The History of Gestalt Psychology

The History of Gestalt Psychology Basics Print Gestalt Psychology Overview By Kendra Cherry facebook twitter Kendra Cherry, MS, is an author, educational consultant, and speaker focused on helping students learn about psychology. Learn about our editorial policy Kendra Cherry Medically reviewed by Medically reviewed by Steven Gans, MD on August 15, 2017 Steven Gans, MD is board-certified in psychiatry and is an active supervisor, teacher, and mentor at Massachusetts General Hospital. Learn about our Medical Review Board Steven Gans, MD Updated on November 18, 2019 More in Psychology Basics Psychotherapy Student Resources History and Biographies Theories Phobias Emotions Sleep and Dreaming Gestalt psychology is a  school of thought  that looks at the human mind and behavior as a whole. When trying to make sense of the world around us, Gestalt psychology suggests that we do not simply focus on every small component. Instead, our minds tend to perceive objects as part of a greater whole and as elements of more complex systems. This school of psychology played a major role in the modern development of the study of human sensation and perception. A Brief History of Gestalt Psychology Originating in the work of Max Wertheimer, Gestalt psychology formed partially as a response to the structuralism of  Wilhelm Wundt. While Wundt was interested in breaking down psychological matters into their smallest possible part, the Gestalt psychologists were instead interested in looking at the totality of the mind and behavior. The guiding principle behind the Gestalt movement was that the whole was greater than the sum of its parts. The development of this area of psychology was influenced by a number of thinkers, including Immanuel Kant, Ernst Mach, and Johann Wolfgang von Goethe. The development of Gestalt psychology was influenced in part by Wertheimers observations one day at a train station. He purchased a toy stroboscope which displayed pictures in a rapid sequence to mimic the appearing movement. He later proposed the concept of the Phi phenomenon in which flashing lights in sequence can lead to what is known as apparent motion.?? In other words, we perceive movement where there is none. Movies are one example of apparent motion. Through a sequence of still frames, the illusion of movement is created. The fundamental formula of Gestalt theory might be expressed in this way,” Max Wertheimer wrote. There are wholes, the behavior of which is not determined by that of their individual elements, but where the part-processes are themselves determined by the intrinsic nature of the whole. It is the hope of Gestalt theory to determine the nature of such wholes. Major Gestalt Psychologists There were a number of thinkers who had an influence on Gestalt psychology. Some of the best-known Gestalt psychologists included: Max Wertheimer: Regarded as one of the three founders of Gestalt psychology, Wertheimer is also known for his concept of the phi phenomenon. The phi phenomenon involves perceiving a series of still images in rapid succession in order to create the illusion of movement. Kurt Koffka: Know as one of the three founders of Gestalt psychology, Kurt  Koffka had diverse interests and studied many topics in psychology including learning, perception, and hearing impairments. Wolfgang Kohler: Also a key founding figure in the history of the Gestalt movement, Kohler also famously summarized Gestalt theory by saying, The whole is different than the sum of its parts. He was also known for his research on problem-solving, his criticisms of the introspection used by the structuralists to study the human mind, and his opposition to behaviorism. Gestalt Laws of Perceptual Organization Have you ever noticed how a series of flashing lights often appears to be moving, such as neon signs or strands of Christmas lights? According to Gestalt psychology, this apparent movement happens because our minds fill in missing information. This belief that the whole is greater than the sum of the individual parts led to the discovery of several different phenomena that occur during perception. Verywell / Emily Roberts In order to better understand how human perception works, Gestalt psychologists proposed a number of  laws of perceptual organization, including the laws of similarity, Pragnanz, proximity, continuity, and closure. The law of similarity suggests that similar items tend to be grouped together. ???If a number of objects in a scene are similar to one another, you will naturally group them together and perceive them as a whole. For example, a series of circles or squares stacked together will be viewed as a series of columns rather than just individual shapes. The law of proximity suggests that objects near each other tend to be viewed as a group.?? If you see a number of people standing close together, for example, you might immediately assume that they are all part of the same social group. At a restaurant, for example, the host or hostess might assume that people seated next to each other in the waiting area are together and ask if they are ready to be seated. In reality, they may only be sitting near each other because there is little room in the waiting area or because those were the only open seats. Gestalt psychology also helped introduce the idea that human perception is not just about seeing what is actually present in the world around us. Much of what we perceive is heavily influenced by our motivations and expectations. A Word From Verywell Gestalt psychology did face criticism, particularly in that many of its central concepts can be difficult to define and examine experimentally. While this approach may have lost its identity as an independent school of thought in psychology, its central ideas have had a major influence on the field of psychology as a whole. Gestalt psychology has largely been subsumed by other fields of psychology, but it had an enormous influence. Other researchers who were influenced by the principles of Gestalt psychology including Kurt Lewin and Kurt Goldstein went on to make important contributions to psychology. The idea that the whole is different than its parts has played a role in other areas including our understanding of the brain and social behavior. How Figure-Ground Perception Helps Us Distinguish Scenes

Financial Performance Of Fluor Corporation And Foster Wheeler Finance Essay - Free Essay Example

