Friday, June 7, 2019

Waiting for the Barbarians by J. M. Coetzee Essay Example for Free

Waiting for the Barbarians by J. M. Coetzee EssayAll this erotic behavior of mine is indirect I prowl ab show up her, touching her face, cargonssing her body, without entryway her or finding the urge to do so. But with this cleaning woman it is as if there is no interior, only a surface across which I campaign back and forth seeking entry. Is this how her agonyrs felt hunting their secret, whatever they thought it was? pg.43.One of the central figures in J. M. Coetzees Waiting for the Barbarians is the barbarian young woman. The Magistrate finds the girl maimed and or so blind after being interrogated and tortured by the ruthless Colonel Joll, and takes her in. The Magistrates relationship with the girl revolves around his search for the girls significance he questions her about her torture, he attempts to meet her through her physical surface, and tries to use up her as the key to unlocking his confess meaning. Ultimately, the Magistrates treatment of the barbarian g irl mirrors her treatment by Colonel Joll they both use her as a tool in their respective searches for hunch forwardledge.The parallels among Joll and the Magistrates behavior towards the barbarian girl can be seen in the selected passage. The Magistrate is going oer his conduct towards the girl in his head, and expressing some puzzlement as to the motivation behind his actions as well as over their lack of fruition. He puts effort into making romantic gestures towards her, except does not sleep with her, nor does he really require to. He seems to want something from her, but is unsure about what that is or how to go about getting it. This makes the woman seem mysteriously full of meaning and yet impenetrable to him, in more ways than one.His last thought is to compare his search for meaning in his relationship with the girl to her torturers search for an elusive secret from her.By describing his own behavior as indirect, we get a sense of the Magistrates own lack of uncloudedn ess towards the subject. He makes erotic overtures towards the girl, but he makes them indirectly, implying that his goal is not to seduce the girl but what his true intentions are remain unclear, even to him. The Magistrate does not take in his fascination with the barbarian girl. This can be illustrated on pg. 40 wherehe asks her not only why she is with him, but also, why do I want you here? He tries to analyze his relationship to the girl and use it to somehow get a better understanding of who he is.However, his philosophical questions get some answers from her, and none that satisfy him. He focuses his interest on her scars and what transpired during her torture sessions, questioning her incessantly. He bathes her and massages her with almond oil, paying special attention to her injuries. Using his hands to encounter all over her body, repeatedly he tries to recreate in his mind the whole of what she was like before the torture, the whole of the person she is and was. Yet it seems to him as if she has no interior, only a surface across which I hunt back and forth seeking entry. Because he cannot find her interior, or the meaning that she holds for him, he blindly searches the physical surface for meaning.The Magistrate tries to interpret his own meaning through the girls body. Like the wooden slips covered in barbarian characters that the Magistrate polished and pored over for so more hours, her oiled body becomes a text to decipher his own meaning. When she grudgingly reveals some of the torture methods used on her, it does not bring her and the Magistrate any nestled together, neither does it bring the Magistrate any closer to understanding her interestingly enough, it functions to channel the Magistrate more insight into Jolls character and his relationship to him. Her scars are like the ugly legality of the Magistrates quiet complicity in the atrocities committed in the name of Empire that he must bring himself to reconcile with, by looking at them and feeling them over and over again.Once the Magistrate begins to realize the role he had in facilitating the acts of torture, and how horrendous they truly were, he also begins to see the similarities between Joll and himself. The verbs the Magistrate uses to describe his own actions towards the girl in the selected passage, such as prowl, hunt, and even seeking create an image of a furtive predator rather than a lover. This is a manifestation of the wrong-doing he feels for his part in her injuries.But we do not get a real sense of threat or danger from the Magistrate because he states that this huntsman is non-invasive he does not enter her and has no urge to do so. Even the phrases touchingher face, and caressing her body, which normally would invoke intimacy, when put in the context of prowling give the impression of a hunter thoroughly examining the pelt of its prey. It is easy to make the connection between this image and the image of the Magistrate examining the barb arian girls broken ankles and scars.Joll and the accomplice torturers are also referred to as hunting the girlwhile Joll was aggressively searching for a secret he never found, the Magistrate hunts for how to figure her out and enter her surface, which he also fails to find. However, they both hunt for some sort of meaning from this girl, suggesting Jolls use of her is similar to the Magistrates use for her. Joll tortures her to try to get secret information about an impend barbarian offensive attack (which turns out to be nonexistent information in the first place). However, he still hunts the truth from her until she is left blinded and crippled.The Magistrate presses for expound of her torture, harasses her with philosophical questions, and engages in his cryptic washing and oiling rituals while searching for meaning through her body. In his various ways he also tries to hunt out meanings from the girl, and he comes to realize his relationship to the girl thus mirrors that of J olls. They both use the girl as a means to some desired end of knowledge, whether it be a secret of war or a secret of why. Furthermore, the Magistrate comes to see his mirroring of Joll might not just end with the barbarian girl.The girl ultimately serves as the interface for the Magistrate to see the parallels between himself and Joll. It is significant that the Magistrate takes up with the girl only after Joll has discarded her- the fact that the Magistrate must have overseen her arrival with the soldiers was a come about thought of his. However, he had no interest in her until after Joll had left her permanently handicapped.The Magistrate eventually comes to see that his attempt to connect with the woman was an attempt to fabricate Jolls footsteps to understand the manand his actions by putting himself into an intimate relationship with the barbarian girl. But he also does this to distinguish himself as different from Joll he regretted he could not engrave himself as deeply (p .135) on her as Joll had, but he wished to leave the mark of his pseudo-loving on her rather than the marks of pain and torture she had from Joll.The relationships the barbarian girl has with Colonel Joll and the Magistrate are similar in that both use her as a tool in their respective quests for knowledge. Joll tries to coerce her into saying something to relinquish an attack on the barbarians, while the Magistrate tries to use her to interpret himself and his role in the Empire, but they both believe that she is the key to unlocking some truth they seek. They both use the girl for their own purposes, without any regard for her as a person, and Joll treats her very cruelly.The Magistrate cares for her physical well-being, but he does not truly attempt to get to know beyond her surface, and only attempts to understand her through what function she serves in his life. Eventually he realizes through his relationship with her how many parallels exist between him and Joll. The girl sta nds between the two men as a one-way mirror that they both use, but gradually becomes two-way for the Magistrate, allowing him to see the Joll alter ego mingling with his own reflection. Coming to accept this also means collapsing some of the distance that he had mentally established between himself and Joll, and likewise accepting a certain care in the responsibility for all the atrocities committed by Joll in the name of the Empire.

