Friday, January 31, 2020
Facts of the Case Essay Example for Free
Facts of the Case Essay On May 1967, Carole D. , an international model and Gerald D. , a top executive in a French Oil company got married. They established a home where they lived as husband and wife. Two years later, Carole got involved in an adulterous affair with her neighbor Michael H. Subsequently, Carole gave birth to Victoria D. and in the birth certificate Gerald was named the father of the child. Immediately after the delivery of the child, Carole D. confided to Michael H. that she had strong reasons to believe that he was the real father. A group blood test was taken which only confirmed their suspicions that indeed Michael was the real father. In light of this discovery, Carole paid Michael a brief visit at his place, during which time, Michael held out the daughter as his very own. Not long after, Carole left Michael to live with another man and later returned to Gerald. After a series of failed attempts to see his daughter and having been rebuffed by Carol a few times, Michael filed a filiation action in California Superior Court to establish his paternity and right to visitation. The child Victoria, in a cross-complaint filed through an appointed attorney and guardian ad litem, asseverates that if she had more than one psychological or de facto father, she was entitled to maintain her filial relationship, with all of the attendant rights, duties, and obligations, with both. Issues of Law: The law at issue in the case at bar is the California statute holding that â€Å"a wife cohabiting with her husband, who is not impotent or sterile, is conclusively presumed to be parents of a child of the marriage†, unless such presumption is rebutted by competent blood-group test results declaring otherwise. Likewise, a motion for which must be filed in court not later than two years from the date of the child’s birth by the husband, or by the natural father after an affidavit recognizing paternity has been filed in the appropriate period allotted by law, [Cal. Evid. Code Ann. 621(a), (c), (d) (West Supp. 1989)]. Legal questions: Petitioner avers an abridgment of his rights to procedural and substantive due process of law insofar as he was barred from demonstrating his paternity through blood tests, and that the overriding social policy of protecting the integrity of the family unit, stemming from the husband and wife relationship, prevented him from exerting his natural rights as a father over his natural daughter. He argues that the protection of Gerald’s and Carol’s marital union is an insufficient state interest to deny him the right to continue filial relationships with Victoria. Tradition espoused in marital union must give way to his inalienable natural right as a father. The main issue is whether or not the relationship between Michael and Carol, as a family unit, has been recognized as valid in society, or that history has in any way accorded special protection to their extra-marital union. Cross-complainant, on the other hand, invokes the equal-protection clause in addition to her right to due process. She argues that by denying her full enjoyment of being with her natural father, the State does, in turn, discriminate against her status as an illegitimate child. Court Opinion and Holding: The decision of the California Superior court appealed from is affirmed. The State, its laws and the society in which they are ensconced largely favor the strength and solidarity of marital unions. Absent a clear showing that neither the husband nor the wife are incapable of conceiving and bearing a child, or that the husband had no access to his wife when the child was conceived, the presumption that the child born out of their marriage is theirs can not be refuted. Presumption of legitimacy in a valid marital union is a fundamental principle of common law. The rationale for applying the presumption lies at the fact that the heirs must be protected against allegations of illegitimacy when the rights of succession and inheritance are in question. It is also a means to prevent indiscriminate and spurious claims to the illegitimacy of the children of the family in order that the stability of state and family is preserved. Michael’s claims find no meaning in the extant pages of jurisprudence and history where a man was ever successful in asserting his paternity of a child with a woman as the wife of another man in the subsistence of a valid marriage. Thus, Michael’s contention is devoid of social merit and legal cognizance. Cross-complainant’s concern that she is discriminated against as an illegitimate child is likewise unmeritorious. For one, she is considered legitimate in the eyes of law and second, she possesses all the rights and obligations of a legitimate child. No discrimination whatsoever arises. Student Opinion: Dura lex sed lex. The law is harsh but is the law. In this case, the court understandably had to uphold social traditions and legal construct against the claims of natural rights of Michael simply because the technological means of proving paternal filiations are not that abjectly convincing. The court’s adamant refusal to at least grant Michael the right of a natural father, much less give him visitation rights bespeaks of its desire to maintain social order no matter the psychological and social ramifications it may bear on both Michael and Victoria. Yet science has progressed at such a gallop that was then science fiction is now science fact. DNA typing and other competent methods of accurately confirming a person’s legitimacy, may completely trump legal rhetoric argued in this case. Perhaps, in future test cases, in light of DNA technology, the court would be more willing to deviate from the norm in favor of fathers of children outside of a legally subsisting marriage. Hopefully, the presumption espoused in this case will no longer find application before concrete and hard scientific facts and the court would be more lenient to the Michael’s and Victoria’s of society.
