Thursday, October 31, 2019

Excavation of an early Christian catacomb- Catacomb of Priscilla Research Paper

Excavation of an early Christian catacomb- Catacomb of Priscilla - Research Paper Example One of the most phenomenon paintings presents the oldest-known image of Mary the mother of Jesus. The image depicts her nursing the Infant Jesus. This painting that emphasizes on the Key figure in Christianity-Jesus-clearly explains the significant role of Jesus in the Christian history. The significant of the image is that it gives an idea that Christianity has been in existence as early as the 2nd century. This gives confidence to Christians of the existence of their faith based on the painting that were created very many years ago. Further, the painting of Jesus and her mother serves as an evidence of some biblical perspectives. In this case, the painting can be taken to represent some fact as the artist who put together the piece of art must have been existing during the time of Jesus. The catacomb of Priscilla also has a depiction of the Annunciation. The piece of art in the catacomb explains the incident of the announcement of the manifestation by the angel Gabriel to Mary the mother of Jesus. The piece of art is represented as a ceremony festival commemorating this incident. According to the painting, an angle is seen appearing to Mary to make announcement of the birth of Jesus. Similarly, this piece of art found in the Catacomb of Priscilla is significant as it gives confirmation that the incident took place according to the records in the Bible. Art, being a reflection tool in the society, clearly shows that the story of Jesus was very much told during the time. The societies in the 2nd Century totally embraced the Kingship of Jesus and hence the many art work on the subject, (Neiman 15) In our societies today, every person is looking for proof and evidence on various incidents that are explained in the Bible. As such, various sections of the Bible have been challenged by scholars and philosophers concerning their

Tuesday, October 29, 2019

The Metamorphosis Essay Example | Topics and Well Written Essays - 500 words - 1

The Metamorphosis - Essay Example He is motivated by his need to fit into the role of being a family man. However, once Gregor is inexplicably transformed into an Ungeziefer— which is roughly equivalent to â€Å"vermin†Ã¢â‚¬â€ he is no longer capable of taking care of his family in a traditional capacity. Instead, he is relegated to being a blind, wilting creature. All of his energy goes towards looking out the window, even as his vision and perception deteriorate. He devolves from desiring to care for his family and retain his job to desiring nothing more than to delude himself into believing that his sister is playing the violin for him. He scurries out into their midst, no longer conscious as his familys need for him to remain hidden. He confronts his mother with his shriveled form and terrifies their lodgers with his uncleanliness. Ultimately, Gergors nature as a man is completely destroyed. As his family —however horrid they might be— points out, â€Å"If [this creature] were Gregor he would have seen long ago that its not possible for human beings to live with an animal like that and he would have gone of his own free will.† Gregor has lost his ability to place his family above himself, but he still retains his ability to feel affection as evidenced by the â€Å"emotion and love† he holds for his family. The obligation that he held as a traveling salesman, however, has long since faded away, taking with it the satisfactions and desires that mark him as