Thursday, June 6, 2019

Band of Brothers Essay Example for Free

Band of Brothers EssayThe book title, Band of Brothers, by Stephen E. Ambrose is a book that shares the risky undertaking and equivocal experience that the United States Army had to go through in human War 2. Bravery is an understatework forcet when describing the men of East conjunctions personalities. The book in reality helps the reader describe the relationships and friendships that were either directly or indirectly developed as a result of going to war.From the extremely brutal training, to the depths of enemy territory, these men developed a brotherhood that only can come about as a result of extreme situations such as preparing and training for war, as well as World War 2 itself. This book not only describes unproblematic family but other military veterans or participating service members can relate to the situations described in the book. First of all, the books title describes things very accurately.Like most military divisions, Easy Company which was a part of the 101st Airborne Division in the Army, had to go through an exhausting basic training course in Camp Toccoa in Georgia. This alone is going to establish bonds and friendships among the young men participating in this training, whether they are looking for a buddy or not. Much of Easy Company already had an unspoken brotherhood before they even came into basic training. Many of these men had grown up in the terrible time of the depression and more of them had something in common.During Easy Companys time in basic training, they not only had to compete with their selves, but with other militaries. A day or so before leaving Toccoa, Colonel Sink read an article in the Readers Digest that said a Japanese Army people had set a world record for marching endurance by covering 100 miles down the Malayan Peninsula in seventy-two hours. (p. 28) Colonel Sink precious to top the Japaneses achievement so he ordered his men to do get around. This was a very miserable journey and test for Eas y Company but they accomplished more than the Japanese Army had.War in itself is a competition but this book also examines with detail, the miniature competitions that occurred during World War 2. This march helped bring the soldiers together even closer and it also gave them the confidence and conditioning they needed to go into the brutal battles of World War 2. virtually importantly, trust develops between these men because they are confident that they have well trained soldiers going into battle with them and not people that are going to snarl their feet. They were prepared to die for each other more important, they were prepared to kill for each other (Pg. 1).The first battle which was the invasion of Normandy proved to be an shopping center opener that would just only strengthen the bond and brotherhood that Easy Company had. The pure terror of landing in Normandy and facing the Nazi German in a low vision area was at this point, the ultimate test to see if the training the y bared in Camp Toccoa was good enough. With bullets flitting and loud bangs disrupting their hearing, many of the men could not locate the rest of the group. Winters helped to organize and reunite a few men so they could have a better chance against the Germans by sticking together.Even though men were lost, Lieutenant Winters proved in a small victory that Easy Company was a highly trained group of soldiers that could get the job done in defeating the Nazis. Winters achieved this with a small group of soldiers as well. The attack was a unique warning of a small, well-led assault force overcoming and routing a much larger defending force in prepared positions (Pg. 84). Even though this gruesome battle was an center opener to the horrors of war, Easy Companys soldiers were described as confident, had a will to survive and a sense of pride.

Wednesday, June 5, 2019

Pro Social Behaviour And Islamic Spirituality Religion Essay

Pro Social Behaviour And Islamic Spirituality Religion Es pronounceSpirituality has been defined as that which gives mickle meaning and purpose in life. Spirituality can be achieved through participation in a theology, but can be much b laneer than that, such(prenominal) as belief in God, family, naturalism, rationalism, humanism, and the arts.Islam is a religion based on a total accounting entry to the will of the Almighty. The real put in for the growth of the odor is in the midst of life through trickleing out all deeds and exertions, both spiritual and worldly, as per the will of Allah. As the Quran mentions Those who spend in prosperity and in adversity, for those who curb their anger and those who forgive people. And Allah loves the charitable.In Islam there is significant emphasis on pro-social behaviour as a means to carry out the will of God. It is however seen that this aspect has non been emphasised either in formal training or informal socialisation in the invest of Islam. Accordingly a number of commentators have remarked that some of the ills presently afflicting Muslims in the sub-continent have been due to the neglect of the pro-social behavioural aspect. The present paper is an attempt to bind light on the importance given to pro social behaviour in Islam.ReligionSpirituality, definition by psychologists, Islamic philPro social port, definition, self-sacrifice, grown etcProsocial links with spirituality, other religions, and Islamic spiritualityConclusion judeo-christian, why not in norms and moral imperative, not there, so conflicts, unhappiness in society, therefore rate up spirituality, true meaning of lifeFrom an evolutionary perspective, early humans survival relied strongly on the processes of giving and dower. Religious practice has also been associated with prosocial and helping behaviors, as helping is often considered a religious obligation. Weight on giving and helping in the Judeo-Christian culture can be considered a pristine reason that prosocial behavior is a social norm and moral imperative in Western Culture today2. Similar is the case with other religions where prosocial behavior is encouraged although to what extent it has percolated down to becoming a social norm is a debatable issue.The universal presence of prosocial behavior amongst humans has long been a significant puzzle in the social sciences3. Prosocial behavior can be defined as voluntary actions intended to help or benefit some other individual or group of individuals. Prosocial behavior occurs when someone acts to help another person, particularly when they have no goal other than to help a fissure human. Actions that benefit other people or society as a whole be classified as prosocial behaviours. One of the characteristics of prosocial behaviour is that helping does not benefit the helper. It is opined that prosocial behaviour is often accompanied by a cost. Thus the decision to help others is often at a cost to the d oer. Prosocial behavior has interject to be seen as key in harmonious inter in-person and group interactions.A few terms and concepts frequently overlap in all countersign on prosocial behaviour. Terms like philanthropy, altruism, spirituality, volunteerism, charity, giving, and forgiveness etc are used while discussing prosocial behaviour. It would be useful to throw light on these concepts for a fuller understanding. almsgiving is voluntary action for the common good, including voluntary giving, serving, and association. The key mechanisms that have been identified as determinants of philanthropy are (1) awareness of need (2) solicitation (3) costs and benefits (4) altruism (5) reputation (6) psychological benefits (7) values (8) efficacy. One of the explanations of prosocial behaviour is that people are motivated to stomach in ways that help them attain some goal. frequently ones own image becomes the prime mover in prosocial behaviour. Thus considerable prosocial behaviour is motivated by reputational incentives. Altruism on the other hand is performed without any reputational incentives. However personal gratification as a reward cannot be ruled out even in altruistic behaviour. It is also seen that societal pressures and norms restore peoples choice of behaviour. Often people evaluate their lives and find that there is a need to make it more fullfilling by engaging in prosocial behaviour.Giving is viewed as a positive thing to do, especially when giving reduces inequality and when giving is less costly, recipients are not to blame, and is more effective. Giving may contribute to ones self-image as an altruistic, empathic, socially responsible, agreeable, or influential person. In addition, giving is in many cases an almost automatic emotional response, producing a positive mood, alleviating feelings of guilt, reducing aversive arousal, congenial a desire to show gratitude, or to be a morally just person. There is ample evidence from studies on he lping behaviour that helping others produces positive psychological consequences for the helper. There are some(prenominal) reasons why humans may have pleasurable psychological experiences upon giving people may assuage feelings of guilt (avoid punishment), feel good for acting in line with a social norm, or feel good for acting in line with a specific (prosocial, altruistic) self-image. Clary and Sneider4proposed a model identifying the factors that initiate volunteerism. They found that it is a combination of the desire to be altruistic, longing to be part of a group, wish to reduce guilt, and the desire to acquire knowledge and skills.Religious texts of all major religions encourage prosociality amongst their believers. The hypothesis that religions facilitate costly behaviours that benefit other people has been diversely tested and commented upon. It has also been pointed out that the acute human sensitivity to prosocial reputation is a psychological mechanism, originating unrelated to religion that evolved to facilitate strong reciprocal cooperative bonds within groups5. It is seen that the threat of being found out therefore became a strong motivator for good behaviour. Norenzayan Shariff6point out that religious devotion is pass judgment to be context-sensitive, with clear boundary conditions and religious situations habitually facilitate prosocial behaviour. It has also been seen that if religiosity is related to prosocial behaviour in some contexts, it is possible that having a prosocial angle of inclination causes one to be religious.Spirituality is a universally accessible state of mind. It is inexplorable tied to the concept of religion. Pergament7discussed the question of what makes religion special and concluded that it is the unique summation and function of religion that makes it special. Thus the defining essence of religion is the saintly that refers to things set apart from ordinary life because of their connection to God, the holy , the divine to transendent forces, Ulitmate truths and Utlimate reality. As Baumgardner and Crothers8put it, religion is not just a set of beliefs and practices it also involves how these beliefs are used to answer lifes most profound questions and cope with lifes most difficult challenges. Pargament defines religion as a search for significance in ways related to the sacred and spirituality as a search for the sacred. Religion and religious behaviours manufacture the many ways in which the search for the sacred becomes organised and sanctioned in society. Thus spirituality becomes a means to address lifes most grand questions. It would be interesting to examine the definition of spirituality as proposed by Hill et al9who define it as the feelings, thoughts, and behaviours that arise from a search for the sacred people can take a virtually limitless number of pathways in their attempts to discover and conserve the sacred. These pathways to the sacred may also be draw as spiritu al strivings, which include personal goals associated with the ultimate concerns of purpose, ethics and recognition of the transecndent.Prosocial behaviour as it is understood can be classified in deuce broad groups on the basis of motivation, one a purely secular prosocial behaviour where actions to benefit others originate purely out of secular and personal concerns with no obvious and satisfying benefit to the giver / helper. On the other hand a religiosity driven prosocial behaviour is where there is definite benefit to the individual in the form of promised salvation or pay offs as a result of following strict religious injunctions and duties.Let us take the fashion model of Islam to examine how religious injunctions and prescriptions enjoin upon its followers to engage in behaviours that could be termed as prosocial behaviour.Islam is a religion based on a total submission to the will of the Almighty.According to Islam, Allah has appointed the human soul as His Khalifah (vic egerent) in this world. He has invested it with a certain authority, and given it certain responsibilities and obligations for the fulfillment of which He has endowed it with the best and most suitable physical frame. (Maududi). In his capacity as the vicegerent (Khalifah) of God, man is answerable to Him for all his activities. It is his duty to use all the powers that he has been given in accordance with the Divine will. He should utilize to the fullest extent all the faculties and potentialities bestowed upon him for seeking Allahs approval.In his dealings with other people he should behave in such a way as to try to please Allah. In brief, all his energies should be directed towards regulating the affairs of this world in the way in which Allah wants them to be regulated. The better a man does this, with a sense of responsibility, obedience and humility, and with the object of seeking the pleasure of the Lord, the nearer will he be to Allah. Islam rejects and condemns the asceti c view of life, and proposes that the spiritual development of man would take place not outside this world but inside it. The real place for the growth of the spirit is in the midst of life and not in solitary hibernation. In Islam, spiritual development is synonymous with nearness to Allah. Distance from Allah signifies, in Islam, the spiritual fall and decay of man.Maududi10points out that what will distinguish the actions of the secular and religious will be the nature of their relationship with Allah and the aims behind their actions. Whatever a religious man does, will be do with the feeling that he is answerable to Allah, that he must try to secure Divine pleasure, that his actions must be in accordance with Allahs laws. A secular person will be indifferent towards Allah and will be guided in his actions only by his personal motives. This difference makes the whole of the material life of a man of religion a totally spiritual venture, and the whole of the life of a secular pe rson an existence devoid of the spark of spirituality. Thus spirituality is linking of actions to the purpose of life. Actions on their own, without using this framework are just actions or material constructs.The Islamic road to achieve spirituality passes through several stages, starting from Iman (faith) and progressing towards Itat (obedience, subservience), Taqwa (piety, Allah consciousness), to Ihisan (Godliness). Faith (Iman) in Islam is a state of happiness acquired by virtue of positive action and constructive conceptions as well as dynamic and effective measures (Hammudah AA11). According to Islam, true faith has a decisive effect on the spiritual and material lot of man, and also on his personal and social behaviour as well as his political conduct and economic life. There are numerous references in the Holy Quran and traditions of the Prophet on this aspect.The laws of practical ethics in the holy Quran rest largely upon the principles of justice, but charity, philanthro py, generosity, gratitude and sincerity are also recommended. Strict honesty is demanded in business dealings, with just balances, and upright intentions. Lies of all kinds are condemned, the taking of bribes is strictly forbidden. This is especially the case in take to trusts concerning orphans. Wrong to the orphan is held to be a grievous sin, and in many Suras of the holy Quran there are one or two verses which say in effect Do not touch the property of orphans. Charity and philanthropy occupy a very important place. There are several commands like Pray, give alms, and the good which you do will find with God, who sees all your actions (Patrick, 1901).Thus we see that one the one hand, Allah commands man to follow all is commands and injunctions, until now at the same time prescribes a prosocial behavioural path for him to follow. In essence, the spirituality of Islam is in fact the righteous and prosocial behavior with the knowledge that it is being done with the pure intent ion of pleasing Allah.

