Monday, January 27, 2020
Hart and Fuller Legal Arguments Analysis
Hart and Fuller Legal Arguments Analysis There has been a debate between Hart and fuller that has brought up arguments and room for discussion. This essay will show three specific arguments put forward by both Hart and Fuller; the criticisms of Harts theory and the reasoning behind the rebutting of the statement Fuller confuses the efficacy of a legal system with its morality. The starting point would be to look at the ideals and the reasoning behind the theory that was suggested by Hart. Hart can be seen as a 20th century positivist who believes that there is a separation between what the law is and what the law ought to be[1]. This means that there is a distinction between the law and morality. Hart begins with the explanation of how rules that confer rights need not be moral rules or coincide with them[2]. He also went further to say that rights exist under the rules of formalities, games and in many other spheres regulated by rules which are irrelevant to the question of justice or what the law ought to be[3]. This argument shows how Hart has made the distinction between legal rights and moral rights which goes back to the separation of law and morality. In addition to this, Hart expresses what a legal system should consist of. He believes that people in the society generally obey the rules and when that society has no court or police reinforcement it will have some sort of informal rule to organize the social life[4]. If people want a secure life they have to follow these rules[5]. These rules according to Hart are primary rules; the primary rules set out what the obligations and duties are in a society[6]. Examples of such rules would be criminal prohibition and tort rules because these rule prohibit theft and forbids certain conduct[7]. Hart explains that a legal system cannot operate with primary rules alone, there has to be another set of rules that shows and tell the people of society how those rules of conduct work. These are known as secondary rules and they contain three rules which are (1) the rule of recognition, (2) the rule of change and (3) the rule of adjudication[8]. The rule of recognition is the rule that helps identify the uncertainty of which are rules when a society has a lot of primary rules[9]. The rule of change is the rule that specifies the procedure of changing the primary rules and the rule of adjudication is the rule that establishes the process of determining the application of a primary rule in particular cases[10]. Hart believes that the rule of recognition plays a vital role in a legal system. This is because it is a matter of social practise; it does not need to be written down[11]. It is the rule that society accepts as the authoritys way to determine what the primary rules are.[12] Hart believes that an effective legal system could have wicked laws. Another argument that Hart purports is that of Judicial interpretation. Judges look at the standard meaning of the word. Hart believes that the task of interpretation is commonly that of determining the meaning of the specific words of a legal rule, like vehicle in a rule excluding vehicles from a park[13]. Particularly the task of interpretation is to determine the range of reference of such a word[14]. Communication is possible only because words have a core of meaning that remains constant whatever the context in which the word may appear[15]. Except in unusual circumstances where it would be proper to regard a word like vehicle as accepting its standard meaning. This meaning of the word will have in any legal rule, whatever its purpose is. If a judge is applying the word to its standard meaning, then there is no creative role; the judge is simply applying the law as it is[16]. In addition to this Hart also talks about the words having a penumbral meaning which varies from context to context. Following the example given in the previous paragraph when the object in question (tricycle) falls within the penumbra the judge has to assume a more creative role[17]. The judge will have to make an interpretation of the rule in the context of its purpose and aim[18] which gives room for judicial discretion. When questions of this sort are decided there is at least an intersection of is and ought[19]. The judge makes decisions on what the rule is but he does this in the light of his notion of what it ought to be to carry out its purpose[20]. Looking at the arguments and theories that Hart suggests there are some inconsistencies that gives room for criticism and questioning. In making these criticisms, Fullers theory and argument will be used. The first argument by Hart that referred to the separation of what is and ought to be can be criticised. He believes that law confers rights but these rights need not be moral. Fuller explains that certain moral standards are built in to the concept of law itself. It is agreed that the law confer rights on individuals but since there are certain moral standards embedded in the law then it would be wrong to say that these rights conferred by law are not necessarily moral rights. This shows the that law and morality are not as separate as Hart claims. In relations to Harts second argument regarding what a legal system should consist of, in contrast to this fuller gives his own theory of how a legal system should be. Fuller discusses that the function of a set of rules must play is defined in the law[21]. Law as defined by Fuller is a particular way of achieving social order by guiding human behaviour according to rules[22]. He attempts to identify what he calls the internal morality of a system of legal rules[23]. In order for rules to be effective and qualify as law in any system these eight principles of legality must be adhered to. They are (i) the rule should be general; (ii) the rule should be made public, (iii) the rule must not be retroactive (iv) the rule should be clear, (v) the rule should be non-contradictory, (vi) the rule must be possible to follow, (vii) the rule should remain constant through time and (viii) there should be congruence between official action and declared rules. In other words, running the legal syst em fairly based on the eight principle seems to be a prerequisite of running it effectively and this suggests a point where law and morality merge[24]. It is important to note that Fuller does not claim that any system that follows these procedures is perfectly moral[25]. Rather, his view is that the procedures embodied in a legal system are morally important and determine whether a set of rules really count as a legal system[26]. The purpose of this legal system is to provide people with guides of action. He goes on to explain that for a legal system to be effective there has to be a cooperation between the officials and the citizens. In