Saturday, November 16, 2019
Working Parents Have Problem Children Essay Example for Free
Working Parents Have Problem Children Essay A young human being below the age of puberty or below the legal age of majorityâ⬠[1] is the definition of child in Oxford dictionary. The worldââ¬â¢s population is estimated to 7 billion with 2 billion children. [2] Turkey has a population of 73,722,998 and including approximately 22.6 million (30.7 %) children.[3] They have an important slide of the population and they are the adults of future. However, as recent conditions are required working more, there exist psychological problems of children with working parents. In this proposal it is intended to investigate the psychology of children with working parents and the possible solutions to influence the psychology of the children with working parents positively by evaluating alternatives. 2. Problem Definition The researches alert that the children with working parents have some psychological and health problems. The study of Agency for Healthcare Research and Quality examines that childââ¬â¢s risk of having overnight hospitalizations, asthma episodes, and injuries or poisonings, a 200 percent increase if child has a working mother.[4]The NICHD Study of Early Child Care reports that a small minority of children ( 16%) who spent 30 [continues] Here are a few ways that children suffer. 1. Lack of Income. One out of five experience various degrees of poverty even in wealthy areas. An ever increasing number of families are poor because both parents are working at low-paying, dead end jobs with no benefits. The results: Kids cannot have things they want and need such as pets, clothes, and school events. They hear mom and dad argue about finances. Low quality daycares that do not meet the needs or provide a safe environment for children. 2. Lack of Interest. We all want what is best for our kids. To some parents, that means providing a better and more comfortable life. They think the only way to have the lifestyle desired is for both parents to work. They forget that what matters more to kids is when their parents show interest in THEM. When both parents work, they usually have less time for their children. The results: Parents miss their childrens events, such as games, recitals, and everyday life. Children do not feel loved. (Love is spelled T-I-M-E). Kids misbehave, just striving to get some kind of attention. In time, it turns to complete rebellion. 3. Lack of Influence. Someone is grooming our kids. If we as parents are not grooming them for success, we are dooming them for failure. If both parents work, kids cannot come to their parents for help with lifes problems. They look to outside sources for guidance. The results: Children look to the media which is filled with violence and vanity. Children look to their peers, which may have their own social problems. Children look to escape through drugs, improper relationships, and other harmful things. Children will probably suffer a lot when they are young (below 12 years old) and both parents are at work. This is because they are not old enough to take care of themselves. They need their parentsââ¬â¢ support, both mentally and physically. If parents neglect the growth of their children, it is quite possible that their children will
Thursday, November 14, 2019
William Shakespeares Macbeth Essay -- William Shakespeare Macbeth Ess
William Shakespeare's Macbeth In the play of Macbeth, Shakespeare introduces the main character, through the eyes of the one who knows him best, his wife. Lady Macbeth displays to the audience all of Macbethââ¬â¢s weaknesses; her ambition to have power becomes her husbandââ¬â¢s and this will bring out Macbethââ¬â¢s ambition to be king. She also proves that the strong may become the weak and the weak may become the strong. Lady Macbeth is a main character in this play because she introduces Macbeth and helps the reader to understand his character. At the start of the play she seems to be the more ruthless of the two. When the reader is first introduced to Lady Macbeth she is already planning the death of King Duncan. In order for her to have the courage to do the deed and ask that all woman emotions be removed from her, ââ¬Å"Come, you spirits That tend on mortal thoughts, unsex me here, And fill me, from the crown to the toe, top-full Of direst cruelty! (p 257)â⬠She is a key factor in this play be cause she links the male soul to the female body, showing that ambition can lead to violence. à à à à à When Lady Macbeth reads the letter from her husband telling her the news about becoming the Thane of Cawdor, Thane of Glamis and of the three witches that told him he would be king, she was overwhelmed by ambition to have power. She then goes on to plot the death of the King, then realizing that Macbeth would not go through with the plan unless she pushes him to do it, ââ¬Å"Yet do I fear thy nature; it is too full oââ¬â¢ thââ¬â¢ milk of human kindness to catch the nearest way. Thou wouldst be great, Art not without ambition, but without the illness should attend it. (p 256)â⬠She knows that Macbeth is a loyal warrior and it would be difficult, and she does it by questioning his manhood, ââ¬Å"But screw your courage to the sticking-place And weââ¬â¢ll not fail. (p 260)â⬠When the King arrives she makes Macbeth stay out of the room because his face releases the secrets that lye within, ââ¬Å"Your face, my Thane, is as a book where men May read strange matters. (p 257)â⬠The King, after dinner, goes to bed and the plan is under way. à à à à à Lady Macbeth is very confident that they will not be suspected for the murder of the King, and she assures Macbeth that if they do everything right then he will become king. After Macbeth had gone into the Kingââ¬â¢s room to kill him, he came out with the daggers in hand sayi... ... safe. He then learns of the death of the queen. The news of the woods moving comes to his attention and he is ready to battle. But the men in his army do not stand behind him. As he kills the men entering his castle he begins to battle Macduff. Macbeth then tells Macduff while fighting that he may not kill him because he is to die of a man not born of a woman. Macduff the warns Macbeth, ââ¬Å"Despair thy charm, And let the angel whom thou still served ell thee, Macduff was from his motherââ¬â¢s womb Utimely ripped. (p 323)â⬠Macbeth then lays down his sword knowing that he has met his dumb. Lady Macbeth was a very important role in this play; she was the antagonist and pushed Macbeth to become an animal. Her main role was to introduce Macbeth and to help the reader to understand more about him. She questioned his manhood to get what she wanted. Lady Macbeth eventually began to feel bad for her crimes and it haunted her where she was most safe, her sleep. The more and more she pushed Macbeth the more willing he was to do it himself. By the end of the play, Macbeth had no emotions and stopped at nothing to remain king. This play showed that ambition would lead to violence and to murder.
