Baroque Painting Analysis Free Essays

string(71) an exceptionally imperative piece of the structure and by and large cosmetics of the image. Ornate: Two Pieces, Two Styles: Procaccini versus Le Nain Art has changed tremendously all through its reality in written history. It has advanced from cavern drawings to wonderful scholastically prepared cleaned bits of emphatically refined craftsmanship. The changes which â€Å"contemporary† (for the time) craftsmen made are surprising. We will compose a custom article test on Rococo Painting Analysis or on the other hand any comparable point just for you Request Now Their phenomenally prepared imaginative eyes offer path to the sublime brushwork their cerebrums and hands dexterously build. These thoughts are seen obviously in the Museum of Fine Arts’ Koch Gallery. This enormous space houses the absolute most astounding fine art from the absolute most renowned specialists. The space is developed a lot of like in the Academic Salon in that the pieces are orchestrated at various levels directing their significance. The more persuasive and very much made works are hung at eye level, while the pieces that are not as exceptionally respected by the salon are hung either high above view or underneath the better pieces. Two pictures which simply happen to be adjusted and situated at eye level, stand apart among the lovely works encompassing them. The pieces are Giulio Cesare Procaccini’s â€Å"The Scourging of Christ† and Mathieu Le Nain’s â€Å"The Entombment of Christ†. The two works offer a lot to the watcher. In the two canvases the craftsman delineates a specific second in a definitive demise of Jesus Christ. Alone each work can be deciphered and deciphered from various perspectives yet together the two pictures open up a universe of differentiation and perspectives of contrasting styles and impacts. Giulio Cesare Procaccini was conceived in Bologna, Italy and around 10 years after the fact moved to Milan where he prospered as an ornate stone worker and painter Procaccini’s work was additionally impacted by the mannerist style, a style that his dad worked in. Milan and Italy all in all, in the mid seventeenth century was a blasting craftsman Mecca. Craftsmen like Caravaggio, Gentileschi, just as Procaccini were making significant advances in the ornate style. The portrayal of strict and recorded scenes was critical in the early extravagant artistic creations seen at the hour of Procaccini’s proficient vocation. The works, for example, Caravaggio’s â€Å"Entombment† just as â€Å"The Conversion of Saint Paul† shed some light onto the impacts of Procaccini. Quite a bit of Italy at the time had an eye for the showy and emotional. This period saw serious movements, feelings and lighting. Giulio Cesare Procaccini’s â€Å"The Scourging of Christ† can be viewed as the meaning of the loaning of the elaborate style with that of the mannerist. With its huge size the craftsman can completely explain the space and fit in the vital data. The structures in the sythesis are put such that the picture is even on all sides. The work of art is just a little portion of what is really happening in the scene . The edge of the piece fills in as a path for our cerebrum to just observe what is put before us, however we should look further and put ourselves in the real occasion and feel the group around us. The group can’t be seen yet suggested by the profound vignette encompassing the supernaturally lit Jesus. The casing functions as a seclusion for the torment and forlornness that can be found according to Jesus. Procaccini’s choice to focus Jesus in structure says a lot to what he is attempting to inspire from the watcher. Jesus is seen bound to a little column sharing the focal point of the arrangement. With all the movement encompassing him, Jesus appears to be quiet and alone in his agony. The work of art arrangement can be viewed as intricate just as straightforward simultaneously. The mass of development of the characters and strain found in the faintly lit corners would order the work of art as mind boggling. As opposed to that order, Jesus with the utilization of solid light and shade is seen exclusively without anyone else. Jesus is focused before four different figures that are totally orchestrated such that the picture has equivalent load on all sides and all the corners are explained uniformly. The utilization of uncovered substance in redundancy is utilized beginning with the fighter to one side, proceeding to Jesus lastly to the more established man of his word filling the base right of the sythesis. This utilization of this reiteration is a pleasant touch and permits the watcher to peruse similarly the surfaces of the piece. The scale and extent of the figures are generally equivalent loaning into the legitimacy of the scene in the space. Procaccini’s primary goal in the artistic creation is for the watcher to concentrate exclusively on the figures, nullifying to try and allude to a foundation. The types of the figures are so all around developed that they permit the structures to take a three dimensional shape. This makes space on an in any case level canvas. The figures that forcefully sneak out of sight are trapped in a second in time not long before Jesus is more than once whipped. Procaccini shrewdly interfaces this Italianesque canvas with its old style courses by covering the figure going to whip Jesus with the scourge in a conventional turban, a conspicuous bit of the Middle East. This precise portrayal of piece of clothing is as opposed to the roman officer that at last wouldn’t have been available right now ever. The officer fills a need in building up florid elegance in the treatment of his drapery just as his flawlessly explained musculature, cementing the nearness of ornate style. The more established man of honor portrayed to one side of Jesus is suggestive of Bronzino’s father time. The stance of both this honorable man and father time are to some degree comparative and furthermore the manner in which the two craftsmen have offered his age relative his more youthful solid form. This might be an inconspicuous method of saying that Christ’s time on earth might be attracting to a