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What is the Internet? How does it work? The Internet has the capacity of becoming something powerful and extensive, to the point that it can be used for almost any purpose, which depends on the information. It can be accessed by any and every individual who connects to any of its constituent networks. It gives one an access to digital information through many applications, which includes the World Wide Web.
Get original essayNowadays, especially in this generation, the Internet has gotten more and more popular. It has become a tool in helping people communicate, as it is also bringing both efficiency and convenience to the people who uses it. However, the internet may have given everyone such services that make everything easier done, but it still has its cons. The biggest weakness that the internet has is, it has no limit. That is the reason why a lot of countries are working on internet censorship.
I believe that there should be censorship in the internet in order to put up boundaries into the limitless; because honestly, the internet may cause harm. If there is internet censorship, there will be an end to such inappropriate actions that happens within. With internet censorship, identity theft will be lessened, there will be such limit in accessing harmful activities, and it will protect whoever is in front of the screen.
The internet users are anonymous and the web data and information spread fast on the internet. Some users take advantages of what's in the internet internet to carry on internet violence. The clients may criticize, slander, abuse others and uncover and expose others' security, which will bring haem to the victims. Numerous stars are the casualty of internet viciousness, which can even result to the user of having suicide. A few sites utilize web wrongfully–in itheer words, illegally, which give rise to baneful influence and undermine individuals' life security. Web murders occur. Using social networking sites, internet users deceive and murder other users.
Internet censorship can prevent unjustified defamation, limit internet violence and protect people’s life security. It can also protect in order to maintain the mainstream morals and values of the nation and help the public to form healthy and reasonable internet using consciousness. Censorship in the Internet has importance to the whole rather than individual. That is why China that believes in communism can implement stringent internet censorship.
In the internet, you can do almost anything. Surf it all you want, post all the photos that you want others to see, shop for the things that you have always wanted to buy, and by just publishing all the needed details, everything that you want to happen, happen. That is the risk. Anyone can expose just anything, and that exposure can lead to identity theft.
In the internet, there is this website called the dark web. The dark web is a place where illegally stolen data can be found and they are sold at such prices. Although not everything there is illegal, it is easier to find information about others that can lead to identity theft or worse. Henson were able to site examples on a report in Experian called “What is Dark Web Monitoring.” These included: The price of a valid Social Security number is $1, Thieves will pay up to $1,000 for accurate medical record, sPassports from the United States sell for up to $2,000, Your driver’s license or loyalty accounts are worth $20 each, and etc.
Internet censorship would give law enforcement an opportunity to stop such behaviors without restricting access to other people. Advocates for internet censorship say that by limiting what data is accessed within the internet, personal data won't be simply accessed by just anyone. By using anti-phishing software, which is a type of net censorship, it will war the user that a sort of computer code is making an attempt to induce access, it provides the user the prospect to stay hackers and firms from obtaining pertinent data.
Parents cannot be always there to watch the kids, and it is undeniable that the Internet is one of the dangerous grounds in the world. The internet can access just anything, and sites that display malicious content is not out of the picture. These inappropriate content include violence, sexual content, age-appropriate content, and the likes.
In debates, there has always been this argument that the parents are the ones who are responsible for protecting their child from all of these content. The thing is, parents are also expected to work in order for a family to survive and live. Their eyes will not be able to see their children 24/7. According to Rajalakshmi & Thanasekaran, there is an estimation of 10 million children who take Censorship in the Internet of themselves after school, because of a lot of reasons, and mainly, it is because of the fact that their parents are not yet home, due to work.
The censorship of internet can filter the inappropriate information online and protect children from disturbing websites, such as, child pornography, sexual violence and crime or drug use. The undue internet information may weaken children’s moral consciousness and pollute the children’s mind and thinking. Accordingly, sites like these can have a seriously awful impact on the solid development of the children or it can even become a reason for immature wrongdoing. Because of this, kids are anything but difficult to contact undue internet information. Since the parents can not monitor the sites that kids visit in whenever and at wherever, internet censorship can help the parents with filtering sites for kids and protect them from the misguidance and negative impact of the internet.
The internet ?is a dangerous place; not just for children, but for every user of it. It is a place where freedom is much given to just anyone. But the thing is, because of this freedom, such negative acts and misbehavior occur. There are a lot of mischief that happen within the intetnet, up until the point that it affects the user and leaves such great impact. This freedom knows no boundary, and that is why this should be halted. The people should be the ones to put on a boundary to the limitless. That is why there is internet censorship.
The internet censorship can be a protection measure, not just for one, but for everyone; because anyone can be at risk. The censorship of internet can cleanse the internet information and protect people to some extent. Imagine being protected from all the harm that there is, because of the censorship. National security will then be strengthened. There will be less identity theft. Your children will then be protected from all the harm as well.
The protection is not only about the physical preservation of the people, and foremost, it is a force and guidance in the morals and values of the nation as a whole. Because of the filtering of data, given by the internet censorship, undue information which may corrupt the moral standard and soul of the public, will be protected from anyone who intend harm. The censorship of internet attaches importance to the whole rather than individual. It is the whole community which it intend to protect; not just one, but the whole.
Some say what comes around goes around, meaning that if you do something bad, eventually it will come back around to you. The question at hand is “what do people deserve for doing “good” or “bad” things?” In The Book of Job, the main character Job has to endure physical as well as mental pain that God had put upon him. This was a test that tested Job’s faith in God and belief that his actions were just. God believed that Job valued him more than the possessions he owned in his human life. He wanted to prove to Satan that faith was true and that Job was dedicated to him. Socrates once said something along the lines that “it is better to endure and receive harm than to inflict it upon someone else” This means that you are better off in this world if you receive pain rather than to inflict it on someone else. So why was God inflicting pain onto Job? Did this form of action make God a bad person?
Get original essayNot necessarily so. The pain was not pain from the whip in the hand of God but the pain from extracting pride from Job. The pain that Job had endured had two reasons behind it. One was to extract the pride that Job held, and to show God’s greatness and glory. Now why do bad things happen to good people? If something bad does happen to someone good, were they really good in the first place? I argue this to be false. I disagree that there is ALWAYS a mean to end. Bad things happen to good people and good things happen to bad people because that is just the way life is; it is the natural human world.