Sunday, October 27, 2019

English As An Additional Language

English As An Additional Language Over the past decade, there has been much discussion and research into factors affecting the performance of pupils with English as an Additional Language (EAL) in mainstream secondary schools in the United Kingdom. Recent studies in the UK have focused on the relationship between factors such as gender, ethnicity, pupil mobility, parental occupation, entitlement to free school meals and educational achievement. Nevertheless socio-economic status (SES) continues to be the most important single determinant of educational and social outcomes. The nature of the relationship between socioeconomic status and student achievement has been the point of argument for years, with the most influential arguments appearing in Equality of Educational Opportunity (Coleman, et al., 1968) and Inequality (Jencks, et al., 1973) in the United States of America, and a number of commissioned inquiries in Australia (Commission of Inquiry into Poverty, 1976; Karmel, 1973). How SES influences student achievement is not clear, and there have been many theories to explain the relationship. In one scenario, school students from low-SES homes are at a disadvantage in schools because they lack an academic home environment, which influences their academic success at school. Another scenario argues that school and neighbourhood environments influence academic success, so that low-SES schools are generally lower-performing, and that only extremely resilient young people can escape the fate of low academic achievement. How governments interpret the SES-achievement debate influences education policies designed to ameliorate educational disadvantage, so it is important to point out the contribution SES makes to achievement at both student and school level. This study seeks to find out what level of performances EAL pupils have achieved in recent years and what are the overriding factors that determine their achievement in Modern Foreign Languages (MFL). A central characteristic of provision for EAL students in mainstream classrooms in the English context is that it can best be described as patchy and varied (Bourne, 2007; Leung, 2002; Leung Franson, 2001: 155; McEachron Bhatti, 2005). Given the ever-increasing number of EAL pupils in schools, the outcomes of the study will permit me to evaluate their progress in MFL and will also aid my own professional development. The research will also aim to arm me with a wide variety of experiences outside my specialist subject area. As part of this element of the study I am required to carry out some research into any aspect of general school life, with the objective of learning through reflective practice. This study has two elements. The first aspect includes studies of how EAL pupils perform in foreign languages. This section will seek to provide interesting points of comparison between their Home Language, their English Language Acquisition and the Target Language studied. In this context, the research should also shine some insight as to whether there are other external factors such as demographics, economical or social influences that can impact on the learning of EAL learners. The second will examine the various ways in which EAL learners perform generally in English and what trends can be drawn from research over recent years. I will be looking at current concerns such as the barriers of language, the effects of schooling on children from poor families, and the kind of interventions that would make a difference adapting to a different social and school environment. The investigation will focus on the performance of pupils with EAL and I will situate this analysis within the context of a mainstream secondary school situated in London. The school in question which holds a Language College Status will be referred as School E for anonymous purposes. It is a mixed establishment which counts approximately 650 pupils between the ages of 11 -16, and where 15 % of pupils have English as an Additional Language. Ten students aged eleven to fifteen years, who are currently learning French or Spanish, agreed to take part in the study: three monolingual English speakers and seven pupils with EAL. From this sample there was one girl who was originating from Ivory Coast, one boy from Cameroon, two girls from China, two boys from Portugal, and one girl from Spain. For the most part they can be described as being relatively recent arrivals to the UK as they have arrived within the previous six months to two years with a moderate level of English, little English or no English at all. Students such as ours often have different language and social experiences than so-called mainstream or home students, but as recently settled residents they do not fit the model of foreigners learning English. In UK cities there is a good deal of movement and settlement of people from diverse backgrounds. In London schools it is not unusual to find 40% (or more) of the students from ethno linguistic minority homes (Baker Eversley, 2000). At this time there is no nationally recognised policy or strategy for EAL learners although there are individual schools and local education authorities that offer strategies, policies and expertise for these pupils. Hence the outcome of this research will decipher whether school E is adept, skilful and well resourced in EAL provision. On the first week of conducting the study, my aim was mainly to build up a good professional relationship with the pupils who took take part of the study. I also ensured finding out the correct pronunciation of each childs name and made them aware of mine. In addition, I collected their background information and use EAL levels as well as English stages to contextualise their achievement data. There is evidence to suggest that background information will ensure clarity in determining how cultural factors and linguistic experience influence progress and will also inform teachers planning. Government publications have strongly recommended the use of achievement data to target EAL learners in schools and classrooms. For example, the Assessment of pupils learning