nearby. It might have additionally filled in as an approach to persuade the residents to benefit as much as possible from their time on earth. Line is anything but an indispensable piece of the creation and by and large cosmetics of the picture. You read Elaborate Painting Analysis in class Papers Truth be told, hardly any lines can be found in the basic lines of the column that Jesus is bound to. Be that as it may, one line of significance leads from the left foot of Jesus, up his thigh and through his middle, shooting our eye up from Jesus’ body to the scourge employing hand of the figure going to strike him. These inferred lines include geometric quality just as move the viewer’s eye in the spots the craftsman wishes. Jesus’ body additionally alludes to a mannerist impact in that the body has a natural stream and utilization of serpentinata. It is obvious in the contrapposto or weight move that makes the body structure a streaming â€Å"S† shape. Assuming an inconspicuous job in the achievement of the piece, shading is indicated in little territories yet is overwhelmed with the diminish lighting. Red is available in the upper right hand corner on the very much created piece of clothing of one more scourge employing resident. Keeping with evenness, Procaccini places a sprinkle of red as the soldier’s drapery. With shading affecting the general picture in a to some degree little way, it considers the utilization of light to have a greater amount of an effect. The lighting in â€Å"The Scourging of Christ† is without saying, stunning. Much like Caravaggio, Procaccini has aced the utilization of Tenebrism. Christ is seen energetically lit in the middle lit up before a dull horrid scene unfurling behind him. In this circumstance, the picture is portraying Christ so hence the light can be viewed as awesome. The heavenly light is provided reason to feel ambiguous about down from god Jesus and fills in as an approach to practically quiet the circumstance and state to Jesus and the watcher that it is alright, that he’s languishing over the benefit of all humanity. This solid message can be named extravagant brain research, where the watcher is genuinely and profoundly associated. Procaccini’s comprehension of how he human condition responds to specific things help his work of art such that he realizes the correct outlet to contact his crowd through. For this situation it is the perfect hand or light of God. Without having a characterized foundation and utilization of planes the craftsman utilizes the splendid light and differentiating murkiness around it to take into considera tion space to be seen. As said previously, Jesus is the premier figure because of Tenebrism and the resulting figures are portrayed in space behind. The smooth progress from the celestial lit territories, to the darker increasingly unclear corners of the creation are incredibly fruitful. For the heavenly light to hit Christ and not stray a long way from the little shine from his fair skin requires quiet and purposeful style strokes. This change just functions admirably with this sort of paint application. The specific strokes give it a photographic like quality that catch the scene correctly how it happens without the deliberation of strokes like that of Rembrandt. This depiction of a second in time and the able rendering of the scene all work together in permitting the scene to turn out to be genuine and the watcher to turn out to be sincerely moved and included. None of this is by some coincidence; Procaccini has capably spread out each part of the piece from the account, to the characters, just as the feelings this piece would bring out. This interpretation of an exemplary scene is ageless and his dominance of the extravagant and mannerist styles are expertly created. In a somewhat unmistakable difference to Procaccini’s rendering of Christ before his season of death, Mathieu Le Nain has made â€Å"The Entombment of Christ†, a portrayal of Christ after he was taken from the cross. Mathieu Le Nain was one of three siblings who were notable French extravagant craftsmen in the seventeenth century. The French rococo style is very unique to that of the ornate styles rehearsed in Southern and Eastern Europe, specifically, those foun

Should dangerous sports be banned Essays - Dispute Resolution

A great many individuals play sport each day, and, unavoidably, some endure injury or torment. Most players and onlookers acknowledge this hazard. Be that as it may, a few people might want to see risky games, for example, boxing prohibited. This paper will look at a portion of the explanations behind restricting certain games. A few games are only a reason for brutality. Boxing is an ideal model. The exact opposite thing an undeniably rough world needs is more brutality on our TV. Seeing two men (or even ladies) seeping, with faces tore open, attempting to devastate each other is brutal. Different games, for example, American football or rugby, are additionally scarcely covered viciousness. A few people contend that the players can decide to partake. Anyway this isn't generally the situation. Numerous fighters, for instance, originate from hindered foundations. They are attracted by cash or by social or friend weight and afterward can't get away. Indeed, even in more extravagant social gatherings, schools power reluctant understudies to play forceful group activities, asserting that playing will improve the understudies' character (or the school's notoriety), however in actuality expanding the danger of injury. Indeed, even where individuals can pick, they here and there should be secured against themselves. A great many people favor of governments' endeavors to decrease smoking. Similarly, governments need to act if there are inadmissibly significant levels of wounds in sports, for example, football, plunging, mountaineering, or engine hustling. I acknowledge that all games include challenge and hazard. Anyway savagery and animosity ought not be allowed for the sake of game. Governments and people must act to restrain mercilessness and brutality, with the goal that kids and grown-ups can appreciate and profit by sport.

Thirty Minutes Later: Are You Smarter Yet?