relations to the third argument of Judicial interpretation. Hart believes the judiciary should interpret the law in its literal meaning when dealing with core cases but in the penumbra cases there is room for judicial discretion and this is where the judge interprets the law based on what he thinks ought to be law to carry out its purpose. This in itself shows how contradictory the principle he gives is. He clearly states that law and morals should be separate but when it comes to penumbral cases there should be a merge of law and morality to satisfy the purpose of the law. In terms of interpretation Fuller believes the law must be interpreted in light of its purpose. Fuller also explains in interpreting the law the judge should try to make it fair in order to persuade the citizens to fairness and the rational of the law. Fuller criticises the theory of the Nazi informer made by Hart in his thesis. He believes that a system such as that in Nazi Germany could violate the morality of order to such an extent that it no longer had laws[27]. Fuller agreed with the theory set out by Radbruch who explained that the doctrine of fundamental principles of humanitarian morality were part of the very concept of legality and that no positive statute however clearly expressed it was could be valid if it contravened the basic principle of morality[28]. In conclusion the theories that Fuller puts forward against separation of law and morals are much more substantial and it shows that rather than fuller confusing the efficiency of a legal system with its morality. He shows that for a legal system to be effective it has to have an underlying morality. BIBLIOGRAPHY Daniel Chong, Hart on penumbra and core meaning, file:///C:/Users/User/Downloads/HART_on_pernumbra_and_core_meaning.pdf accessed 24 November 2016 Faculty.ycp.edu, Fullers Internal Morality of Law, http://faculty.ycp.edu/~dweiss/phl347_philosophy_of_law/Fuller%20and%20the%20internal%20morality%20of%20law.pdf accessed 24 November 2016 H.L.A Hart, Positivism and Separation of Law and Morality, (1958) 71 Harvard Law Review 593 Hubpages.com, Summary of Legal Positivism Concept and Harts Separation of Law and Morality: Fairly Legal (1) (15 Septemper,2013) http://hubpages.com/education/Harts-Positivism-and-the-Separation-of-Law-and-Morality-Fairly-Legal-1 accessed 23 November 2016. Michael Green, Fuller on Hart, (carneades, 21 February, 2013) http://carneades.pomona.edu/2013-Law/0220-nts.shtml accessed 24 November 2016 [1] H.L.A Hart, Positivism and Separation of Law and Morality, (1958) 71 Harvard Law Review 593 p 549 [2] Ibid, 606 [3] Ibid, 606 [4] Hubpages.com, Summary of Legal Positivism Concept and Harts Separation of Law and Morality: Fairly Legal (1) (15 Septemper,2013) http://hubpages.com/education/Harts-Positivism-and-the-Separation-of-Law-and-Morality-Fairly-Legal-1 accessed 23 November 2016. [5] Ibid [6] Ibid [7] Ibid [8] Ibid [9] Ibid [10] Ibid [11] Ibid [12] Ibid [13] Daniel Chong, Hart on penumbra and core meaning, file:///C:/Users/User/Downloads/HART_on_pernumbra_and_core_meaning.pdf accessed 24 November 2016 [14] Ibid [15] Ibid [16] Ibid [17] Ibid [18] Ibid [19] Ibid [20] Ibid [21] Faculty.ycp.edu, Fullers Internal Morality of Law, http://faculty.ycp.edu/~dweiss/phl347_philosophy_of_law/Fuller%20and%20the%20internal%20morality%20of%20law.pdf accessed 24 November 2016 [22] Ibid [23] Ibid [24] Michael Green, Fuller on Hart, (carneades, 21 February, 2013) http://carneades.pomona.edu/2013-Law/0220-nts.shtml accessed 24 November 2016 [25] Ibid [26] Ibid [27] Michael Green, Fuller on Hart, (carneades, 21 February, 2013) http://carneades.pomona.edu/2013-Law/0220-nts.shtml accessed 24 November 2016 [28] H.L.A Hart, Positivism and Separation of Law and Morality, (1958) 71 Harvard Law Review 593 p 617
Sunday, January 19, 2020
Blood Promise Chapter Five
The rest of the trip passed uneventfully. Sydney never entirely lost that discomfort she seemed to have around me, but sometimes, while I was trying to figure out Russian television, she'd take the time to explain what was going on. There were some cultural differences between these shows and the ones we'd both grown up with, so we had that in common. Every once in a while, she'd crack a smile over something we both found funny, and I'd sense there was someone in there I could possibly be friends with. I knew there was no way I'd ever find a replacement for Lissa, but I think some part of me still longed to fill the void of friendship that had been opened up when I left her behind. Sydney napped throughout the day, and I began to think she was just an insomniac with bizarre sleep patterns. She also continued her equally odd treatment of food, hardly touching her meals. She always let me have the leftovers and was a bit more adventurous with Russian cuisine. I'd had to experiment when I first arrived, and it was nice to have the guidance of someone who, though not a local, knew a lot more about this country than me. On the third day of our trip, we arrived in Omsk. Omsk was a larger and prettier city than I'd expected of Siberia. Dimitri had always teased me that my images of Siberia looking like Antarctica were wrong, and I could tell that he was right-at least as far as the southern part of the region was concerned. The weather wasn't much different from what I'd have found in Montana this time of year, cool spring air occasionally warmed by sunshine. Sydney had told me when we got there, she'd get us a ride from some Moroi she knew. Several lived in the city, blending in with the large population. Yet as the day went on, we discovered a problem. No Moroi would take us to the village. Apparently, the road was dangerous. Strigoi often hung out near it at night, hoping to catch traveling Moroi or dhampirs. The more Sydney explained it, the more worried I became about my plan. Apparently, there weren't many Strigoi in Dimitri's town itself. According to her, they lurked on the town's periphery, but few lived out there permanently. If that was the case, my odds of finding Dimitri had dropped. Things got even worse as Sydney continued describing the situation. ââ¬Å"A lot of Strigoi travel the country looking for victims, and the village is just an area they pass through,â⬠she explained. ââ¬Å"The road is kind of remote, so some Strigoi will stay for a while and try to get easy prey. Then they move on.â⬠ââ¬Å"In the U.S., Strigoi often hide in large cities,â⬠I said uneasily. ââ¬Å"They do that here too. It's easier for them to take victims without being noticed.