In this report the two companies chosen for comparing the financial performance for the year 2009 are Fluor Corporation and Foster Wheeler AG (FW). Here we examine and assess the financial positions and performances of these two companies by reviewing their annual reports and by considering subsequent events and comments of analysts and press reports. As for many businesses, not least in the Engineering and Construction (EC) sector, the global economic downturn has been a huge challenge for Fluor and Foster Wheeler AG over the last two years. Fluor: Fluor Corporation is one of the worlds largest EC companies. Fluor is a FORTUNE 200 Company with 36,000 employees operating globally. Fluor has a very diversified portfolio. The breakup of each sector based on revenue generated in 2009 is shown below in the pie chart. Foster Wheeler: Foster Wheeler AG is a global EC contractor and power equipment supplier. The company employs approximately 13,000 professionals in more than 25 countries. Foster Wheeler is involved primarily in two major sectors which are oil gas and power. As per ENR construction News, the Top 100 Global Design Build firms, Fluor topped the list and Foster Wheeler was placed on 5th rank. In this financial report consideration has been given to the principal relevant ratios and trends analyses for these two companies in terms of profitability, efficiency, cash flow and financing and what these ratios and trends mean with a summary of critical view of Fluor and Foster Wheelers future prospects in a tough and competitive EC market. Profitability Businesses generally exist with the primary purpose of creating wealth for their owners. Profitability ratios provide an insight to the degree of success in achieving this purpose. Gross Profit The gross profit margin relates to the gross profit of the businesses to the sales revenue generated for the same period. The gross profit margins for Fluor and Foster Wheeler are shown in Graph 1. Graph 1 Fluor: The gross profit of the Fluor shows marginal upward increase over the last 4-years period. In the second half of 2008, when the world economy slid in recession, crude oil prices slipped from an all time high of $147 per barrel to a very low of $33 per barrel, most of the oil gas investors shelved their running projects which hit Fluors profitability. Despite this extraordinary global crises situation Fluor was able to maintain its gross profit because of its diversified market. Foster Wheeler: The gross profit of Foster Wheeler shows strong growth in year 2005 and 2006 and then slight downward trend. The company has returned to profit in year 2006. After returning to profit FW has shown strong results and year 2007 saw profitability peak before the world economy slid in recession and oil and gas sector was badly affected. Due to its limited portfolio in EC, the companys gross profit experienced severe setback during recession. Net Profit Net profit is often regarded as the most appropriate measure of operational performance when used as a basis of comparison, because differences arising from the way in which the businesses are financed will not influence the measure. Graph 2 Fluor: The net profit (Graph 2) of Fluor shows a similar trend in line with gross profit over the same period. EC sector has got very intense cost cutting measure and works on very low profit margin but on a very large scale of projects (a single project may cost billions of dollars). Decreasing crude oil prices and lack of investors let EC sector see the most of their projects shelved/cancelled which affected Fluors net profit. Foster Wheeler: The net profit (Graph 2) of Foster Wheeler shows a strong growth pattern in year 2005 and 2006, then steady growth rate with marginal decline in 2009. The company has suffered a major setback on its net profit because some of its ongoing projects has shelved/cancelled in later half of 2008. The company also has very high level of expenses relative to its revenue generated. Return on Capital Employed (ROCE) The ROCE is a fundamental measure of business performance. The ROCE for Fluor and Foster Wheeler are shown in Graph 3. Fluor: With reference to ROCE, Fluor performance shows an upward and strong result with slight decline in 2009. In EC sector the capital employed is much lesser in comparison with other sectors of businesses. Due to the above reason Fluor were able to put in a very strong performance in terms of ROCE. Foster Wheeler: With reference to ROCE, Foster Wheeler performance shows a very strong but a zigzag return trend, which goes against their market image. Analyst/investors look for a steady or upward performance. The ROCE has dropped in 2007 and again in 2009 in a similar profile to profit margins decline but higher than Fluors performance. Graph 3 Efficiency Asset Turnover The asset turnover is a companys ability to generate revenue from its asset base. The asset turnover for Fluor and Foster Wheeler are shown in Graph 4. Fluor: In the past years Fluor has had consistently an asset turnover of 2.5 or above. In year 2009 they had an asset turnover of 3.1 taking into account total revenues of $21,990.0m and total assets of $7,179.0m. The asset turnover graph shows an excellent performance over five years of time. The performance during the last two years should be taken as being very positive given the economic climate which demonstrates Fluors ability to generate revenues from its assets in tough times. Graph 4 Foster Wheeler: In the past years Foster Wheeler had asset turnover of 2.0 or less except year 2008. In year 2009 they had an asset turnover of 1.6 taking into account total revenues of $5,056.0m and total assets of $3,187.0m. The assets turnover decreased in 2009 but above its average and significantly higher than the worst time a few years back. Liquidity There are a number of measures that can be used to measure the liquidity of the organisations as follows. Acid Test Ratio (Current Ratio) The current ratio compares the liquid assets (that is, cash and those assets held which will soon be turned into cash) of the business with current liabilities. The higher the ratio, the more liquid the business is considered to be. Fluor: In the past years Fluor has had very consistent and upward current ratios. As in the case of EC companies, comparatively less inventory involved; the current ratio becomes an acid test ratio. The minimum level of acid test ratio is often stated as 1.0. Fluor has been traditionally maintaining its acid test ratio much higher. In year 2009, they achieved an acid test ratio of 1.55 as shown in Graph 5. Foster Wheeler: In the past years (2004 and 2005) Foster Wheeler has acid test ratio less than 0.85. This was the time when the company was in trouble and on the brink of filing for bankruptcy. In year 2006, they started building their liquidity situation better and in year 2009, they have their highest acid test ratio of 1.51 as shown in Graph 5. Graph 5 Investment Ratio Return on Investment Graph 6, assumes the investment of $100 on December 31, 2004, in each of Fluor, Foster Wheeler, the SP 500 Index and DJ Heavy, and the reinvestment of dividends paid since that date. Dow Jones Heavy Construction Industry Group Index (DJ Heavy) consists of the following companies CBI, Jacobs Engg, KBR, McDermott International, and Shaw Group. The DJ Heavy Group consists of companies that were compiled for benchmarking the performance of compared shares in this analysis. Fluor: Fluors total return to shareholders over five years relative to Foster Wheeler is low but higher than the SP 500 and DJ Heavy. Fluor has been paying cash dividends per common share of $0.50 every year. Fluor Corporations performance is steady, consistent and upward over the last five years. Foster Wheeler: FW have not declared or paid a cash dividend since July 2001 and they do not pay any cash dividends due to their current credit agreement which contains limitations on their ability to pay cash dividends. Foster Wheeler has a very volatile performance but strongly above Fluor, SP 500 and DJ Heavy. Graph 6 Earnings per Share Ratio The earnings per share (EPS) relates the earnings generated by the business, and available to shareholders, during a period to the number of shares in issue. Many investment analysts regard the EPS ratio as a fundamental measure of share