Every single night heaps of individuals turn on their TVs and check out their preferred projects. A great many people believe that this conduct is entirely ordinary and that nothing is either especially acceptable or unfavorably terrible about doing as such. Others really imagine that staring at the TV can and now and then makes you more intelligent. I feel that the general articulation â€Å"tv makes you smarter† isn't explicit enough when discussing such an issue. I imagine that some TV projects can assist you with increasing some information yet I don't accept that all TV makes you smarter.So, does staring at the TV make you more astute, stupider, or does it have no effect by any means? In Steven Johnson’s exposition â€Å"Watching TV Makes You Smarter† he contends that staring at the TV â€Å"alters the psychological advancement of youngsters to improve things (291)†. Implying that when youngsters sit in front of the TV it can associate in the improvem ent of their brains. Basically, he is stating that sitting in front of the TV can really make an individual more intelligent. In his article, Johnson utilizes the well known demonstrate 24 to help his case. He expresses that â€Å"to understand a scene of 24 you need to focus, make inductions, and track social relationships†(279).Johnson alludes to this as a major aspect of what he calls the Sleeper Curve. Johnson accepts that the Sleeper Curve is the absolute most significant new power changing the psychological improvement of youngsters today, and it is to a great extent a power for good†(279). He concurs that the media may in fact contain increasingly negative messages yet he doesn't feel that is the best way to assess whether our network shows are having a positive effect or not. In one piece of his exposition, Johnson looks at the scholarly strain of watching shows like Frasier, and The Mary Tyler Moore Show to the physical strain of watching Monday Night Football. With that examination he is fundamentally saying that the watcher doesn't need to consider the substance of the show so as to follow the storyline a similar way an individual doesn't need to really play football so as to appreciate a game. All through his article, Johnson even ventures to state that even â€Å"bad† TV has improved. To approve this point he discusses Joe Millionaire and The Apprentice.He examines how all together how so as to win the show contenders needed to conquer certain snags, make sense of â€Å"weak spots† in the game, and use all that they figured out how to finish the lastâ challenge which typically contained a contort. This goes to state that on a superficial level it might appear as though these shows are anything but difficult to follow however they contain shocks that may hinder what the watcher thought would occur. Johnson expresses that â€Å"traditional story likewise trigger passionate associations with the characters† (291). He clarifies this by discussing the to a great extent famous show Survivor, and how in light of the fact that our feelings are included it turns out to be anything but difficult to cast a ballot somebody off the island instead of somebody else.I imagine that solitary particular sorts of TV programs makes you more intelligent, so part of me concurs with Steven Johnson’s contention. I imagine that individuals can take in things from specific sorts of shows. At the point when an individual watches appear on the Food Network, the individual will in all probability figure out how to set up another dish, or enhance a strategy that they are experiencing difficulty with. Another model would be when youngsters watch â€Å"Dora the Explorer†. A few people may just observe a show like this as approach to keep kids calm and occupied.What they would acknowledge whether they really plunked down and viewed a scene or two is that youngsters can gain numerous things like; shapes, hues, n umbers, letters and even some Spanish, all inside the thirty moment runtime of the show. There might be a few sitcoms or unscripted TV dramas out there that you can gain from yet I presently can't seem to discover one that I took in an exercise from. The explanation I don't completely concur with his contention that TV makes you more brilliant is on the grounds that I think just specific sorts of shows make you more astute. I think in his article he is alluding to all network shows and genres.I think he is alluding to all kinds in his contention since he doesn’t state that a particular sort or show is rejected. I don't figure an individual can take in anything from a football match-up, or a scene of Family Guy on the grounds that, as I would like to think, these shows have the underside reason for engaging the individuals that watch them. Family Guy is a vivified arrangement about a family and the entirety of the insane circumstances they get themselves in to. Incidentally, o ne individual from the family is a talking child. In Dana Stevens’ paper, Thinking Outside the Idiot Box, she unmitigatedly can't help contradicting Johnson.She even ventures to deride him saying, â€Å"If staring at the TV truly make you more brilliant, as Steven Johnson contended in an article†¦ then I surmise I have to watch significantly more television†¦because†¦I could not understand Johnson’s piece†(295). I think this remark utilized logos since she is stating that since she wasn’t ready to comprehend Johnson’s contention perhaps she doesn’t observe enough TV. Obviously this remark was a snide one. So as to make this point more clear she references the famous children’s show Teletubbies, saying that it is â€Å"essentially an instructional exercise educating babies the fundamentals of vegging out† (Stevens 296).She believes that the show 24 shows you nothing but to observe further scenes of the show. Steve ns likewise expresses that Johnson’s guarantee for TV as an instrument for mind upgrade appears to be profoundly and amusingly false (297). In this way, obviously Stevens is a piece of the gathering of individuals that don't think TV makes you more astute. I don’t think Stevens is thoroughly staring at the TV. I think rather she is against people sitting in front of the TV constantly and figuring it will make them more brilliant. She feels that grown-ups should screen the measure of TV they watch, a similar way they screen the number f mixed beverages they expend at a bar.Stevens closes her exposition by giving perusers an approach to test Johnson’s hypothesis: â€Å"National Television Turnoff Week† (298). Regardless of whether the participant’s IQ doesn’t drop from not sitting in front of the TV, it would at present offer people’s minds a reprieve from staring at the TV and offer them the chance to tune back in with genuine individu als, genuine issues, and reality. She additionally makes reference to a handheld gadget that can turn off any TV inside twenty to twenty-five feet. The distinction between this remote and some other remote as of now available is that this remote would be able to control all TVs