NOT OVERRULED BY DOUBT  [21]   (Al-YaqÄ ©nu là £ yazÃ…Â ©lu bish-Shakk) Generally, any matter confirmed to have existed with certainty remains certain until proven with evidence to be otherwise. It is not invalidated by mere doubt or supposition. The same is also said regarding a matter whose non-existence is confirmed continues in that state until also proven otherwise. This is because doubt is weaker than certainty. It will not, therefore, nullify certainty whether or not the later is positive or negative  [22]  . In other words, whenever the existence or non-existence of a matter is established through legally accepted means, a subsequent doubt over the continuance of this state will not affect the legal regard given to the confirmed certainty. Legally, certainty (yaqÄ ©n) is defined as the knowledge that a fact has either definitely occurred or not. Doubt (shakk), which is the opposite of certainty (yaqÄ ©n)  [23]  , is a vacillation over the occurrence and non-occurrence of a fact. Meaning none between the two possibilities is of higher probability. But if either has greater probability, the doubt seizes and it is thus certain (yaqÄ ©n) in the usage of legists (fuqahà £). This form of yaqÄ ©n is often interchangeably used with the term à ¡Ã‚ ºÃ¢â‚¬Å"ann. The term à ¡Ã‚ ºÃ¢â‚¬â„¢ann which literally means conjecture is less than certainty in the language of Jurists and Logicians. To them, Certainty (YaqÄ ©n) is belief that a particular matter is so-and-so and cannot be but so-and-so in manner consistent with its reality and essence. In other words, it is the perfect knowledge free from error. Because injunctions of Sharia are applied on what evident or conspicuous (zà £hir) and not abso lute certainty, the jurists definition is not as encompassing as that of legists (Fuqahà £) which includes the most probable event  [24]  . This is because there are issues which the Sharia may have considered them as certain though they can logically be incorrect. Example is an accepted testimony by witnesses before a Court is a legal certainty for its truthfulness, but is possible that they are telling lies. Al-Qarà £fi says that necessity is the reason why conjecture (à ¡Ã‚ ºÃ¢â‚¬Å"ann) is regarded as certain in Sharia for absolute certainty may not be achieved. Possibility of erring in such à ¡Ã‚ ºÃ¢â‚¬Å"ann is however lesser. But the doubtful cannot be a basis for a judgement  [25]  . This is the reason why scholars of Malikiyya school of thought did not refer to this maxim in the above phrase, that is Certainty is not overruled by doubt, rather their preferred phrase is: The Norm of Sharia is that Injunctions are but based on knowledge and that which is in doubt is not considered  [26]  . 2.1 BASIS OF THE MAXIM: In the Quran, the saying of Allah, the Most High: But most of them follow nothing but Conjecture (Zann): truly Conjecture can be of no avail against truth. Verily Allah is well aware of all that they do  [27]  . One of the meanings of Zann (lit. conjecture) is illusion, i.e. where the fact thought to apply to a particular matter does not in reality apply to it. In such a situation, such conjecture will not overrule what was known for certain  [28]  . Also from Sunnah, the Hadith narrated by Abbà £d bin TamÄ ©m from his uncle from the Messenger of Allah, peace be upon him, in which a man complained to the Prophet, peace be upon him of feeling something (departing) his body. The Prophet, peace be upon him, told him not leave (his prayers) until he hears a sound or smells (the gas)  [29]  . The hadith means that one should not ignore the certain, which is the state purity before prayer, in favour of that which is uncertain, i.e. the feeling that something has departed his body. Therefore, such doubt will not overrule the original certainty. In another version of the Hadith related by Abu Huraira, the Prophet, peace be upon him, said: à ¢Ã¢â€š ¬Ã‚ ¦ and if one of you feels something in his belly, and doubts whether something has left his body or not, he should not leave the mosque until he hears a sound or feels a gas  [30]  . 2.2 SIGNIFICANCE OF THE MAXIM: On the significance of the above Hadith, Al-Nawawi (d. 676H) asserts that: this Hadith is a basic source and a great principle  [31]  among the principles of fiqh. The principle is that things are judged to remain on their original forms until the certainty of the contrary is established, a subsequent doubt will thus not harm it  [32]  . Jurists have unanimously agreed on the usage of this maxim. Imam Al-Qarafi states that: this is an agreed upon maxim, the only disagreement among scholars is in some of its applications  [33]  . Ibn DaqÄ ©q al-Eid (d. 702H) also said: The Hadith is a basic principle in the usage and/or tossing of doubts; and scholars appear to be in agreement on this maxim, even though they differ in some of its applications  [34]  . 