Tuesday, June 4, 2019

Movement from Byzantine Period to Early Renaissance Style

Movement from tangled Period to Early metempsychosis ardourThe transition from the problematic period to the early on metempsychosis as seen through the constitutes of DuccioContents (Jump to)Abstract portalLit seasonture ReviewChapter One bloody shame of the Francis send aways and The Rucellai bloody shameChapter Two bloody shame and Child and Maest,Conclusions and RecommendationsBibliographyAbstractThe purpose of this study is to assess the rationale for accepting the notion that the works of the Italian painter Duccio di Buoninsegna work made a significant impact on the agency in which the transition from Byzantine to conversion dahs can be determined.The dissertation foc routines its attention in subdivisionicular on the period in the region between 1270 to 1311 in which epoch Duccio was commissioned to paint a number of significant and high indite works namely bloody shame of the Franciscans, The Rucellai Madonna, Madonna and Child and Maest. Using these four maste rpieces as the basis for analyzing their use of form, composition and the subtle find outs of a much to a greater extent(prenominal) than realistic and humanistic quality. This will be compared to Duccios innovative relationship with the Renaissance period in contradiction to the some(prenominal)what basic carriage more than associated with the Byzantine era that he was functional in.IntroductionIt is important perhaps to begin with an over solely definition of what is meant by Byzantine and Renaissance painting in order to put the check up on of where the artist Duccio resides in this discussion.The Byzantine art movement was active from the period spanning the 5th century AD to 1453 during the time when the Byzantine Empire was the most dominant. The period was centered on the Orthodox Church and featured painted icons, and decorative churches with mosaics and frescoes. With the fall of Constantinople (Istanbul today) to the Turks in 1453, the Byzantine style besides en ded. This occurred during the European Renaissance era but the influence of Byzantine art remained strong in Russia, and other areas where the Orthodox Church was influential. The Byzantine style essentially grew out of traditional designs involving saints and biblical stories as intimately as religious symbolic decoration. Figures represented in this period do not strike inwrought forms with human figures depicted as un indwellingly long, any emotion portrayed is limited formal and still, and the facial expressions are conventional and one dimensional. The most great(p) figures to be painted during this era are representations of Christ and the Virgin Mary, the apostles, the saints, Bishops and angels. The political structure of the period revolved a finish out the emperor who was believed to be divinely set by God. nontextual matter played a large role in visualizing his powers with images of gods, goddesses, cherubs, and personifications of virtues.Most historians believ e that the birth of the Renaissance occurred in Florence, Italy during the fifteenth century, but the advanced movement can be seen to have been growing and developing at least a century before this. Evidence to back this theory up will be presented throughout this opus. In particular the most well known f these painters is Gioto, who is referred to in a number of instances within the carcass of this text edition. He introduced an early three dimensional quality to his work however the perspective was inaccurate and unsophisticated, a little like that of Duccio, with figures in paintings often hovering in dummy in a shallow depth of field.The Oxford English dictionary definition for Renaissance is The Concise Oxford Dictionary of Art and ArtistsATerm meaning rebirth applied to an quick and exquisite movement that began in Italy in the 14th century, culminated there in the 16th century, and influenced other parts of Europe in a great mixed bag of ways. The notion of a rebirth refers to a revival of the values of the classical world, and the excogitation was used as early as the 15th century, by Italians who image they were living at a time when the qualities of ancient art and literature were blossoming a parvenu after centuries of barbarism. In the following century Vasari gave the idea of such(prenominal) a revival a systematically developed form he thought that art had declined in the Middle Ages, had been set once again on its true path by Giotto, and had risen to its greatest heights in the work of his friend and hero Michelangelo. To modern historians this mental image seems much too simplistic, and the Renaissance is seen more as a period of gradual change than as a sudden break with the past. Nevertheless, the intellectuals of the Renaissance were the first great deal to conceive a period identity for themselves, and this in itself gives the label certain coherence. Scholars may debate endlessly over the exact interpretation of many aspects of the period, but in the everyday historical scheme of things, the Renaissance has come to represent the time when Medieval turns into Modern and the religion-dominated world of the Middle Ages gives way to a culture more refer with the various(prenominal).Although both terms have many connotations attached to them and a broad scope of other historical references and intricate philosophies and ideologies for the purposes of this study they will be referred to in terms of their transcendence from categoric, one dimensional religious iconographic paintings to the emergence of a humanistic and realistic portrayal of people, architecture and other living things providing a numeral approach to composition and a clarity of realism.There is little documented information relating to Duccios life and career. In large part his life can just now be reconstructed, taken from the evidence of those works that have been confirmed as his own. The use of a new stylistic approach provides enou gh evidence to declare the rationale that he was painting in accordance with very early Renaissance tendancies.Duccio is first mentioned in 1278, when the treasurer of the commune of Siena commissioned him to decorate 12 strongboxes for documents. The fact that he was officially self-employed as a painter demonstrates that he was a mature and independent artist quite early on. (Jannella, 1991) In 1280 Duccio was fined the considerable sum of 100 lire by the commune of Siena for an unspecified case of misconduct. The number of fines documented throughout Duccios life suggests that he was a wide awake and tempestuous character.Three predominant shifts took place during the Middle Ages which would drastically change the course of Western Civilization. These includedThe movement of cultural leadership from the Mediterranean to France, Germany and the British Isles.Paganism and barbarism was replaced by a new entrap appreciation of ChristianityThe ideology of the here and now moved to thinking about the hereafter. Consequently the body was seen as not so much beautiful but as corruptWith the new emphasis on religion, nudes were forbidden. Medieval artists were concerned with the soul and instructing new believers in the church. Art then became somewhat of a servant to the church.Medieval Art consisted of three styles Byzantine, Ranesque and Gothic. Duccios work is often categorised as Byzantine or Gothic.The central tradition of Byzantine Art was located at the heart of Constantinople. The prevailing view of Byzantine Art is that it was highly true to nature, although coetaneous academics criticise the aesthetic value of it, with flat surfaces and little realism, its reverse perspective radiating composition disregard for scale and depth etc.And that the main purpose of nice expression was for images to serve and elevate peoples minds to immaterial realities. Although Byzantine Art is considered more Abstract than realistic.During the early 1400s the World be gan to appreciate a broader alternative to artistic elements and influences. From Florence in Italy the new cultural appreciation spread to Rome and Venice and after 1500 throughout the whole of Europe. This new Renaissance can be attributed to the increased awareness and interest in the art and literature of Greece and Rome the natural world, realism and the science of the human body. Anatomy was studied and reflected in the way in which artists started to paint people. The attributes of the natural world, realism and the science of the human body were now universe contemplated. In addition the Protestant Reformation also change magnitude the emphasis on how religion and the church were perceived. Before the Renaissance and Reformation, pious images were treated not as art so much, but as objects of devotion which possessed the physical presence of the Holy.During this period the concept of Perspective was recognised and changed the whole visual interpretation of art. The illus ion of creating depth on a flat surface was discovered and objects could be seen to be receding in the distance. Even the materials changed from wooden panels and fresco plasterwork to stretched canvases. By the end of the 13century a birth of technically skilled painting emerged and one of those pioneers was Duccio who managed to break down the rigid Byzantine style, replacing it with a softer and more lifelike form. One doctrine cited in this paper is that of the Sienese School. To briefly explain The Sienese School of painting flourished in Siena in Italy Siena, most documented between the 13th and 15th centuries. For a time including Duccio this rivaled work plan of attack out of Florence. Although it is true to mention that it was more conservative and is more oftentimes associated with Gothic Art. Its most important members include Duccio, his pupil Simone Martini, the Lorezetti brothers, Domenico, Taddeo di Bartolo and Matteo di Giovanni, amongst lesser known others. .In Ow ens The Florentine and Sienese Renaissance A monopsonistic explanation we are reminded that Historians have long been fascinated by the origins of the Renaissance and that For art historians