How do we know that things just happen without any means? Let’s look towards our health. Are all good people healthy and are all bad people dying? The answer is no. God does not throw cancer onto someone who has done wrong and he does not give someone a disease because they have sinned. God’s plan for Job was to refine and fix Job’s righteousness. In the real world, someone isn’t going to lose everything they had and suddenly get everything they once lost back, but better. It simply just doesn’t happen in human nature. The lesson in The Book of Job was basically that God has a plan for you. It may have not applied to the real world necessarily though. In the real world, you don’t get second chances at life. You have one life to live and it’s up to you to decide on how you live it. This book also references how the man (humans) are weak and just mortal beings. This is shown again, from how God brings that suffering to Job to “refine his righteousness.”
Evidence to back up that God can’t be divinely the one in control of what is bad and good in our lives is shown throughout life itself. Do people in the war die because they’re bad people? No, they die BECAUSE of bad people, and sometimes those bad people get to live. When it comes to things like war, it’s hard to understand why things are happening the way that they are. If God is truly good and is always looking to do the best things for us, then why do bad things happen? This is a reoccurring question that does not have one right answer to it. How does murder play into this equation? Let’s say a murder kills a good person, the murder does not get caught and continues to live a lavish and long life, while the victim of the family forever mourns their child. This is a controversial topic but it needs to be addressed in order to have a good argument. If bad people deserve bad things yet good people are receiving a life of suffering, were they really good at all? There is a connection in the book between the desires that Satan wants to play out on humans and the things that God lets him do. Satan was the real cause of Job’s pain that he endured although God did have a hand in it.
The book is saying that although God’s hand played into his suffering, it didn’t mean that he didn’t care about Job and what he went through. The book is trying to say that God doesn’t inflict pain for the fun of it or to let Satan take a stab at mankind, but to show that he is all might, to show discipline, order, and renewal. He simply does not harm for the wrong reason. In the book, Job is suffering for his own good and not just because of the randomness of human nature. Job has three friends that come to him to try and sympathize with him. When they come, Job asks, “If I have sinned, show me.” His first friend Eliphaz tries to convince Job to confess his sin and lay them all out to god. Eliphaz tries to tell Job that he is foolish for thinking that he has not sinned. He means that it in unwise to pretend like he doesn’t know what he did. Living your life like it was perfect, without looking deeper into it, led him to his pain and suffering. Eliphaz wanted Job to see that God would heal him and bring back prosperity once he revealed his sins and laid them out not only to God but to himself. Bildad, Job’s other friend had other thoughts in mind. Bildad believed that God was neither unjust nor unfair. He claimed that all of Job’s suffering was a result from all of his sins and his faults alone. Bildad said that Job needed to repent himself before he could be saved by God’s grace. His friend thought that Job was evil and that he needed to repent in order to get all of his lost joys and pleasures back. Bildad also believed that since Job was a sinner and he was evil, he needed to be punished by God. Through the whole conversation, Job was unable to agree with his friend because Job still believed that he was a righteous man and that the evidence that was presented before him was false and accusing. The attack on Job continued with his friend Zophar. Zophar thought that he had an understanding of God’s wisdom. He believed that Job was too caught up in his materialistic way of life to understand God and the deeper meaning behind his actions. That is why Job couldn’t understand why he was being punished even though he believed that he was a righteous man that did not harm and sin. Job simply did not understand the concepts behind good and evil.
What makes a person good? What makes a person bad? A person’s actions, duties, and services do not make someone a good person. You can do anything in life and label it as “good” but it will not truly be “good” unless you have the right intention and motivation. For example: Two sisters are always competing with one another, both caught up in trying to one up the other. These sisters are wealthy and prosperous. Each sister holds a fundraiser for the poor, one sister makes more than the other. The other sister sees that she made less money, and holds another fundraiser to out beat her sister. Now is this what a good person is? From an outside perspective, you see two generous sisters holding fundraiser and helping the poor. The deed that they are explicitly carrying out may be labeled as good, but they are not good in the soul. Now turning back around to Job, his actions may have been in the right place, but was his heart? One could argue different perspectives of the situation. In the end, God claimed that Job was truly righteous. Job had endured great suffering. He may have questioned God’s motives and reason for his suffering, but he never gave up the faith that God knew he had. Towards the end, God pretty much said that he will be just to all of the creatures he has created in the world. God always has a reason to his actions whether it be discipline, order, or refining of the soul. Nobody regulates justice BUT God himself. God is not obligated to anything whether it be nature, the world, even man.
The book is trying to show that God teaches through discipline and suffering will only make you better and stronger. In the end, no one deserves anything at all really. Man cannot expect that if they do something good, they will get good back in return. Everyone is at their knees to God and we all answer to him. We are not the determiners of our own reward and our punishment and the soon we realize that the sooner we will all be closer to God.
Andrew Carnegie was born in 1835, and he lived till 1919. He lived until the age of 84, which back then was a lot. Carnegie was a Scottish immigrant who created the world’s largest steel company. This steel company made him one of the wealthiest men in the world. The reason was because this steel company, more specifically, was the most efficient steel company that was around during that time. Even though he was very rich, he was different. He didn’t want to keep the money to hoard it, instead he was really giving. He emphasized that the rich should donate their money, and to not be greedy with it.
Get original essayThis is a public announcement and is giving Andrew’s opinion on what to do with the wealth rich people acquired back in the day. So, this would be an opinion piece because he’s explaining his “Gospel Of Wealth” and how it can help benefit others.
This is mostly targeting the upper, rich class because Carnegie wants people to give back.
Carnegie describes the “law of competition” as a great advantage to different individuals and different kinds of companies. Carnegie believes that “while the law may be sometimes hard for the individual, it is best for the race because it insures the survival of the fittest in every department”. With survival of the fittest, it means that someone must be on top. When someone is on top and is gaining wealth, Carnegie describes “three modes in which the surplus wealth can be disposed of”. Carnegie uses personal experience and reasoning to declare to best support his opinion.