performance. Graph 7 Fluor: Fluor has very consistent and upward performance. Their EPS is always higher and shows an upward trend over last several years. Foster Wheeler: Foster Wheeler, after returning to profit, shown very strong potential with their performance. Cash Flow Fluor: Cash and cash equivalents were $1.7 billion as of year 2009, essentially higher than the $1.8 billion as of year 2008. Cash and cash equivalents in 2008 increased $0.7 billion compared to 2007. Cash and cash equivalents combined with current and noncurrent marketable securities were $2.6 billion and $2.1 billion as of year 2009 and 2008, respectively. Fluor has maintained its cash flow to increase its stability in the current economic climate. Fluor has been successfully reducing its debt every year. Currently (year 2009) they are having a total debt of 3.7% of total capitalization while in the year 2008 it was 5.3%. Graph 8 Foster Wheeler: Cash and cash equivalents were $997.0 million as of year 2009, higher than the $773.0 million as of year 2008. Foster Wheeler reached its highest cash flow in the year 2007 to the $1.0 billion mark. The company has strived to increase cash flow to increase its stability in the current economic climate. As a result of an improved cash flow management, total liabilities were down to 2.3 billion (year 2009) from $2.6 billion (year 2008). Financing Fluor: Fluor employs its retained earnings as the main source of internal finance. Cash utilized in financing activities during 2009 and 2008 of $317 million and $253 million, respectively. Cash utilized in financing activities during 2009 also included company stock repurchases. Fluor is considered to be highly geared as it relies on borrowing in the equity structure. One benefit of this type of financing is that it can be used to increase the return on shareholders equity as the interest payable can be claimed as a tax relief. Fluor gearing ratio shows declined pattern in recent years, which need to be addressed in near future. Graph 9 Foster Wheeler: In line with Fluor, Foster Wheeler also employs its retained earnings as the main source of internal finance. Cash utilized in financing activities during 2009 and 2008 of $1.4 million and $(46.0) million, respectively. Cash utilized in financing activities during 2009 also included company stock repurchases. Foster Wheeler was considered as being less geared previously because of its bad financial position. Foster Wheeler started improving on this aspect and now it can be considered as relatively better geared. Future Outlook Cash flow in the Engineering and Construction (EC) sector is improving well, and capital markets are reopening for larger projects. Both of these factors might lead Fluor and FW to better-than-expected results. As the economy recovers, it will be a driver in getting Fluors and Foster Wheelers clients to start projects sooner rather than later. Fluors backlog is expected to be growing again in year 2010 while Foster Wheelers expected to decline. Fluors prospect in mining continues to show very strong growth rate. Fluor reported first-quarter net income (2010) fell by a third from a year earlier, due to a decline in oil and gas revenue. Revenue fell 15% to $4.92 billion. As per forecast made by analysts, Fluor will be able to maintain its earnings $2.88 per share for 2010 and it will rise in 2011 to a range of $3.38 to $3.41 per share. Fluors end-market diversification has enabled them to deliver good profitability despite lower new award levels in recent quarters and the trailing impact of a significant reduction in spending by oil and gas clients. Foster Wheeler reported its first-quarter net profit (2010) reduced to $72.1 million or 56 cents a share, from $72.9 million, or 57 cents a share, a year ago (Rauters). Analysts expectation had been EPS of 54 cents, according to data compiled by FactSet. As analysts forecast, Foster Wheeler will be unable to maintain its earnings $2.77 per share for 2010, but it will rise in 2011 to a range of $3.15 to $3.31 per share. FW sales declined to $945.6 million, from $1.26 billion a year ago. Net income in the first quarter of 2010 was below the average quarter of 2009, mainly due to lower revenues, reflecting the weaker market conditions that began in the middle of 2008. Conclusions A recent Financial Times article focused on Foster Wheeler and compared them to Fluor it was pretty compelling. The comparative study shows how these two companies have reacted to recent times, with FWAG at the top showing the most upside over the past year, but also much higher volatility, while Fluor has been steadier with strong performance. Fluor is more highly valued than FWAG (forward PE of 23 versus 16), and it also has a broader business footprint. If anyone has to go with a broad bet on EC, Fluor would be the first place to look. On the other hand, Foster Wheeler has the relative simplicity of the business-they really have significant expertise in two major areas: power and oil and gas. They do work in other areas, too, but they are not spread quite as widely as Fluor. Foster Wheeler also has the siren song of a turnaround. The company has turned profitable now, after very nearly entering bankruptcy a few years ago. They made all the mistakes that EC firms tend to make, especially in underbidding or taking on unproductive business when business wasnt so hot, but the level of suffering and their very near brush with bankruptcy gives some confidence that theyre focused on only making profitable bids going forward. And if big capital projects in refineries and in power plants pick up around the world, no other company is so specifically levered to these two businesses. The demand for traditional power plants is growing exponentially higher in the developing world. In a nut shell, it can be concluded from this comparative analysis that both of these companies are having very distinctive characteristics though they are working in the same sectors. Fluor appears to be more geared, better placed and has a very consistent and strong performance history. While in the case of Foster Wheeler, after a bad phase, the company has recovered and is showing very strong results. It has great potential in future with its capability of making things turnaround and profitable. Appendix A: Reference List Fluor Corporation Annual Report and Financial Statements 2008 2009 Foster Wheeler AG Annual Report and Financial Statements 2008 2009 McLaney, E. Atrill, P. (2008) Accounting: An Introduction, 4th edition, FT-Prentice Hall Zacks Analyst Blog Highlights: https://www.zacks.com www.enr.construction.com www.rauters.com / finance www.businessweek.com / companies www.ft.com / companies www.google.com /finance Appendix B: Annual Report (2009) Data Fluor Corporation: Foster Wheeler AG:

Why Almost Everything Youve Learned About Get Papers Written for You Is Wrong and What You Should Know

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Hamlet By William Shakespeare s Hamlet - 1781 Words