inside its radius.Like with any new innovation there are the two advocates and adversaries. Advocates imagine that this gadget will reestablish harmony and serenity to open places, for example, air terminals and transport stations. Rivals think this simply one more route for individuals to attempt to control their lives. I think the gadget is obtrusive and controlling. On the off chance that individuals need to sit in front of the TV for twenty-four hours in a row, they are grown-ups and they ought to have the option to do that. This gadget identifies with the discussion about TV since individuals that think TV is observed a lot of would need this remote to be used.But for individuals that think TV is valuabl e just as engaging, the utilization of this gadget would appear to be an intrusion of protection. I am by and by going back and forth of this issue. I think some TV programs have instructive worth. I additionally figure individuals should observe less TV, and maybe get a book-which are demonstrated to make you more brilliant. I think shows, for example, Wheel of Fortune, Family Feud, and Who Wants to Be a Millionaire make you more brilliant in light of the fact that you can’t help yet inundate yourself in the show and attempt to find the solutions right.Even in the event that you find the solutions wrong, or never utilize the data you picked up, you ledge got the hang of something. Then again, I don’t think unscripted tv shows can show you anything by any means. Think about your preferred unscripted TV drama, presently take a couple of moments to cause a psychological rundown of the things you to have gained from watching that appear. On the off chance that you can con sider anything by any stretch of the imagination, the rundown is most likely short. This is alright in light of the fact that the sole motivation behind TV isn't to instruct individuals. I think TV should be looked for amusement purposes.If you were to take a survey of the network shows individuals watch all the time, the vast majority of the appropriate responses would presumably be; Scandal, Teen Mom, and NCIS. These shows I would need to state contain almost no to nothing to show an individual. A few shows can even empower awful practices and impact individuals to do terrible things. Let’s take the famous MTV show Teen Mom for example; before the show initially debuted, when adolescents would get pregnant they didn’t think it was cool, or charming, and they unquestionably were not posting pictures on Facebook with their pregnant friends.When high school young ladies saw the entirety of the popularity the superstars were getting, it by one way or another enrolled in their brains that on the off chance that they got pregnant at a youthful age they would some way or another become the superstar, get paid for it, and carry on with a glad life. What they don’t acknowledge until it’s past the point of no return is that the greater part of the stuff on â€Å"reality† shows are organized and counterfeit. One of my undisputed top choice shows was Jersey Shore, which was an unscripted TV drama about a gathering of outsiders living in a house together for various months.The show followed the entirety of the drinking, smoking, dramatization, and sex that went on in that house. What youthful teenagers appeared to overlook was that the individuals on that show were of lawful drinking age that were considered responsible for their own activities, so when they went out attempting to copy the cast individuals conduct they and their folks wound up in a tough situation. This backings my case that some TV programs are for entert

Early Modern Period Free Essays

1450-1750 Early Modern Period Major Developments I. Inquiries of Periodization A. Significant focuses 1. We will compose a custom article test on Early Modern Period or on the other hand any comparable point just for you Request Now Move in capacity toward the West a. Ascent of the West with fall of China and India makes awkwardness in power that favors Europeans for next 200 years 2. World decreases †practically all human advancements contacted in terms of professional career 3. New Empires †Spain, Portugal, England, France, Netherlands, Ottoman, Russian, Mughal, Ming 4. Time of Gunpowder B. Changes at end of Postclassical Era 1. Free social orders (Aztecs, Incas) self-destructing 2. Middle Easterner force declining 3. New intrusions †Mongols 4. Stool Empire picks up power a. Europeans compromised by new power to East 5. Chinese play with exchange, yet Ming civil servants pull back 6. Europe enters period of investigation C. Western Europe 1. Bizarre horticultural human progress 2. New perspective on family †atomic a. Love toward mate b. Warmth toward kids 3. Come back to discerning idea 4. Stable political structures a. Outright government b. Parliamentary governments 5. Strict reformers a. Change the Church b. Protestant Reformation D. Impacts of Global Economy 1. By 1750, nearly everybody knows everybody 2. Food trade †new staple harvests to Africa (corn), Europe (potato) 3. Inconsistent connections †ace, slave, proprietors, workforce 4. Slaves and serfs 5. Ailments E. Topics 1. Declining accentuation of travelers 2. Direct connections †ministers supplant delegates (Nomads) 3. Sex relations stay man centric 4. Work relations change †ace/slave †maltreatment of indigenous people groups 5. A couple of business pioneers get rich 6. Natural changes a. ood, creature, ailment exhange 7. Local vegetation a. Deforestation for staple yields b. Touching area for recently presented large animals trouble 8. Centralization of governments a. Present day government 1. administrations 2. organizations 3. admiralties 4. treasuries 5. general staff 6. state banks 9. Country states started to rise a. strong political units with fixed outskirts b. feeling of national solidarity c. populaces generally homoge nous †language/ethnicity F. Bigger Trends 1. Americas overpowered by untouchables 2. Three patterns a. Western extension . Globalization of exchange c. Black powder 3. Responses a. Grasp by decision b. Grasp forcibly c. Decide to stay autonomous, include in exchange on own standing G. Why 1450 and 1750 1. 1450 a. End of the Middle Ages b. Start of the Northern Renaissance †away from Italian city-states c. English removed from France d. Brought together France started to practice its capacity e. Globalization of exchange starts f. Direct contact among Europe and sub-Saharan Africa/Americas g. End of the Byzantine Empire h. Stool Turks ascend to control The most effective method to refer to Early Modern Period, Papers

Technical writing Essay Example | Topics and Well Written Essays - 750 words