2.3 RELEVANCE TO COMMERCIAL TRANSACTION: By Commercial Transactions we are referring all Contracts in Sharia relating to the exchange of goods and services. Examples include: transactions like bay (sales contract), ijà £rah (lease), muzà £raah (farm leasing) partnership (muqà £radah), wakà £lah (agency) juala (promise of reward for a particular action), kafà £lah (surety), hawà £la (transfer of debt), rahn (mortgaging), etc. In fact, all contracts with the exception of marriage contract which is not under the scope of this paper. As we have indicated above, certainty in law refers to the most probable assumption. Example of such probable assumption is seeing a man with reasonable wealth possessing a reasonably priced car for several years; one can confidently testify that it belongs to him  [35]  . It is upon this kind of certainty that many legal injunctions apply  [36]  . Other examples of its relevance to commercial transactions include: Where there is a contract between two parties and a doubt is raised on whether or not there was dissolution of the contract. The contract is presumed to be subsisting as this is the certainty  [37]  . Also where it is confirmed that A owes B certain amount of money. But after As death, a doubt is raised on whether or not he has paid, lack of payment will be presumed as it is the certainty  [38]  which cannot be overruled by doubt. Certainty is not overruled by Doubt is supplemented with many Auxiliary Maxims (qawà £id fariyyah) and Regulators (Dawà £bit) which together elaborate its legal implication and significance. These will be classified under three categories, namely: Auxiliary Maxims giving weight to certainty, Auxiliary Maxims emphasising on overlooking of doubt and Maxims indirectly related to the Certainty is not overruled by Doubt. Related maxims to each category will be discussed in the following order: Auxiliary Maxims giving weight to certainty: The norm is that the status quo remains as it was before (Al-Aà ¡Ã‚ ¹Ã‚ £lu Baqà £u mà £ kà £na ala mà £ kà £na); Let the Ancient rest on its age (Al-QadÄ ©mu yutraku alà £ qidamih) The norm (in Sharia) is freedom from liability (Al-Aà ¡Ã‚ ¹Ã‚ £lu barà £at Al-Dhimmah); The norm (of Shariah) is that acquired attributes do not exist (Al-Aà ¡Ã‚ ¹Ã‚ £lu fis-Sifà £til Aridah Al-Adam) The norm in Law is that things are faultless or fit (Al-Aà ¡Ã‚ ¹Ã‚ £lu As-Salama) The Norm (of Sharia) regarding things is permissibility (Al-Aà ¡Ã‚ ¹Ã‚ £lu fil Ashyà £i al-Ibà £hah) The Basis in Law Regarding Contracts is that they permissible and binding (on its parties) (Al-Aà ¡Ã‚ ¹Ã‚ £lu fil UqÃ…Â ©di As-Sihhah wal-LuzÃ…Â ©m) The Norm of law regarding terms and conditions is validity (Al-Aà ¡Ã‚ ¹Ã‚ £lu fish-ShurÃ…Â ©ti as-Sihhah) The basic principle is to ascribe the event to the nearest time of occurrence (Al-Aà ¡Ã‚ ¹Ã‚ £lu Idà £fatul Hadithi ilà £ aqrabi auqà £tih) Auxiliary Maxims emphasising on overlooking of doubt: No attention shall be paid to inferences (implication) in the face of an explicit statement (Là £ ibrata lid-Dalà £lati fÄ © Muqà £balatit TasrÄ ©h) No weight is attached to Illusion (Là £ ibrata littawahhumi) No argument is admitted against supposition based upon evidence (laa hujata maal ihtimaalin naashii an daleel) The apparently erroneous supposition is not to be taken into consideration (laa Ibrata biz Zannil bayyni khatauhu) Maxims indirectly related to the Certainty is not overruled by Doubt: No statement is imputed by to a person who keeps silence, but silence is tantamount to a statement where there is a necessity for speech (Là £ yunsabu ilà £ sà £kitin qaulun, wa là £kinnas sukÃ…Â ©tu fÄ © maradil hà £jati ilà £l bayà £ni bayà £nu) The original state of words is the literal sense (Al-Aà ¡Ã‚ ¹Ã‚ £lu fil Kalà £mi Al-HaqÄ ©qah) No room for ijtihà £d where there is a decisive text (Là £ masà £gha lilijitihà £di fÄ © mauridin nass) 3. AUXILIARY MAXIMS GIVING WEIGHT TO CERTAINTY 3.1 The norm is that the status quo remains as it was before  [39]  : (Al-Aà ¡Ã‚ ¹Ã‚ £lu Baqà £u mà £ kà £na ala mà £ kà £na) It is a basic provision in Sharia is that the status quo remains as it was before unless it is proven to have changed. To explain further, we can say that a fact whose existence or non-existence is said to be certain in the past is regarded to be as it was and does not change, until evidence is available to change such status. Such proof is mostly based on evidence, confession, admission, and refusal to take oath  [40]  . This principle of law is referred to as Istishà £b in Islamic jurisprudence  [41]  . Considered to be one of the secondary sources of law, Istishà £b has been defined as the presumption of continuity of a matter base on its previously established state. The previously confirmed state