Tuesday, November 12, 2019
Comparative Analysis of the Family Code and Code of Muslim Personal Laws on Marriage, Legal Separation and Islamic Divorce in the Philippines
Comparative Analysis of the Family Code and Code of Muslim Personal Laws on Marriage, Legal Separation and Islamic Divorce in the Philippines Andres C. Soguilon Juris Doctor-1 UNIVERSITY OF CEBU COLLEGE OF LAW Comparative Analysis of the Family Code and Code of Muslim Personal Laws on Marriage, Legal Separation and Islamic Divorce in the Philippines Abstract This paper is a comparison between the laws governing the Muslim marriage and Divorce through Presidential Decree No. 1083, otherwise known as the Code of Muslim Personal Laws and marriage and legal separation under the Family Code.It also compares the rights and obligations of spouses between the two codes. It analyzes the similarities and differences of the provisions on the requisites in contracting marriages between the two laws and the effects of legal separation as far as the Family Code is concern and the same with Islamic divorce as provided by law. Introduction The 1987 Philippine Constitution, in Article XV, Section 2, states that ââ¬Å"Marriage, as an inviolable social institution, is the foundation of the family and shall be protected by the State. The same constitution admits that ââ¬Å"no law shall be made respecting an establishment of religion, or prohibiting the free exercise thereofâ⬠1 and it respects the protection and conservation by the State of the customs, traditions, practices and beliefs of the Filipinos. Presidential Decree 1083 also known as the Code of Muslim Personal Laws took effect on February 14, 1977 and the governing constitution then was the 1973 Constitution. According to Andres H. Hagad in his work ââ¬Å"Comments on the Muslim Code: A Paper on PD. No. 038â⬠, the code refers to Article XV, section 11 of the 1973 Constitution as the legal basis for its existence which states that ââ¬Å"the State shall consider the customs, traditions, beliefs and interests of national cultural communities in the formulation and implementation of State policies. â⬠2 1 2 T he 1987 Philippine Constitution, Article III, Section 5 Andres H. Hagad, Comments on the Muslim Code: A Paper on P. D. No. 1083, Philippine Law Journal [1977] Vol. 52 Andres C. Soguilon JD-1 Page 2 Comparative Analysis of the Family Code and Code of Muslim Personal Laws on Marriage, Legal Separation and Islamic Divorce in the Philippines RationaleThe Constitution, the laws and even Supreme Courtââ¬â¢s decisions pertaining to issues involving marriage have been reflective of how the State wanted to protect the sanctity and value of marriage in the Philippines. The law even so provides that it shall not be governed by stipulations but by the Government and the latter must intervene in order to protect it. In line with this, the researcher seeks to be enlightened of the similarities and difference of marriages contracted in accordance with the Family Code in comparison to those contracted by Muslims provided by the Code of Muslim Personal Laws.Both codes give right to spouses to sep arate from each other on certain grounds, hence, comparison of the two would likely pave way to the idea of adopting one not only to protect the sanctity of marriage per se but also not to prejudice the constitutional and human rights of the parties involved. The Family Code and the Code of Muslim Personal Laws 1. What is Marriage? The Family Code of the Philippines defines marriage as a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life.It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by the said code. 3 On the other hand, the Code of Muslim Personal Laws definesmarriage as not only a civil contract but a social institution. Its nature, consequences and incidents are governed by this Code and the Shari'a and not subject to stipulation, except that 3 Familly Code of the Philippines, Article I Andres C.Soguilon JD-1 Page 3 Comparative Analysis of the Family Code and Code of Muslim Personal Laws on Marriage, Legal Separation and Islamic Divorce in the Philippines the marriage settlements may to a certain extent fix the property relations of the spouses. The two laws have a definition of marriage which is more or less akin to each other. 4 2. Requisites of Marriage Family Code of the Philippines Code of Muslim Personal Laws Art. 2. No marriage shall be valid, unless these essential requisites are present: 1. Legal capacity of the contracting parties who must be a male and a female; and 2.Consent freely given in the presence of the solemnizing officer Art. 15. Essential requisites. No marriage shall be perfected unless the following essential requisites are complied with: (a) Legal capacity of the contracting parties; (b) Mutual consent of the p arties freely given; (c) Offer (ijab) and acceptance (qabul) duly witnessed by at least two competent persons after the proper guardian in marriage (wali) has given his consent; and (d) Stipulation of customary dower (mahr) duly witnessed by two competent persons. Art. 3. The formal requisites of marriage are: 1. Authority of the solemnizing officer; 2.A valid marriage license except in the cases provided for in Chapter 2 of this Title; and 3. A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officers and their personal Art. 16. Capacity to contract marriage. declaration that they take each other (1) Any Muslim male at least fifteen years as husband and wife in the presence of of age and any Muslim female of the not less than two witnesses of legal age puberty or upwards and not age. suffering from any impediment under the provisions of this Code may contract marriage.A female is presumed to have attained puberty upon reachin g the age of fifteen. (2) However, the Shariââ¬â¢a District Court may, upon petition of a proper wali, order the solemnization of the marriage of a female who though less than fifteen but not below twelve years of age, has attained puberty. (3) Marriage through a waliby a minor below the prescribed ages shall be regarded as betrothal and may be annulled upon the petition of either party within four years after attaining the age of puberty, provided no 4 Code of Muslim Personal