â⬠Yes, this definitely threw a wrench into my plans. If Dimitri wasn't residing in this town, I was going to have some serious problems. I'd known Strigoi liked big cities, but somehow, I'd convinced myself Dimitri would return to the place where he grew up. But if Dimitri wasn't thereâ⬠¦ well, suddenly, the enormity of Siberia hit me. I'd learned Omsk wasn't even the biggest city in the region, and finding even one Strigoi here could be hard. Looking for him in any number of cities that might be larger? Things could get very, very ugly if my hunch proved wrong. Since setting out to find Dimitri, I'd occasionally had weak moments in which I half-hoped I'd never find him. The idea of him as a Strigoi still tormented me. I was also visited by other imagesâ⬠¦ images of the way he'd been and memories of the time we'd spent together. I think my most precious memory was of just before he was turned. It was one of those times when I'd sucked up a lot of the spirit-induced darkness from Lissa. I'd been out of control, unable to get a grip. I was afraid of becoming a monster, afraid of killing myself like another shadow kissed guardian had. Dimitri had brought me back to myself, lending me his strength. I'd realized then just how strong our connection was, how perfectly we understood each other. I'd been skeptical about people being soul mates in the past, but at that moment, I knew it was true. And with that emotional connection had come a physical one. Dimitri and I had finally given in to the attraction. We'd sworn we never would, butâ⬠¦ well, our feelings were just too strong. Staying away from each other had turned out to be impossible. We'd had sex, and it had been my first time ever. Sometimes I felt certain it would be my only time. The act itself had been amazing, and I'd been unable to separate the physical joy from the emotional. Afterward, we'd lain together in that small cabin for as long as we dared, and that had been amazing too. It had been one of the few moments where I'd felt he was truly mine. ââ¬Å"Do you remember Victor's lust charm?â⬠I had asked, snuggling closer against him. Dimitri looked at me like I was crazy. ââ¬Å"Of course.â⬠Victor Dashkov was a royal Moroi, one who had been friends with Lissa and her family. Little did we know that he'd secretly studied spirit for years and had identified Lissa as a spirit user before she even knew. He'd tortured her with all sorts of mind games that truly made her think she was going crazy. His schemes had fully culminated in his kidnapping and torturing her until she healed the disease that was killing him. Victor was now in prison for life, both for what he'd done to Lissa and because of his treasonous plans for rebellion against the Moroi government. He had been one of the few to know about my relationship with Dimitri, something that had worried me to no end. He'd even furthered our relationship by creating a lust charm-a necklace infused with earth and compulsion. The charm was full of dangerous magic that had made Dimitri and me give into our most basic instincts. We had pulled back at the last moment, and until our night in the cabin, I had believed our charm induced encounter to be the ultimate physical high. ââ¬Å"I didn't realize it could get better,â⬠I had told Dimitri after we'd actually slept together. I felt a little shy talking about it. ââ¬Å"I thought about it all the timeâ⬠¦ what happened between us.â⬠He turned to me, tugging the covers up. The cabin was cold, but its bed had warm blankets. I suppose we could have put clothes on, but that was the last thing I wanted to do. Being pressed skin-to-skin felt too good. ââ¬Å"I did too.â⬠ââ¬Å"You did?â⬠I asked, surprised. ââ¬Å"I thoughtâ⬠¦ I don't know. I thought you were too disciplined for that. I thought you'd try to forget it.â⬠Dimitri laughed and kissed my neck. ââ¬Å"Rose, how could I forget being naked with someone as beautiful as you? I stayed awake so many nights, replaying every detail. I told myself over and over that it was wrong, but you're impossible to forget.â⬠His lips moved to my collarbone, and his hand stroked my hip. ââ¬Å"You're burned into my mind forever. There is nothing, nothing in this world that will ever change that.â⬠And it was memories like that that made it so hard to comprehend this quest to kill him, even if he was a Strigoi. Yetâ⬠¦ at the same time, it was exactly because of memories like that that I had to destroy him. I needed to remember him as the man who'd loved me and held me in bed. I needed to remember that that man would not want to stay a monster. I wasn't very excited when Sydney showed me the car she'd bought, particularly since I'd given her the money for it. ââ¬Å"We're going in that?â⬠I exclaimed. ââ¬Å"Can it even make it that far?â⬠The trip was apparently seven hours. She gave me a shocked look. ââ¬Å"Are you serious? Do you know what this is? It's a 1972 Citroen. These things are amazing. Do you have any idea how hard it would have been to get this into the country back in the Soviet days? I can't believe that guy actually sold it. He's clueless.â⬠I knew little about the Soviet era and even less about classic cars, but Sydney stroked the shiny red hood like she was in love. Who would have guessed? She was a car geek. Maybe it was valuable, and I just couldn't appreciate it. I was more into sleek, brand-new sports cars. To be fair, this car didn't have any dents or rust, and aside from an outdated look, it appeared clean and well cared for. ââ¬Å"Will it run?â⬠I asked. If possible, her expression grew even more incredulous. ââ¬Å"Of course!â⬠And it did. The engine sprang to life with a steady hum, and with the way it accelerated, I started to understand her fascination. She wanted to drive, and I was about to argue that it had been my money that bought it. Seeing the adoring look on her face, though, I finally decided not to come between her and the car. I was just glad we were leaving right away. It was already late afternoon. If the road was as dangerous as everyone claimed, we wouldn't want to be out there while it was dark. Sydney agreed but said we could get most of the trip in before sundown and then stay overnight at a place she knew. We'd arrive at our destination in the morning. The farther we drove from Omsk, the more remote the terrain became. As I studied it, I began to understand Dimitri's love of this land. It had a scrubby, barren look, true, but spring was turning the plains green, and there was something hauntingly beautiful about seeing all this untouched wilderness. It reminded me of Montana in some ways yet had a certain quality that was all its own. I couldn't help but use Sydney's crush on the car as a means of conversation. ââ¬Å"Do you know a lot about cars?â⬠I asked. ââ¬Å"Some,â⬠she said. ââ¬Å"My dad's the Alchemist in our family, but my mom's a mechanic.â⬠ââ¬Å"Really?â⬠I asked, surprised. ââ¬Å"That's kind ofâ⬠¦ unusual.â⬠Of course, I was hardly one to talk about gender roles. Considering my life was dedicated to fighting and killing, I couldn't really claim to have a traditionally feminine job either. ââ¬Å"She's really good and taught me a lot. I wouldn't have minded doing that for a living. Wouldn't have minded going to college, either.