Specialized composition - Essay Example In this manner, the reason for this notice is to give data about the impact of the Japan’s business culture and exchange styles on business. Regardless of the ongoing changes in the Japanese business culture, the Japanese exchange style remains the most unmistakable on the planet. It is far not the same as exchange styles in Japan’s nearest neighbors, for example, Taiwan and Korea. Japanese officials embrace an inconspicuous, relaxed bartering, in opposition to the run of the mill forceful wheeling and dealing of Chinese and Korean business administrators (Hodgson, Sano and Graham 39). This postures difficulties in working together in light of the fact that, Japanese will in general be increasingly slow conscious in making concessions (Nishiyama 102). This takes quite a while in settling on business choices for the gatherings in question. Different difficulties emerge due to the Japanese’s retreat into ambiguous articulations or quietness when there are inconveni ences, creation of successive referrals to the administrative center or bosses, and their nonverbal practices that are perplexing and confounding (Nishiyama 102). The reminder has been written in this picked plan strategy as a result of its motivation. Being an instructive reminder, arrangement of data and insights regarding Japan’s corporate culture and exchange styles and how they present difficulties to working together in Japan is the center capacity of this notice. ... Part B: A Report on the Challenges Associated with working together in Japan The significant difficulties that are related with working together in Japan are installed in the country’s corporate culture and language. In the first place, when one goes to work together in Japan, the person faces difficulties of acknowledgment. The Japanese doesn't acknowledge outsiders promptly and accept them as their own just like the case in different nations. This makes a test in creating, and keeping up viable business relations inside the Japanese framework. Another test comes from how male Japanese relates with females. For example, male Japanese officials have no involvement with managing female administrators, and have practically no convention of doing as such (Mente 79). Accordingly, females working together in Japan faces challenges since some Japanese will in general accept that ladies are not intended to be business chiefs in any case. The Japanese market is a troublesome market. T here are huge difficulties related with section to the Japanese market, which is amazingly costly and tedious. Sometimes, it might be completely difficult to break into the dissemination channels for specific items. This is on the grounds that these channels are closely knit that no outsider can infiltrate them (Mente 42). Powerlessness to break into these channels has nothing to do with costs or item marketability, however it is connected to the solid connections between Japanese makers, retailers and makers. Interesting society and trouble Japanese language makes critical difficulties in working together. Language obstruction and misconception of culture lead to miscommunication and misconception (Haghirian 55). The

4 Books to Get You Started on Contemporary International Politics

4 Books to Get You Started on Contemporary International Politics Sometimes Hollywood and Netflix makes the U.S. seem like the whole world. Especially if, like me, you have the tendency to click on things in your recommended list. We can really get caught up in a bubble when Netflix or Amazon recommends stuff to us that they know well like, based on our previous purchases. Then the media were exposed to doesnt so much open our minds as reinforce our pre-existing values or beliefs. With  Western democracy being increasingly cast in doubt, reading beyond ones political ideology is now more important than ever (if youre not convinced, herere  5 reasons why you should). And that includes broadening our horizons to look at contemporary politics from a global view. So, because I believe in being a well-informed voter, I took a stroll down the Politics section of the library andâ€"boy was it overwhelming! For someone whose only exposure to contemporary international politics was House of Cards, I had to read a truckload to understand just the basics of wh ats going on in a few major countries of the world. To save you the trouble of getting lost in a whole labyrinth of political ideology, heres a list of books about contemporary international politics to get you started. Conscience of a conservative: A Rejection of destructive politics and a return to principle  by jeff flake A scathing critique of Trump that both Democrats and Republicans can appreciate. I found this a more genuine account of what goes on inside the White House than, say, the New York Times Bestseller  Fire and Fury,  which reads more like tabloid journalism (that one definitely wins in entertainment value, thoughâ€"I laughed when I learnt how much Trump hates reading). Some may accuse Senator Flake of hypocrisy, but the book itself takes a well-informed look at the current state of American politics, and makes a compelling call to return to bipartisanship and civility. How democracies die: What history reveals about our future  by steven levitsky and daniel ziblatt Democracies die when individuals are given power through democratic means and then subvert the systems rules or principles. In this book, Harvard scholars Levitsky and Ziblatt examine the collapse of modern democracies such as Germany and Italy, laying out the warning signs of authoritarianism that are flashing all too brightly now in Trump-led U.S. Introduction to Comparative Politics: The State and Its Challenges  By Robert Hislope and Anthony Mughan Recommended to me by a Pol. Science friend. Quite beginner-friendly. Hislope and Mughan provide an adequate number of case studies, comparing the authoritarian regimes of Myanmar, Kuwait and Paraguay with various systems of democracy. I found the chapter on organised crime most fascinating. Its rare in a textbook to get such a detailed study of the impact of crime on politics. The East asian challenge for Democracy: political meritocracy in comparative perspective  edited by daniel A. Bell and chenyang li Here we leave behind the traditional dichotomy of democracy and authoritarianism. Writers of this essay compilation met in Singapore, the only officially meritocratic country that doesnt reject democracy, to exchange ideas. Comparing the political meritocracy of Singapore and China with its philosophy, history, and practice in the U.S. and UK, this book is a wellspring of political wisdom. As scholars openly weigh the strengths and weaknesses of both democracy and meritocracy, they prompt us to consider how democratic processes of selection can best be integrated with the Confucian ideal of meritâ€"be it intelligence or virtueâ€"in public leadership, without falling prey to the corruptive influence of power. Some critics call Singapore an autocracy, but as this writer puts it, at least the escalators work. What books do you recommend about contemporary international politics?   Sign up for True Story to receive nonfiction news, new releases, and must-read forthcoming titles. Thank you for signing up! Keep an eye on your inbox.