There are two main points that connect to each other relatively. The first one is the law of competition and how it helps us as individuals to become better versions as ourselves. Carnegie believes this law is “best for the race”, because it allows people to maximize their potential outcome. Everything that Andrew is saying is taken deeply because one has to remember, Carnegie was a Scottish immigrant himself. He wasn’t spoiled as a kid and when the time came he took over his father’s company. Carnegie built his steel company from the ground up. He has every right to talk about how survival of the fittest can help benefit everyone in the world because that is how he was able to make the most efficient steel company during that time.
Carnegie describes the law of competition not as not only being “beneficial, but essential for the future progress of the race”. It makes sense in today’s society because if everyone was paid the same, and everyone received the same benefits, how can we make the best of something? How did Carnegie make the best steel company during that time? The law of competition makes an incentive for people to work harder and that is what Carnegie was trying to point out. This law is what has helped society come to where it is today. People outcompeting and outworking other people to deliver the best product or to have the same product but at a different production level.
The other point that Carnegie makes that relates to the law of competition is the “three modes in which surplus wealth can be disposed of”. This relates to the law of competition because when someone is outworking and outhustling everyone in their field to become to the top spot or to survive, it is obvious that wealth comes with it. So, one outworks someone in their field and they have the number one spot in that space, with all the wealth that their product is bringing them, after the living expenses, what should one do with it? Just spend it all on themselves and their family? This is where Carnegie’s three modes come into play.
The first mode that Carnegie describes is “it can be left to the families of the decedents”. Even though, this is what most people do with their wealth, Carnegie think’s that “if this is done by affection, is it not misguided affection”. The reason why this is describes as misguided affection is because it gives them the wrong types of responsibilities. Anyone can posses money, but again going back to the law of competition, being given all that money does not teach one on how to outwork someone else. It just gives them a sense that the money is there because the money is there.
The second mode that Carnegie describes is “it can be bequeathed for public purposes”. Carnegie describes these men as “men who would not have left it at all, had they been able to take it with them”. He describes them as this because in the case he was talking about, people leave all the money behind for public use when they are about to pass away. When they were alive and well, they had no intensions on passing the money onto the public, they do it now because they don’t have another option.
The last mode which Carnegie believes is the best option is “in which the surplus of wealth of the few will become, in the best sense, the property of many”. Carnegie believes this is the best solution possible because “it is administered to the common good”. This means that with the wealth of someone really power, more people will be able to do good with the wealth as it will be spread out in the world. If it is not spread out amongst the world, the public can decide on what to do with the large sum of wealth.
Carnegie thinks this is best option for what society should believe in. He thinks that holding on to money for yourself and not giving the chance to help others is not the “true Gospel concerning Wealth”. It really makes the reader read with both eyes open because Carnegie talks about the best way in which to dispose of wealth. Not only the best way, but why the other ways in which society believes in has a detrimental affect onto mankind. Carnegie also believes that building wealth comes from the law of competition and that one needs the law of competition to be able to posses wealth. It allows the reader to decide what they can do to help the world become a better place. Carnegie gave his reasoning on which mode he thinks is best and now it is society’s job to either follow or to come up with a better plan in which everyone has a chance to succeed.
A good tax system should adhere to certain principles which becomes its characteristics. A good tax system is there for based on some principle. Adam smith has formulated four important principle of taxation. These principles which a good tax system should follow are called as canons of tax.
Get original essayCanon of Equality
The word equity here does not imply that everybody should pay the correct, meet measure of duty. What fairness truly implies here is that the rich individuals should make good on greater government expenses and the poor save money. This is on the grounds that the measure of duty ought to be in extent to the capacities of the citizen. It is one of the principal ideas to get social fairness the nation. The standard of uniformity expresses that there ought to be equity, as equity, with regards to making good on government expenses. Not exclusively does it bring social equity, it is likewise one of the essential means for achieving the equivalent dissemination of riches in an economy.
Canon of Certainty
The citizens ought to be very much aware of the reason, sum and way of the duty installment. Everything ought to be clarified, straightforward and sure beyond a shadow of a doubt to assist the citizen. The standard of sureness is viewed as an imperative direction manage with regards to figuring the expense laws and strategies in a nation. The ordinance of conviction guarantees that the citizen ought to have full information about his duty installment, which incorporates the sum to be paid, the mode it ought to be paid in and the due-date. It is trusted that if the group of assurance is absent, it prompts tax avoidance. The application of this principle is beneficial to both government and tax payer.
Canon of Convinces
According to this canon the time and way of installment must be helpful for the citizen with the goal that he can make good on his government expenses in due time. On the off chance that the time and way of the installment isn't helpful, at that point it might prompt tax avoidance and defilement.
Canon of Economy
The entire motivation behind gathering charges is to produce income for the organization. This income, in turn, is spent on open welfare ventures. Every tax has a cost of collection. The canon of economy implies that the cost of tax collection should be minimum.
In the said case, writ petition and appeals were filed challenging the constitutional validity of twin conditions for granting bail u/s Section 45 of the Prevention of Money Laundering Act, 2002. Section 45(1) imposes ‘two conditions’ for grant of bail where an offence punishable for a term of imprisonment of more than 3 years under ‘Part A of the Schedule’ to the Act is involved. The conditions are that the:-(i) Public Prosecutor must be given an opportunity to oppose any application for release on bail and the Court must be satisfied (ii) where the Public Prosecutor opposes the application, that there are reasonable grounds for believing that the accused is not guilty of such offence, and that he is not likely to commit any offence while on bail.
Get original essayWhether the aforesaid twin conditions are manifestly arbitrary, discriminatory and violative of fundamental rights enshrined under Article 14 and 21 of the Constitution?
According to Senior Advocate and Former Attorney General for India Mr. Mukul Rohtagi, putting ‘Part B offences’ together with heinous offences in ‘Part A’ would amount to treating unequals equally and would be discriminatory, arbitrary and thus violative of Article 14 and 21 of the Constitution. A person will be punished for an offence contained under the PML Act, 2002, but will be denied bail because of a predicate offence which is contained in Part A of the schedule rendering Section 45(1) as manifestly arbitrary and unreasonable. The threshold of three years and above stipulated as a condition in Section 45(1) of the PML Act is discriminatory and manifestly arbitrary and therefore violative of Article 14 of the Constitution of India. Such classification resulted in anomalous situations where a person was being prosecuted for an offence under the PMLA, but he was being denied bail because of the Impugned Conditions.