â⬠There was a bitter note in her voice. ââ¬Å"I guess there are a lot of other things I wish I could do.â⬠ââ¬Å"Why can't you?â⬠ââ¬Å"I had to be the next family Alchemist. My sisterâ⬠¦ well, she's older, and usually it's the oldest kid who has to do the job. But, she's kind ofâ⬠¦ worthless.â⬠ââ¬Å"That's harsh.â⬠ââ¬Å"Yeah, maybe. But she just couldn't handle this kind of thing. When it comes to organizing her lip gloss collection, she's unstoppable. But managing the kinds of networks and people we do? No, she'd never be able to do it. Dad said I was the only one capable of it.â⬠ââ¬Å"That's a compliment, at least.â⬠ââ¬Å"I guess.â⬠Sydney looked so sad now that I felt bad for bringing it up. ââ¬Å"If you could go to college, what would you study?â⬠ââ¬Å"Greek and Roman architecture.â⬠I decided then it was a good thing I wasn't behind the wheel, because I probably would have driven off the road. ââ¬Å"Seriously?â⬠ââ¬Å"You know anything about it?â⬠ââ¬Å"Um, no.â⬠ââ¬Å"It's amazing.â⬠The sad expression was replaced by one of wonder-she looked nearly as enamored as she'd been of the car. I understood then why she'd liked the train station. ââ¬Å"The ingenuity it took for some of thatâ⬠¦ well, it's just unreal. If the Alchemists won't send me back to the U.S. after this, I'm hoping I'll get assigned to Greece or Italy.â⬠ââ¬Å"That would be cool.â⬠ââ¬Å"Yeah.â⬠Her smile faded. ââ¬Å"But there are no guarantees you'll get what you want with this job.â⬠She fell silent after that, and I decided that coaxing her into this small conversation had been victory enough. I left her to her own thoughts of classic cars and architecture while my mind wandered to topics of my own. Strigoi. Duty. Dimitri. Always Dimitriâ⬠¦ Well, Dimitri and Lissa. It was always a toss-up over who would cause me more pain. Today, as the car lulled me into a daze, it was Lissa I went to, thanks largely to Adrian's recent visit in my dream. Early evening in Russia meant early morning in Montana. Of course, since the school ran on a nocturnal schedule, it was technically night for them too in spite of the sunshine. It was nearly curfew, and everyone would have to return to their own dorms soon. Lissa was with Adrian, over in his room in guest housing. Adrian, like Avery, had graduated, but as the only other known spirit user, he'd come to stay indefinitely at the school and work with Lissa. They'd just spent a long, exhausting evening working on dream walking and sat on the floor facing each other. With a sigh, Lissa collapsed back and lay down, stretching her arms over her head. ââ¬Å"This is useless,â⬠she groaned. ââ¬Å"I'm never going to learn it.â⬠ââ¬Å"Never took you for a quitter, cousin.â⬠Adrian's voice was as flippant as usual, but I could tell he was weary too. They weren't really cousins; that was just a term royals sometimes used with each other. ââ¬Å"I just don't understand how you do it.â⬠ââ¬Å"I don't know how to explain it. I just think about it, andâ⬠¦ well, it happens.â⬠He shrugged and pulled out the cigarettes he always carried. ââ¬Å"Do you mind?â⬠ââ¬Å"Yes,â⬠she said. To my surprise, he put them away. What the hell? He'd never asked me if I minded if he smoked-which I did. In fact, half the time, I swore he did it to annoy me, which made no sense. Adrian was way past the age when guys tried to attract girls they liked by picking on them. He tried to explain the process. ââ¬Å"I just think about who I want and sort ofâ⬠¦ I don't know. Expand my mind toward them.â⬠Lissa sat up and crossed her legs. ââ¬Å"Sounds a lot like how Rose described reading me.â⬠ââ¬Å"Probably the same principle. Look, it took you a while to learn auras. This is no different. And you're not the only one with a learning curve. I'm only now finally moving past healing scratches, and you can bring back the dead, which-call me crazy-is kind of hard-core.â⬠He paused. ââ¬Å"Of course, some would argue that I am actually crazy.â⬠At the mention of auras, she studied him and summoned the ability to see the field of light that shone around every living thing. His aura came into focus, surrounding him in a golden glow. According to Adrian, her aura was the same. No other Moroi had that kind of pure gold. Lissa and Adrian figured it was unique to spirit users. He smiled, guessing what she was doing. ââ¬Å"How's it look?â⬠ââ¬Å"The same.â⬠ââ¬Å"See how good you are at it now? Just be patient with the dreams.â⬠Lissa wanted so badly to walk dreams the same way he could. Despite her disappointment, I was glad she couldn't. Adrian's dream visits were hard enough on me. Seeing her wouldâ⬠¦ well, I wasn't entirely sure, but it would make this cool, hard attitude I was trying to maintain in Russia a lot harder. ââ¬Å"I just want to know how she is,â⬠said Lissa in a small voice. ââ¬Å"I can't stand not knowing.â⬠It was the conversation with Christian all over again. ââ¬Å"I saw her the other day. She's fine. And I'll go again soon.â⬠Lissa nodded. ââ¬Å"Do you think she'll do it? Do you think she can kill Dimitri?â⬠Adrian took a long time in answering. ââ¬Å"I think she can. The question will be if it kills her in the process.â⬠Lissa flinched, and I was a bit surprised. The answer was as blunt as one Christian might give. ââ¬Å"God, I wish she hadn't decided to go after him.â⬠ââ¬Å"Wishing's useless now. Rose has got to do this. It's the only way we can get her back.â⬠He paused. ââ¬Å"It's the only way she'll be able to move on.â⬠Adrian surprised me sometimes, but this took the prize. Lissa thought it was foolish and suicidal to go after Dimitri. I knew Sydney would agree if I told her the truth about this trip. But Adrianâ⬠¦ silly, shallow, party-boy Adrian understood? Studying him through Lissa's eyes, I realized he actually did. He didn't like it, and I could hear the hurt in his words. He cared about me. My having such strong feelings for someone else caused him pain. And yetâ⬠¦ he truly believed that I was doing the right thing-the only thing I could do. Lissa looked at the clock. ââ¬Å"I've got to go before curfew. I should probably study for my history test, too.â⬠Adrian grinned. ââ¬Å"Studying's overrated. Just find someone smart to copy off.â⬠She stood up. ââ¬Å"Are you saying I'm not smart?â⬠ââ¬Å"Hell no.â⬠He rose also and went to pour himself a drink from the fully stocked bar he kept on hand. Self-medicating was his irresponsible way of keeping spirit's effects at bay, and if he'd been using spirit all night, he would want the numbness of his vices. ââ¬Å"You're the smartest person I know. But that doesn't mean you have to do unnecessary work.â⬠ââ¬Å"You can't succeed in life if you don't work. Copying from others won't get you anywhere.â⬠ââ¬Å"Whatever,â⬠he said with a grin. ââ¬Å"I copied all through school, and look how well I'm doing today.