this fascination has appeared in investigations of the intumescency of Florence in artistic development or comparisons of Florentine, Venetian, and Northern artistic Renaissance movements. It considers the question of how the arts flourished so creatively in Florence rather than anywhere else. Declaring that Florentine artists have dominated the course of artistic development for 300 years in a straight line from Giotto to Michelangelo. It then begins to address the obvious influence which is attached to other European cities, most notably Siena. A city located less than forty miles from Florence which developed its own painting tradition and produced the Siena School. It can be argued that this school despite being innovative and receiving such early practitioners of Renaissance influence like Duccio it bypassed mainstream artistic developments that were forming in other cities such as Florence. One scholar notes .had this Sienese school not arisen we should have seen nodifference in the progress of Western painting.It is simply that Sienese painting forms, as it were, an island.The peak of Renaissance Art is apparent in the works of masters such as Leonardo, Michelangelo and Raphael.Duccio di Buoninsegna is often referred to as the Italian precursor to this Renaissance style.Born in Siena round 1255 Duccio was the founder of the Sienese school of painting. All of his work is religious and characterized by skillful composition, a decorative quality similar to mosaic work and most importantly bearing a much more emotional tone than that of the traditional Byzantine model.As one of the most important painters of the early 14th century, Duccio introduced a dynamic move away from the Byzantine style into early Italian Renaissance painting.Duccio was known for dynamic new al tarpiece designs, a striking use of landscape and people of colour, and unusual expressive relationships between the figures in his paintings. Duccio painted many pictures for the city of Sienna and one for the church of Santa Trinita in Florence. He also executed dissimilar works for a number of churches in Pisa, Lucca and Pistorla. These provided him with great renown and made him a considerably wealthy man.The first work ascribed to Duccio is the Madonna with the Three Franciscans. in spite of its damaged condition today it still demonstrates all the traditional features of the Byzantine period, but there is a definite softness and more defined features in the gestures of the Mother and Child.The Madonna Enthroned (Rucellai Madonna) On first glance epitomizes many aspects of Byzantine painting, but on closer investigation the three dimensional qualities not found in iconography are very evident. The faces possess contours, shadow and light and a hint of personality. In particu lar Marys hand is more natural looking and the two pairs of bare feet on the right and left sides are also fleshed out and real looking. They do not sport the same size shoes.These subtleties and more naturalistic, fluid lines are what provide the evidence to support Duccios work to be categorised in terms of a painter cognitive process within a style that incorporates the features of both Byzantine and Renaissance characteristics.This paper will present an overview of the discussions that seek to demonstrate this argument by way of voice using four of his most significant works Madonna of the Franciscans, The Rucellai Madonna and the later Madonna and Child and Maest.The Literature Review following on from this Introduction presents an overall and comprehensive approach to the way in which various publications, books, articles, journals and internet references were bodied into this dissertation. The subsequent chapters detail the main body of the text whilst demonstrating the fi ndings and conclusions determined from the research, together with a complete Bibliography of the references employed.Literature ReviewIn response to the challenges of researching and presenting aspects of Duccios work there was a affect to adopt a number of methods and approaches to this study. He is not featured amongst the most popular of artists and although he receives a following of academics and interested students Duccio does not necessarily receive the deserved recognition for his inspirational perspicacity and wealth of artistic material generated over a small space of time.Despite Duccio Buooninsegna not being the most well known of artists certain information is not limited due to the fact that for some reason Duccio was a well documented character during his lifetime. Biographical text books relating specifically to the painter and his working life include the highly informative Duccio (Masters of Italian Art Series) by Andrea Weber. The large, sumptuously reproduce d images compensate for the minimal amount of text. it provides a synopsis of Duccios years, of which little is compose about with regard to his private life. It documents his success as an artist in Siena and the various commissions he received. The book brings together the fragments of his Maesta and reconstructs it using a montage of photographs. distributively piece of the painting is analysed and written about, the most famous of which is the Rucellai Madonna, now residing in the Uffizi Gallery in Florence and is also explored in more depth in this research. This is a favourable book for those people who like iconic art and the work of early Italian masters.Duccio Di Buoninsegna by Cecilia Jannella is a good user friendly paperback book reference book.with over 100 color reproductions. It makes reference to the man in relation to documentation that exists regarding his financial affairs and his spontaneous spending sprees. It presumes that he was innate(p) between 1255 and 1 260, and died in late 1318 or in the early part of 1319. It is well written and extensively researchedA reasonable potted source of chronological information also exists online. The Art encyclopedia website accessed from http//www.artcyclopedia.com/artists provides other useful links to art galleries and different reference sites specific to Duccio.Sourcing texts that refer specifically to his work also exist. The most useful and comprehensive being Duccio The Maesta By Luciano Bellosi. This book combines all the elements of this famous altar piece using a series of glossy colour plates that enlarge details to actual size. We see that the central panel depicts the Madonna enthroned surrounded by saints and angels, with the back showing scenes relating to the Passion. Other panels from the Maesta portray the Apostles and the Gospel horizontal surfaceThe informative text, by a well respected Italian art historian, discusses the social and historical context of Duccios commission, as well as the artists well write relationship with his cotemporarys Cimabue and Giotto, and the influence of their work on Sienese and Italian painting.In order to gain an appreciation of Renaissance techniques in comparison to the Byzantine era Color and Meaning Practice and Theory in Renaissance Painting by Marcia B. Hall is an excellent approach guiding the reader on the field of battle of How Renaissance painters used colour to fuse their pictures, create symbolism and achieve the emotional expressiveness so lacking in Byzantine Art. Simplistic and explanatory it focuses on 20 paintings providing an shrewdness into Leonardos naturalistic use of shadow in the Mona Lisa and the way in which Michelangelos flesh toned hues miraculously link the figures in the Sistine Chapel. It also provides an insight into Titians penchant for bright, colours in order to achieve movement. The writer allows us to appreciate Hall the limited resources so many of these artists had to hand, which make s their work even great in its context. This text provides a traditional analysis whilst demonstrating a deeper scientific approach from the angle of the Conservation laboratory. The writer provides an insightful appreciation of the type of techniques incorporated between the fourteenth and sixteenth centuries. It explains how important the use of colour, light and shade is on achieving realism through art which has helped with the overall comprehension of works that have leapt from the Byzantine tradition onwards.Other places where Duccio is referenced are by way of an abundance of anthologies. In particular Artists of the Middle Ages By Leslie Ross. The identity of artists is examined in the context of their relationship to some of the most influential works of Art in Medieval history. However as with most books on this subject the artists themselves lose a great deal in translation, as so little information exists regarding their lives.Ross investigates the Medieval Art world in terms of architecture, iconography, metalwork, and sculpture, whilst summarizing the lives and work of these leading artists. What is gained from teaching this book is a factual idea of how an artists life is led, combined with a useful list of reference material as to how the work was collated. Readers are also provided with an insight into the practices and traditions of medieval art and the role those traditions played in medieval society. A helpful timeline and full index gives scholars or interested students of Art History a breakdown of the research tools that are necessary for finding more information in this field.In terms of a expressed study providing a critical analysis that connects and provides evidence for Duccio to be heralded as a founding father of Renaissance art, no specific text appears to exist, although many hint to this relationship and subtlety found throughout his work. A re-examination of long established beliefs about the early renaissance painters can be found in Painting in the Age of Giotto A Historical Re-Evaluation By Hayden B. J. Maginnis, Andrew LadisThe study is the first to discuss the theories and observations of the sixteenth century art historian Giorgio Vasari in any detail. The writers argue the origins of modern views regarding the period and the ongoing critical strategies and conventions that exist in contrast to historical reality.In an