Thursday, January 23, 2020
Lebanon and its main problems Essay -- essays research papers fc
Lebanon Lebanon is a Middle Eastern country that is delimitated to the west by the Mediterranean and to the east by the Syro-African Depression. Lebanon borders Syria to the north and to the east, and Israel in the south. Lebanon’s climate is â€Å"Mediterranean†; mild to cool, wet winters, and hot, dry summers. Some of Lebanon’s natural resources are the limestone, salt, water and iron ore. Like any other country there are natural hazards such as dust storms and sandstorms. [ Population pressures: growth, urbanization, immigration. Lebanon’s population consists of 3, 777, 218 (this data is from July, 2004) Age structure:     ~ 0-14 years: 26.9% (male 517,356; female 496,888)      2004 estimation* ~ 15-64 years: 66.3% (male 1,197,430; female 1,305,339)      ~ 65 years and over: 6.9% (male 117,930; female 142,275) Median age: total: 26.9 years male: 25.9 years female: 27.9 years (2004 est.) Population growth rate: 1.3% (2004 est.) Birth rate: 19.31 births/1,000 population (2004 est.) Death rate: 6.28 deaths/1,000 population (2004 est.) Net migration rate: 0 migrant(s)/1,000 population (2004 est.) Sex ratio: at birth: 1.05 male(s)/female under 15 years: 1.04 male(s)/female 15-64 years: 0.92 male(s)/female 65 years and over: 0.83 male(s)/female Total population: 0.94 male(s)/female                          Infant mortality rate: total: 25.48 deaths/1,000 live births male: 28.21 deaths/1,000 live births female: 22.61 deaths/1,000 live births (2004 est.) Life expectancy at birth: total population: 72.35 years                male: 69.91 years                              female: 74.91 years Total fertility rate: 1.95 children born/woman (2004 est.) [ Economic issues: The Lebanese economy is â€Å"service-oriented: main growth sectors include banking and tourism†. There are no limitations on foreign exchange or capital movement, and â€Å"bank secrecy†is strictly enforced. Lebanon recently adopted a law to combat ‘money laundering’. Moreo... ...clared this region not to be Lebanese territory, but Lebanese resistance occasionally launches attacks against Israeli positions within it. dPossible steps to solve the conflict: The country has been able to recover from the effects of civil war throughout the years thanks to tourism. Moreover some other ways for Lebanon to recover would be foreign investment; other companies establishing their businesses in Lebanon. War in Lebanon ended in 1989 due to the â€Å"Taif-Agreement†sponsored by the ‘Arab League’. And in September 2, 2004; the United Nations Security Council, approved the â€Å"Resolution 1559†which demanded total withdrawal of Syria from Lebanon. Another fact is that since there are many Palestinians in Lebanon their civil rights cannot be granted because of problems in the past. Furthermore Palestinians could be useful for Lebanon’s economic issues if they are allowed to improve their economic and social situation; in other words integrate them. Nevertheless Palestinians have to conform to the Lebanese democratic traditions. BIBLIOGRAPHY: ~ http://en.wikipedia.org/wiki/Lebanon ~ http://www.arts.mcgill.ca/mepp/PRRN/papers/haddad.html ~ CNN news
Tuesday, January 14, 2020
A movie of social relevance †Sigwa Essay
Sigwa began with Dolly (Dawn Zulueta, Megan Young) returning to the Philippines to look for her long lost daughter. She was a Filipino-American journalist sent to the Philippines in the 1970’s to write about the rising social unrest at that time. But later, she found herself being recruited to the revolutionary and underground youth group Kabataang Makabayan. While looking for her daughter, Dolly is also reunited with her fellow comrades, almost 40 years since they last saw each other. They were Rading (Jaime Pebanco, Jay Aquitania) an urban poor out-of-school-youth activist, Oliver (Tirso Cruz III, Marvin Agustin) an arrested student activist who later became a presidential spokesman, Azon (Gina Alajar, Lovi Poe) who grew frail and weak caused by the trauma of the rape when she was arrested, and Cita (Zsa Zsa Padilla, Pauleen Luna), once a student activist now a leader of the New People’s Army. Sigwa was simply amazing. The cast was great as well as their portrayal