Furthermore, a person accused of such Scheduled Offence could on one hand be enlarged on anticipatory bail in case of charges under the Indian Penal Code 1860 but a person arrested for such Scheduled Offence pursuant to a charge under the PMLA could only secure bail subject to the satisfaction of the Impugned Conditions. The twin conditions are unfair, unjust and against Article 21 of the Constitution on India (i.e. the right to life and personal liberty), inasmuch as they required the accused to disclose their defence at the stage of arrest itself.
The Supreme Court struck down the aforesaid twin on the ground that it violated Article 14 and Article 21 of the Constitution of India, i.e. provisions which protect the constitutional right to equality and the right to life and personal liberty, and it directed all the petitions (arising from bail applications) to be remanded to the respective courts to be heard and decided on merits, without the application of the additional conditions contained in Section 45(1) of the PMLA.
The judgment of the Hon’ble Supreme Court in the aforesaid Case on the aspect of constitutional validity of twin conditions for granting bail raises questions on similar provisions which exists in other statutes particularly dealing with economic offences. While the judgment in the present case is very significant. The inconsistencies in the scope and applicability of the pre-bail conditions under the PMLA made out a very strong case for striking down such Conditions. Given the (mis)scheme of the Scheduled Offences under the PML Act, it was palpable that the Supreme Court could not have arrived at any other conclusion. Whether an economic offence, such as money laundering, demanded stringent/drastic conditions such as the Impugned Conditions and whether the rights of an individual could be curtailed by the state in the case of such economic offence, still remains to be answered. Therefore, the justiciability of the pre-bail conditions such as the Impugned Conditions, in the case of economic offences, has not been addressed by the Supreme Court in the aforesaid Case. Section 212(6), provides restrictions similar to the Impugned Conditions, in case of persons accused of fraud with respect to the affairs of a company. If the constitutional validity was to be tested only on the ground that they are inherently ‘arbitrary’ and ‘unreasonable’, it is most unlikely that such a challenge would be upheld by the Apex Court, given the fact that it has already been acknowledged by the Supreme Court in the case of Rohit Tondon v. Enforcement Directorate that the “economic offences need to be viewed seriously and considered as grave offences affecting the economy of the country and thereby posing serious threat to the financial health of the country”.
Therefore, the legality and justifiability of the pre-bail conditions (similar to the Conditions given under PMLA) in the case of economic offences is still ‘elusive’ and awaits judicial clarification.
The case study conducted by Teresita T. Rungduin and Zenaida Q. Reyes titled “The Filipino Learner: A Socio-emotional Perspective” takes the form of an illustrative case study because it was structured to explain and describe what distinct Filipino characteristics Filipino learners aged 4 to 16 years old have acquired with regards to their social and emotional dimensions. It has provided important details supporting the given topic based on observations, interviews, and surveys with the involvement of parents, teachers, and students involved in the study. The main parts of the study about Filipino learners characteristics is analysed in the essay, namely: introduction, background of the study and general conclusions.
Get original essayThe importance of education has been ingrained in the Filipino culture and as Filipinos strive to compete academically and professionally with foreign races, the need to achieve relevance and uniformity with their educational system is constantly emphasized. However, despite this move to claim a spot in the global arena, Filipino learners still carry distinct characteristics that they develop as they progress through their academic life which only means that Filipino values remain unshaken. With this, a case study conducted by Teresita T. Rungduin and Zenaida Q. Reyes titled the Filipino learner: A Socio-emotional perspective has directed the focal point of developmental study to Filipino learners from different levels and elaborated the specific social and emotional characteristics they have developed as a result of their interaction with their environment through their years of schooling. These characteristics are distinctively Filipino-based, namely “pagka-magiliw,”“masigasig,”“malikhain”,”maalalahanin,” “magalang,”“matatag,” and more. Social-emotional development tackles two perspectives that both dive into the interpersonal and intrapersonal processes of a person. It includes the person’s extent of emotions and expressions as well as his or her personal way of establishing and managing relationships.
Filipino learners from different levels display varied yet connected patterns of behavior, starting from basic understanding of their surroundings to complex comprehension of their identity and the community they belong to. With the support of Erik Erikson’s psychosocial theory, it can be deduced that as a student advances in his or her academic path, the scope of his or her environment broadens as well as his or her ability to discern, and therefore manifests a more refined demeanor.
The nurture aspect of development can be extracted from this study as it clearly shows how exposure to the influence of the society can shape a student, both emotionally and socially. Furthermore, significant adults of the students, such as teachers and parents, greatly influence the direction and pace of a child’s development because they serve as role models; thus, their behaviors are often mimicked by the child. Parenting styles can also be a large factor on a child’s emotional and social well-being. Lastly, a child’s involvement with other people can strengthen his or her socializing capabilities and establish a stable emotional state.
Filipino learners have acquired social and emotional attributes that are similar to students from different parts of the globe. However, due to the evident and practiced Filipino values that stemmed from the Philippine culture, they still develop distinct Filipino characteristics which remain more dominant than the foreign influences.
Theories on development have influenced researches to further study the different factors that affect the individual learning. Many studies have investigated the unique attributes and developmental characteristics of Filipino learners in order to gather up data that show their developmental tasks and capabilities that differ due to their dissimilar educational attainment. Previously, researchers heavily focused on the topics of the learner’s nutrition, intellectual performances, school achievement, self-concept, self-esteem, and language as to understand how these concepts affect their academic performance and overall learning development. However, these aforementioned characteristics are all based on one’s intellectual prowess and intelligent quotient.
In line with this, a case study conducted by Rungduin and Reyes pointed out that the external environment that heavily influenced an individual’s behavior and development affects their social interaction and emotions that emerged from it. They argued that Filipino learners also follow developmental patterns that educational theorists posited, implying universal similarity. However, there are also distinct Filipino culture and tradition that persuade a deviation from the established norm. In order to prove these, the researchers presented a case study that reported the social and emotional components that emerged from the Filipino learner’s realities. The case study’s subjects were 4 to 16 year old students from laboratory schools located in Manila, Agusan, Cadiz, and Isabela. The students were categorized in the form of their educational attainment; the kinder and primary school learners that comprised of kinder to grade 3 students, the intermediate learners that comprised of grade 4 to 6, and high school students from grade 7 to 10. The study specifically stated that six (6) students were required per category. Furthermore, the researchers executed interviews with parents and teachers, classroom observations, and self-report of the students. Subsequently, observations of the student’s micro-behaviors were translated into developmental characteristics. These were also translated into Filipino values that possess the same quality as the latter, but differ due to the distinct cultural influence of the country.