investigation of the new art of the fourteenth century, Maginnis puts forward the argument that not only was the visual concept of naturalism remarkably short-lived but that that its main pioneers were the painters of Siena and not the painters of Florence.In particular the expound analysis of Giotto the Florentine painter and architects work demonstrates that his art belonged to a different kind of trend. Through a re-examination of the historical and art-historical evidence cogitate to painting immediately after the plague of 1348 the writers determine the existence of a new i nterpretation of painting by the mid-century.Iconography, Byzantine and religious art preceding to the Renaissance are discussed in detail in Hans Belting, Edmund Jephcotts Likeness and Presence A History of the Image Before the Era of Art. This book provides an overview of the concept of Byzantine Art and its true definition. That Byzantine Art was not necessarily an art form, but much more to do with worship and the recognition of all that is Holy. Hans Belting promptings the long history of the sacral image and its changing role in European culture combined with the beliefs, superstitions and hopes, that exist in relation to peoples response and understanding of sacred images. It is an interesting source of facts relating to European Christians and their churches. Not so relevant to the immediate content of this research, yet providing significant ambit to appreciating a better understanding of Byzantine Art.There is a chapter on Early Renaissance in Horst Janson and Anthony J ansons History of Art. And an overview of Duccio from the perspective of evidence that supports his early Renassance tendencies. Janson writes In Duccios hands the Greek manner has become unfrozen. The rigid, angular draperies have given way to an undulating softnessThe bodies, faces and hands are beginning to boyfriend with three dimensional life.This is a well established classic hand book of Art History with Extensive captions provided by twentieth-century art historians speaking about specific pieces of art featured throughout.Janson has also rearranged early Renaissance art according to genre rather than in terms of any specific time sequence. Ultimately this paper is too trying to demonstrate a grounded positioning of the work of Duccio for inclusion within the Early Renaissance which does not necessarily need to be defined in terms of geographical location or specific timeframe.Sienese Painting From Duccio to the Birth of the Baroque by Giulietta Chelazzi Diniis a volume to uch the correlation between the Sienese painters namely Duccio di Buoninsegna, Simone Martini, and the Lorenzetti brothers and the dawn of Renaissance painting. It also extends to include painters right up until 1700 and charts the success of lesser known artists such as Rutilio Manetti, whose style changed radically when exposed to the work of Caravaggio. The last chapters focus on Baroque paintings but the focus for the narrative is principally early Sienese masters. It documents the struggle towards naturalism. It is organized chronologically, with well documented texts on each period and work.Additional reading from a chronological perspective includes Duccio di Buoninsegna by Curt H. Weigelt which is an early novel and the first show biography of the painter written in German in 1911, R.S. Van Marle, The Development of the Italian Schools of Painting, vol. 2 produce in 1924. This contains a chapter on Duccio published in English but providing little scope for original ideas.D uccio di Buoninsegna (1961) is an interpretation, in Italian, of the work of Duccio and boasts a number of colour reproductions of his established works Duccio (1951) by Brandi, is an Italian language text that comprehensively researches the works of Duccio from the perspective of more modern consideration. Later works in English include John White, Duccio Tuscan Art and the Medieval Workshop (1979) James H. Stubblebine, Duccio di Buoninsegna and His School (1979) Cecilia Jannella, Duccio di Buoninsegna (1991), with many colour illustrations of his work Andrea Weber, Duccio di Buoninsegna, About 12551319 (1997).The Documents and Early Sources (2000), ed. by Hayden B.J. Maginnis is one of the most modern approaches to Duccios work. It offers a series of research tools with which to take further research forward.Chapter One Madonna of the Franciscans and The Rucellai MadonnaMadonna of the Franciscans is a small Tempera on wood, Tempera being a technique using powdered pigments mixed w ith egg yolk and water. It is chronologically the first work ascribed to Duccio in the Academy of Siena. Despite its damaged condition it shows many of the traditional features of the Byzantine era , but the formal stiffness of the ancient Hodegetria (Greek iconography) type has been softened to produce the effect of a more accessible and human depiction. Yet the composition is still dignified apparent though the gestures of Mother and Child toward the kneeling figures. The overall design has been softened with its characters flowing and lucid.The picture portrays the enthroned Madonna of the protective mantle. A type derived from Byzantine Art. The three Franciscans kneeling at the virgins feet demonstrate imploring gestures and intense emotional expressions. This is a cult Byzantine image, yet one that relays far more expression than typical to the style. Particularly as her head is looking out of the picture at the watcher. Her head remains the central focal point of the compos ition, whilst at the same time maintaining a calm, concentrated devotion. The style of artistic representation captivates the audience and pulls the viewer into its world. There are fine undulating gold lines at the hem of the Madonnas mantle, which is traditional to that applied to old early paintings. But as a rule Duccio always refrained from covering garments entirely in gold.By painting the hems and seams only in gold this makes elements of the painting stand out further and encourages an carriage of sumptuousness. In Duccios time the colour that most represented glamour was the blue which was obtained from the semi-precious stone Lapis Lazuli. This was far more expensive than gold and used frequently in painting to highlight the rich ornate quality of the work. So by avoiding its use Duccio is in fact contradicting his images. Making them at once more emphasized and yet down playing them at the same time. And is in direct contrast to the Byzantine opulent representationsDucci o responds again to the contemporary desire for the modernization of Art by adapting to the French artistic model in this painting with the inclusion of French gothic motifs in their pure form on individual standing figures. This blatant clear French derivation and the measured breadth of contour, the curving of the robes hem and the smooth masses of colour make up part of a wider spatial dimension. Here the Gothic preference for linearity and flowing lines reaches its climax. This consequently encourages a pervading sense of animation and movement through expression.Duccios Madonna of the Franciscans echoes the compositions developed in Armenia and Cyprus amongst Crusader artists. It can also be identified in terms of its unique composition to being an early precursor of the Renaissance master Piero della Francescas triptych depicting the Madonna della Misericordia.Where the virgin is drawn holding back the edge of her robe the better to receive and protect the three kneeling fria rs.The elaborate combination of echoes from the Italian mosaic painter and Duccios Florentine contemporary Cimabue alongside the added softness of Duccios own unique personal touch, inspires elements of the new artistic language of the Renaissance.The features of the beseeching friars and the throne which represents a simple wooden seat placed at an angle to create an effect of perspective, reflects the teaching of Cimabue, who tutored the controversial artists Giotto. disputable in terms of his professional association with Duccio and the centuries of scholarly rivalry which has evolved in relation to authenticating their works. The unusual posture of the Childs legs is again out of context and repeats the gestures of his early Madonna of Buonconvento and the Rucellai Madonna.When trying to understand Duccios style better his Madonna Enthroned, also known as the Rucellai Madonna is one of the best examples. The Rucellai Madonna was commissioned on April 15, 1285, by the Confratern ity of the Laudesi of S. Maria Novella in Florence. This contract was discovered in the 18th century and led to the correction of the early biographer Giorgio Vasaris attribution of the Rucellai Madonna to that of Cimabue. Nonetheless the proven documentary evidence and the obvious difference in style between the Rucellai Madonna and Cimabues other paintings still lead some academics to legitimise the painting as being that of Cimabues. There are also others who are reluctant to think either responsible due to the distinctive style and attribute the work to an unknown third artist the general consensus is that the painting belongs to Duccio. There is nothing in the style of the Rucellai Madonna that makes its attribution to Duccio implausible. This fact add-on the documentation relating to the contract of 1285 certainly makes such an attribution acceptable.In stylistic terms, the Rucellai Madonna remains fundamentally Byzantine in many ways. But demonstrates a use of colour uncommo n in the late 13th century. For example the dress of the six angels illustrates an abandonment of symmetry and reveals both the deep colors of the more traditional Byzantine period teamed with pastel silvery lilacs, pinks, and light blues, giving the painting a softer and decorative appearance. This decorativeness is exaggerated by the fluid gold lines that trace the hem and opening of the Virgins mantle.The Rucellai Madonna is so refined that it excels as an example of more advanced artistic thought. Delicate hues make up the formation of the throne and the shimmering cloth of honor behind the virgin.The gold hem of the