of their roles. It seemed so real. After watching Sigwa, I have realized that the movie provided more than just a retrospect of Philippine history. It also brought me back to the First Quarter Storm of the year 1970, where I have witnessed Martial Law through the lives led by six young activists. It is more than just a commemorative film: it had relived the tempest of our country’s history and allowed us to reflect about its significance in the present. Sigwa gave us only a glimpse of how the Filipinos in the past have struggled to attain democracy, to relive the history of the Filipinos struggle against Martial Law, and to show our continuing aspiration for democracy, peace and justice. And yet through the movie, I had reflected from the country’s history how we continuously try to reach total democracy today; that the recurring problems about democracy that we are facing today are also the same in the past; watching the movie enlightened me more about the Martial Law and the events that took place during the First Quarter Storm.
Monday, January 6, 2020
Is Being A Lifestyle Choice - 1270 Words
Kassy Plambeck 915244972 TITLE Is being gay a lifestyle choice, or does it’s existence come from biological variations? Many people have a preconceived notion that being gay is indeed a lifestyle choice. In the past mental health practitioners went far enough to diagnose it as a mental illness up until 1973. Society believed that people who were attracted physically or romantically to the same sex and even both sexes had something wrong with them. Various reasons such as homosexuality being a sin and the inability to reproduce with the same sex was reason enough to put it into the category of mental illness. It was only socially acceptable for a woman and a man to be in a relationship. This is something that has puzzled the minds of many†¦show more content†¦Experiments that have been conducted in the past have shown that when monkeys are given more testosterone that they become more rowdy, and when sheep have been given the same hormone, females tend to assert more dominance (Levay 2011: 78). As f or the human species the hormone congenital adrenal hyperplasia (CAH) is found to be a reason why girls may have more masculine traits later in their lives. CAH occurs in the process of a genetic mutation during fetal development where an enzyme from the corticosteroid hormones gets pushed out of the equation thus resulting in abnormally high levels of androgens. Women who carry this hormone have more childhood characteristics that are similar to a male such as playing with boy like toys, and engaging in rough-house play (Levay 2011: 78-79). Women who have CAH also may have genitilia closer to a male’s genitals, and it affects their behavior and brain patterns. A study that was conducted first in 1968 then replicated in 2007 showed that women with CAH had more sexual fantasies and dreams, during masturbation or during sex with their partners that included bisexuality and homosexuality. There actual partners that they were either physically or romantically attracted to and eng aged with were usually women as well (Bahlburg 2007: 95) So from evidence, women who have higher androgen levels are
Sunday, December 29, 2019
Saturday, December 21, 2019
The Forge by Seamus Heaney - 1087 Words
Notes on ‘A Call’ by Seamus Heaney * The word ‘call’ has both everyday and special associations. In this poem ‘call’ contains both casual and serious meanings.The call here is the phone call home but the speaker also meditates on the idea of a person being called home to God as in the medieval play ‘Everyman’. * The opening of the poem,it could be argued, isn’t poetry,it is ordinary,everyday speech.And yet the arrangement of the lines on the page and the overall rhythm create a musical flow. * Following this opening section the poem shifts to a silent description of the speaker imagining his father at work in the kitchen garden.The four simple monosyllabic words in line four, ’So I saw him’ lead us into a detailed†¦show more content†¦It is an evocative opening. This line achieves its purpose as a first line to incite curiosity and questions, urging the reader to continue in order to find what answers lie ahead. The word â€Å"dark†has many