Friday, January 24, 2020

Arab - Israeli Wars :: essays research papers

Since the United Nations partition of PALESTINE in 1947 and the establishment of the modern state of ISRAEL in 1948, there have been four major Arab-Israeli wars (1947-49, 1956, 1967, and 1973) and numerous intermittent battles. Although Egypt and Israel signed a peace treaty in 1979, hostility between Israel and the rest of its Arab neighbors, complicated by the demands of Palestinian Arabs, continued into the 1980s. THE FIRST PALESTINE WAR (1947-49) The first war began as a civil conflict between Palestinian Jews and Arabs following the United Nations recommendation of Nov. 29, 1947, to partition Palestine, then still under British mandate, into an Arab state and a Jewish state. Fighting quickly spread as Arab guerrillas attacked Jewish settlements and communication links to prevent implementation of the UN plan. Jewish forces prevented seizure of most settlements, but Arab guerrillas, supported by the Transjordanian Arab Legion under the command of British officers, besieged Jerusalem. By April, Haganah, the principal Jewish military group, seized the offensive, scoring victories against the Arab Liberation Army in northern Palestine, Jaffa, and Jerusalem. British military forces withdrew to Haifa; although officially neutral, some commanders assisted one side or the other. After the British had departed and the state of Israel had been established on May 15, 1948, under the premiership of David BEN-GURION, the Palestine Arab forces and foreign volunteers were joined by regular armies of Transjordan (now the kingdom of JORDAN), IRAQ, LEBANON, and SYRIA, with token support from SAUDI ARABIA. Efforts by the UN to halt the fighting were unsuccessful until June 11, when a 4-week truce was declared. When the Arab states refused to renew the truce, ten more days of fighting erupted. In that time Israel greatly extended the area under its control and broke the siege of Jerusalem. Fighting on a smaller scale continued during the second UN truce beginning in mid-July, and Israel acquired more territory, especially in Galilee and the Negev. By January 1949, when the last battles ended, Israel had extended its frontiers by about 5,000 sq km (1,930 sq mi) beyond the 15,500 sq km (4,983 sq mi) allocated to the Jewish state in the UN partition resolution. It had also secured its independence. During 1949, armistice agreements were signed under UN auspices between Israel and Egypt, Jordan, Syria, and Lebanon. The armistice frontiers were unofficial boundaries until 1967. SUEZ-SINAI WAR (1956) Border conflicts between Israel and the Arabs continued despite provisions in the 1949 armistice agreements for peace negotiations. Hundreds of thousands of Palestinian Arabs who had left Israeli-held territory during the first war concentrated in refugee camps along Israel's frontiers and became a major source of friction when they infiltrated back to their homes or