English as an additional language recommends teachers gather and use data such as gender, age, ethnicity, prior education, years of UK education, first language details including literacy, key stage test results and cognitive ab ility test scores to decide on appropriate action for individual bilingual pupils. (DfES, 2003). The research that was carried out with the EAL learners involved several weeks of informal induction that included a peer buddying arrangement to help them adjust to school routines. The emphasis for these new arrivals was on supporting English language development and promoting awareness amongst their peers and understanding of their new environment. Circle Time sessions were put in place after school to consult and involve pupils and for further developing peer support skills. As a result, students developed fantastic resources to promote a welcoming ethos around the school and classroom, by making presentations, displaying their multi-lingual posters, artwork, and booklets outlining the role of buddies. They have also consulted pupils, through written questionnaires and conducted a school assembly. I investigated MFL learning techniques using active approaches such as role play, repetition and other strategies. Simple signs with language captions were displayed around my classroom and I found that EAL students made significantly more contributions to my lessons since I was breaking instructions down and providing important teaching resources such as visual stimuli. I have used some visual support and where possible used real objects such as examples, photographs and good illustrations to facilitate learning. The majority received language support with specialist teachers and classroom assistants that took place during normal class times within the framework of the National Curriculum. Ive also implemented a club for extra languages support which was given on a one-to-one basis or in small groups during lunchtimes where conversation was taught explicitly in relevant contexts, as was vocabulary. Outside the classroom, I have used very practical methods: taking children out to local shops, walking around school and taking photographs which became meaningful to them. Hence, I intended to broaden our monolingual pupils knowledge and understanding of the wider world as I was looking for new challenges; I wanted the international dimension to become part of the school ethos, to be integral to childrens daily learning and not to be just a meaningless add-on, or a tick in the box. I strongly believe EAL pupils should be actively encouraged to value their native language. The greater the skill they possess in this, the greater the progress in the acquisition of the second. As I observed my EAL pupils partaking in English lessons I noticed that some of them were often shying away from writing, while they may have been fluent in their spoken English; their formal written assessment was much more of a challenging obstacle to overcome. I became aware that pupils ability to learn a completely new language is beneficial because it puts each student in the same boat. It also came to my attention that through learning a new language, monolingual English speakers had more empathy for those who have come into the class not speaking English. In one interview, one of my monolingual pupils was quoted as saying Its nice to have something that we can all learn together Nicola Davies, chair of the National Association for Language Development in the Curriculum, said: Language learning can be helpful as English speaking pupils encounter the kinds of problems that new arrivals face as well as promoting intercultural understanding. In addition to supporting pupils learning English as an Additional Language, School E also endeavoured to support parents. For the purpose of the study, families have been encouraged to attend normal school days with their offspring and this provided an opportunity to see parents and children engaged with others. These sessions allowed Parents who had little or no understanding of English an ideal platform to understand how schooling in the UK works. Few parents were involved in translating signs for the school and were invited into school to work alongside children and other parent helpers in the classrooms. My students and their parents were very receptive to language learning, and their experiences included several languages. For the purpose of this research I exchanged information on traditional food with a school in France and managed a live videoconference. Enthusiasm soon spread since the children were excited about learning a new language and the teaching staff motivated and inspired. This was extraordinarily motivating for our pupils and they voluntarily wrote thank you letters to the French teacher in the Target Language. Then we celebrated international events, and enriched the whole curriculum. We had themed weeks focusing on particular countries, inviting parents to lunches where pupils prepared typical dishes. One of our pupils even had a Chinese cake for his birthday! This study affirms that supporting and valuing EAL pupils previous learning is important for their development. It was also useful for the study to discover their heritage country and languages spoken in their home in order to celebrate their faith and customs. Rather than separating it into home languages, Modern Foreign Languag es and English, it was all under the umbrella of languages. Recent research has shown that there is a strong link between proficiency in the first language and the development of a second, or third. This is because the more competent EAL learners become in their home language the more competent they will become in MFL. The skills from the first language transfer across and allow the childs proficiency to grow. In accordance with all these suggestions and following on from my observations and personal experiences, I would affirm that pupils who learn a foreign language will not be detracted from learning English, rather it will support it. From my view point it is also important to allow children to use the home language in the setting if he or she wants to because if they