In William Shakespeare’s Hamlet, Hamlet explores empirical questions searching for revenge and truth amongst the lies as he comes to grips with his father’s death. In the end, Hamlet proves to be an exceptionally existential character. In all of the chaos within the castle, Hamlet, a university student arrives back home and finds out that his father, the king of Denmark, died of foul play. The Ghost of Hamlet’s father visits him and tells him the story of his unfortunate demise. There, it was revealed that Hamlet’s Uncle Claudius is the murderer. Throughout the rest of the play, Hamlet seeks to avenge his father’s death. However, he is so enraged and consumed with sorrow that it builds up to this extreme and almost deranged madman. Hamlet makes it clear that he is a experiencing a sign of grief. â€Å"For they are the actions that a man might play, but I have that within which passes show, these but the trappings and suits of woe† (I.ii.84-86 ). Most would say that Hamlet goes insane in the play and his grip on right and wrong gets thrown out the window. However, his unhinged way of thinking is actually a brilliant ploy to get everyone around him to pay no mind to the crazy person. It is such a crafty and witty trick that Hamlet is able to manipulate everyone around him to truly see Claudius -- a murderer and usurper. The enigma of Hamlet’s nature attracts readers to the character. He is at once a critic and voluntary banishment of Elsinore, while, at the same time he receivesShow MoreRelatedHamlet : William Shakespeare s Hamlet1259 Words   |  6 PagesOmar Sancho Professor Christopher Cook English 201-0810 Hamlet Paper 23 May 2016 Hamlet Character Analysis â€Å"There is nothing either good or bad, but thinking makes it so.†(Act 2, Scene 2, 239-251) Hamlet by William Shakespeare is one of the most famous plays written that conveys a multitude theme. But most predominant is the presence of Hamlet s obsession with philosophy of life, throughout the play Hamlet philosophy reviles his point of view love, loyalty, the importance of family and friendsRead MoreWilliam Shakespeare s Hamlet - Hamlet1160 Words   |  5 PagesPart 1: Hamlet Word Count: 1000 In what ways does Shakespeare s Hamlet explore the human mind? The play Hamlet written by William Shakespeare, is seen to be an exploration of the human mind and shows the consequences our actions have when they are acted in pure impulse and emotion instead of being thought about. The character Hamlet makes majority of his decision in the heat of the moment, but had trouble deciding which action to take after intense consideration. The actions that Hamlet doesRead MoreHamlet By William Shakespeare s Hamlet1936 Words   |  8 PagesWilliam Shakespeare s, Hamlet, written in the seventeenth century and first performed in 1602, is still a complex and intriguing play that encompasses many Jungian archetypes in relation to the setting and characters. This play was approximately four centuries old before Shakespeare reworked it for the stage. Hamlet is based on events involving the death of the King of Denmark according to the Norse legends. This paper deals with a small portion of the entirety of the events in Hamlet. ScholarsRead MoreWilliam Shakesp eare s Hamlet - Hamlet And The Ghost Essay1550 Words   |  7 PagesAlthough written over 400 hundred years ago, Hamlet remains a puzzling and complex play, partially due to the ambiguous Queen Gertrude. The Queen is a puzzling character as her motives are unclear and readers question her intentions throughout the play. Townsend and Pace in The Many Faces Of Gertrude: Opening And Closing Possibilities In Classroom Talk view her â€Å"as a simple-minded, shallow woman...who has no self beyond a sexual one† while Harmonie Loberg in Queen Gertrude: Monarch, Mother, MurdererRead MoreWilliam Shakespeare s Hamlet Essay902 Words   |  4 PagesTo be, or not to be; that s the question† (Act III, Scene 1, P.1127) is of the most widely circulated lines. As we all know, it is also the most important part of the drama, â€Å"Hamlet†, which is one of the most famous tragedy in the literature written by William Shakespeare between from 1599 to1602. The drama was written at the age of Renaissance that reflects the reality of the British society in sixteenth century to early seventeenth century. During that period, Britain was in the era of reverseRead MoreWilliam Shakespeare s Hamlet 1265 Words   |  6 PagesWe have all been guilty at some point in our lives of trying to act like a conflict we ve had has not existed or been a problem at all. In William Shakespeare s Hamlet we are bombarded with characters that are avoiding conflict by acting like they don t exist. Although majority of my classmates felt Hamlet was a play about revenge, I believe Shakespeare is addressing the issue of chaos and how it cannot be rectified by conjuring up a false reality; it only pushes the conflict into further disarrayRead MoreWilliam Shakespeare s Hamlet 1130 Words   |  5 PagesHoratio and Hamlet that demonstrate how he changes from the beginning to the end of the play. In the epic tragedy Hamlet, by William Shakespeare, Prince Hamlet is trapped in a world of evil that is not his fault. Hamlet’s demeanor and attitude fluctuate over the course of the play. While Hamlet means well and is portrayed to be very sensitive and moral, at times he can appear to be overruled by the madness and darkness from the tragedy of his father s murder. His dealings with his dad s ghostlyRead MoreWilliam Shakespeare s Hamlet 1116 Words   |  5 PagesTeresa Fang Professor Moore Humanities 310 28 October 2015 To Seek Revenge or to Wait? Hamlet is a very enigmatic fellow. In Hamlet by William Shakespeare, the theme of revenge is presented as a controversial one. Before the play was set, Prince Hamlet’s uncle and new stepfather, King Claudius, had taken part in the assassination of his brother, old King Hamlet. Old King Hamlet died without a chance to receive forgiveness for his sins. As a result, his spirit is condemned to walk the earthRead MoreWilliam Shakespeare s Hamlet 1077 Words   |  5 Pagessuch as William Shakespeare have 4dictated their works in a way that allows for them to integrate common occurrences of new psychological findings into a text, giving them an opportunity to sculpt characters that differentiate themselves from one another. Psychoanalytical Criticism is the application of psychological studies incorporated into the findings of contemporary literature, principles founded by Sigmund Freud and Jacques Lacan are most commonly referred to in these texts. Hamlet is an identityRe ad MoreWilliam Shakespeare s Hamlet 2273 Words   |  10 Pages William Shakespeare was an English playwright, widely regarded as the greatest writer in the English language and the world s pre-eminent dramatist. Shakespeare is perhaps most famous for his tragedies. Most of his tragedies were written in a seven-year period between 1601 and 1608. One of these tragedies is his famous play Hamlet. The age of Shakespeare was a great time in English history. The reign of Queen Elizabeth saw England emerge as the leading naval and commercial power of the

The capacity of the European Arrest Warrant - Free Essay Example