In general, the kinder and primary school learners possess the developmental characteristic of understanding the concept of good and bad. They are able to control their impulse as observed in how they resisted the distractions made by their classmates during classroom session. They are also already capable of demonstrating positive and negative emotions, as seen by their constant yawning, talking to classmates, and tinkering with a friend’s possession to show their boredom and disinterest in the topic being discussed. They also show fondness with their classmate by affectionately touching their heads. The teacher mentioned how the kinder students show enthusiasm when participating in class activities. Emotional development (as depicted in Filipino values) that can be distinguished from these behaviors are expressing what he or she feels (“pagpapakita ng nararamdaman”), awareness of what is happening (“kamalayan sa nangyayari”), and affectionate behavior (“magiliw”) to their friends and teachers. Similar to kinder students, 1st graders also demonstrate affection and sweetness (“magiliw” and “malambing”) with their teachers and parents. The aforementioned 6 to 7 year old students also learn how to compromise with their playmates, as seen in the way they handle how they communicate their conflicting views in playtime. These facts further support the fact that the social characteristics demonstrated by the kinder and primary learners were socially acceptable behaviors that they execute in interactions with peers. Among these were acknowledgment of the different roles in activities (“may kamalayan sa role-taking”), open expression of distress (“naipapahayag ang damdamin”), awareness of other’s interests and opinions (“kamalayan sa interes at pananaw ng iba”), desire for acknowledgement and recognition from teachers and peers (“nais makilala sa kakayahan”), ability to form friendship (“magaling makisama”), and activeness in class (“aktibo sa klase”).
According to the website History.com - The First Amendment states the following: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” In the case of this question of a school district versus a school newspaper we only really care about the “press” part of the first amendment which is very similar to the speech clause of the first amendment in the way that the fact that the press has the freedom to express themselves through publication, that being said of course there are limits to the “freedom of the press” - which include false or defamatory statements and so on, which we learned in class are called libel.
Get original essayFor the First Amendment augment the school district of Har-Ber High School would have a little of a harder time using the first amendment to prove that they were right in doing what they did because they would need to prove libel against the newspaper which I’m exactly not sure if there is sufficient evidence to do so. For the most part, it seems like the consensus was that everyone was just upset about the story although it seems that everyone was also claiming the story to be “extremely divisive and disruptive” to the school, I don't think the Newspaper had intentions to hurt the school.
The newspaper could more likely use this argument of the First Amendment because it pertains more closely to them than in the way that they express themselves through what they print. The way that I see it is the newspaper in the First Amendment has the advantage in this situation because they were unnecessary trying to cause libel rather than just bring an issue to the light so that people could see what's going on it seems that the school district of Har-Ber High School just didn't like the fact that they did it and claimed it was a disruption and unnecessary.
Near v. Minnesota
According to Oyer.org the case of Near v. Minnesota was a case that involves a small local Minneapolis newspaper by the name of “The Saturday Press”. Writers or people associated with the paper by named Jay Near and Howard Guilford accused the local officials of being implicated with local gangsters (which did not set well with them). After that the public officials then sought a permanent injunction against “The Saturday Press” on the grounds that it violated the Public Nuisance Law, because what the paper wrote was seen was malicious, scandalous, and defamatory. However, the law that they provided said that any person 'engaged in the business' of regularly publishing or circulating an 'obscene, lewd, and lascivious' or a 'malicious, scandalous and defamatory' newspaper or periodical was guilty of a nuisance and could be then enjoined from further committing or maintaining the nuisance. The state Supreme Court had upheld both the temporary injunction, and the permanent injunction that eventually issued from the trial court.
Using the above Near v. Minnesota case ruling of ruling and reasoning especially the Public Nuisance Law Part like in the case above had the newspaper of tHar-Ber High School had a previous history of publishing things that could be seen as Obscene, lewd, lascivious or even malicious, scandalous, and defamatory, The school district would 100% could use this ruling to help them suspend the newspaper and inhibit their ability to print further content.
In this particular case of Near v. Minnesota the decision is very hard to apply to this instance. In Near v. Minnesota, it seemed that 'The Saturday Press'had violated the public nuisance law before, this meant that it had a history of printing material that interfered with the way society function every day - this material could've been done from stories they had written or could've even been lewd material. Where it gets tricky is we don't necessarily know the history of what the Har-Ber High School newspaper and what they have published and if it would qualify as breaking the Public Nuisance Law, this case would help the Har-Ber High School.
According to the uscourts.gov website the case of Tinker v. Des Moines was a Supreme Court case that had to do with a public school in Des Moines, Iowa, in which the students had organized a silent protest against the Vietnam War. When doing this students planned to wear black armbands to school to protest the War but the principal had found out before and told the students they would be suspended if they wore the armbands. Despite the several warning, the students chose to go head and wear the armbands and were then suspended. During their suspension, the involved students' parents had sued the school for violating their children's right to free speech. A U.S. district court sided with the school, ruling that wearing armbands could indeed disrupt learning. The students appealed the ruling to a U.S. Court of Appeals but lost and took their case all the way to the United States Supreme Court – Where it had won.
In Tinker v. Des Moines, had the case not gone to the Supreme Court in the school district could use this same logic to say that the article that the Har-Ber High School newspaper had written was disruptive to learning since it caused quite a buzz around campus and the town. However, the final ruling of this case was at the Supreme Court level in which the school District of Des Moines had lost so it would not be in the best interest for the school district to us this case when trying to prove their point.
Tinker v. Des Moines is perhaps the one of the strongest argument that the newspaper of Har-Bar High School could use, I say this because much just like the armbands that were seen as disruptive when worn – the article could also be seen as disruptive, however I think a case could be made that the article was not actually disrupting the learning environment just like the armbands weren’t. The high court agreed that students' free rights should be protected and then even said, 'Students don't shed their constitutional rights at the schoolhouse gates.' While these cases deal with two different types of issues they do have a lot of similarities that should looked at.