Laws, Chapter II, Section I, Article 14 Andres C. Soguilon JD-1 Page 4Comparative Analysis of the Family Code and Code of Muslim Personal Laws on Marriage, Legal Separation and Islamic Divorce in the Philippines voluntary cohabitation has taken place and the wali who contracted the marriage was other than the father or paternal grandfather. Apparently, the Code of Muslim Personal Laws has more requirements for contracting parties to comply before they can enter into marriage. Under the Family Code, the cont racting must be at least eighteen years of age, in such case when one of the parties is below eighteen the marriage will be void which will be discussed below. On the other hand, Code of Muslim of Personal laws, the male must be at least fifteen years of age and the female must be of the age of puberty with the presumption provided in the Code that females attain their puberty at the age of fifteen. Also, the female must not be below twelve years of age, in such case the marriage may be annullable. 3. Void and Voidable Marriages under Family Code and Prohibited Marriages under Code of Muslim Personal Laws Family Code of the Philippines Art. 35.The following marriages shall be void from the beginning: (1) Those contracted by any party below eighteen years of age even with the consent of parents or guardians; (2) Those solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so; (3) Those solemnized without a license, except those covered by the preceding Chapter; Code of Muslim Personal Laws Section 2.Prohibited Marriages Article 23. Bases of prohibition. No marriage may be contracted by parties within the prohibited degrees: (a) Of consanguinity; (b) Of affinity; and (c) Of fosterage. Article 24. Prohibition by consanguinity (tahrimjbin-nasab). No marriage shall be contracted between: (a) Ascendants and descendants of any degree; 5 Family Code of the Philippines [1988], Art. 3 (1) Andres C. Soguilon JD-1 Page 5Comparative Analysis of the Family Code and Code of Muslim Personal Laws on Marriage, Legal Separation and Islamic Divorce in the Philippines (4) Those bigamous or polygamous marriages not falling under Article 41; (5) Those contracted through mistake of one contracting party as to the identity of the other; and (6) Those subsequent marriages that are void under Article 53. Art. 36. A marriage co ntracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization.Art. 37. Marriages between the following are incestuous and void from the beginning, whether the relationship between the parties be legitimate or illegitimate: (1) Between ascendants and descendants of any degree; and (2) Between brothers and sisters, whether of the full or half-blood. Art. 38. The following marriages shall be void from the beginning for reasons of public policy: (1) Between collateral blood relatives, whether legitimate or illegitimate, up o the fourth civil degree; (2) Between step-parents and stepchildren; (3) Between parents-in-law and childrenin-law; (4) Between the adopting parent and the adopted child; (5) Between the surviving spouse of the adopting parent and the adopted child; (6) Between the surviving spouse of the adopted child and the adopter; Andres C. Soguilon JD-1 (b) Brothers and sisters, whether germane, consanguine or uterine; and (c) Brothers or sisters and their descendants within the third civil degree. Article 25. Prohibition by affinity (tahrim-billmusahara). 1) No marriage shall be contracted between: (a) Any of the spouses and their respective affinal relatives in the ascending line and in the collateral line within the third degree; (b) Stepfather and stepdaughter when the marriage between the former and the mother of the latter has been consummated; (c) Stepmother and stepson when the marriage between the former and the father of the latter has been consummated; and (d) Stepson or stepdaughter and the widow, widower or divorcee of their respective ascendants. 2) The prohibition under this article applies even after the dissolution of the marriage creating the affinal relationship. Article 26. Prohibition due to fosterage (tahrim-bir-rada'a). (1) No person may validly cont ract marriage with any woman who breastfed him for at least five times within two years after his birth. (2) The prohibition on marriage by reason of consanguinity shall likewise apply to persons related by fosterage within the same degrees, subject to exception recognized by Muslim law. Section 4.Batil and Fasi Marriages Article 31. Batil marriages. The following marriages shall be void (batil) from the beginning: Page 6 Comparative Analysis of the Family Code and Code of Muslim Personal Laws on Marriage, Legal Separation and Islamic Divorce in the Philippines (7) Between an adopted child and a legitimate child of the adopter; (8) Between adopted children of the same adopter; and (9) Between parties where one, with the intention to marry the other, killed that other personââ¬â¢s spouse, or his or her own spouse.Art. 41. A marriage contracted by any person during the subsistence of a previous marriage shall be null and void unless before the celebration of the subsequent marriage , the prior spouse had been absent for four consecutive years and the spouse present had a well-founded belief that the absent spouse was already dead. In case of disappearance where there is danger of death under the circumstances set forth in the provisions of Article 391 of the Civil Code, and absence of only two years shall be sufficient. xx Art. 53. Either of the former spouses may marry again after complying with the requirements of the immediately preceding Article; otherwise, the subsequent marriage shall be null and void. (a) Those contracted contrary to Articles 23, 24, 25 and 26; (b) Those contracted in contravention of the prohibition against unlawful conjunction; and (c) Those contracted by parties one or both of whom have been found guilty of having killed the spouse of either of them. Article 32. Fasid marriages.The following marriages shall be irregular (fasid) from their performance: (a) Those contracted with a female observing ââ¬Ëidda; (b) Those contracted cont rary to Article 30; (c) Those wherein the consent of either party is vitiated by violence, intimidation, fraud, deceit