Sample details Pages: 11 Words: 3411 Downloads: 2 Date added: 2017/06/26 Category Law Essay Type Critical essay Did you like this example? Critically discuss the capacity of the European Arrest Warrant to diminish traditional values of legitimacy and due process in criminal justice. Introduction Judicial cooperation is regarded as one of the main focus of the European Union (EU) integration in criminal matters. In the past decade we have seen revolutionary introductions of new mechanisms in the field that have reformed EU criminal cooperation and have favourably developed the EU into an area of security, freedom and justice. Don’t waste time! Our writers will create an original "The capacity of the European Arrest Warrant" essay for you Create order The pioneer initiative in this area has been, without uncertainty, the principle of mutual recognition, which has been regarded as the cornerstone of the judicial cooperation, therefore being the main centrepiece of EU judicial cooperation in criminal matters. The adoption of the framework decision on the European arrest warrant (EAW) has signified a welcome of the first concrete measure in the field of EU criminal law in implementing the principle of mutual recognition. The EAW is (EAW) is an arrest warrant binding throughout all member states of the European Union (EU). When issued, it requires another member state to arrest and transfer a criminal suspect to the issuing state so that the individual can be put on trial or complete a detention period[1]. It has, to date been applied by all member states and has also had more than seven years of testing ground. In exploring the context and implication of the principle of mutual recognition in criminal matters on state values and traditions, this thesis will take the European arrest warrant as a case study. The hypothesis of this thesis is that the European arrest warrant, in theory and practice, challenges the essential functions and prerogatives of member states which are defining features of their state sovereignty. The discussion which follows is dedicated to exploring whether the European arrest warrant diminish traditional values of legitimacy and due process in criminal justice. To do so, it will focus on three axioms around the European arrest warrant; a) the removal of the bar to surrender of owns nationals[2], b) the double criminality requirement and its partial abolition and c) the depoliticisation of the surrender procedure. In examining this research question, a methodological challenge that arose was the interpretation of the concept of traditional values of legitimacy which has been taken in this thesis to mean à ¢Ã¢â€š ¬Ã…“sovereigntyà ¢Ã¢â€š ¬Ã‚  as it is a contested conc ept and could be said to one of the most ambiguous terms in use today[3]. The term is concurrently used by scholars, politicians, jurist, journalist and even laymen in reference to different notions. In this context, prior to setting out examining whether the European arrest warrant challenges state sovereignty and due process in criminal justice, it is evident that the concept of state sovereignty must first be identified to the extent that it will be used in the analysis of this paper. Put simply, state sovereignty, includes a state having political and legal authority over all individuals in regards to any affairs within its territory[4], and as such, said state is not obliged to adhere to any demands from other states as it is equal to and independent of other autonomous states[5]. Therefore the criminal law of a state has a trilogy of defining characteristic that is associated closely with the expression of traditional values of legitimacy within a state due to its series of set rules which lays down its values/principles of what is acceptable and what is not. It also has its own stigmatic punishment[6] and sets of sanctions to support its procedures, while its criminal justice system, such as the judges, courts and the police are designated to interpret and enforce the due process in criminal justice[7]. The characteristic is used as a method of social control[8] within the state superiority and therefore criminal law provides the states with a social control mechanism through which they can regulate human behaviour and thus far exercise its traditional values of legitimacy. The stateà ¢Ã¢â€š ¬Ã¢â€ž ¢s ability to decide what conduct to criminalise, enforce and interpret is the ultimate expression of its legitimacy within its territory, thereby showing democratic negotiations of what is acceptable and what is unacceptable on a national platform. These democratic dialogues are considered to echo the social norms which are particular to each st ate and its criminal laws, thereby à ¢Ã¢â€š ¬Ã…“a product of culture in that it is rooted in the history of a State and exhibits a nationà ¢Ã¢â€š ¬Ã¢â€ž ¢s deepest convictions and valuesà ¢Ã¢â€š ¬Ã‚ .[9] It can also be contended that criminal law is seen as a manifestation of state legitimacy[10] and as such, judicial collaboration in criminal matters through the standard of mutual recognition, in practice and theory, is used to challenge the crucial functions and prerogatives of member states that are defining features of traditional values and legitimacy. Thus legitimacy in criminal law within the state is absolute. Part A) Removal of Bar to Surrender The problems with the challenges raised from the removal of the bar to surrender own national has shown how the capacity of the EAW to strengthen the bond of allegiance between state and its own national in establishing its traditional values and legitimacy; this bond can be transcribed into member states constitutions which has led to numerous problems in implementing the FD with some countries having to make changes to legislations in order to accommodate the obligations to surrender their nationals. This is illuminated in the cases of Germany[11] and Poland, where it was illustrated that there were inherent constitutional issues with the application of the EAW. This in turn showed judgments that state legitimacy is a principle that lies within the hearts of member states and therefore the removal of the bar to surrender own nationals thereby challenges it. This is especially seen in Polandà ¢Ã¢â€š ¬Ã¢â€ž ¢s vigorous attempts to constitutional preservation as grounds of refusal, of the verification of the double criminality requirement principle in order to diminish the induced challenges. Part B) The Double/Dual Criminality Requirement and its Partial Abolition. The double criminality and partial abolition affects the European Arrest Warrant in diminishing traditional values and legi timacy (sovereignty) by creating extraterritoriality or as some scholars have described as the horizontal transfer of legitimacy. Upon this, the double criminality ensures that the set of principles reflected in criminal law of the executing state thereby confines the loss of legitimacy upon the issuing state use of its criminal justice while that member state executes its own legitimate act within its territory. Upon the list of the 32 categories of offences, and providing that conditions are met, the double criminality requirement and subsequently, the stateà ¢Ã¢â€š ¬Ã¢â€ž ¢s traditional values and legitimacy protection provided is abolished. It is therefore said that some of the offences descriptions are vague, leading commentators to argue that this thus creates a function. Siledregt states, for example, that it allows for certain laxity in the definition of offences which prevents the list from being outdated and therefore in need of constant amendment and also accommodates the crime definition of 27 member states by not being that narrow.