Sex discrimination in the European Court of Justice - Free Essay Example

The case law of the European Court of Justice on matters of sex discrimination considerably expanded the scope of Article 141. More recently, in applying the principle of equality, the court has shown uncharacteristic restraint. Prior to the treaty of Amsterdam, the then Article 119 of the EC Treaty provided: à ¢Ã¢â€š ¬Ã…“Each Member State shall during the first stage ensure and subsequently maintain the application of the principle that men and women should receive equal pay for equal work. For the purpose of this Article, à ¢Ã¢â€š ¬Ã‹Å"payà ¢Ã¢â€š ¬Ã¢â€ž ¢ means the ordinary basic minimum wage or salary and any other consideration, whether in cash or in kind, which the worker receives, directly or indirectly, in respect of his employment from his employer.à ¢Ã¢â€š ¬Ã‚  This was amended by the Amsterdam Treaty and became Article 141: à ¢Ã¢â€š ¬Ã…“Each Member State shall ensure that the principle of equal pay for male and female workers for equal work or work of equal value is applied.à ¢Ã¢â€š ¬Ã‚  It has been observed[1] that à ¢Ã¢â€š ¬Ã…“although the wording has seemingly broadened, this reflects the jurisprudence of the ECJ [emphasis supplied] and the central principle remains the same. During the à ¢Ã¢â€š ¬Ã…“first stageà ¢Ã¢â€š ¬Ã‚  referred to in Art.119 (1958-62), it was thought that implementation of the principle of equal pay would be by national measures. When some of the then six member states failed to do this, the Commission took no enforcement action against them. However, in Case 43/75 Defrenne v Sabena (No.2), a Belgian air hostess claimed compensation for discrimination based on the fact that she received less pay than cabin stewards doing the same work. The Court de Travail asked the Court of Justice if Art.119 could be relied upon in national courts independently of national legislation. The court held that Art.119 was directly effective and gave rise to individual rights which national courts must protect in cases of discrimination. These could be identified by the courts solely with the aid of the à ¢Ã¢â€š ¬Ã…“equal pay/equal workà ¢Ã¢â€š ¬Ã‚  criteria contained within the Article itself. However, it was acknowledged that à ¢Ã¢â€š ¬Ã…“ the complete implementation of the aimà ¢Ã¢â€š ¬Ã‚ ¦may in certain cases involve the elaboration of criteria whose implementation necessitates the taking of appropriate measures at Community and national level.à ¢Ã¢â€š ¬Ã‚  Following representations from the UK and Irish governments, concerned that direct enforcement from the end of the first stage might prove financially catastrophic to certain undertakings, it was held, somewhat expediently, that the decision was to have prospective effect. The first UK equal pay case to be referred to the Court of Justice itself brought about a broadening in the perceived application of the Treaty principle. In Case 129/79 Maccarthys Ltd v Smith, a claim was brought on the basis that a woman was paid  £10 per week less than the man who had occupied the same position four months previously. The limitations of Defrenne were recognised in that the comparison in that case had been straightforward but that there might exist situations in which a pay difference between two workers occupying the same post at different times might be explicable by factors unconnected with discrimination on the grounds of sex. Thus it was concluded that: à ¢Ã¢â€š ¬Ã…“à ¢Ã¢â€š ¬Ã‚ ¦the principle that men and women should receive equal pay for equal work, enshrined in Article 119 of the EEC Treaty, is not confined to situations in which men and women are contemporaneously doing equal work for the same employer.à ¢Ã¢â€š ¬Ã‚  The Court was next prepared to broaden the scope of the Article in order to protect women who comprise some 90% of the part-time work force in the EU. In Case 96/80 Jenkins v Kingsgate (Clothing Productions) Ltd, a female part-time worker complained that she did not receive the same hourly rate of pay as her colleagues (both male and female) who were employed full-time on the same work. It was held that the fact that part-time work is paid at an hourly rate lower than pay for full-time work does not amount per se to discrimination prohibited by Article 119 provided that the hourly rates are applied to workers belonging to either category without distinction based on sex. However, where it is established that a considerably smaller percentage of women than of men perform the minimum number of weekly working hours required in order to be able to claim the full time hourly rate of pay, the inequality in pay will be contrary to Article 119 of the Treaty where, regard being had to the difficulties encountered by women in arranging to work that minimum number of hours per week, the pay policy of the undertaking cannot be explained by factors other than discrimination based on sex. The Court has also been willing to stretch the concept of pay. In Case 12/81 Garland v British Rail Engineering Ltd, employees and their families were entitled to special rail travel concessions. On retirement, the families of female former workers lost the concessions while those of their male counterparts ret ained them. The court ruled that such benefits constituted à ¢Ã¢â€š ¬Ã¢â€ž ¢payà ¢Ã¢â€š ¬Ã¢â€ž ¢ within the meaning of Article 119. This may be regarded as a somewhat bold application of the concept given that the employment had ceased and that the direct beneficiaries of this benefit had never received it pursuant to any contract of employment. Therefore, the necessary discrimination operated against the workerà ¢Ã¢â€š ¬Ã¢â€ž ¢s family and not against the ex-employee herself. Further decisions continued this trend. In Case 170/84 Bilka-Kaufhaus an occupational pension incorporated into contracts of employment by a collective agreement notwithstanding