or misrepresentation; (d) Those contracted by a party in a condition of death-illness (marad-ul-mault) without the same being consummated; (e) Those contracted by a party in a state of ihram; and (f) Mixed marriages not allowed under Islamic law.The Family Code provides for marriages that are void and voidable due to the fact that these marriages are contracted with either the absence of both essential and formal requisites and defect or irregularity in the essential or formal requisites. The Code of Muslim Personal Laws, on the other hand provides for several instances where a marriage is prohibited, void and irregular. Andres C. Soguilon JD-1 Page 7Comparative Analysis of the Family Code and Code of Muslim Personal Laws on Marriage, Legal Separation and Islamic Divorce in the Philippines 4. Legal Separation and Divorce Family Code of the Philippines Art. 55. A pet ition for legal separation may be filed on any of the following grounds: (1) Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner; (2) Physical violence or moral pressure to compel the petitioner to change religious or olitical affiliation; (3) Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement; (4) Final judgment sentencing the respondent to imprisonment or more than six years, even if pardoned; (5) Drug addiction or habitual alcoholism of the respondent; (6) Lesbianism or homosexuality of the respondent; (7) Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad; bigamous marriage, whether in the Philippines or abroad; (8) Sexual infidelity or perversion; (9) Attempt by the respondent against the life of the petitioner; or (10) Aba ndonment of petitioner by respondent without justifiable cause for more than one year. Code of Muslim Personal Laws Chapter Three DIVORCE (TALAQ) Section 1. Nature and Form Article 45. Definition and forms. Divorce is the formal dissolution of the marriage bond in accordance with this Code to be granted only after the exhaustion of all possible means of reconciliation between the spouses.It may be effected by: (a) Repudiation of the wife by the husband (talaq); (b) Vow of continence by the husband (ila); (c) Injurious assanilation of the wife by the husband (zihar); (d) Acts of imprecation (li'an); (e) Redemption by the wife (khul'); (f) Exercise by the wife of the delegated right to repudiate (tafwld); or (g) Judicial decree (faskh). Andres C. Soguilon JD-1 Page 8 Comparative Analysis of the Family Code and Code of Muslim Personal Laws on Marriage, Legal Separation and Islamic Divorce in the Philippines There is a big difference between legal separation and divorce because the form er only covers separation of bed and board while the latter is an absolute separation. Any divorce proceeding undertaken before the Shariââ¬â¢a Court is valid, recognized, binding and sufficient divorce proceedings. 6 Article 13 of PD No. 1083 does not provide for a situation where the parties were married both in civil and Muslim rites.Consequently, the shariââ¬â¢a courts are not vested with original and exclusive jurisdiction when it comes to marriages celebrated under both civil and Muslim laws. 7 Specifically, divorce in Islam is classified into different types in relation to the grounds that may be used by either the husband or the wife in separating from each other. A divorce by talaq may be affected by the husband in a single repudiation of his wife during her nonmenstrual period within which he has totally abstained from carnal relation with her. 8 A wife in a Muslim marriage may be granted a decree of divorce where her husband makes a vow to abstain from any carnal re lations with his wife and keeps such for a period of not less than four (4) months. Another is the divorce by zihar, where a husband has injuriously assimilated his wife to any of his relatives within the prohibited degrees of marriage, in such case they shall mutually refrain from having carnal relation until he shall have performed the prescribed expiation. 10 Where the husband accuses his wife of adultery, a decree of perpetual divorce may be granted by the court. 11 The wife could also, after having offered to return or renounce her dower or to pay any other lawful consideration for her release from the marriage bond, petition the court for divorce. 12 If the husband has delegated to the wife the right to effect a talaq at the time of the celebration of the marriage or thereafter, she may repudiate the marriage and the 6 7 Zamoranos v. People [2011] G. R. No. 193902 Tamano v. Ortiz [1998] G. R. No. 26603 8 P. D. No. 1083 [1977], Article 46 (1) 9 Ibid, Article 47 10 Ibid, Article 48 11 Ibid, Article 49 12 Ibid, Article 50 Andres C. Soguilon JD-1 Page 9 Comparative Analysis of the Family Code and Code of Muslim Personal Laws on Marriage, Legal Separation and Islamic Divorce in the Philippines repudiation would have the same effect as if it were pronounced by the husband himself. 13 Lastly, the wife may petition a decree of divorce by faskh (judicial decree) subject to some grounds. A decree of faskh on the ground of unusual cruelty may be granted by the court upon petition of the wife. 14 Muslim spouses, because of divorce granted by P. D. No. 083 for Islamic marriages have many ways in order to separate themselves from each other. Grounds for divorce decree are even classified as to whom it may apply, either to the wife or the husband taking into account the different situations that they may experience in their married life. On the other hand, the Family Code also provides spouses to separate from each other but only limited, however legitimate the grounds are. The grounds for legal separation provided by the Family Code are more specific and relatively of the same weight with the grounds for divorce provided by P. D. No. 1083. However, the Family Code does not at all give the spouses the right to be divorced. 