[12] On the other hand, there being more than 27 different criminal legal systems and more than 23 official languages in which definitions are expressed differently creates a vague and broad category of crimes. The lack of standardised definitions has created inconsistencies within the chain of transfer of horizontal power of legitimacy. This therefore has created difficulty of finding out which category of offences which the double criminality can be abolished. Due to the fact that more than 23 languages exacerbates the interpretation of the substantial element of the offences and as such has given rise to the partial abolition of double criminality further challenges the horizontal transfer of legitimacy and traditional values. In regards to the offence of rape, for example, in England and France one or more genital organs of the victim or the anus must be involved for penetration to amount to rape, while in other member states (Germany) there is no such conditions and other member states, any sexual penetration is regarded as punishable[13]; this is thus illustrated in the case of European court of human rights M.C v Bulgaria[14]. This complication of definition is also illuminated in the case Julian Paul Assange[15]. Assange case is seen as implementing the à ¢Ã¢â€š ¬Ã…“one shoe fits allà ¢Ã¢â€š ¬Ã‚  approach in EU criminal legal matters. Thereby the EAW is being used to impose a process of extradition that does not reflect the overall natural justice member states nationals deserves. Assange case indicates how the EAW procedure has been put together in ways which by-pass traditional values/national sovereignty. This lack of precision in the classification of offences and the inconsistency in the language or versions of offences in Member States captures even greater legitimate constraints with the abolishment of the double criminality requirement. The clause in article 2(2) à ¢Ã¢â€š ¬Ã…“member states can precede without verification of the double criminality of the actà ¢Ã¢â€š ¬Ã‚  has further created a transfer of horizontal legitimacy of national sovereignty from the issuing state towards the executing state in becoming absolute/authorative as it restrains the role of the executing states in ascertaining its control. Additionally, it is evident that the executing state cedes sovereignty/legitimacy on unstable grounds and as such infringes human rights of any individual that is surrendered under the European arrest warrant[16] particularly their rights to liberty and security and this therefore challenge the traditional values of all member states as this is one of the main principles of their constitutions. The abolition of the double criminality requirement for 32 offences to surrender individuals, although the acts committed do not constitute an offence within the executing state has been challenged in the case of Advocaten Voor De Wereld[17], where the Belgian court submitted a preliminary ruling regarding the conformity of the frame work decision(FD) with the principles of legality, equality and non-discrimination, because by no longer requiring the double criminality principle, these rights will be put at risk[18] and upon evaluation the ECJ examined the FD in light of the protection of fundamental rights, held that the principle of legality of criminal offences and penalties as the general legal principle common to the member states; and as such compliance with the principle must be assessed from a national law perspective and not on the basis of the FD on EAW. But while on the principle of equality and non-discrimination, found that different treatments for list and non-list offenses by the FD was objectively justified; and the FD on EAW is not designed to harmonise the substantive criminal justice. This can be seen as a further bypass the legitimate challenges that arise from horizontal transfer of na tional/traditional values from the issuing to the executing states, this reasoning can be seen as the courts attempt to keep a high level of mutual trust between member states while establishing the normative value of the EAW[19]. Another case which illustrates the problematic issues regarding the double criminality can be seen in the Julian Assange case. Part C) The Depoliticisation of the Surrender Procedure The link between the double criminality and the depoliticisation of the EAW procedure is the new mode of governance upon which the national judicial authorities becomes players in their own rights within the international system, leading to the creation of transnational network of national judges, demonstrating the plan for the EAWà ¢Ã¢â€š ¬Ã¢â€ž ¢s horizontal transfer of legitimacy from the issuing state to the executing state, meaning that the power of judges in this power struggle is absolute, even though it can be subject to grounds of refusal, while the sovereignty of the executing state is challenged. This is due to the fact that judges have no political gravity because they are tools to the acts of justice, independent and follows the rule of law in exercising judgment by not endorsing the political issues of the state, in implementing decisions. To this, state values and legitimacy are further diminished and not protected. Furthermore, the ability to exercise legitimacy/traditional values in a political field has been conceded for member states because the move from political to judicial has seen the loss of its diplomatic tool, due to the fact that it is now difficult to pressure through a decision to surrender by way of political or diplomatic means. Additionally, the lack of homogeneity of legal systems has created the emergence of judgeà ¢Ã¢â€š ¬Ã¢â€ž ¢s interiming as concierge of their national legal systems, by acting as porters; judges are passing the jurisdictions of the executive thereby expressing the fundamental political agenda of their government and as such the horizontal transfer of legitimacy in creating a EAW would not defy the states traditional values. However, when judgeà ¢Ã¢â€š ¬Ã¢â€ž ¢s political views are not in line with the governmentà ¢Ã¢â€š ¬Ã¢â€ž ¢s political and social objectives, it therefore challenges the stateà ¢Ã¢â€š ¬Ã¢â€ž ¢s traditional values of legitimacy. Yet, a close inspection of the FD shows that the plethora of grounds of refusal added within the FD does not allow automaticity which is one of the principles of mutual recognition, in the agreement by one member state to another, showing member states attempt to protect itself with the leeway within the FD by not automatically taking the decisions of other member states within its territory. This mechanism can be seen as its ploy to screen the horizontal transfer of power which takes place in issuing an EAW, by engaging in such checks. It can be argued that such reluctance is a way of not relinquishing its legi timate rights which is increasingly challenged by the depoliticisation of the European arrest warrant procedure. The Future of the European Arrest Warrant: The European arrest warrant is said to fruitful in reducing the chances of offenders not misusing the free movement of persons within the EU in attempts at escaping justice. However, the integrity of the EAW, such as the abolition of the double criminality is unlikely to change in spite of the human rights concerns. Nonetheless, the commission council are now pursuing changes to address issues of proportionality for EUà ¢Ã¢â€š ¬Ã¢â€ž ¢s continuing programmes in ensuring that basic rights for accused individuals around Europe. It is shown throughout my research, that member states will protect any risk within their capacity to stop the diminishing of their traditional values of legitimacy