remark that their language is recognised and valued their self esteem and identity could further develop. Language and culture are inextricably entwined and an awareness of this could assist EAL children in developing a healthy self-perception. During the study, I decided to focus on the progress of the seven EAL pupils from my sample, specifically investigating their ability in my own subject area. I had noticed that these pupils appeared to have an aptitude for learning languages, yet they were often placed in low-ability groups, so I set about gathering evidence to substantiate my theory. Furthermore, I became aware that 5 of my EAL pupils were at risk of underachieving, as they were placed in sets corresponding to their level of English rather than to their cognitive ability in MFL. I also detected that some of them were implementing knowledge of their mother tongue to facilitate the target language learning, so they could potentially obtain higher grades than native English speakers and should be given every opportunity to demonstrate these abilities. EAL is an under-researched area in the UK context, but much of the available research, including the EAL policies of School E presents similar findings. The research indicates that for EAL pupils to succeed, communication between EAL specialists and other school subject departments is vital. Researchers are unanimous in their conclusions that EAL learners should be in a set corresponding to their intellectual capabilities, regardless of their level of English, as EAL pupils make more progress and learn more quickly working alongside fluent users of English who are good language and learning role models (DfES, 2005). My two year 9 students, both from French-speaking Africa, came to the UK when they were 12 years of age and were taught French because of their background. It later transpired that French lessons were too easy for them and a decision was made to teach them Spanish instead. They were eager to learn and made incredibly good progress in Spanish, whilst also mastering English which equated to a good level of their home language. On the other hand the two girls who were from China found learning Spanish harder to grasp, this was not helped as they formed their own inner circle speaking only in their home language. The fact they arrived at School E at the same time may have played an influence to them not interacting with other students and during MFL lessons it became apparent that they were becoming withdrawn. Although multilingual family and friendship networks played key roles in supporting their day-to-day school work and future ambitions, I remarked that silence and self-study emerge as key survival strategies for these EAL students. The pupils who came from Spain and Portugal adjusted well to school life after just one year and this was reflected in their knowledge and comprehension of French. They actively participated in oral activities and became fully engaged during lessons. However they underachieved when it came down to English. A recent study at Goldsmiths College found that Portuguese students who attended mother tongue classes were five times more likely to achieve five or more A* to C grades at GCSE than those who did not attend (NALDIC, 2005), which supports the pro home culture argument. The contentious role of the mother tongue makes assessment of EAL pupils another highly complex area, for example, there has been discussion of whether all pupils should be assessed in English to preclude prejudice (Mills, 2002). Many EAL studies focus on specific ethnic groups rather than on all learners, but all investigations that I have examined emphasize the importance of valuing the mother tongue and culture of the EAL learner (Scarcella, 1990:54). Although conflicting opinions regarding treatment of EAL learners are not apparent, problems arise from attempting to put theory into practice. In 2008, OFSTED declared provision and support for EAL pupils outstanding in School E, yet I observed inconsistent adherence to the EAL policy, which appeared to place EAL learners at a disadvantage. In order to analyse the current situation, I will use my personal experience in the MFL department within the context of School E to synthesis this research. To aid research preparations, Fischer (2001) solicits, As you think about your teaching, how do you know when something really went well? What do you feel you are good at? How did you get good at it? I believe that all of these questions can be answered through teacher-pupil interaction, consideration of examination results and observance of best practice, along with learning from mistakes. For this reason, I have focused a large bulk of my research on one-to-one sessions with my EAL pupils. I carried out my research on their learning outcomes by discussing the MFL situation informally with pupils and teachers, but as this evidence will be subjective, it is not a reliable enough foundation on which to base my conclusions. My main source of evidence will be to set lists and examination results because these are totally unbiased a nd factual. The negative side of this sort of information is that it does not provide details on pupils levels of ability nor on the motivation in the subject. I will analyse the number of EAL pupils in different sets, and I predict that there will be a higher proportion of EAL pupils in low-ability sets. I will use original set lists from the beginning of the school year, before any set changes, to ensure there is no duplication of data. As this evidence is statistical, there is no potential for biased data manipulation, so I am certain that all information collected will be true and accurate. Although previous research concluded that EAL pupils should be placed in sets corresponding to their cognitive ability rather than to their level of English, prior to this I had not found any evidence that this was not happening in school E. It was perhaps presumed that schools would follow advice from professionals and heed research into the field, but this investigation has proven that in School E this is certainly not the case. Although EAL pupils in School E appear to