Monday, June 3, 2019

National Waste Law

National Waste LawIt is unfortunate that the difficulties of interpreting the pronouncements from the EC are heighten by the molest of the national authorities to agree a familiar improvement to the definition of muck up.Critically assess whether case law shows a common start to the definition of devour.IntroductionIn OSS Group Ltd v environs representation, an appeal case concerning the question of when lubricating oil withdraw fromd to be rot, it was apparent that the Environment midpoint (the Agency) and the Department for the Environment, Food and Rural Affairs (DEFRA) held different views about the definition of waste and, specifically, when a waste ceased to be a waste. The Agencys view was that if the intended enforce of the visible was combustion, the hooey remained a waste until the literal had been burned, irrespective of whether the waste actual was quasi(prenominal) to a raw hearty. DEFRAs view was that man the combustion of waste lubricating oil was a recovery operation and therefore the waste oil would remain waste until combustion was completed, material burned as fuel that was get from waste lubricating oil was non being discarded, and therefore was non a waste, where the material had the same characteristics as a virgin material. The judge in the lord case, Burton J, concluded that the Agencys view was correct, and that even where a waste ceased to be waste after military operationing, it would revert to being a waste when burned.While the differences between the Agency and DEFRAs views may non have seemed particularly significant, in practice they resulted in a situation where a recovered substance could be both a non-waste and a waste expecting upon the proposed end-use of the product. This was the situation faced by Solvent Resource Management (SRM), who produced, for onward sale, product grade distillates (PGD) from recovered solvents. As a sellable product, PGD was a non-waste however, when the material was us ed as a fuel in SRMs plant, it reverted to being a waste even though there was no end by, or requirement for, SRM to discard the material.Carnwath LJ provided some clarity in the appeal by OSS, where he concluded that the Agencys view was too narrow, and OSSs products could be burnt other(a) than as fuel. Carnwath LJ considered that a practical common sense approach was infallible that was consistent with the roles of the WFD. He went on to conclude thatin the light of this judgment, it may be possible for the Department for the Environment, Food and Rural Affairs and the Environment Agency to join forces in providing practical guidance for those affected. It is unfortunate that the difficulties of interpreting the pronouncements from Luxembourg are compounded by the failure of the national authorities to agree a common approach.Evidently, Carnwath LJ considered that a common approach to the definition of waste was not being interpreted. Through a good will of the European and national case law relating to the definition of waste, it is intended that this paper will demonstrate that the European Court of Justice (ECJ) takes a consistent approach to the definition of waste, that being that either material or substance can be waste within the meaning of the Waste Framework leading (WFD), era Member States and national authorities (including national Courts) do not take a consistent approach to the definition of waste.Article 1(a) of the WFD defines waste as any substance or object in the categories machinate out in Annex I which the holder discards or intends or is unavoidable to discard.The categories set out in Annex I cover items that would typically be considered waste and would therefore require discarding, such as out of date or off-specification products, materials spilled or contaminated, unusable parts, and various production residues. However, the WFD ensures that the definition is wide by specifying an additional category, which refers to an y materials, substances or products which are not contained in the above categories. additive information on the materials and substances that are waste is provided in the European Waste List. However, the introductory notes to the argument state that the inclusion of a material in the list does not mean that the material is a waste in all circumstances. Materials are considered to be a waste only where the definition of waste in Article 1(a)is met. Determining whether a substance or object is indeed a waste will therefore depend wholly on the waste holders intention or requirement to discard the material.Varying approaches have been taken to find out whether something has been discarded, or whether the holder intends or is required to discard it. The direction planetary in his opinion in Tombesi considered that if a material was consigned to a recovery operation, it was an indication that it had been discarded and it was therefore a waste. He stated thatUnder the Directive the sole question is whether the substance in issue is subject to a disposal or recovery operation within the meaning of Annex IIA or BThe need to identify whether something had been discarded had effectively been bypassed by considering that all materials consigned to a recovery or disposal operation were waste. If it was identified that a material had been subject to an Annex IIA or B operation, it could be concluded that the material was discarded and was therefore waste. This approach was not supported in the judgment from the ECJ, however. The Advocate Generals approach in Tombesi was followed in other subsequent cases, for example Inter-Environnment Wallonie v Regione Wallone, where it was concluded that substances that were subject to a recovery process would normally be waste, and in Mayer Parry Recycling Ltd v Environment Agency, where the UK court held, on the basis of Tombesi, that scrap metal that was to be reused without being subject to a recovery process was not a waste.T he so-called Tombesi-bypass presented problems, however, since a number of the specified recovery processes could withal be normal industrial processes using ordinary raw materials that would not be classified as wastes (e.g. coal (fuel) combusted in a power station to generate electricity would not be classified as a recovery process). In ARCO Chemie Netherland Ltd vMinister von Volkshuivesting, the Advocate Generals opinion in Tombesi was not followed. It was considered that a substance consigned to a recovery operation listed in Annex IIB of the WFD was not unavoidably to be considered as a waste, and it was first considered necessary to establish whether the material in question constituted waste (i.e. whether or not it had been discarded). The approach taken in ARCO and subsequent cases was different to that of the previous cases, and the need to establish a holders intention or requirement to discard a material became the determining agent when identifying whether a materia l or substance was waste. The underlying concept of the ECJs approach to the definition of waste was stated in ARCO as followsWhether a material or substance is waste must be determined in the light of all the circumstances, by comparison with the definition set out in article 1(a) of the Directive, that is to say the discarding of the substance in question or the intention or requirement to discard it, regard being had to the aim of the Directive and the need to ensure that its effectiveness is not undermined.Essentially, the definition of waste therefore turned on the term discard. In his judgment in OSS, Carnwath LJ defined discard, as he had done previously in Mayer Parry Recycling Ltd v Environment Agency, as followsThe term discard is used in a broad sense equivalent to get exempt of notwithstanding it is coloured by the examples of waste given in Annex I and the waste catalogue, which indicate that it is concerned generally with materials which have ceased to be required fo r their original purpose, normally because they are unsuitable, unwanted or surplus to requirements He noted, however, that it was clear that this was only part of the story, and referred to a number of cases subsequent to ARCO where the ECJ had move to provide objective criteria that could be used as evidence that a holder of a substance or material intended to discard that material and, therefore, the material should be considered as waste. Some of these criteria were summarised by Lord Reed in the conclusion to his judgment in Scots Power Generation Ltd v stinting Environmental Protection AgencyFor example, whether the material is produced intentionally whether further processing is required before the material can be used and whether the material is certain to be usedwhether the material is commonly regarded as waste and whether, if it is used as fuel, its use as fuel is a common method of acquire waste. Since the status of a material has to be assessed on the basis of a comp rehensive assessment of the circumstances of the particular case, it follows that none of the detailors mentioned is conclusive in itself. The factthat a material is produced intentionally, requires no further processing before it can be used, and is certain to be used, cannot be taken in isolation as determinative of its status. He went on to consider the criteria that could be used to assess when a substance ceased to be wasteThe danger which is typical of waste is a danger of harm to human health or the environment caused by the manner of its disposal. The WFD seeks to address that danger by making waste subject to lapse designed to ensure that it is recovered or disposed of in a manner which is controlled so as to protect human health and the environment. Once a material has been classified as waste, it therefore remains subject to that supervision at least until that objective has been achieved. It is only then that the material may cease to be wasteWhen it is claimed that wh at was waste has ceased to be wasteit is accordingly necessary to assess whether that claim is well primeed. That assessment requires consideration not only of whether the material in question can and will be used without further processing in the same way as a non-waste material, but also of whether the material can be used under the same conditions of environmental protection as the non-waste material with which it is otherwise comparable, without any greater danger of harm to human health or the environment. Other factorsmay also be germane(predicate) in considering whether waste has