â⬠With an eye roll, Lissa gave him a quick hug goodbye and left. Once out of his sight, her smile faded a bit. In fact, her thoughts took a decidedly dark turn. Mentioning me had stirred up all sorts of feelings within. She was worried about me-desperately worried. She'd told Christian that she felt bad about what had happened between us, but the full force of that didn't hit me until now. She was racked by guilt and confusion, continually berating herself for what she should have done. And above all, she missed me. She had that same feeling I did-like a part of her had been cut out. Adrian lived on the fourth floor, and Lissa opted for the stairs rather than the elevator. All the while, her mind spun with worry. Worries about whether she'd ever master spirit. Worry for me. Worry that she wasn't currently feeling spirit's dark side effects, which made her wonder if I was absorbing them, just as a guardian named Anna had. She'd lived centuries ago and was bonded to St. Vladimir, the school's namesake. She'd absorbed spirit's nasty effects from him-and had been driven insane. On the second floor, Lissa could make out the sounds of shouting, even through the door that separated the stairwell from the hallway. Despite knowing it had nothing to do with her, she hesitated, curiosity getting the best of her. A moment later, she quietly pushed the door open and stepped into the hall. The voices were coming from around the corner. She carefully peered around it-not that she needed to. She recognized the voices. Avery Lazar stood in the hallway, hands on her hips as she stared at her father. He stood in the doorway to what must have been his suite. Their stances were rigid and hostile, and anger crackled between them. ââ¬Å"I'll do what I want,â⬠she yelled. ââ¬Å"I'm not your slave.â⬠ââ¬Å"You're my daughter,â⬠he said in a voice both calm and condescending. ââ¬Å"Though at times I wish you weren't.â⬠Ouch. Both Lissa and I were shocked. ââ¬Å"Then why are you making me stay in this hellhole? Let me go back to Court!â⬠ââ¬Å"And embarrass me further? We barely got out without damaging this family's reputation-much. No way am I going to send you there alone and let you do God knows what.â⬠ââ¬Å"Then send me to Mom! Switzerland's got to be better than this place.â⬠There was a pause. ââ¬Å"Your mother isâ⬠¦ busy.â⬠ââ¬Å"Oh, nice,â⬠said Avery, voice heavy with sarcasm. ââ¬Å"That's a polite way of saying she doesn't want me. No surprise. I'd just interfere with her and that guy she's sleeping with.â⬠ââ¬Å"Avery!â⬠His voice rang out loud and angry. Lissa flinched and stepped back. ââ¬Å"This conversation is done. Get back to your room and sober up before someone sees you. I expect you at breakfast tomorrow, and I expect you to be respectable. We have some important visitors.â⬠ââ¬Å"Yeah, and God knows we've got to keep up appearances.â⬠ââ¬Å"Go to your room,â⬠he repeated. ââ¬Å"Before I call Simon and make him drag you there.â⬠ââ¬Å"Yes, sir,â⬠she simpered. ââ¬Å"Right away, sir. Anything you say, sir.â⬠And with that, he slammed the door. Lissa, ducking back behind the corner, could hardly believe he'd said those things to his own daughter. For a few moments, there was silence. Then, Lissa heard the sound of footsteps-coming toward her. Avery suddenly rounded the corner and stopped in front of Lissa, giving us our first good look of her. Avery was wearing a tight, short dress made of some kind of blue fabric that shone silvery in the light. Her hair hung long and wild, and the tears pouring from her blue-gray eyes had destroyed the heavy makeup she wore. The scent of alcohol came through loud and clear. She hastily ran a hand over her eyes, obviously embarrassed at being seen like this. ââ¬Å"Well,â⬠she said flatly. ââ¬Å"I guess you overheard our family drama.â⬠Lissa felt equally embarrassed at being caught spying. ââ¬Å"I-I'm sorry. I didn't mean to. I was just passing byâ⬠¦Ã¢â¬ Avery gave a harsh laugh. ââ¬Å"Well, I don't think it matters. Probably everyone in the building heard us.â⬠ââ¬Å"I'm sorry,â⬠Lissa repeated. ââ¬Å"Don't be. You didn't do anything wrong.â⬠ââ¬Å"Noâ⬠¦ I mean, I'm sorry heâ⬠¦ you know, said those things to you.â⬠ââ¬Å"It's part of being a ?à ®good' family. Everyone's got skeletons in their closet.â⬠Avery crossed her arms and leaned against the wall. Even upset and messy, she was beautiful. ââ¬Å"God, I hate him sometimes. No offense, but this place is so fucking boring. I found some sophomore guys to hang with tonight, butâ⬠¦ they were pretty boring too. The only thing they had going for them was their beer.â⬠ââ¬Å"Whyâ⬠¦ why did your dad bring you here?â⬠Lissa asked. ââ¬Å"Why aren't youâ⬠¦ I don't know, in college?â⬠Avery gave a harsh laugh. ââ¬Å"He doesn't trust me enough. When we were at Court, I got involved with this cute guy who worked there-total nonroyal, of course. Dad freaked out and was afraid people would find out. So when he got the job here, he brought me along to keep an eye on me and torture me. I think he's afraid I'll run off with a human if I go to college.â⬠She sighed. ââ¬Å"I swear to God, if Reed wasn't here, I'd just run away, period.â⬠Lissa didn't say anything for a long time. She'd gone out of her way to avoid Avery diligently. With all the orders the queen was giving Lissa lately, this seemed the only way Lissa could fight back and stop herself from being controlled. But now, she wondered if she'd been wrong about Avery. Avery didn't seem like a spy for Tatiana. She didn't seem like someone who wanted to mold Lissa into a perfect royal. Mostly, Avery seemed like a sad, hurting girl, whose life was spinning out of control. Someone who was being ordered around as much as Lissa was lately. With a deep breath, Lissa rushed forward with her next words. ââ¬Å"Do you want to eat lunch with Christian and me tomorrow? No one would mind if you came to our lunch period. I can't promise it'll be, um, as exciting as you want.â⬠Avery smiled again, but this time, it was less bitter. ââ¬Å"Well, my other plans were to get drunk by myself in my room.â⬠She lifted a bottle of what looked like whiskey out of her purse. ââ¬Å"Scored some stuff of my own.â⬠Lissa wasn't entirely sure what kind of an answer that was. ââ¬Å"Soâ⬠¦ I'll see you at lunch?â⬠Now Avery hesitated. But slowly, a faint gleam of hope and interest appeared on her face. Concentrating, Lissa tried to bring up her aura. She had a little difficulty at first, probably worn out from all the practice with Adrian tonight. But when she was finally able to get a grip on Avery's aura, she saw it was a mix of colors: green, blue, and gold. Not uncommon. It was currently ringed in red, as often happened when people were upset. But right before Lissa's eyes, that redness faded. ââ¬Å"Yeah,â⬠Avery said at last. ââ¬Å"That would be great.â⬠ââ¬Å"I think this is as far as we can go today.