be achieving higher MFL GCSE grades than non-EAL pupils, they are consistently placed in low-ability sets in Key Stage 3, which could have negative consequences on them gaining better MFL results. In addition to set lists, I will examine 2007 MFL GCSE results to evaluate the performance of EAL pupils. The downside is that as MFL is no longer compulsory at Key Stage 4, the GCSE group at School E was small, so I will also use 2008 mock GCSE examination results for this school. Again, this information is based on figures so there is no possibility for prejudiced conclusions. From an ethical viewpoint, it is imperative to remain objective throughout and guard the anonymity of any participants in the research. In School E, more EAL pupils were present in low-ability than high-ability sets, but the difference between top and bottom sets is significantly reduced during Key Stage 3. In Year 7, 7.4% of top set and 32.4% of bottom set are speakers of EAL a difference of 25%; in Year 8 the difference is reduced to 16.2%; and in Year 9 to just 10%. This implies that School E places EAL pupils in the bottom set until they have proven that they are capable of more, rather than giving them the opportunity to demonstrate their ability from the outset. As confirmed by the decrease in range of EAL pupils between top and bottom sets from Years 7 to 9, some EAL pupils must be proving themselves and being moved into higher-ability sets. However, previous findings that EAL pupils learn more quickly working with fluent native English speakers (DfES, 2005) are being disregarded, as in low-ability sets this is not always possible, due to the fact that non-EAL pupils are often stretching themselves to understand the work so do not have the time or ability to help EAL learners. Foreign languages are new subjects which give pupils with learning difficulties the chance to make a fresh start. However, behavioural difficulties, which are more common in lower-ability groups, also affect progress. In brief, the outcomes of previous research seem to be being overlooked, and EAL pupils are put in sets with no consideration of linguistic skills already acquired through learning English. Some manage to demonstrate a higher level of ability and move sets, but others never gain this opportunity. This further supports one of the issues highlighted by Mills (2002), that assessment of EAL pupils is extremely difficult. This study has in fact uncovered more questions than answers. At School E, although an EAL policy exists and specialist advice is available, these are often overlooked, so further research into the practicalities of the philosophy may be beneficial here. Vis-Ã  -vis GCSE results, having predicted that EAL pupils would outperform non-EAL pupils, the outcomes of this investigation show that EAL pupils may achieve higher grades in Spanish, but that French may not be affected. Further research, using a larger sample of pupils studying a variety of Modern Foreign Languages, perhaps at a language college, where all pupils must study a language to GCSE level, would be necessary to obtain a definitive conclusion. Since EAL pupils appear to perform better than non-EAL pupils at GCSE level, at least in Spanish, it would be advantageous for them to be in a high-ability set from the beginning of Year 7. From this study, it is clear that current assessment criteria for setting pupils should be modified in some way for EAL pupils, and in case of doubt, they should be placed in a higher-ability set until a more accurate recommendation can be made. What does this suggest about the experiences/expectations of EAL pupils studying MFL? This, alongside school catchment area, parental backing and degree of specialist support available in the area, is a major influencing factor that could be considered in future investigations. To discover the true national picture, research would have to be completed in a wide variety of schools across the country, as this investigation has already shown two vastly different operational approaches. The completion of this research greatly enhanced my understanding of the way in which pupils with EAL learn foreign languages, which has assisted me with developing new teaching strategies to accommodate these pupils and integrate them into lessons where they may at times be in the minority. It has also increased my awareness of the difficulties schools come up against when faced with placing EAL pupils into sets for modern languages, particularly if they arrive into the UK education system midway through their schooling, sometimes with little or no previous education in their country of origin. I am aware of the situation, in future I will always keep careful track of the progress made by EAL pupils in my classes, and at the slightest sign of underachievement, I will do my best to move them into a different set, using this research to support the case. Hopefully, however, a suitable means of assessment will be devised in the near future to test the true capabilities of EAL pupils, thus eliminating the need for such action. By making this research available to others, I hope to increase the awareness of other teachers and professionals of the actual situation of EAL pupils learning modern languages in schools today, and in doing so enable them to enhance provision for the specific needs of EAL pupils learning in our education system. In conclusion, the support setup in operation for EAL pupils at School E has been successful at identifying areas to meet the needs of EAL pupils, and it has also paved the way for further research into the domain. It has enhanced my professional development and influenced my future in teaching by making me aware of the situation and assisting me in providing evidence to substantiate what I suspected through observation of the system that EAL pupils often have an aptitude for learning other foreign languages and that their needs are different to those of non-EAL pupils, so must be met by different means. One possible way to begin meeting the needs of EAL pupils more successfully is to ensure that research findings are more extensively published, and therefore reach a wider audience.