been subjected to a recovery operation or besides to pre-treatmentThe general approach taken by the ECJ to the definition of waste, that is that any material or substance may be waste where it has been or is required or intended to be discarded, is therefore considered to be consistent throughout the case law reviewed. However, as demonstrated in the remainder of this paper, the insistence of the ECJ that whether or not a material is waste, or ceases to be waste, must be determined on the basis of whether or not its holder intended or was required to discard it, even where this has no practical relevance, results in variable approaches being taken by Member States and national authorities to the definition of waste.In 2007, the steering of the European Communities published a document intended to be used by Member States in interpreting the judgments from the ECJ. In Annex 1 to the document, a number of examples of wastes and non-wastes are given however, the examples are introduced as followsThere are many other examples that could have been used, and even the examples here may vary across the EU in some circumstances, notably if there is no certainty of use for a given by-product, or on the contrary, if use is certain for a material in a region or Member State, where this is not the case across the whole EU.Clearly, the position of the committee in considering that a m aterial might be waste in one Member State but not in another would appear to be wholly at variance(p) with the aims of the WFD, and therefore mismated with the approach taken by the ECJ to the definition of waste. The seventh recital of the WDF is particularly noted in this regardMoreover, discrepancies between Member States code with regard to waste disposal and recovery may affect the quality of the environment and the smooth operation of the internal marketWhile the ECJ may be consistent in its approach, the armorial bearing of the European Communities does not appear to be adopting an approach consistent with the aims of the WFD.Varying approaches to the definition of waste can also be seen to be taken by the Member States. In the case law this is apparent in relation to Member States failure to fully implement aspects of the WFD, and in submissions made by Member States on these and other European and national cases.In relation to Member States implementation of the WFD, t he following examples highlight well the varying approaches adopted. Germany historically excluded certain categories of recyclable waste from the scope of its domestic waste legislation, while the United Kingdom excluded agricultural waste from its definition of waste. Similarly, and more recently, Italy was found to have failed to fulfill its obligations under the WFD by excluding from its national legislation materials such as excavated earth and rock, food scraps and leftovers, and substances intended for recovery. Italian legislation historically also excluded substances or objects that were considered to be capable of economic reuse. It distinguished between waste and residues, and provided for simplified procedures for the collection, transport, treatment and reuse of residues. Moreover, certain materials with specific commodity characteristics were excluded from the relevant legislation altogether.In Tombesi, ARCO, Castle Cement, Palin Granit Oy, Mayer Parry, Saetti, and Tha mes Water v Bromley Magistrates Courtsubmissions to the Court were made by various Member States governments. Their submissions highlight the differing approaches adopted by the Member States, and as an example, a brief discussion of the submissions made in Tombesi is provided. The Danish government considered that the concept of waste included all residual products, defining residual products as those that are not the primary goal sought by the production process, do not have a constant economic value, and their use depends on the markets available for them. The French government agreed that waste included residues, and considered that waste continued to be waste until it was recovered. The Italian government argued that the definition of waste in the WFD placed too much importance on the subjective element of the intentions of the waste holder, and that it was legitimate to employ the possibility of use as a introductory criterion and exclude from the notion of wastes substances that have recognized properties and are normally traded on markets. The Netherlands and UK governments took an intermediate view, with the Netherlands highlighting that secondary raw materials would not be waste, while the UK government argued that something was a waste when it left the normal commercial cycle or chain of utility and was consigned to a recovery operation. The Member States approach to the definition of waste clearly varies significantly.As a final example of the approach taken to the definition of waste, it is useful to return to the OSS case and contrast this with other similar cases that have been concerned with a material derived from waste that was subsequently used as fuel. Such cases include ARCO, Castle Cement v Environment Agency, Scottish Power Generation Ltd v Scottish Environmental Protection Agency, Saetti v Frediani,and Lcopower BV v Secretary of State. On the facts of each case, materials in the first three cases were considered in all likelihood to b e wastes despite the recovery processes that the materials had been subjected to, while the materials in the remaining two were not considered to be wastes.The OSS case followed the general approach taken in ARCO, where it was statedthat the trading operations to which a substance is subsequently submitted are not of crucial importance to its classification as waste. However, in Castle Cement, which concerned a material recovered from waste solvents and liquids derived from waste sources by Solvent Resource Management, the fact that the material was burned as fuel was an important consideration in determining that the material remained waste. This was in spite of the fact that it had been produced to a specification specifically for use as fuel. This can be contrasted against Saetti, where petroleum coke, which was produced to a specification although was considered to be waste by its producer, was held not to be waste. In Scottish Power, the waste-derived fuel was again made to a specification however, here it was considered that since the material could not be used as fuel in the same conditions of environmental protection as the raw material it was replacing, it must be considered waste. In relation to the materials characteristics, however, in Castle Cement, Stanley Burnton J considered thatWhether material is waste cannot depend on whether any particular holder of it stores and uses it in an environmentally and otherwise safe manner. Its categorisation should depend on its qualities, not on the qualities of its storage or use.This view can itself be contrasted with the ECJs approach to the definition of waste, which depends not on the quality of the material but on the intention or requirement of the holder to discard that material.In conclusion, while it appears from the case law that the ECJ has, on balance, taken a consistent approach to the definition of waste, its insistence on relying on the holders intention or requirement to discard the material has resulted in Member States and national authorities (including the national Courts) taking, unsurprisingly, an inconsistent approach to the definition of waste. The self-proclaimed clarification document published by the Commission of the European Communities collates and prioritises the judgments from the ECJ, but it is questionable whether the approach taken is consistent with the overall aim of the WFD. Stanley Burnton J confessed to finding parts of the ECJs judgments Delphic and, while apparently consistent throughout the relevant cases, I would tend to agree. The third recital of the WFD states the following general terminology and a definition of waste are needed in order to improve the efficiency of waste management in the Community.Perhaps it should canvas and a workable, comprehendible definition of waste?ReferencesARCO Chemie Netherland Ltd vMinister von Volkshuivesting and EOPN 2003 Env LR 40 (Case C-418/97) 15 June 2000Bell, S. and McGillivray, D., Environmental Law (Oxford OUP, Sixth Edition, 2006Castle Cement v Environment Agency 2001 EWHC Admin 224Commission Decision 2000/532 of 3 May 2000 ( 2000 O.J. L226/3 ) replacing Decision 94/3 ( 1994 O.J. L5/15 ) establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442 ( 1975 O.J. L194/39 ) on waste and Council Decision 94/904 ( 1994 O.J. L356/14 ) establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689 ( 1991 O.J. L377/20 ) on hazardous waste, as amended by Council Decision 2001/573 ( 2001 O.J. L203/18 ) of 23 July 232001 amending Decision 2000/532 as regards the list of wastesCommission of the European Communities v Italy (Cases C-194/05, C-195/05, and C-263/05) 18 December 2007 reported in EU Focus 2008, 225, 15-17Commission of the European Communities v United Kingdom 2004 All ER (D) 279 (Case C-62/03) 16 December 2004Commission of the European Communities, 2007. Communication from the Commission to the Council and the European Parliam ent on the Interpretative Communication on waste and by-products. Brussels, 21 February 2007, COM(2007) 59 finalCommission of the Eurpoean Communities v Germany 1996 1 CMLR 383 (Case C-422/92) 10 May 1995Council Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on wasteCriminal minutes against Niselli (Case C-457/02)Criminal Proceedings against E. Zanetti and Others 1990 I ECR 1509 (Case C-359/88) 28 March 1990 Euro Tombesi and Others 1997 3 CMLR 673 (Joined Cases C-304/94, C-330/94, C-342/94, C-224/95) 25 June 1997Icopower BV v Secretary of State (Unreported May 14, 2003) cited in OSS Group Ltd v Environment Agency 2008 Env LR 8Inter-Environnement Wallonie v Regione Wallonne 1998 All ER 155 (Case C-129/96) 18 December 1997Mayer Parry Recycling Ltd v Environment Agency 1999 1 CMLR 963OSS Group Ltd v Environment Agency 2007 Env LR 19OSS Group Ltd v Environment Agency 2008 Env LR 8Palin Granit Oy v Lounais-Suomen Ymparistokeskus 2003 All ER (EC) 366 ( Case C-9/00) 18 April 2002Saetti v Frediani 2004 Env LR 37 (Case C-235/02) 15 January 2004Scottish Power Generation Ltd v Scottish Environment Protection Agency (No.1) 2005 SLT 98 OHThames Water Utilities v Bromely Magistrates Court 2008 Env LR 3 (Case C-252/05) 10 May 2007