5.Effects of Legal Separation and Divorce Family Code of the Philippines Art. 63. The decree of legal separation shall have the following effects: (1) The spouses shall be entitled to live separately from each other, but the marriage bonds shall not be severed; (2) The absolute community or the conjugal partnership shall be dissolved and liquidated but the offending spouse shall have no right to any share of the net profits earned by the absolute community or the conjugal partnership, which shall be forfeited in accordance with the provisions of Article 43(2); (3) The custody of the minor children shall 13 14 Code of Muslim Personal Laws Article 54. Effects of irrevocable talaq or faskh.A talaq or faskh, as soon as it becomes i rrevocable, shall have the following effects: (a) The marriage bond shall be severed and the spouses may contract another marriage in accordance with this Code; (b) The spouses shall lose their mutual rights of inheritance; (c) The custody of children shall be determined in accordance with Article 78 of this code; (d) The wife shall be entitled to recover from the husband her whole dower in case the talaq Ibid, Article 51 See Article 52-53 of P. D. No. 1083 [1977] Andres C. Soguilon JD-1 Page 10 Comparative Analysis of the Family Code and Code of Muslim Personal Laws on Marriage, Legal Separation and Islamic Divorce in the Philippines be awarded to the innocent spouse, subject to the provisions of Article 213 of this Code; and (4) The offending spouse shall be disqualified from inheriting from the innocent spouse shall be revoked by operation of law. as been affected after the consummation of the marriage, or one-half thereof if effected before its consummation; (e) The husband shal l not be discharged from his obligation to give support in accordance with Article 67; and (f) The conjugal partnership, if stipulated in the marriage settlements, shall be dissolved and liquidated. The huge difference between the two Codes with regard to the effects of either legal separation or divorce is that in legal separation, the spouse are only entitled to live separately from each other and their marriage bonds shall not be severed while in Islamic divorce, marriage bonds between divorced parties shall be severed and they are entitled to contract a subsequent marriage provided they comply with the requisites to enter into another marriage. The Family does not provide that legally separated spouses can enter into another marriage.In the Family Code, the offending spouse shall not have any right to any share of the net profits earned by the absolute community or the conjugal partnership while in P. D No. 1083, the spouses shall lose their mutual rights of inheritance. As to t he custody of the children, the Family Code provides that the innocent shall be granted custody subject to conditions, while in P. D. No. 1083; custody shall be determined by Article 78 of the same code. 15 Similarly PD No. 1083 is clear that where the parents are not divorced or legally separated, the father and mother shall jointly exercise just and reasonable parental authority and fulfill their responsibility over 15 Article 78 of P.D. No. 1083 otherwise known as Code of Muslim Personal laws states that (1) the care and custody of children below seven years of age whose parents are divorced shall belong to the mother or, in her absence, to the maternal grandmother, the paternal grandmother, the sister and aunts. In their default, it shall devolve upon the father and the nearest paternal relatives. The minor above seven years of age but below the age of puberty may choose the parent with whom he wants to stay. (2) The unmarried daughter who has reached the age of puberty shall st ay with the father; the son, under the same circumstances, shall stay with the mother. Andres C.Soguilon JD-1 Page 11 Comparative Analysis of the Family Code and Code of Muslim Personal Laws on Marriage, Legal Separation and Islamic Divorce in the Philippines their legitimate children. 16 However, in a case where the mother was originally a Catholic woman and when she separated from her Muslim husband, converted back into Catholicism: ââ¬Å"The standard in the determination of sufficiency of proof, however, is not restricted to Muslim laws. The Family Code shall be taken into consideration in deciding whether a non-Muslim woman is incompetent. What determines her capacity is the standard laid down by the Family Code now that she is not a Muslim. â⬠17 6.The Family Code, the Code of Muslim Personal Laws and the Constitution The Constitution defines marriage, as an inviolable social institution, the foundation of the family and shall be protected by the State. 18 The State shall defend the right of spouses to found a family in accordance with their religious convictions and the demands of responsible parenthood. 19 Some scholars especially from the Catholic Church are against divorce because not only does it contravene the teachings of the Bible but according to them it is also against the Constitution which mandates the State to protect marriage as an inviolable social institution. The author would like to believe that Muslim divorce is deemed to be a kind of divorce equivalent to an absolute abrogation of marriage.However, Muslim divorce is protected by the enactment of P. D No. 1083 which granted full autonomy and authority to Muslimââ¬â¢s customs and traditions the marriage relations between Muslims. The 1973 Constitution which is in effect when the Code of Muslim Personal Laws was enacted provides that ââ¬Å"the State shall consider the customs, traditions, beliefs and interests of national cultural communities in the formulation and implementation of State policies. It is the authorââ¬â¢s opinion that there is already a conflict between the two provisions arising from the enactment of P. D. No. 1083. However, it is doubtful 16 Bondagjy v Bondagjy, [2001], G. R. No. 140817 17 18Ibid The 1987 Philippine Constitution [1986], Article XV, Section 2 19 Ibid, Section 3 Andres C. Soguilon JD-1 Page 12 Comparative Analysis of the Family Code and Code of Muslim Personal Laws on Marriage, Legal Separation and Islamic Divorce in the Philippines if the question of constitutionality can be raised, considering the provision of Article XVII, section 3(2) of the same Constitution, which reads: ââ¬Å"Allâ⬠¦decrees.. promulgated, issued, or done by the incumbent President shall be part of the law of the land, and shall remain valid, binding and effective even after the lifting of martial lawâ⬠20 20 Andres H. Hagad, Comments on the Muslim Code: A Paper on P. D. No. 083, Philippine Law Journal [1977] Vol. 52 Andres C. Soguilon JD-1 Page 13 Comparative Analysis of the Family Code and Code of Muslim Personal Laws on Marriage, Legal Separation and Islamic Divorce in the Philippines References: Articles: Andres H. Hagad, Comments on the Muslim Code: A Paper on P. D. No. 1083, Philippine Law Journal [1977] Vol. 52 Cases: Bondagjy v Bondagjy, December 7, 2001, G. R. No. 140817 Tamano v Ortiz, June 29, 1998, G. R. No. 126603 Zamoranos v People, G. R. No. 193902, June 1, 2011 Laws: The 1987 Philippine Constitution [1986] Presidential Decree No. 1083 [1977] The Family Code of the Philippines [1988] Andres C. Soguilon JD-1 Page 14