Friday, October 25, 2019

Johann Sebastian Bach Essay -- essays research papers

JOHANN SEBASTIAN BACH   Ã‚  Ã‚  Ã‚  Ã‚  Johann Sebastian Bach was born in 1685 in the town of Thuringia, Germany where he was raised and spent most of his life. Due to a shortage of expenses, he was confined to a very limited geographical space, as was his career. This greatly affected his, in that his music was not as widley known as other composers of the time. On traveling he never went farther north than Hamburg or farther south than Carlsbad. To look back on the life of Bach many have referred to him as â€Å"one of the greatest and most productive geniuses in the history of Western music†, particularly of the baroque era.   Ã‚  Ã‚  Ã‚  Ã‚  Born to a family that produced at least 53 prominent musicians within seven generations, Bach received his first musical instrument from his father. Johann studied music with his father until his father’s death in 1695, at which point he moved to Ohrdruf to study with his brother, Johann Christoph. In the early 1700’s Bach began working as a chorister at a church in Luneburg. In 1703, he became a violinist in the chamber orchestra of Prince Johann Ernst of Weimar, but later that year he moved to Arnstadt where he became church organist.   Ã‚  Ã‚  Ã‚  Ã‚  In 1705, Bach took a one month leave to study with the renowned Danish-born German organist and composer Dietrich Buxtehude who was staying in Lubeck. Later, Buxtehude’s organ music would greatly influence that of Johann Sebastian Bach. Bach’s stay was so rewarding that he overstayed his leave by two months to be greatly criticized for his breach of contract by the church authorities. Fortunately, Bach was too highly respected to be dismissed from his position.   Ã‚  Ã‚  Ã‚  Ã‚   In 1707, Bach married his second cousin, Maria Barbara Bach, he also moved to Mulhausen as organist for a church there, but, 1708 brought him back toWeimer. He came back as an organist and violinist at the court of Duke Wilhelm Ernst, where he stayed for the following nine years to become concertmaster of the court orchestra in 1714. In Weimer he composed about 30 cantatas, including his well-known funeral cantata â€Å"God’s time is the best†, and also wrote organ and harpsichord works. Bach also began traveling throughout Germany as an organ virtuoso and a consultant to organ builders.   Ã‚  Ã‚  Ã‚  Ã‚  ... ...sical equivalents of verbal ideas, such as an undulating melody to represent the sea, of a canon to describe the Christians following Jesus.   Ã‚  Ã‚  Ã‚  Ã‚  Bach’s ability to assess and exploit the media, styles and genre of his day enabled him to achieve many remarkable transfers of idiom. For instance, he could take an Italian ensemble composition, such as a violin concerto, and transform it into a convincing work for a single instrument, the harpsichord. By devising intricate melodic lines, he could convey the complex texture of a multivoiced fugue on a single-melody instrument , such as the violin or cello.   Ã‚  Ã‚  Ã‚  Ã‚  The controversial rhythms and sparse textures of operatic recitatives can be found in some of his own works for solo keyboard. Technical facility alone of course was not the source of some of Bach’s greatness. It is the expressiveness of his music, particularly as manifested in the vocal works, that conveys his humanity and touches listeners everywhere. That is why Johann Sebastian Bach was considered one of the greatest musical composers, but more specifically one of the greatest baroque composers of all time.