Sunday, June 2, 2019

Woman on the Edge of Time by Marge Piercy Essay -- Dystopia Utopia

Woman on the Edge of Time by Marge PiercyAs a child, whiz of my favorite cartoon shows was The Jetsons. This was a show about an average American family who lived out in space, with a dog, and a robot named Rosie as the household maid. I recall that in one episode Rosie, the robot, overheard the family holding a conversation pertaining to how the family could get by just fine without her. The point of this episode is that the robots feelings were hurt and she immovable to run away. After Rosies departure, the family learned that she was in fact a valuable member of the family, and they searched all over space to find Rosie the robot. Could it be, a robot with feelings? In The Jetsons technology was an important aspect in life in space. Each family owned a space ship, instead of an automobile. And traffic existed in the sky, instead of the highways that we fork up today. I believe that Marge Piercy, the writer of Woman on the Edge of Time may have had similar expectations of the fu ture. Piercys novel depicts the life of a diagnosed schizophrenic patient by the name of Connie that lives in a mental institution. Connie is able to time travel into two different futures, in order to escape the horrific reality of her world. This novel was create in 1976, and yet the writers interpretation of a dystopian future is not too far off from what we might decide on television today. I will be exploring the life of Connie, the main character, as Piercy portrays her throughout the story, as well as supporting characters that play a role in Connies utopian and dystopian futuristic societies. The reader is able to clearly discern which society Connie recognizes to be her Utopia. Consuelo Camacho Ramos, who will be referred to as Connie, is... ... Piecy published her novel. Perhaps, Piercy would rather that we focus our energy to making the world where we currently live in a better place, and value the small things that we take for granted, like in the village Mattapoise tt. Instead of placing more value on technology and focusing on how what we can come up with next. Oppositely, I think technology is not to be feared, and has not dehumanized us, at least not yet. The fact that our mind can take us into places so much further travel than we are actually able to achieve at the present time proves just how extraordinary the mind is. It must be this sense of living on the edge creativity that drives humans to develop such astronomical technological mechanisms. Works Cited Barbera, Hanna. The Jetsons. Cartoon Network. 1998 Piercy, Marge. Woman on the Edge of Time. New York Alfred A. Knopf, 1976.

Saturday, June 1, 2019

biology scientific process :: essays research papers

Biology The Science of Our LivesBiology literally means "the study of life". Biology is such(prenominal) a broad field, covering the minute whole shebang of chemical machines inside our cells, to broad scale concepts of ecosystems and global climate change. Biologists study intimate details of the human brain, the composition of our genes, and even the functioning of our reproductive system. Biologists late all but completed the deciphering of the human genome, the sequence of deoxyribonucleic acid (DNA) bases that may determine much of our innate capabilities and predispositions to certain forms of behavior and illnesses. DNA sequences have compete major roles in criminal cases (O.J. Simpson, as well as the reversal of death penalties for many wrongfully convicted individuals), as well as the impeachment of President Clinton (the denigrate at least did non lie). We are bombarded with headlines about possible health risks from favorite foods (Chinese, Mexican, hamburger s, etc.) as well as the potential benefits of eating other foods such as cooked tomatoes. Informercials tout the benefits of metabolism-adjusting drugs for weight loss. Many Americans are turning to herbal remedies to ease arthritis pain, improve memory, as well as improve our moods. Can a biology book give you the answers to these questions? No, but it will enable you learn how to sift through the biases of investigators, the press, and others in a quest to critically evaluate the question. To be honest, five years after you are through with this class it is doubtful you would remember all the details of meatbolism. However, you will know where to look and maybe a little about the process of acquaintance that will allow you to make an informed decision. Will you be a scientist? Yes, in a way. You may not be formally trained as a science major, but you can think critically, solve problems, and have some idea about what science can and cannoit do. I hope you will be able to tell the shoe from the shinola. The Scientific ProcessScientists make progress by using the scientific method, a process of checking conclusions against nature. After observing something, a scientist tries to explain what has been seen. The explanation is called a hypothesis. There is always at least one alternative hypothesis. A part of nature is tested in a "controlled experiment" to see if the explanation matches reality. A controlled experiment is one in which all treatments are monovular except that some are exposed to the hypothetical cause and some are not.