may either be legal or rational. This maxim represents a form of Istishà £b which is: accompanying what the law has confirmed to have existed in the past into the present; such as a person who bought a piece of land will be presumed to still owe it until anything that may change that presumption is proved  [42]  . This type of Istishà £b applies in cases such as presumption of continuation ownership after execution of a contract; the liability of a person who damages anothers property remains until repayment and the existence of a liability on an indebted person where the taking up of the loan is attested to  [43]  . An example of the application of the maxim in commercial transaction is where a lender claims paying his debtor; or a buyer claims paying the price to the seller; or a lessee claims paying the lessor; but the debtor, the seller and the lessor denied any payment. The statements of the party denying will be accepted. As the norm is the continuance of what has existed, these claims will not be accepted until legally proved  [44]  . Another application is when a buyer claims that the condition of a commodity he previously saw has diminished during delivery; according to Ibn Qà £sim (d. 918H), the statement of the seller will command credibility base on this maxim. Ash-hab (d. 204H) on the other hand also states that the claim of the buyer will have legal backing because the legal norm is that the buyer is free from liability (Al-Aà ¡Ã‚ ¹Ã‚ £lu barà £at al-Dhimmah)  [45]  . Hanafis have distinguished between the two by asserting that if much time has lapsed from the time of inspection of the commodity and the time of delivery, the statement of the buyer will be backed by the law  [46]  until the contrary is proved by the seller. 3.2 Let the Ancient rest on its age  [47]   (Al-QadÄ ©mu yutraku alà £ qidamih) Provided it does not violate the right of another, a thing that has existed since time immemorial will enjoy legal protection. The law presumes that something that has remained for a very long time has a legal precedence  [48]  . This is also regarded as Istishab as it is an accompanying of the past condition, whether it is a proof of ownership through evidence or the admission of a respondent. Such istishab can be relied upon provided it has not been lawfully changed which should be through evidence, admission or refusal to take oath  [49]  . This maxim is also closely related the norm is that the status quo remains as it was before  [50]  . Example of its application is that whenever ownership of a property is confirmed by either admission of respondent or conclusive evidence, it shall be presumed to continue in Sharia law  [51]  . Also where two persons claim the ownership of a property, and both provided evidence of their ownership with date. The presumption of the ownership will be in favour of the person who provides earliest date, because he claims to own the property during a time when the plaintiff does not challenge his ownership. This will remain until the plaintiff can prove the contrary  [52]  . 3.3 The norm (in Sharia) is freedom from liability: (Al-Aà ¡Ã‚ ¹Ã‚ £lu barà £at Al-Dhimmah) A person is born free from anything; and being liable of anything is contrary to the original norm (asl) of law  [53]  . Literally, the word asl means root or source, and in the context of this maxim it means the most probable (al-rà £jih  [54]  ) evidence upon which the law relies and bases its rulings. This maxim applies to both fact and law. Regarding its application to fact, the general rule is that a person is certainly free from any obligation or liability and making him liable for something is both doubtful and a contradiction of the original state of man; being born free from any liability. Claims of liabilities such as debt, obligation that was the result of later cause will only be accepted if proved through means provided by the law. In the absence of any such proof, the Sharia regards a person to have no liability, thus making onus of proof upon the person who alleges a fact or claims it. The maxim is inspired by the Prophets Hadith, peace be upon him, in which he said: the onus of proof is on the claimant, and taking of an oath is incumbent upon him who denies.  [55]  The hadith provides that the party insisting to disprove the status quo and wants to establish a recently acquired attribute is the claimant and the onus of proof is upon him; while the party that clings on the original (asl) attribute is the defendant/respondent and upon him is the oath because he is denying the allegation.  [56]   This maxim is an equivalent to what is generally known as the presumption of innocence, though this principle is more general. The expression presumption of innocence implies that it relates principally to criminal procedure, whereas the non-liability maxim extends to civil litigation and to religious matters generally. The normative state, or the state of certainty for that matter, is that people are not liable, unless it is proven that they are, and until this proof is forthcoming, to attribute guilt to anyone is treated as doubtful. Certainty can, in other words, only be overruled by certainty, not by doubt  [57]  . The maxim provides practical solutions in cases of disputes or disagreements between parties to commercial transactions. Where, or instance, there is a disagreement between the owner and a borrower, a victim and an assailant, the statement of the accused will be accepted because the legal norm is that he is free from an excess liability  [58]  . Another example is where there is disagreement on the amount of loan between the lender and the indebted; the statement of the indebted will be presumed  [59]  . Also, the statement of an agent regarding damage to a property will be accepted, likewise regarding denial of infringement and negligence, with oath  [60]  . In law however, this maxim is often referred to as: The norm (of law) is non-existent (Al-Aà ¡Ã‚ ¹Ã‚ £lu Al-Adamu). To majority of jurists, both these principles refer to the same thing, as lack of an injunction means one is not obliged to carry it out. In other words is not liable for not doing it. A second aspect of this principle also closely related to the notion of original non-existent, is original permissibility (al-ibà £ha al-asliyyah). In this concept, everything is legal ab initio, and one will not be sanctioned for either doing or omission. Jurists refer to it as permission of the reason (Al-Ibà £h al-Aqliyyah). This implies that it is a presumption of continuation of the original non-existent of injunction base on reason (aql) rather than the words of the Law-giver. This position can as well be deduced from many verses of holy Quran according to many scholars  [61]  . An example of such verses is the saying of Allah, the Most High: Those who devour usury will not stand except as stand one whom the Evil one by his touch Hath driven to madness. That is because they say: Trade is like usury, but Allah hath permitted trade and forbidden usury. Those who after receiving direction from their Lord, desist, shall be pardoned for the past  [62]  . When taking usury was prohibited, the companions of the Prophet feared the consequence of t

Prejudice in Esperanza Rising by Pam Munoz Ryan :: essays research papers

Esperanza Rising Esperanza Rising, by Pam Munoz Ryan is a novel about prejudice. Prejudice is when a superior being looks down on colored, sex, lower classes or different races of people. There were many obstacles in this novel that dealt with racism and mistreatment with Mexicans. Mexican immigrants in the 1930's suffered greatly because of the prejudice in the hearts and minds of the farm owners, lawmakers, and the American people. Business owners were prejudice against Mexican migrant workers. Miguel was very capable of working as a mechanic at the train stations, but ?they will only hire Mexicans to lay tracks and dig ditches, not as mechanics.?(120) Prejudice was also shown when the farm owners said, ?The Mexicans can only swim on Friday afternoons, before they clean the pool on Saturday mornings.?(218) Business owners were very unfair and prejudice to the Mexicans, they treated them like lower class citizens. The laws and government didn?t treat the Mexicans as Americans. Some of the Mexicans that were citizens were protesting for better pay, but immigration officials came to the fields to send them back to Mexico. ?! Americana! ! Americana!? ?yelled one woman and she began to unfold some papers.?(206) The guard ripped the papers up, he didn?t even give her a chance because she was causing problems for the government. Prejudice was shown in the laws in Mexico against women. ?As you know, it is not customary to leave land to women and since Luis was the banker on the loan, Sixto left the land to him.?(30) It was very prejudice that women couldn?t own land and it was sexist. Americans were not their cover page, free and equal, they treated Mexicans as dirty lower class citizens. Isabel?s teacher didn?t choose Queen of the May by the best grades, she chose a pretty blonde American with blue eyes. ?I did not win Queen of May!?(226) Isabel had the best grades, but her teacher was prejudice against Mexicans. Mexicans went out of their way to go to Mr. Yakota?s store because, ?At this market, no one stares at us or treats us like outsiders or calls us ?dirty greasers?.?(187-188) Americans didn?t treat Mexicans like people, they were unfair. I believe prejudice is still going on today in America and all over the world. Some women are owned by men and have to cover all over their skin completely.