Saturday, November 9, 2019
1984- Orwelââ¬â¢s Parallelism to Modern Times Essay
Orwell wrote at a time when communism seemed likely to spread across the word, which is a similar situation that we see today in some countries. Studying the Orwellââ¬â¢s works is relevant as it parallels with modern times. Orwellââ¬â¢s writing mostly focused on the nature of human in the society; his opinion about the non-democratic world and central authority focused in social and political areas. He wanted to educate people and expose everything he was against. Through the use of symbolism, extended metaphors and intensive imagery, Orwell wrote ââ¬Å"naturalistic novels with unhappy endings, full of detailed descriptions and arresting similesâ⬠(Orwell, Why I Write) thus turning his harsh words into an art form. In his essay, ââ¬ËWhy I Writeââ¬â¢, Orwell stated that he wanted to capture the truth of human nature. As exemplified in his story of poverty, Down and out in Paris and London; he captured the realism of life during the Spanish Civil War in Homage to Catalonia, and in The Road to Wigan Pier, Orwell studied human misery in an exploitative social order. In 1984, Orwell described utter and total hatred to people who are different, hate of evil and hate of all other humans. It is where love is described as absurd, and totally unnecessary. People are raised to hate, and hate is the primary emotion that people feel. The lack of love and kindness is what brings the society to a complete totalitarian state. Human beings instinctively crave love and care to thrive; without it, no one can experience happiness or freedom. This works well for 1984 because of its hate-driven society; however the lack of love causes unrest with those who can see the importance of love. Orwellââ¬â¢s non-fictional works greatly differ from his fictional works though; they both constitute the same understanding of human decency. His fictional works contained many details with the use of imagery, themes and symbolism. On the other hand, Orwellââ¬â¢s non-fictional works is structured differently as he utilized a first person point of view, colloquial diction and a tone that points out the moral decency of humanity. Orwellââ¬â¢s trend in his writing, since 1936, had been directly and indirectly against totalitarianism and for democratic socialism. Orwell confessed that he wrote ââ¬Å"because there [was] some lie that [he wanted] to expose, some fact to which [he wanted] to draw attention, and [his] initial concern [was] to get a hearing [in the worldââ¬â¢s politics]â⬠(Orwell, Why I Write). While Communism might have exited the world stage in terms of competing for dominance, there needed to be a mindful and attentive presence taken against what happened when a central authority took over. Orwell didnââ¬â¢t criticize the act of revolution itself but the misery it could cause if the leaders grow to be corrupt, shortsighted, greedy and indifferent. He wanted to expose the most important issue that affected everyone in the world. Animal Farm was the first book he wrote to expose the Soviet myth of socialism. Even in his finest fictional novels, Orwell conveys the same basis of human reality. Nineteen Eighty-Four explored his hatred towards totalitarianism and government security. Animal Farm was his satirical, allegorical and metaphorical masterpiece elucidating his abhorrence of Stalinââ¬â¢s dictatorship in the Soviet Union. Orwellââ¬â¢s use of symbolism in 1984 reveals more about what he wanted to portray in a new creative way. His use of symbolism allowed readers to easily understand his message as well as appreciate his writing style simultaneously. For example, in 1984 Orwell used Big Brother as a symbol to represent the Party. The citizens were told that Big Brother is the leader of the nation and the head of the Party, but Winston could never determine whether or not he actually existed. In any case, the face of Big Brother symbolized the Party in its public manifestation; he is a reassurance to most people (the warmth of his name suggests his ability to protect), but he is also an open threat (one cannot escape his gaze). Big Brother also symbolizes the vagueness with which the higher ranks of the Party presented themselvesââ¬âreaders are left wondering who really rules Oceania, what life is like for the rulers, or why they act as they do. Additionally, in Animal Farm he used the farm to symbolize Russia and the Soviet Union under a Communist Party rule. Generally, Animal Farm stands for any human society are it capitalist, socialist, fascist, or communist. The farm reflects the dynamics of a nation represented by animals: the government (the pigs), the police force or army as the dogs and the working class as the other animals. Its location amid a number of hostile neighboring farms supports its symbolism as a political entity with diplomatic concerns. Orwell portrayed detailed symbolism in 1984 and Animal Farm, keeping both novels renowned up to the day. Orwell remains an important author as his themes reoccur in the twentieth century. His writing gives a sense of how life is a struggle but it is not to be feared ââ¬â that fitting in and belonging need not be the most important goals in life. Orwell was willing to go out there and fight in trenches for what we believed and he wrote about what he thought was important. He was a great representational novelist, as seen in Nineteen Eighty-Four, for portraying the realities of mundane life in totalitarian societies in such original and artistic manner.