negative and mysterious connotations; the placement of such a powerful word behind a door which promises to be opened attests to Heaney’s ability to subtly evoke resonance. * Not only has Heaney constructed the shape and the visual setting of an anvil, but he has also re-imagined the smells, sounds and tactile impressions of the experience inside a blacksmith’s shop. The shop is the â€Å"dark†of the first line; it is also a place that is no longer necessary for modern life: for instance, we no longer depend on horses’ hooves or wrought-iron nails. â€Å"Dark,†then, could refer to the unreachable past as well as the blackness of the anvil, the iron, an d the soot of the shop. * Heaney chose to use the first person pronoun â€Å"I†in the first line, although the central character in the poem is only referred to as â€Å"he.†Easily, the reference in the first line could also have been â€Å"he,†which would have tied the poem together tightly. However, Heaney has consciously created a second character, an observer to the blacksmith; the reader is fully aware that there is one character here, observing another. The tone of the character, who apparently only knows the â€Å"door into theShow MoreRelatedSeamus Heaney2504 Words  | 11 Pagesï » ¿ You have been asked to read a collection of Seamus Heaney’s poems to a 5th year class. Select 4 poems you would read and explain why. Seamus Heaney is widely recognised as one of the major poets of the twentieth century. Heaney s Poems are based on real life experiences, which can be related to in only so many ways, because of the differences in the likes of lifestyle and culture. Heaney’s poetry appeals to students as much of it deals with issues of childhood in a manner that is matureRead MoreSeamus Heaney Poems2311 Words  | 10 PagesGood Afternoon all, I have been asked before you today to discuss my opinion on the poetry of Seamus Heaney, and although this style of learning wouldn’t be what you’d be used to, I’m hoping you will all benefit from what I have to say and leave here with a clear understanding of Heaney’s brilliance, questioning the meaning behind what he has written. I have decided to take a thematic approach to this discussion rather than spend set time talking about one poem at a time, only for you to grow confusedRead More Augustan Poetic Tradition Essay4394 Words  | 18 Pagescategory of human consciousness if it does not put poetic considerations firstâ€â€expressive considerations, that is, based upon its own genetic laws which spring into operation at the moment of lyric conception. â€â€Seamus Heaney, The Indefatigable Hoof-taps (1988) Seamus Heaney, the 1995 Nobel laureate, is one of the most widely read and celebrated poets now writing in English. He is also one of the most traditional. Over a decade ago, Ronald Tamplin summed up Heaneys achievement and hisRead MoreThe Supernatural Strength In The Epic Of Beowulf1018 Words  | 5 Pages Throughout the epic of Beowulf translated by Seamus Heaney, Beowulf exhibits all the traits of an epic hero, but the most astonishing quality is supernatural strength. During the fight with Grendel, Beowulf displays incredible strength throughout his battle. Beowulf demonstrates his superpower by tearing the arm of Grendel. In the text, Beowulf has absurd strength by tearing apart Grendel’s arm from his shoulder, â€Å" Hygelac’s kinsman kept him helpless locked in a handgrip†¦ The monster’sRead MoreLove, Death and the Changing of the Seasons1077 Words  | 5 Pagesmoment’s monument. As they describe a time of hurt, happiness or a memory in that was once enjoyed that has been put into words. I am going to discuss the meaning behind, what a moment’s monument is. I am also going to find out between two sonnets, The Forge and Love deaths and the changing of the season. Weather they answer the question â€Å"the sonnet has been described as a moment’s monument’. What is the meaning of a moment, it can mean so many things. Mainly it is described as a setting to a time inRead MoreHeroism as the Main Theme of Beowulf Essay2557 Words  | 11 Pagessociety survive, because the world depicted in Beowulf is a ruthless and dangerous one. The warriors must be prepared for battle at all times. Only in the mead-hall is there any respite from the