According to oyer.com “The Spectrum”, which was the school-sponsored newspaper of Hazelwood East High School, was written and edited by different students from campus. On May 1983, Robert E. Reynolds, the school principal, received the pages proofs for the May 13th issue and ended up not being pleased with some of them. Reynolds found two of the articles in the issue to be inappropriate to a degree, and ordered that the pages on which the articles appeared be withheld from publication. Cathy Kuhlmeier and two other former Hazelwood East students had brought the case to court.
The case of Hazelwood v. Kuhlmeier would be a strong example of how the school district of Har-Bar could win, because in the result of this case the court found that schools must be able to set high standards for student speech which means that they can in fact monitor and revise what is printed for the school newspaper, especial if it does not aline with the values of the school. In doing this the school could still give the students some type of free-speech but it would need to be watched and monitored.
This case of Hazelwood v. Kuhlmeier would not necessarily be a good case for the school newspaper to use it while arguing that they should have the right to publish the story about the football players, because this case set the precedent that schools can censor what a newspaper is saying especially if it does not aline with the schools values as well as the school could hold the newspaper to a higher standard of speech than those normal non-newspaper students.
This is a very important Act for students in Arkansas as it protects them and their free speech. That being said Section 3 and 4 are especially important and what I will mainly talking about during this argument. The sections as read as the following:
“Section 3. Student publications policies shall recognize that students may exercise their right of expression, within the framework outlined in Section 2 of this act. This right includes expression in school-sponsored publications, whether such publications are supported financially by the school or by use of school facilities, or are produced in conjunction with a class, except as provided in Section 4 of this act.
Section 4. Student publications policies shall recognize that truth, fairness, accuracy, and responsibility are essential to the practice of journalism, and that the following types of publications by students are not authorized:
This Act would be kind of useless for the school to use against the newspaper because the purpose of this act is to protect students that write for the newspapers and their free speech. However, after reading it, one section does state that each school board can set up its own regulations within this act so much as they're not overbearing. So the only way that the school could use this against the newspaper would be if the Har-Bar newspaper had broke regulations set up by the school.
This Act would actually be a good piece of information to use when arguing against the school district because the purpose of this act is to protect student organizations such as the school newspaper and their free-speech. Where this could get tricky is the rules and regulations adopted by this school board in connection to all of this. Now what that means is that each school board can set the framework for this act and if the newspaper did not specifically violate this framework then there's not a lot of school board can do just because the text for the article was disruptive, the way I read The Arkansas Student Publications Actis it's almost like a contract between the school and a school newspaper, but mainly there to protect students.
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Get custom essayIn my opinion, based on everything that I have read via cases and different acts, laws, and rules especially the ones pertaining to Arkansas and similar cases and I think that the school newspaper should when able to continue to publish and run the stories that they choose over the Har-Bar school district. One big deciding factor that I looked at was the Tinker v. Des Moines, and I only say that because the armbands were seen as a distraction which many people within the school district and the people who oppose the news story say that the newspaper was a distraction however these cases are kind of similar and I think that the newspaper should be allowed to publish. If nothing else one could look at The Arkansas Student Publications Act and see that while the school sets the framework up the actual newspaper should still have a big say in what happens as this is their freedom of speech, The newspaper did not mean any kind of harm or defamation in publishing so I really would have to say that this article is fair game and my final ruling is in favor of the school newspaper.
Over the previous century, there have been associations and gatherings who have been framed in different nations to push for an alternate supposition in different nations. The distinctions that are battled by the gatherings and developments incorporate political religious just as social. A huge gathering that has been set up in the course of recent decades is Isis. The terrorist militant association was framed as a part of al Qaeda in Iraq. The terrorist group has likewise settled ties in different pieces of the world incorporating nations in Africa like Nigeria and Libya.
Get original essayThe Islamic State conspicuous as the Islamic State of Iraq and Syria (ISIS) or the Islamic State of Iraq and the Levant (ISIL) is a dangerous Sunni Muslim dread association. As supported by Weiss, and Hassan (2016), they are the most dangerous gathering who stringently pursue and adoration firm stance jihadist belief system. They are kenned to taking impact from different gatherings, for example, granddad of all cutting edge dread association and the mysterious Muslim Brotherhood. Savageness, torment, and murder is the prizes for those neglect to pursue their extreme originations about the universe and are thus marked as heathens. As indicated by ISIS warriors, their ISIS belief system betokens virtue of the Islam according to their contenders, and it grasps the very foundations of their religion.
An examination of where ISIS gets their get mazuma to finance their association exuded from inside Iraq with just five percent radiating from outside sources. They raise assets by accumulating charges on the inhabitants of the towns and urban communities they catch and take control, kidnapping individuals and hoarding ransoms, blackmail rackets, blocking benefit assigned for the enduring Syrian and Iraqi individuals, and looting. They furthermore get a moiety of their pay from sundry expenses exacted on individuals living in those regions under their control and oil deals gives them around 40% of their pay. In coordination to this oil income, they furthermore do the coal black market of selling archeological things which gains them a huge number of dollars. These things exchanged by ISIS have gone far from Iraq and Syria to sell structures in different nations, for example, Europe, the Cumulated States, and Asia. The old curios are not effortlessly followed when carried crosswise over fringes since it regularly changes hands on various occasions and they come through unidentifiable administrative work. As per master's implication, for example, this in a time of contention demonstrates that the vast majority of these imported luxurious things are unlawful to exchange. ISIS dependably take this business genuinely as though it is a well-run business by tracking its accounts and every year discharge reports similarly as they did in 2012.
Jihads grew quickly in Iraq following the 2003 U.S. interruption of the country. In 2004, a standout amongst the most sizably voluminous jihadists bundles kenned as Jamaat al-Tawhid and Jihad. The common war in Syria has ended up being a benefit for the gathering. At first, it offered profit to Syrian jihadist gatherings, yet in the discontinuance, it ended up being direct connected with the doing combating and is presently perhaps the most grounded single jihadist a mass working in Syria. Its tasks in Syria have made it change its name to the Islamic State in Iraq and the Levant, generally called ISIL or ISIS. Despite its activities in Syria, ISIS continues driving mental aggressor strikes in Iraq and has a structure of refined dread predicated oppressor operators. The present taking of Mosul, Iraq's second most sizably voluminous city showed the gathering's fiery and creating guerilla competency. They will use both their mental oppressor and guerilla resources in their main goal to make an Islamic state.