Thursday, October 24, 2019

Jaga vs. D

In its Bath Star Judgment, the Constitutional Court referred to the interpretive approach followed in the Gaga v D ¶ones, a notorious case from the asses. In this essay, I argue that the recent comments by the Constitutional Court about the case clearly show that the Gaga judgment Is no longer relevant to the Interpretation of statutes after the democratic transformation. The facts of the Gaga case The Gaga case was a notorious case which occurred in the early sass's. Gaga being the accused in this case, as he was caught selling inwrought gold which is illegal.It was hen decided by the jury that he would be sentenced to â€Å"three months imprisonment suspended for three years†. Section 22 of Act 22 of 1913 read as follows: â€Å"Any person who has been sentenced to imprisonment for any offence committed by the sale of inwrought precious metal and who is deemed by the minister to be an undesirable inhabitant of the union may be removed from the union under a warrant†. Therefore Gaga was declared as being an undesirable Inhabitant and a warrant for his deportation to India was Issued. Gaga challenged this because he declared that he had not been sentenced to Imprisonment.The molester had argued this point made by Gaga by stating that even though it is a â€Å"suspended sentence of imprisonment†, it is still a sentence of imprisonment. Gaga once again argued saying that he was not physically sentenced to imprisonment. The dominant interpretive approach before 1994 as followed by the majority in Gaga. The textual approach which was used in 1950 when the Gaga case had taken place, is an approach to interpretation which was used In majority of the cases before 1994 (which was when South African came a democratic country).This is an approach hereby legislation Is Interpreted simply Just by the way It Is written. It focuses on the grammar used In the text or In legislation rather than the actual content of the case-The text base approach refers to the literal meaning of the text. There are many variations of rules of interpretation which occur under the textual approach. The primary rule of the textual approach being, â€Å"that if the ordinary or plain meaning of the words in a legislative provision is clear, that meaning must be applied†.While ordinary citizens look at the everyday meaning of legislation, the courts look at the lain meaning of the text of the cases in this approach of interpretation. The golden rule of this method states that only if a specific wording of legislation is ambiguous and has more than one meaning in the dictionary. Also if the ordinary meaning leads to such absurd results, it will be Impossible to use the actual words In legislation to Interpret any case at all because by the courts applying the plain meaning of the text It would lead to them reaching a decision which would be rather Irrational.In these circumstances where the actual text cannot be used or ciphered from correctly then the court can turn to a number of secondary aids. Information other than the wording of the specific section. These aids are called internal and external aids. Internal aids include : â€Å"the same legislative text in another official language, the preamble, the long title, the definition clause, legislative purpose statements, interpretation guidelines, headings to chapters and sections, paragraphing and punctuations and schedules. â€Å".External aids such as the constitution and the bill of rights can also be used when the text isn't clear and sufficient enough to come to a final decision or conclusion. In the case of Gaga the literal meaning of Section 22 of Act 22 of 1913 was applied because it did state that any offender would be considered as being an undesirable inhabitant and would be sentenced to imprisonment and this was exactly what happened to Gaga. No other facts of the case were taken into consideration and nothing was investigated thoroughly or further, therefore I feel this approach is rather orthodox and is not relevant to be used currently.It was Just simply the literal meaning of the act taken into consideration here. The court insisted on the plain literal meaning and applied it o the Gaga case, it was a decision that was simply to make and so Gaga was issued with a warrant for his deportation to India and sentenced to three months of imprisonment, suspended for three years. This approach is a very narrow approach and I feel it doesn't really give an accurate indication of anything because there are very few texts that are actually clear enough whereby the court can actually reach one final interpretation of the legislature.In this approach the court also has very â€Å"little law-making capacity'. In my opinion this approach is no longer valid and should to be used as there is very little to actually work with, it isn't open minded and will not help reach the best verdict. The alternative interpretive approach followed by the minorit y in Gaga This refers to the contextual (purposive) approach or also can be called text-in-context approach. This approach has been used even before 1994 in certain cases from time to time.This approach however has been overshadowed by the textual approach. In this approach â€Å"the context of legislation, including social and political policy directions Is also taken into account to establish the purpose of legislation†. Here the mischief rule is used. This rule makes use of external aids which include † the common law, whatever new remedies the legislature provides, and the true reason for the remedies. This approach provides â€Å"a balance between grammatical and the overall contextual meaning†.This approach takes into consideration the actual scope of the legislation and not Just the plain text or the grammatical meaning like the textual approach does. The court has a creative law making function when interpreting legislation. However this does not mean tha t the court gets to take over completely by paving all the legislative power. The interpretation process is not complete until â€Å"the object of the scope of the legislation is taken into account†. This is yet another reason as to why the new interpretive approach or rather the contextual approach is relevant to be used now rather than the textual approach.In certain cases sometimes the wider context could prove to be more vital than the actual legislative text. In this approach firstly the meaning of the text and the context needs to be determined, once this is done the second step is to apply this when interpreting. Bath star case. Section 39(2) of the constitution contains a provision dealing with ordinary statutory interpretation. The constitution being the supreme law of South Africa, it is only right that it is referred to when interpreting legislation. Section 39(2) implies that even where the ordinary meaning of the legislation is clear and unambiguous, the interpre ter must still try to ascribe the meaning to those words that will best promote telecast one identifiable value enshrined in the bill of rights†. The Bath star case was a case about the allocation of quotas in the fishing industry. The number of fish that's allowed to be caught when deep sea fishing is limited by the quota system. The quota which each fishing trawler is allowed to catch is determined by the minister of environmental affairs and tourism in terms of the Marine living resources Act 18 of 1998.The Bath Star fishing company lodged a complaint that the quota which they had been allocated for the year was too small. Len section 2 of the marine living resources act there is a list of objectives given and it states that the minister must â€Å"have regard to† these objectives when quotas are being allocated. In this case Bath Star argued that only the textual approach was used because the ordinary meaning of the phrase â€Å"have regard to† was construed by the courts to mean â€Å"bear in mind† or â€Å"do not overlook†.In the statement made by the court they accepted that this was true. The phrase should have been looked into according to the context that it occurred in. Therefore the contextual meaning had to be looked into and not Just the textual approach because it is no longer relevant that Just the ordinary text or meaning of the words be taken into account, but in the new interpretive approach it is â€Å"the repose of legislation and the values of the constitution† that needs to be examined before any kind of decision is reached or before finalizing the verdict.The Bath Star case is a perfect example of why the textual approach is not recommended for use in this day and age where everything has now become more complicated and needs to be thoroughly interpreted so nobody feels that they have been cheated in any way. Words and phrases have a way of being misunderstood so therefore facts need to be collec ted when handling such cases and this can only be done when the purposive teeth is used.By this case it is also made clear that † the primary and golden rules of textual interpretation do not apply in our law anymore† Conclusion The supremacy of the constitution has overturned the interpretive approach to the contextual method of interpretation. I believe this was done so simply because it is proved that it is indeed the most appropriate and accurate approach to use when interpreting legislation.The text and context of the legislation as well as law cases must be balanced and it not Just be the text that's taken into consideration therefore he Judgment used in Gaga case can no longer be used for the interpretation of statutes after the democratic transformation.I believe there are far too many weaknesses in the textual approach as it leads to many misunderstandings which creates further problems and disrupts normality, this is evident in both the Gaga and perspectives an d therefore I do not support the textual approach used in the Gaga case as it only takes in the literal meaning of the text into consideration and ignores all other aspects. The contextual approach is thus the method which should be applied.