Thursday, January 16, 2020

Jaga vs. D

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

Tuesday, January 7, 2020

Comparative Analysis Poetry Paper - 1179 Words

Running head: COMPARATIVE ANALYSIS POETRY PAPER Comparative Analysis Poetry Paper My view of the poem Balthazar’s Marvelous Afternoon written by Gabriel Garcia Marquez is absolutely entertaining. Balthazar is a carpenter who takes pride in building a bird cage for a young boy. The time and effort put into making this bird cage has great morality results for Balthazar. Being the most beautiful bird cage people in the village has ever seen, Balthazar’s pride and extravagant praise boosts up and he is full of confidence. Ready for delivery and payment Balthazar takes it over to the boys house and finds out the parents do not approve or such request made by their young son. Deeply devastated by the refusal of the boys parents Balthazar†¦show more content†¦Finally he thinks about the beautiful cage he made and how bad the young boy wanted it so he decides to give it to him without any payment, leaves and gets drunk with some people from the village. This â€Å"Marvelous Afternoon† might not have turned ou t as expected but in reality the marvelous thing about it in my opinion is him being selfless and thinking about the young boy. From the beginning to the end of this short story he is well aware that the bird cage cannot belong to anyone but the person who requested it. The loyalty and dedication to clients in his business offers uniquely created products built from his heart. In the Poem 5000 Apply for 100 jobs by Jim Daniels, many can relate to this situation. People all over the Country are unemployed now in days and are willing to get any job they can to feed their families. This poem is somewhat of similarities with the first poem in a way that the person telling his experience is grateful for what he has. He is in line trying to find a better opportunity but is told to leave because all jobs have been filled. Once given the bad news some are upset as to be violent and swear. Although he is saddened by the news of not being one of the hundred chosen to work there, he quickly re alizes that it is not as bad as he though. He still has a job even if it does not pay him well but he is able toShow MoreRelatedReflection757 Words   |  4 Pages Throughout the school year I have tended to repeat the same mistake. In the beginning, I fell into plot summary syndrome. This was displayed in my October Sky literary analysis, and my All Quiet comparative literature paper. However, I was able to pin point the reason for this, I kept over thinking my ideas for analysis. I wouldn’t write down the actual ideas I had because I scared they would be wrong so I tried to play safe and summarize points I already made, or those explicitly stated in theRead MoreEnglish Preromanticism: William Blake3403 Words   |  14 PagesKlaipeda University Institute of Continuing studies Department of English Philology Diana Griciuvien English Preromanticism: William Blake Term Paper Supervisor: Assoc. Prof. M. Ã…  idlauskas 2008 CONTENTS Introduction†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦...............3 1. William Blake-a forerunner of English Romanticism 1 William Blake-a social critic of his own time†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦..6 2 William Blake’s ideas and the Modern World†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦6 2. â€Å"SongsRead MoreControl Process in Management1361 Words   |  6 Pagesinvolves a wide variant of technical instruments used for measurement of machine operations, product quality for size and ingredients and production processes. These instruments may be mechanical, electronic or chemical in nature. (c) Ratio analysis: Ratio analysis is one of the most important management tools. It describes the relationship of one business variable to another. The following are some of the important ratios: i) Net sales to working capital: The working capital must be utilisedRead MoreConversation Analysis Essay6877 Words   |  28 Pages========================================================== Abstract This paper discusses that a meaningful English text is always coherent. Also, the role of cohesion in a coherent English text is discussed in the light of literature. In order to further understand the significance of cohesion in discourse, we have analysed two English texts; a poem, Daffodils by William Wordsworth and an advertisement from a UK website gumtree.co.uk. A report is then developed on the textual analysis, which discusses that different genres haveRead MoreCohesion in English2590 Words   |  11 Pagesfar as it can be described in terms of specific syntactic units† (62). He defines cohesion in two ways. His first definition recognises cohesion as one of the text making strategies used in discourse or conversation. That is the main thrust of this paper. His second definition refers to cohesion as that which holds between different grammatical or structural units. For example, a word is cohesive because it is internally structured. But linguists and discour se analysts like Halliday and Hassan haveRead MoreOedipus, A Tragic Hero1648 Words   |  7 Pagesideal of the tragic hero will be incomplete if the concept of tragedy is not focalized. This paper, therefore, looks at how the classical period defined and delineated its tragic hero based on the action and the plot of the play. The paper provides extracts from Sophocles’ King Oedipus as the main text and Euripides’ Iphigenia in Tauris as a supporting text to present Oedipus as the tragic hero. Textual analysis shows that the delineation of the tragic hero lies in the source or context of the tragicRead MoreAnalysis Of Katherine Mansfield s Miss Brill 1633 Words   |  7 PagesAdedeji Otufale Prof Weiss Eng 102 Research Paper Reading stories regularly leads individuals to discover particular similarities and contrasts between them, Katherine Mansfield s short story Miss Brill makes for a fascinating correlation to William Faulkner s short story A Rose For Emily. Although both stories appear to be not so alike, the connections they impart are of substantially more value. The distinctions in social contribution between Miss Brill and Emily Grierson can t exceedRead MoreCranes: Poetry and William Cullen Bryant1924 Words   |  8 PagesFriend Skip to content EXTRA CREDIT FOR ALL CLASSES ESW IB Lang and Lit ↠ Paper 1 Sample TextsExaminers comments for Sample Paper 1 Essays → Paper 1 Sample Essays Posted on October 18, 2012 by tonyapaul Please read the Paper 1 Sample Texts before you read this post. Then try to write your own analysis and compare it to the following HL samples. Paper 1 HL Sample 1.1 (birds) In this comparative commentary, Cranes by Jennifer Ackerman and To a Waterfowl by William CullenRead MoreA Comparative Analysis of Tenses in Newspapers Headlines and Reports3368 Words   |  14 PagesA Comparative Analysis of Tenses in Newspapers Headlines and Reports Introduction. The aim of this course paper is to compare tenses used in newspapers headlines and reports on the analytical basis, and to find out for what particular reasons the usage of tenses in headlines and newspaper articles differ. First, I am going to focus on the characteristics of different functional styles found in the English language. In the light of oratorical, colloquial, poetic, official and other styles, weRead MoreDub Poetry in and from Jamaica9895 Words   |  40 PagesIntroduction 2 2 History and Development of Dub Poetry 3 2.1 The Development of Jamaican Creole – Short Overview 3 2.2 The Oral Tradition 4 2.3 From the B-side of a Record via â€Å"Toasting† to Dub Poetry 6 3 The Correlation of the Rastafarians, Reggae and Dub 9 3.1 The Rastafarians 9 3.2 The Peculiarity of Dub 10 3.3 Artists and Scenes 12 3.3.1 The Jamaican Scene 12 3.3.2 The British Scene 13 3.3.3 The Canadian Scene 14 4. Structural Characteristics of Dub Poetry 15 4.1 Patois – the Language 15 4.2 Rhythm