Isis presently controls or can work with the exclusion in an unprecedented extend of a territory in western Iraq and eastern Syria, making it militarily the best jihadi improvement ever. While its right size is amorphous, the gathering is thought to join a cosmically tremendous number of contenders. The last 's' of 'Isis' starts from the Arabic word 'al-Sham', which means Levant, Syria or now and again Damascus, dependent upon the conditions. The proceeded with improvement of a sort of proto-Caliphate by absurd jihadis in northern Syria and Iraq is instigating fears in enveloping countries, for instance, Jordan, Saudi Arabia and Turkey that they will advance toward getting to be focal points of battle set Sunni contenders. Various organizations are by and by attempting to turn away their inhabitants from joining the fight. Regardless, paying little mind to whether remote entrances have moderated, many mistreated Sunnis over the region have focused on ISIL's call. Thomas Sanderson at the Center for Strategic and International Studies verbally communicated financing sources join 'refining, shipment, trade, storerooms and offers of routine rigging.' He incorporated that pay in like manner begins from 'kidnapping, robbery of antiquities, shakedown from truckers and duty hoard of neighborhood people.'
ISIS's positive objective is to make a bound together, A Muslim zone with a downright ultimate objective to authorize its extreme feelings. ISIS supplemental trusts it will propose a urgent part in a moving toward end of the world, and its activities, all things considered, get from that conviction. The essential impact of the goal was by Abu Bakr al-Baghdadi when he declared the nearness of a 'caliphate' under his control. In a general sense, a caliphate is a standard Muslim sort of routine, wherein the pioneer or 'caliph' is seen as a political and religious successor to the Prophet Muhammad as per Chengu (2015). At the present time, as the abbreviation ISIS proposes, the Islamic State's caliphate is thought to consolidate a couple of urban networks transversely over northern Iraq and Syria. There genuinely does not have every one of the reserves of being a push to state certain urban zones or hallowed goals, to some degree ISIS got whatever they could. Truly, it is fascinating that ISIS and the Kurds did not fight in Iraq until lovely as of late. While at first firmly associated with Al-Qaeda, the IS has demonstrated itself to be an unmistakable wonder of ghastliness — more hazardous than Al-Qaeda. The gathering basically settled itself in the unstable Middle East yet has invaded numerous pieces of the world with the point of growing Islam's Holy War. What surely makes the IS not the same as its ancestors is that the gathering has been named the wealthiest psychological militant gathering on the planet today. By the fall of 2015, IS produced a yearly salary of US$2.4 billion. The inquiry for some, experts watching the circumstance in Syria is: the place does the IS gets its cash? The point of this article is to basically watch the idea of IS and its financing prerequisites and the measures sought after in diminishing the gathering's subsidizing.
Besides, ISIS other objective is to make saints. That is the reason they fight losing battles, send suicide air ship, and make all these execution chronicles. Outwardly seen through destitute individuals, mistreated Sunnis of northern Iraq and eastern Syria, these exhibitions look less homogeneous to self-assertive previews of disorder and violence, yet progressively homogeneous to a kin or sibling giving the west and their oppressors a word that they gain from the passings. Adventitiously review that there is an impressive proportion of 'good' things about transforming into a holy person in Islam. Thusly to induce that is truly one of ISIS sizably voluminous goals whole deal. It is in like manner noticeable that the consideration on anguish and not as much as basic strikes dissevers between the ISIS and Al-Qaeda. ISIS has ended up being productive in the area by hypothesizing control, for all intents and purposes in a pioneer sort of way, city by city. ISIS benefits to an obliged degree by proposing control crude oil workplaces in the towns that it gets. Fundamental, this 'state' is building an economy off of got oil and other villain practices that for the most part get $1 million circadian, as betokened by a couple of evaluations as per Stern, and Berger (2015).
Also, ISIS would savor spreading a radical, perfectly out of date variation of a religion that isn't even prominent as Islam. ISIS is involved Sunni Muslims, and most of the urban zones it controls are stacked with broad Sunni gatherings. Most Muslims, in excess of 90 percent recognize as Sunnis. The Sunni gathering of Islam, instead of the Shia custom, is customarily seen as the more standard group. ISIS takes this conventionalism to a preposterous level, sustaining the treatment of women and minorities as slaves and savagely slaughtering people of Western social orders and religions for jihad. ISIS' adjustment of Islam is so far removed from any gregariously recognized type of today that a couple of authorities verbally express it can't be seen as Islam. The ISIS appear that they t need the entire world to be Muslim, yet they require the world to be Muslim in a, remotely described manner,' William Beeman, the seat of the human investigations division at the University of Minnesota told a close-by CBS auxiliary. 'They are fundamentalist Muslims, and their idea of Islam is one of a kind in relation to whatever remaining parts of the Islamic world.'
The gathering uses sundry structures and strategies in selecting and pouncing upon their foes. The Islamic State has a key auspicious position over a massively goliath number of its assailant precursors; it fights using an exceptional commix of military method collaborated with radical procedures. One of them is Isis methodology is to impact an unexpected strike, apportion most extraordinary mishaps and spread fear up to pulling back without suffering considerable setbacks. Last Friday they ambushed Mosul, where their vitality is starting at now adequately strong to charge adjacent associations, from family merchandise to wireless and advancement associations. Some place in the scope of two hundred people were executed in the war, as betokened by close-by therapeutic focuses anyway the organization gives a figure of 59 dead, 21 of them cops and 38 radicals. As clarified by Hosen (2016), adventitiously, Isis works in using militarily untrained outside volunteers as suicide flying machine either continuing forward foot wearing suicide vests, or driving transports loaded down with explosives. Routinely more than one suicide plane is used, as unfolded when a transport exploded at the focal station of a Kurdish gathering, the Patriotic Cumulation of Kurdistan in the town of Jalawla in the confined and much fought about the region of Diyala, north-east of Baghdad. In disorder brought about by the effect, a minute plane by ambulating slipped into the work environment and detonated himself, causing the passings of some place in the scope of 18 people, including a senior cop.