in matters of criminal justice. Closing, it is submitted that not enough weight has been given in the EU to analyse and understand EU integration in criminal matters through the lens of the impact it has on Traditional valves and its due process. To this respect, it is submitted that only if Member States understand the intrinsic and real challenges from incorporation of their Traditional values, and ways are establish to pacify the ceding Traditional values/Sovereignty, whilst promoting EU cooperation, will EU mixing in criminal matters proceed on concrete ground. The question one is left with: Is it possible that the European arrest warrants disadvantage citizens from a common law system more than a civil law system or vice versa or could it be that they disadvantage both equally given the inherent distance that the European government has from any of its citizens Bibliography Bartelson J., A Genealogy of Sovereignty, Cambridge: Cambridge University Press, 1995 Abramson W., Extradition in the United States, in Keijzer N. and Sliedregt E. van, The European Arrest Warrant in Practice, T. M. C. Asser Pr ess, 2009 Bartelson J., A Genealogy of Sovereignty, Cambridge: Cambridge University Press, 1995 Lazowski A., à ¢Ã¢â€š ¬Ã‹Å"Constitutional Tribunal on the Surrender of Polish Citizens Under the European Arrest Warrant. Decision of 27 April 2005à ¢Ã¢â€š ¬Ã¢â€ž ¢, EuConst., 2005 Murray CJ: was critical à ¢Ã¢â€š ¬Ã…“ the somewhat vague language and curious constructionà ¢Ã¢â€š ¬Ã‚  of the framework à ¢Ã¢â€š ¬Ã¢â‚¬Å" balancing due process with welfare values/objectives. Ian Bailey à ¢Ã¢â€š ¬Ã…“Fair or Foul? The European arrest warrant justice sans frontier an instrument open to abuse- The executive force of community law cannot fluctuate from one state to another in deference to subsequent domestic laws; could this be defined as restorative justice or just simply obscured justice. Julian Assange v Swedish Prosecution Authority [2012] UKSC 22 :On appeal from: [2011] EWHC Admin 2849 cases C-187/01 and C-385/01 GÃÆ' ¶zÃÆ' ¼tok and Brugge ECR [2003] I-1354. Forde, Michael; Kelly, Kieran (2011).Extradition Law and Transnational Criminal Procedure(4th ed.). Roundhall. p.18 Marianne L. Wade: Judicial control: the CJEU and the future of Eurojust : file:///C:/Users/adminuser/Downloads/Eurojust%20-%20Wade%20Article.pdf Extradition and the European Arrest Warrant à ¢Ã¢â€š ¬Ã¢â‚¬Å" Recent Developments: file:///C:/Users/adminuser/Downloads/Extradition%20and%20EAW%20-%20Home%20Office%20(1).pdf A REVIEW OF THE UNITED KINGDOMà ¢Ã¢â€š ¬Ã¢â€ž ¢S -EXTRADITION ARRANGEMENTS: file:///C:/Users/adminuser/Downloads/Review%20of%20Extradition%20Arrangements%20UK.pdf Professor Dermot P Walsh à ¢Ã¢â€š ¬Ã…“An Emerging EU Criminal Process?à ¢Ã¢â€š ¬Ã‚  file:///C:/Users/adminuser/Downloads/EU%20Criminal%20Process%20Article.pdf 1 [1] 2002/584/JHA of 13 June 2002 [2] Forde, Michael; Kelly, Kieran (2011).Extradition Law and Transnational Criminal Procedure(4th ed.). Roundhall. p.18 [3] Rajan M.S., UN and Domestic Jurisdiction, Orient Longmans, Bombay, 1958, 6. It is accepted that not all scholars agree that the Peace of Westphalia deserves this status. For a discussion see Krasner S. D., Sovereignty: Organized Hypocrisy, Princeton, NJ: Princeton University Press, 1999 [4] Bartelson J 1996 [5] Ibid [6] Stigmatic punishment is arguably the distinguishing characteristic of criminal Law from other forms of social control and from other branches of law see Clarkson C. M. V., Keating H.M., and Cunnigham S. R., Clarkson and Keating Criminal Law: Text and Materials. 6th ed., London: Sweet Maxwell, 2007 at p.1. [7] [8] Formal Social Control is a form of social control that is based on rules of behavior that are written down to regulate individuals and there is usually a formal and regulated mea ns of sanction for non-compliance with those rules of behavior see Quinney R. and Trevino A. J., The Social Reality of Crime. 2nd ed., New York: Transaction Puplishers, 2001 at p.6. [9] Wilt H., à ¢Ã¢â€š ¬Ã…“Some critical reflections on the process of harmonisation of criminal law within the European Unionà ¢Ã¢â€š ¬Ã‚ , in Klip A. and Wilt H. van der (eds), Harmonisation and Harmonising Measures in Criminal Law, Royal Netherlands Academy of Arts and Sciences, 2002, 77. [10] See for example Perron W., Perspectives of the Harmonisation of Criminal Law and Criminal Procedure in the European Union, in HusabÃÆ' ¸ E. J. and Strandbakken A., Harmonization of Criminal Law in Europe: Series Supranational Criminal Law: Capita Selecta. s.l.: Intersentia, 2005 at p.p.5-6; Kapardis A. and Stefanou E.A., The First Two Years of Fiddling around with the Implementation of the European Arrest Warrant (EAW) in Cyprus, in Guild E. (eds), Constitutional Challenges to the European Arrest Wa rrant. s.l.: Wolf Legal Publishers, 2006 at p.75. [11] Joined Cases C-187/01 and C-385/01 [12] Sliedregt E. van., The Dual Criminality Requirment, in Keijzer N. and Sliedregt E. van (eds.), The European Arrest Warrant in Practice, The Hague, 2009, p.58. [13] Council Framework Decision 2005/222/JHA of 24 February 2005 on attacks against information systems; Official Journal L 069, 16/03/2005, 67à ¢Ã¢â€š ¬Ã¢â‚¬Å"71 [14] Ibid 9 [15] [2012] UKSC 22 ; On appeal from: [2011] EWHC Admin 2849 [16] Council Framework Decision on the European Arrest Warrant and surrender procedures between Member States of the European Union, of 13 June 2002, OJ L 190, of 18 July 2002 (hereinafter referred to as Framework Decision). [17] C-303/05 Advocaten voor de Wereld [18] A further preliminary ruling ground brought forward, that is not mentioned in this essay, was à ¢Ã¢â€š ¬Ã…“that the subject-matter of the European arrest warrant ought to have been implemented by way of a conv ention and not by way of a framework decision since, under Article 34(2) (b) EU, framework decisions may be adopted only à ¢Ã¢â€š ¬Ã‹Å"for the purpose of approximation of the laws and regulations of the Member Statesà ¢Ã¢â€š ¬Ã¢â€ž ¢Ãƒ ¢Ã¢â€š ¬Ã‚  (Para. 11 and Para 16(1)). Although the European Court of Justice accepted that the European Arrest Warrant could equally have been the subject of a Convention, it took the view that it is within the Councilà ¢Ã¢â€š ¬Ã¢â€ž ¢s discretion to give preference to the legal instrument of the Framework Decision in cases where the conditions governing the adoption of such a measure are satisfied (Para. 41). The Court confirmed that there is no distinction in the third pillar as à ¢Ã¢â€š ¬Ã…“to the type of measures which may be adopted on the basis of the subject-matter to which the joint action in the field of criminal cooperation relatesà ¢Ã¢â€š ¬Ã‚  (Para. 36) and that there is no priority between the different instruments mentioned in Article 34(2) TEU (Para. 37). Moreover, it was rejected that the adoption of Framework Decisions must relate only to areas mentioned in Article 31 (1) (e) which provides the basis for criminal law approximation. The Court also rejected that the European Arrest Warrant should have been adopted by a Convention, as it replaced earlier EU extradition Conventions, as this would à ¢Ã¢â€š ¬Ã…“risk depriving of its essential effectiveness the Councilà ¢Ã¢â€š ¬Ã¢â€ž ¢s recognised power to adopt framework decisions in fields previously governed by international conventionsà ¢Ã¢â€š ¬Ã‚ (Para. 42) [19] cases C-187/01 and C-385/01 GÃÆ' ¶zÃÆ' ¼tok and Brugge ECR [2003] I-1354.