dangers of the world outside. As Seamus Heaney writes in his introduction to the poem: Here [in the mead-hall] is heat and light, rank and ceremony, human solidarity and culture (p. xv). This is why the coming of Grendel is so traumatic for the Danes. They are being attacked in Read MoreBeowulfs Heroism - Virtue or Flaw? Essay1767 Words  | 8 Pageshe is unable to forge an enduring peace for his people. Beowulf may slay the dragon, but he cannot quell the violence in the hearts of men. Thus, the poems final statement is that the undoing of man, the real â€Å"prowler through the dark†is not some Grendel, but mans own violent nature. Works Cited Halsall, Guy, â€Å"Violence and Society in the Early Medieval West: An Introductory Survey,†in Violence and Society in the Early Medieval West, (Boydell Press, 2002). Heaney, Seamus, Beowulf: A VerseRead MoreNationalism and Transnationalism in the Context of the European Union28567 Words  | 115 Pages Of new life at its term (...) The Cure at Troy Seamus Heaney, 1996 Table of Contents: Introduction 3 Structure and Methods 6 1. Nationalism: Definitions, Concepts and Theories 8 1.1. Defining Nation 9 1.2. Concepts and Theories of Nationalism 13 2. The New Europe: Nationalism reframed? 22
Friday, December 13, 2019
Live by the foma (harmless untruths) that make you brave and kind and healthy and happy Free Essays
Foma, are an everyday part of life. No one knows if there truly was a person who created the earth and all its inhabitants, or if one person can start a whole new way of life with just one idea. One must live by certain foma, but at the same time a person must know which ones not to live by. We will write a custom essay sample on Live by the foma (harmless untruths) that make you brave and kind and healthy and happy or any similar topic only for you Order Now America itself is one giant foma. There are untruths about religion, family life, war, and society in general spread all across America today. Religions are foma in themselves, for it is not certain what a religion is based on, or if the stories of that religion are even true. People, not just in America, but all around the world believe in something that has not been proved. The family lives in America are also foma. There has not been an American family found in any historical account, in which the children were perfect. Humans are, and will never be perfect. The next major crisis in America is war. Terrorists are trying to attack the country, and they expect to do so just because the country is distracted by a few anti-war protests. No matter how hard people try to argue against war, it always happens, just like no matter how hard soldiers train, they will never be fully prepared for war. Lastly, society is one large foma. Social classes seem to be taking over America. The more money a person has, the more money that person will get. However, if another person has very little money, then his or her amounts of money will just keep decreasing. The way a person walks, talks and acts all contribute to the social status of that person, therefore determining his or her own destiny. Everyone lives by at least one foma, and family life is the most important one. Families all over the world have struggled to be the â€Å"perfect†family seen on television. But no matter how hard they try, it won’t happen. The trouble with the world being all lies, is that it is hard to find a truth to live by. However, there is one: all religions are lies. People do not go to church to make themselves better in the eyes of the Lord, God, etc. Today, prayer is used for the greed of society and not for how it was originally used, to cleanse society. Religion is not worth anything to a person who sees and understands how much of religion is a foma- all of it. No one can tell you what is a truth and what is a foma. People must decide for themselves, or their whole lives will turn into lies. There is a world full of lies, all because people do what others want them to do, just so they can fit into society. A society full of lies is not a society at all, but merely one large foma. How to cite Live by the foma (harmless untruths) that make you brave and kind and healthy and happy, Papers
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