the fact that it had originated in German legislation was held to fall within the ambit of the Article as was a UK employerà ¢Ã¢â€š ¬Ã¢â€ž ¢s contracted-out occupational pension scheme in Case C-262/88 Barber v Guardian Royal Exchange Assurance Group. The Article has even been held to apply to compensation for unfair dismissal. In Case C-167/97 R v Secretary of State for Employment ex p Seymour-Smith, judicial review was sought of a 1985 Order varying the Employment Protection (Consolidation) Act 1978 which had the effect of precluding a claim by the female applicants on the basis that they had less than the two yearsà ¢Ã¢â€š ¬Ã¢â€ž ¢ continuous service required to bring a claim of unfair dismissal. It was argued that this order was indirectly discriminatory on the ground that by virtue of the length of service requirement it affected ore women than men. Although the argument eventually failed on this discrimination point, it was held by the European Court that a judicial award of compensation for unfair dismissal related directly to the remuneration which the employee would have received but for the dismissal. Accordingly, such compensation was paid to the applicant by virtue of her employment and was therefore to be regarded as pay notwithstanding the fact that such compensation was a statutory right as op posed to deriving from the contract of employment. Although specifically decided under the Equal Treatment Directive, Case C-13/94 P v S and Cornwall County Council perhaps illustrates the outer reaches of judicial creativity in the field of equal treatment on the grounds of gender. The applicant informed the employer of his intention to undergo gender reassignment which involved dressing as a woman for a period of time and then surgery to give him the physical attributes of a woman. A dismissal for transsexuality was challenged on the basis of discrimination on the grounds of sex. It was held that the Equal Treatment Directive applied à ¢Ã¢â€š ¬Ã…“since such discrimination is based essentially, if not conclusively, on the sex of the person concernedà ¢Ã¢â€š ¬Ã‚ . Perhaps not surprisingly, it has been observed[2] that this decision à ¢Ã¢â€š ¬Ã…“has rightly been described as à ¢Ã¢â€š ¬Ã‹Å"dramaticà ¢Ã¢â€š ¬Ã¢â€ž ¢, à ¢Ã¢â€š ¬Ã‹Å"remarkableà ¢Ã¢â€š ¬Ã¢â€ž ¢ and à ¢Ã¢â€ š ¬Ã‹Å"courageousà ¢Ã¢â€š ¬Ã¢â€ž ¢! More recently, however, the early simplicity of the application of the Article and the ideological zeal with which the Court appeared determined extend its scope appear to have become diluted. For example, in Case C-309/97 Angestelltenbetriebstrat der Wiener Gebietskrankenkasse, the issue concerned the performance of psychotherapy by doctors and graduate psychologists (the latter being predominantly women). The question before the court was whether the different qualifications of the two groups meant that they were not engaged in equal work. Rather than rely upon the difference in qualifications in allowing the pay difference to be justified on grounds other than sex, the Court ruled that it could not be said that the same work was being carried out even though it involved the same activities over a considerable length of time since the qualification base of those undertaking the work was different. A similarly craven evasion of the issue was apparent in Case C-249/97 Gruber v Silhouette International in which an Austrian woman terminated her employment because she could not arrange appropriate child care. Austrian law provided for a termination payment but this was not available where the employee had terminated the employment unless it was for à ¢Ã¢â€š ¬Ã…“important reasonsà ¢Ã¢â€š ¬Ã‚ . The Court was therefore called upon to decide whether maternity should fall within the category of such reasons. It was held that it did not since the definition of such reasons in the relevant legislation made it clear that they were to be reasons which rendered continued service impossible as distinct from the exercise of personal preference. In finding that the applicant had not been indirectly discriminated against, the Court refused to recognise that maternity should be held equivalent to à ¢Ã¢â€š ¬Ã…“important reasonsà ¢Ã¢â€š ¬Ã‚  rather than regarded as the exercise of preference. Such a conclusion is offensive to acce pted notions of justice and, given the Courtà ¢Ã¢â€š ¬Ã¢â€ž ¢s pedigree of preparedness to find indirect discrimination, especially surprising in the case of a women whose treatment was directly related to her responsibility for children. In Case C-411/96 Boyle v Equal Opportunities Commission, it was alleged that a rule which required a woman to refund to her employer the difference between contractual maternity pay and the statutory minimum to which she was entitled in the event of her not returning to work after the birth was contrary to Article 141 because the same rule did not apply to employees who received contractual sick pay above the statutory minimum level. It was held that although maternity pay clearly fell within the scope of the Article, there was no discrimination as a result of the application of different rules to comparable situations because the situations of pregnant women and those on maternity leave could not be compared to that of a man or woman on sick l eave. In the light of the earlier willingness of the Court to make comparisons based upon substance rather than form, it is difficult to understand why there was such readiness to distinguish between two apparently comparable groups on the basis that the absence was due to pregnancy in one situation and illness in another. A further example of the recently more restrictive approach to the Court in the application of Article 141 is to be found in the first decision on the Parental Leave Directive 96/34: Case C-333/97 Lewen v Denda. The complaint concerned failure to pay a Christmas bonus