Nature of the Representation of Death on Television

An Analysis of Death and Television This paper will discuss the nature of the representation of death on television as portrayed in news shows, dramas, and cartoons. Since death serves as a common theme on television programming, viewers are familiarized with death to such an extent that the subject of death almost becomes absurd, extreme, embellished, and ultimately inconsequential. This conclusion comes after viewing an hour of Fox News coverage on the death of U.S. Ambassador Christopher Stephens, an hour of the drama Seven shown on cable television, and an hour of the adult-cartoon series South Park on Comedy Central. In each of the shows, death is portrayed with a sense of extreme melodrama and tragedy, sinister calculation and sadism, or ridiculous sensationalism and even (as in the case of the cartoon) absolute irreverence. The network news station Fox News portrayed the death of U.S. Ambassador Christopher Stephens as a tragedy that might have been avoided. 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Richard III and Lady Anne Why Do They Marry

How does Richard III convince Lady Anne to marry him in Shakespeare’s Richard III? At the beginning of Act 1 Scene 2, Lady Anne is taking the coffin of her late husband’s father King Henry VI to his grave. She is angry because she knows that Richard killed him. She also knows that Richard killed her late husband prince Edward: â€Å"To hear the lamentations of poor Anne wife to thy Edward, to thy slaughtered son, stabbed by that selfsame hand that made these wounds†(Act 1, Scene 2) She curses Richard to a series of horrible fates: â€Å"Cursed the blood that let this blood from hence. Cursed the heart that had the heart to do... If ever he have child, abortive be it...If ever he have wife, let her be made more miserable by the death of him that I am by my young lord and thee.†(Act 1, Scene 2) Little does Lady Anne know at this point but as Richard’s future wife she is also cursing herself. As Richard enters the scene Anne is so vehemently against him that she compares him to the devil: â€Å"Foul devil, for God’s sake hence and trouble us not†(Act 1, Scene 2) Use of Flattery So how does Richard manage to convince this woman who hates him to marry him? At first he uses flattery: â€Å"More wonderful, when angels are so angry. Vouchsafe, divine perfection of a woman† (Act 1, Scene 2) Anne tells him that he can make no excuses and the only sufficient way to excuse himself would be to hang himself. At first, Richard tries to deny killing her husband and says that hanging himself would just make him look guilty. She says that the King was virtuous and mild and Richard says that therefore, heaven is lucky to have him. Then Richard changes tack and says that he wants Anne in his bedchamber and that she is responsible for her husband’s death because of her beauty: â€Å"Your beauty was the cause of that effect – your beauty that did haunt me in my sleep to undertake the death of all the world so I might live one sweet hour in your sweet bosom.†(Act 1, Scene 2) Lady Anne says that if she believed that she would scratch the beauty away from her cheeks. Richard says that he would never stand by to watch that, it would be a travesty. She tells Richard she wants revenge on him. Richard says it is unnatural to want revenge on someone who loves you. She answers that it is natural to want revenge on someone who killed your husband, but he says that not if his death helped her to gain a better husband. Lady Anne is still not convinced. Richard humbles himself to Lady Anne saying that her beauty is such that if she rejects him now he may as well die as his life is worthless without her. He says that everything he did was for her sake. He tells her to be less scornful: â€Å"Teach not thy lip such scorn, for it was made for kissing lady, not for such contempt.†(Act 1, Scene 2) He offers her his sword to kill him, he tells her that he did kill the King and her husband but that he only did it for her. He says to kill him or to take him as her husband: â€Å"Take up the sword again or take me† (Act 1, Scene 2) Close to Death She says she will not kill him but that she wishes him dead. He then says that all the men he killed he did in her name and if he was to kill himself he would be killing her true love. She still doubts him but seems to be becoming convinced by Richard’s professions of love. She reluctantly agrees to take his ring when he offers it to her. He puts the ring on her finger and asks her to do him the favor of going to Crosby House while he buries her father in law.   She agrees and is happy that he is finally penitent for his crimes: â€Å"With all my heart – and much it joys me too, to see you are become so penitent† (Act 1, Scene 2). Richard can’t quite believe that he has convinced Lady Anne to marry him: â€Å"Was ever woman in this humour wooed? Was ever woman in this humour won? I’ll have her, but I will not keep her long†(Act 1, Scene 2) He can’t believe she will marry him â€Å"whose all not equals Edward’s moiety† and who is halting and â€Å"misshapen†. Richard decides to smarten up for her but intends to kill her in the long run. He does not believe he is lovable enough to acquire a wife, and because he manages to woo her in such circumstances he respects her less.