â⬠On the other side of the world, Sydney's voice startled me out of Lissa's thoughts. I didn't know how long I'd been daydreaming, but Sydney had turned off the main highway and was driving us into a small town that fit perfectly with my backwoods images of Siberia. In fact, ââ¬Å"townâ⬠was a total exaggeration. There were a few scattered houses, a store, and a gas station. Farmland stretched beyond the buildings, and I saw more horses than cars. The few people who were out stared at our car in amazement. The sky had turned deep orange, and the sun was sinking farther and farther into the horizon. Sydney was right. It was nearly nightfall, and we needed to be off the road. ââ¬Å"We're only a couple hours away at most,â⬠she continued. ââ¬Å"We made really good time and should get there pretty quickly in the morning.â⬠She drove to the other side of the village-which took, like, a minute-and pulled up in front of a plain white house with a barn beside it. ââ¬Å"Here's where we're staying.â⬠We got out of the car and approached the house. ââ¬Å"Are these friends of yours?â⬠ââ¬Å"Nope. Never met them. But they're expecting us.â⬠More mysterious Alchemist connections. The door was answered by a friendly looking human in her twenties who urged us to come inside. She only spoke a few words of English, but Sydney's translation skills carried us through. Sydney was more outgoing and charming than I'd seen her thus far, probably because our hosts weren't despicable vampiric offspring. You wouldn't think riding in a car all day would be tiring, but I felt exhausted and was anxious to get an early start in the morning. So after dinner and a little TV, Sydney and I went to the room that had been prepared for us. It was small and plain but had two twin beds covered in thick, fluffy blankets. I snuggled into mine, grateful for the softness and the warmth, and wondered if I'd dream of Lissa or Adrian. I didn't. I did, however, wake up to a slight wave of nausea rolling through me-the nausea that told me there was a Strigoi nearby.
Saturday, January 11, 2020
Process Flow Diagrams Essay
1. Consider the Custom Molds, Inc. case on pages 125-127 of the text. Prepare a process flow diagram of the Mold Fabrication process and the Parts Manufacturing process, showing how they are linked. We will discuss this flowchart in class on March 29. 2. Founded in 1966, DAV is one of the worldââ¬â¢s largest insurance companies with locations in 32 countries. Given the description below, flowchart the New Policy Set-up process as it existed in 1996. Individual customers who wanted to set-up a new policy would visit one of DAVââ¬â¢s eighty branch offices or make contact with an agent. They would then fill out an application and sometimes attach a check. The branch office then sent the application package through company mail to the VEG division in Hamburg. In addition, a customer might also fill out the application at home and send it directly to a number of DAV locations, which would then transfer it to the Hamburg operation. Once received, VEG separated the various parts of the application, then scanned it and digitized it. The electronic image was then retrieved from a server and delivered to an associateââ¬â¢s desktop client computer. The associate was responsible for entering the information on the form into the appropriate database. If the information supplied on the application was complete, a confirmation notice was automatically printed and sent to the customer. If the information was incomplete, then another associate, trained to deal with customers on the phone, would call the customer to obtain the additional information. If the customer noticed something wrong on the confirmation notice she received, she would either call a toll-free number or send in a letter describing the problem. The Customer Problem Resolution division dealt with problems arising at this point. An updated confirmation notice was sent toà the customer. If the information was correct, the application transaction was complete. 3. Prepare a process flow diagram of the field service division process at DMI, as described below. Start from the point where a call is received to the point where a technician finishes the job. DMI was a multi-billion dollar company that manufactured and distributed a wide variety of electronic, photographic, and reprographic equipment used in many engineering and medical system applications. The Field Service Division employed 550 field service technicians who performed maintenance and warranty repairs on the equipment sold by DMI. Customers would call DMIââ¬â¢s National Service Center (NSC), which received about 3,500 calls per day. The NSC staffed about 40 call-takers. A typical incoming service call was received at the NSC and routed to one of the call-takers who entered information about the machine, callerââ¬â¢s name, type of problem, etc. into DMIââ¬â¢s mainframe computer. In some cases, the call-taker attempted to help the customer fix the problem. However, call-takers were currently only able to avoid about 10% of the incoming emergency maintenance service calls. If the service call could not be avoided, the call-taker usually stated the following script, ââ¬Å"Depending upon the availability of our technicians, you should expect to see a technician sometime between now and (now + X).â⬠(ââ¬Å"Xâ⬠was the target response time based on the model number and the zone.) This information was given to the customer because many customers wanted to know when a tech would arrive on site. Call-takers entered service call information on DMIââ¬â¢s computer system, which then sent the information electronically to the regional dispatch center assigned to that customer location. (DMI had five regional dispatch centers with a total of about 24 dispatchers.) Service call information was printed on a small card at the dispatch center. About every hour, cards were ripped off the printer and given to the dispatcher assigned to that customer location. The dispatcher placed each card on a magneticà board under the name of a tech that the dispatcher believed would be the most likely candidate for the service call ââ¬â given the location of the machine, the current location of the tech, and the techââ¬â¢s training profile. After completing a service call, techs called the dispatcher in the regional dispatch center, cleared the call, and received a new call assigned by the dispatcher. After getting the service call from a dispatcher, a tech called the customer to give an expected time of arrival, drove to the customer site, diagnosed the problem, repaired the machine if parts were available in the van, and then phoned the dispatcher for the next call. Sometimes techs did not have the right parts for a repair. When this happened, the tech informed the NSC and the part was express mailed to the customer; the repair was done the next morning.