Thursday, November 7, 2019
The Differences Between Manga And Anime
The Differences Between Manga And Anime Manga And Anime: Two Different But So Close Kinds of Japanese Entertainment If you go deep into the history of anime, you will reach its Japanese origin. Anime is an abbreviation from English animation, even though many used to think this word has French roots. In 1917, in the country of the rising sun, the world saw the first cartoons that were more traditional for the Japanese audience than for the American. Until the seventies, Japanese cartoons were called manga-eiga, pointing out to the close relationship between anime and manga. In todays development, the anime has several types: TV series, films, OVA (anime exclusively for video), ONA (anime for the Internet), and TV-Specials (bonus series, often not connected with the main storyline). CONCLUSIONS Anime appeared in the early twentieth century, while the manga has been known since the Middle Ages. It is important to remember, anime are cartoons, and manga is a comic book. The subjects of manga are more profound and interesting, while the anime stories are somewhat simplified. Manga is often black and white, whereas anime is in color. Only a few people work over the creation of manga; the creation of anime requires a large staff, cash, and labor costs. Even though manga and anime have a completely different purpose, they both are exclusive examples of exquisite Japanese culture due to underlining the importance of different style. The next time you are going to buy manga or watch an anime series, remember the sophisticated story that lies behind its creation and people, who tried hard to bring the entertainment to you.
Tuesday, November 5, 2019
Theme - Definition and Examples in Composition
Theme s in Composition Definitions (1) In literature and composition, aà theme is the main idea of a text, expressed directly or indirectly. Adjective: thematic. (2) In composition studies, a theme is a short essay orà composition assigned as a writing exercise. See also: Composing My First College Essay, by Sandy KlemFive-Paragraph EssayModels of CompositionTheme WritingWhats Wrong With the Five-Paragraph Essay? See Examples and Observations below. Also, see: EpiphanyMotifPlotThesis Etymology From the Greek, placed or laid down Examples and Observations (definition #1): Simply put, a storys theme is its idea or point (formulated as a generalization). The theme of a fable is its moral; the theme of a parable is its teaching; the theme of a short story is its implied view of life and conduct. Unlike the fable and parable, however, most fiction is not designed primarily to teach or preach. Its theme, thus, is more obliquely presented. In fact, theme in fiction is rarely presented at all; readers abstract it from the details of characters and action that compose the story.(Robert DiYanni, Literature. McGraw-Hill, 2002) Orwells Theme(s) in the Essay A Hanging- A Hanging is [George] Orwells first distinctive work. It gives an apparently objective account of a ritualistic executionfrom fixed bayonets to a bag over the head of the condemnedin which the narrator officially and actively participates. . . . At this halfway point Orwell states his theme: till that moment I had never realized what it means to destroy a healthy, conscious man. When I saw the pris oner step aside to avoid the puddle, I saw the mystery, the unspeakable wrongness, of cutting a life short when it is in full tide. Instead of invoking religion, he asserts a quasi-religious sense of lifes sacrednessthe first expression of the instinctive humanism that characterizes all his work.(Jeffrey Meyers, Orwell: Wintry Conscience of a Generation. Norton, 2000)- A variation on this theme occurs in several of Orwells most famous texts containing epiphanies, moments of illumination in which the humanity of people he has hitherto viewed in terms of dehumanizing generalizations suddenly breaks through, and Orwells perception is jarred as he understands, with a shock, that these are people like himself. . . . In the early sketch entitled A Hanging (1931), Orwell describes how his idea of what it means to kill a man is altered by the Hindu prisoners gesture of stepping aside to avoid a puddle on the way to the gallows. What the text reveals, however, is that the prisoner at first l ooks to Orwell like a mere insignificant object. Into this scene, well defined in terms of the prisoners already marginal existence, breaks the unexpected gesture, making Orwell (or the Orwellian narrative persona) realize that the prisoner is alive, just as he is . . . . This chronicle is generally interpreted along the lines Orwell lays down, as the revelation of the barbarity of execution, but its primary meaning, I believe, is another. An inferiorized human being has for an instant become a genuine person in the eyes of one of the masters.(Daphne Patai,The Orwell Mystique: A Study in Male Ideology. University of Massachusetts Press, 1984) The Themes of the Novel Charlottes Web- Themes are subject to readers interpretation, so different individuals may identify different themes in the same book; the dominant idea or theme, however, should be apparent to readers.Charlottes Web offers many layers of meaning to readers. Younger children are apt to understand this book as an animal fantasy. Older children are ready to apprehend the cycle of life and death, while adults recognize the irony in a situation that gives one character credit for the creativity of another. This is why we recommend using Charlottes Web in the third or fourth grade, when children are ready to understand its major theme.