while the claimant was on parental leave. Plainly the bonus was pay within the terms of the Article. There was no question of direct discrimination since it would not have been paid to either a man or a woman while on parental leave. However, it was argued that the action was indirectly discriminatory since the Court found as fact that women take parental leave à ¢Ã¢â€š ¬Ã…“far more oftenà ¢Ã¢ ‚ ¬Ã‚  than men. Nonetheless, it was held that because discrimination arises when different rules are applied to comparable situations or the same rule is applied to different situations, the payment of the bonus only to those in active employment was not discriminatory because a worker who exercises the statutory right to take parental leave which carries with it an allowance paid by the state is in a special situation which cannot be compared to that of the man or woman in work since à ¢Ã¢â€š ¬Ã…“such leave involves suspension of the contract f employment and therefore of the respective obligations of the employer and the worker.à ¢Ã¢â€š ¬Ã‚  While such reasoning is superficially attractive, it is disappointing when one considers the outcome of Jenkins (supra) in which the Court was prepared to have regard to the fact that although logically a comparison should not be made between full-time and part-time workers, the reality of the situation was that in such a situation wo men were disproportionately affected and that a finding of indirect discrimination was therefore justified. This deterioration in the robustness of the Court has been well marked by commentators. Ellis[3] has remarked: à ¢Ã¢â€š ¬Ã…“With only a very few exceptions, the Courtà ¢Ã¢â€š ¬Ã¢â€ž ¢s judgments today are failing to send out the formerly clear message that sex discrimination is unlawful, that it will be recognised and outlawed even where its operation is subtle, and that few exceptions will be allowed to stand in the way of the effectiveness of the non-discrimination principle.à ¢Ã¢â€š ¬Ã‚  She argues that this à ¢Ã¢â€š ¬Ã…“loss of directionà ¢Ã¢â€š ¬Ã‚  might be a symptom of the well-known overload currently being experienced by the Court. It may also be of significance that the majority of what are regarded as forward-looking and progressive decisions have been those of the Chambers rather than the Full Court which might be becoming too large for effectiv e decision-making. The decline in the radicalism of the Court is of particular concern given recent developments within the Union. The Amsterdam Treaty of 1997 added two new provisions to the Article 141 equality principle. First, the Council is required to adopt measures to ensure equal opportunity and equal treatment of men and women in employment. Second, it overtly encourages positive action: à ¢Ã¢â€š ¬Ã…“With a view to ensuring full equality in practice between men and women in working life, the principle of equal treatment shall not prevent any Member State from maintaining or adopting measures providing for specific advantages in order to make it easier for the underrepresented sex to pursue a vocational activity or to prevent or compensate for disadvantages in professional careers.à ¢Ã¢â€š ¬Ã‚  Further, the much maligned proposed European Constitution not only specifically provides by Article II-83 that à ¢Ã¢â€š ¬Ã…“equality between men and women must be ens ured in all areas, including work and payà ¢Ã¢â€š ¬Ã‚  (and once again preserves the exemption in favour of positive action) but also requires by Article II-81 that not only should there be no discrimination on the grounds of sex but also that such protection should extend to: à ¢Ã¢â€š ¬Ã…“à ¢Ã¢â€š ¬Ã‚ ¦race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientationà ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚  In respect of sex discrimination, Defeis[4] concludes that à ¢Ã¢â€š ¬Ã…“Member States will likely continue to need prodding from the ECJ and the Commission to fully implement the new provisions of the Amsterdam Treaty.à ¢Ã¢â€š ¬Ã‚  From the trend in recent decisions of the Court in sex discrimination cases it may be concluded that much of the apparent early reforming zeal has been dissipated. The Union is now greatly enlarged and the anti-discrimination provisions of the proposed Constitution are far more wide-reaching, difficult to define and potentially controversial than the by now well-established gender equality issues. If there is to be any hope of effective enforcement of broader obligations in a Union greatly expanded in size and diversity, it is time for the European Court of Justice to rediscover its teeth. Bibliography Arnull, A., Dashwood, A., Ross, M., Wyatt, D., Wyatt and Dashwoodà ¢Ã¢â€š ¬Ã¢â€ž ¢s European Union Law, (4th Ed., 2003) Craig, P. De Burca, G., EU Law, Text, Cases and Materials, (3rd Ed., 2003) Defeis, E., The Treaty of Amsterdam: The Next Step Towards Gender Equality?, www.bc.edu Ellis, J., The Recent Jurisprudence of the Court of Justice in the Field of Sex Equality, (2000) CMLR 37, 1403-1426 Fenwick, H. Hervey, T., Sex Equality in the Single Market: New Directions for the European Court of Justice, (1995) CMLR 32, 443-470 Fredman, S., Reversing Discrimin ation, (1997) 113 LQR 575 Steiner, J. Woods, L., Textbook on EC Law, (8th Ed., 2003) Tillotson, J. Foster, N., Text, Cases and Materials on European Union Law, (4th Ed., 2003) Treaty establishing a Constitution for Europe, Council of Ministers document CIG 87/1/04 REV 1 of 13 Oct 2004 www.europa.eu.int 1 Footnotes [1] Steiner, J. Woods, L., Textbook on EC Law, (8th Ed., 2003), p.495 [2] Tillotson, J. Foster, N., Text, Cases and Materials on European Union Law, (4th Ed., 2003), p.395 [3] Ellis, J., The Recent Jurisprudence of the Court of Justice in the Field of Sex Equality, (2000) CMLR 37, 1403 at p.1426 [4] Defeis, E., The Treaty of Amsterdam: The Next Step Towards Gender Equality?, www.bc.edu