Friday, January 3, 2020
The Development of the Versailles Treaty - Free Essay Example
Sample details Pages: 6 Words: 1922 Downloads: 5 Date added: 2019/08/15 Category History Essay Level High school Tags: Treaty of Versailles Essay Did you like this example? The Treaty of Versailles was created to bring peace between nations after WWI. This investigation will answer the following question: To what extent did the Treaty of Versailles bring peace? In this investigation, the extent of the Versailles Treatyââ¬â¢s success will be evaluated by examining the period of its development, 1918, to the rise of Hitler, 1933. Several sources were used in this investigation including a number of books that look at the terms of the Treaty of Versailles and the reactions those terms triggered. Donââ¬â¢t waste time! Our writers will create an original "The Development of the Versailles Treaty" essay for you Create order Many sources, both primary and secondary, also examine how those reactions resulted in a failure in the attempt of brining permanent peace. Two sources were evaluated for their origins, purposes, values, and limitations: Prelude to War by Robert T. Elson and The Kings Depart: The Tragedy of Germany, Versailles and The German Revolution by Richard M. Watt. Summary of Evidence I. Background ââ¬â The Development of the Versailles Treaty Germany asked for an armistice at the end of WWI in late 1918 (Elson 19). The Treaty of Versailles was a peace settlement between Germany and the Allied Powers drawn up after the First World War in 1919 (Trueman). The purpose of this treaty was to create a permanent peace among nations (Watt 12). Three men played a significant role in the development of this peace treaty and they are known as the ââ¬Å"Big Threeâ⬠: Woodrow Wilson, Georges Clemenceau, and David Lloyd George (Trueman). Woodrow Wilson was the President of the United States at this time and he supported his ââ¬Å"Fourteen Pointsâ⬠including the development of a League of Nations to keep world peace (Elson 21). Wilson believed that Germany should be punished for the damage they caused, but he wanted the treaty to lead to reconciliation, not to revenge. Of the three men, Wilson supported the mildest punishment (Trueman). Georges Clemenceau was the Prime Minister of France at this time and he took a harsher stance against Germany. He believed that Germany should learn from their punishment to never start a war again (Czernin). Also known as ââ¬Å"The Tigerâ⬠, Clemenceau was chosen to be the President of the Paris Peace Conference in 1919 (Clemenceau). Clemenceau and the French supported the destruction of Germany (Trueman). David Lloyd George of Great Britain tried to play a middle role between Wilson and Clemenceau. He believed that Germany should be held responsible for World War One; however, he did not want the terms to be too harsh because he feared that a revolt could lead to the spread of communism (Trueman). If the terms of the treaty were harsh, Germans would go against their government and turn to communism. George believed that the spread of communism was ââ¬Å"a far greater threat to the world than a defeated Germanyâ⬠(Trueman). These three men met at the Paris Peace Conference beginning in mid-January to reach an agreement on the terms of this treaty (Watt 50). The League of Nations was the ââ¬Å"most promising and the most innovativeâ⬠project on the agenda during the Peace Conference (Boemeke 507). II. The final terms of the treaty The War Guilt Clause states that Germany must take full responsibility for the damages and the start of the war. This means that Germany is responsible for paying for all damages as a result of the war (Trueman). A League of Nations would be established (Trueman). Germanyââ¬â¢s army would need to be reduced to 100,000 men and they would not be allowed to utilize tanks, submarines, or an air force, and they would only be entitled six naval ships (Trueman). There would be a demilitarized zone in which no German soldier or weapon could be present. They also agreed that pieces of land would be taken from Germany and given to other nations in the territorial clauses of the treaty (Trueman). III. The presentation of the treaty, Germanyââ¬â¢s reaction, and the signing. On May 7, 1919, the treaty was presented to German representative, Ulrich von Brockdorff-Rantzau (Brockdorff). Brockdorff-Rantzau accepted defeat and understood that Germany was to be punished (Brockdorff). Germany was allowed fifteen days to write their observations of the entire treaty (Clemenceau). If Germany refused to sign the treaty, the armistice would end and the Allies would invade their country (Watt 447). Germany was upset because they were not invited to the Peace Conference and had no say in the treaty (Trueman). According to historian Chris Trueman, anger spread throughout Germany. Many felt they were treated unfairly, especially regarding the ââ¬Å"War Guilt Clauseâ⬠. The citizens believed they were being punished for the governmentââ¬â¢s mistakes. The citizens did not declare war; it was the government (Lu). Brockdorff-Rantzau felt he had no choice but to sign document, even though many Germans did not want to sign the treaty (Watt 395). On June 28, 1919, the Treaty of Versailles was signed in the Hall of Mirrors by 32 nations (Marks 396). IV. Terms of the treaty that were successfully carried out and failures of the treaty According to Chris Trueman, the League of Nations was created, land was successfully taken from Germany, their army and navy was reduced, their air force was eliminated. Many parts of the treaty were carried out (Trueman). Although the League of Nations was created, Germany was initially excluded from the League of Nations, therefore, defeating its purpose of bringing world peace (Trueman). The reparation demands were reduced in 1921 because Germany was unable to pay what the Allies were asking for. Germany was able to pay after the revision. The Aftermath ââ¬â Events after the Peace Conference and the treaty Germans felt betrayed and began to be influenced by Adolf Hitler (Elson 31). Germany