Wednesday, October 23, 2019

Discusses Confucius contributions Essay

Confucius’ life was of tremendous importance in the forming of Chinese culture. Confucius’ plan and simple approach to life, revealed his deep seeded beliefs that through great human effort one can shape their own future. He had great faith in the ordinary man and believed that they are teachable and perfectible. Confucius believed that ordinary humans could be come awe-inspiring with wisdom and great knowledge. The quest to improve one’s â€Å"self† became deeply rooted in the Confucian heritage. Confucius’ concept of moral rectitude was considered part of the pursuit to becoming the perfected person. Confucius was devoted to learning and teaching. His teaching emphasized self-improvement and moral rectitude. When his words â€Å"for the sake of the self† are explored it becomes clear Confucius was constant in his belief of self-improvement through out his life and his work. Confucius was a philosopher, teacher and political figure that lived from (551-479 BC) in the state of Lu, now know as the Shandong province. He was a member of the minor aristocracy and bureaucratic class during that time. By the time of his birth, his family had apparently become poverty-stricken. He was known for his conservation of the traditions of ritual and music of the Chou civilization. At an early age, it was apparent that Confucius was dedicated to learning. Confucius’ father died when he was three years old and this probably had a huge impact on his family’s class. The lose of his father and his family being poverty-stricken must have been key factors that set him upon his ambitious journey to improve human kind, governments and society. His mother was his first teacher and he developed an emphatic quest for knowledge. It was a common practice for aristocratic families to hire tutors to educate their sons, but Confucius was one of the first persons to devote himself totally to learning and teaching for the sole purpose of transforming and improving society. Confucius was also a dedicated government servant. He served in government posts where he managed stables and kept books. At the age of nineteen Confucius married a woman of similar background. Confucius’ early influences are all contributing factors that made him a young and wise  scholar during his time. Confucius concept of â€Å"moral rectitude† was evident because he wanted to make education available to all men. He believed everyone could benefit from learning and self-cultivation. Confucius established a humanities program for leaders, paved the way for education to all and redefined learning as not only the acquisition of knowledge, but also as a character builder. Confucius primary role of education was to provide the proper way of training noblemen. This education would consist of continuous self-improvement and frequent social interaction. To personally achieve the goal â€Å"for the sake of the self†, Confucius mastered six arts: ritual, music, archer, charioteering, calligraphy and arithmetic. The art that became most important was that of â€Å"ritual†. Confucius was actively involved with the government. It was his desire to have a rebirth of the ideas and institution of a past golden age. Confucius hoped to integrate the ritual of those times into the government and family life. He believed this could only happen with ideal rulers such as the legendary sage-kings Yao and Shun. Confucius believed that the ethic of an ideal ruler would translate to a moral state. The ideal ruler would cultivate virtues of benevolence toward others, a general sense of doing what is right, loyalty and diligence in serving one’s superiors. The â€Å"moral rectitude† according to Confucius could also be taught and handed down by performing rituals. Ritual acted as guidelines for people to follow in any given social situations. Ritual could vary considerably depending on age, social status and gender. Confucius contributed to some specific rituals and values but also the importance of the past and hierarchy of the social classes. Rituals be came â€Å"the way† to act. Most East Asian societies continue to be influenced by Confucius teachings, valuing the community, the family, and other social relationships over individuality and uniqueness. The Confucius influence encourages support of education and learning from books and from the past, refinement of social rituals to smooth the relationships of people in a community. The western  culture has vastly deviated from Confucius teaching. Each day the western culture ignores more rituals and become more self-absorbed. A glance at today’s headlines or reality TV makes this obvious. Today there are still some existing rituals and moral behavior, but the boundaries blur with each generation. What Confucius provided was a definition of ethics and morally characterized by personal actions and rituals. A simple way to understand Confucius thoughts is to gain an appreciation of the varying levels of honesty. Over time, they developed into the following form: *Li – ritual. Propriety or politeness, Etiquette. This concept originally meant to sacrifice. The term later expanded to secular ceremonial behaviors and then even more diffuse mean, that of propriety or politeness. This expanded the term to everyday life situations. Confucius was revered as the authority on ritual behavior. *Ziao or Hsiao – filial piety. Respect and obedience. The was considered to be the greatest virtue and was shown towards the living and dead. The term ‘filial’ means â€Å"of a son† and therefore denotes that a son should have respect and obedience to his parents. This term was expanded to other relationships such as ruler and subject, husband and wife, elder brother and younger brother, and that between friends. The duties and ritual where prescribed for each of these relationships. Eventually this term was integrated into the Chinese legal system. An example of this would be that a child would be punished more harshly if the crime were against a parent. *Zhong or Chung – loyalty. This term is equivalent to filial piety, but on a different level. This term apply predominantly to the social classes of ruler and minister. In a case of Zhong, a minister should obey the ruler because he has the higher (anointed by god) authority and therefore that maked it the right thing to do. *Ren or Jen – humanness. The relates to the â€Å"Golden Rule† This term is best described by Confucius version of the Golden Rule, â€Å"Do not do to other what  you would not like them to do to you.† *Junzi or Chun-Tzu – the gentleman. The ideal towards which all strive. This term mean â€Å"son of a ruler†. This term implies that a gentleman are always expected to act as moral guides to the rest of society. Gentlemen are those who cultivate themselves morally and who personify the other characteristics of honestly. Confucius is exclamatory of this concept Confucius was a man of great vision. The politics of his time did not allow his philosophy to flourish, but he did provide an awakening to human king. He was perceived then and now as a heroic conscience. Confucius teaching remains enormously influence today, but unfortunately, they are not always taken to heart or practiced. Today’s politicians could learn much from his teaching. One of Confucius’s principal legacies, the notion of the enlightened civil servant, is not a prevalent as it should be in the modern word. Humankind moves forward, but sometimes we forget to bring the greatness of our history with us.