(Barbara Stoodt et al., Childrens Literature:Discovery for a Lifetime. Macmillan, 1996)- Identifying theme is typically a bit more difficult perhaps because theme is often confused with plot summary or motif. . . . Charlottes Web (White, 1952) is a story about a pig whose life is saved by a spider is not a theme statement! It is a pl ot statement. Charlottes Web is a story about friendship is also not a theme statement! Rather, it is a statement identifying one of the most important motifs in the storyfriendship. A theme in Charlottes Web is that true friendship involves responsibilities as well as privileges is a theme statement!(R. Craig Roney, The Story Performance Handbook. Lawrence Erlbaum, 2001)- Besides mortality itself, throughout many idyllic scenes [in Charlottes Web] Andy [White] dabbed colorful spots of melancholy. He translated the song sparrows aria as sweet, sweet, sweet interlude and informed the reader that it referred to lifes brevity. Crickets harped on the same theme. But overall Andys theme was the joy of being alive, of reveling in the moment with visceral attention. What seemed like two themes were really one.(Michael Sims, The Story of Charlottes Web. Walker, 2011) The Difference Between Plot and ThemeIf you sometimes confuse plot with theme, keep the two elements separate by thinking of theme as what the story is about, and plot as the situation that brings it into focus. You might think of theme as the message of the storythe lesson to be learned, the question that is asked, or what it is the author is trying to tell us about life and the human condition. Plot is the action by which this truth will be demonstrated.(Phyllis Reynolds Naylor, quoted by Kenneth John Atchity and Chi-Li Wong in Writing Treatments That Sell, rev. ed. Henry Holt, 2003) Thesis and ThemeThe thesis is the main point you are trying to argue [in a composition]: for instance, that abortion is every womans right or that housing discrimination is wrong. The theme, on the other hand, is a motif established by orchestrated connotative language that reinforces the thesis. Theme differs from thesis in that theme relies on inference and suggested meaning rather than on direct st atement.(Kristin R. Woolever, About Writing: A Rhetoric for Advanced Writers. Wadsworth, 1991) Pronunciation: THEEM
Sunday, November 3, 2019
Rock and Roll Essay Example | Topics and Well Written Essays - 1500 words
Rock and Roll - Essay Example Rock and roll lyrics in the early 60ââ¬â¢s were mostly inclined towards love; nevertheless, numerous other themes were addressed either independently from or alongside romance. A noteworthy element of rock and roll in the 60s was that it was markedly inclined towards the musicality and authenticity of ideology unlike other genres such as pop. During this period, several other music varieties emerged bearing a distinctive rock music sub-genre feel such as RnB Folk rock and Jazz fusion among others. The period also saw the development of more specific music types such as progressive rock, this particular genre majored on artistic elements while glam rock could be said to emphasize showmanship as well as the visual technique. Notably, the diverse and enduring major sub-genre that is heavy metal has retained most of its initial attributes also was also introduced around this time, unlike the others it focused on the volume power as well as speed. Fashion In 1999, the metropolitan muse um of Art acknowledged the role played by rock music in fashion in an exhibition running from up to 2000 in which the significant stages in rock and roll fashion were on display (Vogue, n.d). Fashion is one of the most important art forms and so is music as such it was only natural that the two are merged and the impact of the unity of the two was seen in performance of rock and roll from the onset. In its advent, the influence of rock and roll in fashion was seen in the clothes popularized by the early rock stars; Elvis Presley had his blue suede shoes, the Beatles in the British invasion brought with them their hairstyle, which influenced the American hair fashion sense for decades (Gritten, 1994). In addition, Motley Crueââ¬â¢s Nikki Sixx and many others then also inspired tattoos that came in vogue around. In the 60ââ¬â¢s, musical groups would wear stage uniforms made in expensive materials for stage performances and they would be identified with their particular looks whi ch their fans often copied. In the mid 60ââ¬â¢s, the rolling stones showed up and they introduced the tough leather wearing street image and are credited with being the first to cast aside the group fashion mentality. Each of them adopted his own style and they did not have to conform to a specific dress code or uniform, this spawned a myriad of fashion trends and actually brought about a split in the cultural scene where there were two groups, the mods and rocker. The former preferred expensive high end clothing and rockers went for jeans and t-shirts, the rockers clearly won in and even today, the fashion trend which they set in the 60ââ¬â¢s is still dominant today among both artists and in the fashion industry. In addition, the late sixties, rockers embraced the hippie fashion, wore jeans, tie, and dye t-shirts, which became totem of the 1960s fashion. In the 70ââ¬â¢s, when disco hits became popular the urban styles that were the epitome of fashion took a firm hold on to dayââ¬â¢s world and have continued to evolve over the years. Grudge was popularized by bands such as nirvana, which were characterized by a gothic look that is a major part of todayââ¬â¢s performance of rock music both on stage and on the digital media. Surprisingly, todays rock stars such as Bon Jovi have not moved too far away from the 70s and 80s fashion and in his videos such ââ¬Å"We werenââ¬â¢t born to followâ⬠there is a distinct similarity between the rock stars in their faded jeans and t-shirts to their forerunners decades ago. In addition, the individuality that sparked off by the rolling stones
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