owed enormous amounts of money to other nations and these demands were destroying their economy (Marks 52). The German army was frozen (Elson 98). Hitler eventually became Chancellor of Germany and completely abandoned the peace treaty (Marks 145). In 1933, Germany refused to pay reparations and the Nazis came to power (Trueman). Evaluation of Sources Prelude to War by Robert T. Elson is book out of a Time-Life series concerning World War II published in 1976. This particular book looks at the events before WWII and the possible causes of this war. Elson was a writer, editor, and former employee of Time, Inc. This book helps uncover how World War II may have sparked and therefore contributes to the total understanding of this Time-Life series. Elson takes into account many events prior to World War II, including the Treaty of Versailles. This source was valuable in showing how the Versailles Treaty may have contributed to World War II. The author also includes relevant pictures and dialogue from these events. However, this is not a primary source. Elson used information that he obtained from other sources that may contain bias. In addition, the information in this book is insufficient, as it does not focus specifically on the Treaty of Versailles. The Kings Depart: The Tragedy of Germany, Versailles and The German Revolution by Richard M. Watt was published in 1968. Watt was an American writer and historian and he served as an officer in the U.S. Navy. This source uncovers information on Germany after the Treaty of Versailles and how this treaty may have led to rise of the Nazis. This source is valuable because it looks at the Treaty of Versailles, its failures, and its consequences. However, this source was a primary source and much of it contains bias. Through the entirety of the book, the author fails to look at the successes of the Versailles Treaty. Analysis An evaluation of the success of the Versailles Treaty can uncover the truth that while this treaty may have ended World War I, it may have also sparked World War II. An analysis of the evidence found can support the claim that the Treaty of Versailles was not a success in bringing peace to the world. One can also discover the role this treaty played in the rise of Nazism. Throughout the peace-making process, Germany felt they were being treated unfairly. They were not invited to Paris Peace Conference, so they were unable to argue their terms. ââ¬Å"Instead of reconciliation,â⬠Robert Elson says, ââ¬Å"the Peace of Paris left a legacy of frustration and hatredâ⬠(Elson 31). Rather than an agreement between nations, it appears that the Versailles Treaty was document that Germany had to sign in order to avoid more fighting. Bringing peace usually involves reaching an agreement between two opposing parties. However in this case, it appears that the Allied Powers were reaching agreement amongst themselves, not with Germany, their opposing side. It would be shocking if citizens in Germany did not react to these facts. They were indeed treated unfairly from the start. The peace terms presented to Germany in the Treaty of Versailles were far too difficult to be carried out. After financing a war, the Allied Powers expected Germany to not only pay for their own damages, but also for the damages caused by the war in other nations. For any country, this financial obligation is nearly impossible. According to Richard Watt, many Allied figures believed the reparation demands were too harsh. Even Woodrow Wilson admitted that he would not have signed the treaty if he were a German. Secretary of State under President Wilson, Robert Lansing, agreed that the terms were ââ¬Å"immeasurable harsh and humiliating while many of them [seemed]â⬠¦ impossible of performanceâ⬠(Watt 407). The Versailles Treaty also failed to bring peace with the establishment of the League of Nations. While the Treaty of Versailles was a success in establishing the League of Nations, it failed, initially, to serve its purpose of preserving peace among nations. Germany was excluded from the League. Some believe the harshness of the Versailles Treaty is greatly responsible for the rise of the Nazis in Germany, therefore, being a complete failure in bringing peace. When Adolf Hitler rose in power, all peace was gone and war struck out again. Throughout Germany, citizens believed the terms were too severe. This notion quickly spread throughout the country (Marks 18). Germans were angry that their government had agreed to these terms, thus, causing a revolt. Citizens abandoned their government and began to join Hitlerââ¬â¢s movement. According to Sally Marks, some historians believe the treaty was the best compromise that could have been reached given the existing circumstances. On the other hand, most historians argue that the treaty was far from perfect (Marks 3). Very few believe the treaty was too soft to restrain Germany, nearly all historians think the treaty was too harsh. However, whether or not the treaty was too harsh, German citizens reacted and their reaction did not preserve peace. Conclusion After analyzing the evidence on the subject of the Versailles Treaty, it can be assumed that its objective of establishing peace after World War I was not met. By looking at the positive and negative results of the Treaty, enough information can be gathered to support the belief that the Treaty of Versailles was greatly responsible for the rise of Nazism and ultimately, World War II. Although the world was ââ¬Å"officiallyâ⬠at peace after the Treaty of Versailles, no peace was reached. In fact, the peace treaty resulted in the Second World War. To say the Treaty of a Versailles was a success in bringing world peace is an incorrect statement. The Germanââ¬â¢s were outraged by the terms of this treaty and the fact that their government had accepted them. Many turned to Adolf Hitler at this time and World War II was a result of this revolt. The Treaty of Versailles, although its aim was to bring peace, in turn, led to the start of another World War.
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