Another procedure is the decentralization of its organization. The organization is decentralized, with nearby managers acknowledging basic self-rule empowering it to take a shot at a couple of fronts. Its substructure is directed by and large by respectably matured Iraqi men with considerable operational gaining from the Saddam Hussein-period military or from over a period of guerilla experience. A sizably voluminous number of the gathering's senior pioneers are forerunner Iraqi equipped power officials who met Islamic State supervisor Abu Bakr al-Baghdadi in the midst of his possibility kept in Camp Bucca ten years earlier. This arrangement gives ISIS a base of master preparing and experience, united with magnificent neighborhood discernment and familial ties over a wide broadness of the area. The gathering can similarly draw on a collection of verified equipment including drifts for social event knowledge, and military vehicles and weaponry. The Islamic State has moreover been represented to use grungy compound weapons consolidating rockets stacked with chlorine and mustard gas, which are truly simple to deliver. ISIS' attempt to seal the deal to enlisted people is triumph in the entirety of its structures, including the sexual kind. Consider first the colossal U.S. military and insight battle to catch or murder al Qaeda's center initiative through automaton strikes and Special Forces assaults. Approximately 75 percent of the pioneers of the center al Qaeda gathering have been executed by attacks and furnished automatons, an innovation appropriate to the assignment of following targets stowing away in rustic zones, where the danger of unintentionally murdering regular citizens is lower.
Such strategies, be that as it may, don't hold much guarantee for battling ISIS. The gathering's contenders and pioneers bunch in urban territories, where they are all around coordinated into non military personnel populaces and typically encompassed by structures, making automaton strikes and attacks a lot harder to complete. What's more, essentially murdering ISIS' pioneers would not injure the association. They administer a working pseudo-state with a complex managerial structure. At the highest point of the military order is the emirate, which comprises of Baghdadi and two delegates, both of whom once in the past filled in as commanders in the Saddam-period Iraqi armed force: Abu Ali al-Anbari, who controls ISIS' activities in Syria, and Abu Muslim al-Turkmani, who controls tasks in Iraq. ISIS' regular citizen organization is administered by 12 directors who oversee regions in Iraq and Syria, managing committees that handle matters, for example, funds, media, and religious undertakings. In spite of the fact that it is not really the model government portrayed in ISIS' promulgation recordings, this pseudo-state would continue capably without Baghdadi or his nearest lieutenants.
Basically, the outstandingly sorted out and easily recorded cursed things that have transformed into the ISIS trademark can contact a massive group, which empowers the gathering to spread dread long ways past its genuine limits. Extensively shared by means of electronic systems administration media, these imprint execution chronicles are convincing as intentional attention just as have shown a beneficial enrolling gadget. The films have shown sitting tight for executions of 'unmistakable' focuses, for instance, Western detainees or mass spectaculars with numerous people being killed in logically unpleasant ways. The Islamic State is moreover fit for using web based systems administration to make blustering instances of triumph and issue basic notification of requital. After Twitter began getting serious about ISIS represents the most recent one year, activists made passing dangers against the association's then-CEO Dick Costolo and prime supporter Jack Dorsey. Tries to dissever dangers posed by attacker Islamist gatherings to the districts in which they work, rather than the world all over the place, are without a doubt conceivable, and imperative. As saw with the Obama association's early danger evaluation of ISIS, it can betoken the differentiation among lethargy and intervention. Regardless, such undertakings are characteristically imperfect, not in light of the fact that understanding the close-by settings of Islamist dissident bundles isn't basic. However rather in light of the fact that survey such gatherings beginning at either neighborhood or ecumenical criticalness is certainly the incorrect way to deal with methodology the test. Therefore fear monger gatherings like ISIS constantly plan and act in regards to both close-by and ecumenical want or, in the verbalization of the 'careful jihad' they trust they are seeking after, their targets are both 'close enemies' (maverick Muslim rulers) and 'far foes' (the unbelievers that benefit them). While some in Congress elsewhere still trust ISIS is an encompassed issue of little stress to the Coalesced States, the unfortunately imagined truth is that ISIS really verbalizes with an unsafe early part in the ecumenical war being sought after by Al Qaeda and its backup and boosted gatherings and an undeniable danger to the U.S. nation. As far back as the Taliban routine in Afghanistan was preoccupied in late 2001, the inside Al Qaeda total built up by Osama has been without formal preparing camps and workplaces. This has obliged the sodality to depend progressively on enrolled individuals and infantry arranged under not as much as perfect conditions; a portion of the time right finished the Internet. Various mental persecution masters trust the distinctive 'close ambushes' against the Coalesced States over the span of late years, for instance, in Times Square in May 2010, and on inbound payload transporters in late 2010. The assaults are generally signs that while the sodality isn't deficient in 'sum' of potential volunteers, they don't have the ability to feasibly get ready 'quality' infantry to satisfactorily do considerable attacks. Notwithstanding, regardless of the origination of a delineated danger to the nation, the psychological oppressor gathering can present tremendously titanic dangers in sundry ways. One of the impressive dangers that ISIS stances are that it starting at now controls an enormously epic number of square miles of the ungoverned area, and it is separating uncommonly lively warriors from wherever all through the world. This surge of contenders, close by the open space required by ISIS commandants to officially set them up, offers the gathering an ability to imaginatively come up with and prosperously do vital strikes, including against the Amalgamated States clarify Johnson, et al (2016).
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Get custom essayFinally, the Isis epidemic has been built up throughout the most recent couple of decades and as of late has extended to different pieces of the world; the psychological oppressor gathering has set up different connections in various nations where they have supporters. The noteworthy impact that the gathering utilizes on the supporters is the religious contentions. The endeavor to make saints is one of the critical angles that make them gain adherents from various areas on the planet since the devotees accept that on the off chance that they kick the bucket during the war, they will go to paradise. Also, the impact of their pioneer whom they take as their wellspring of direction makes the association to become more grounded and more grounded in the day in day out. The gathering has presented dangers to different countries on the planet, significantly the United States. In their assaults in the objective nations, the gathering utilizes different strategies incorporate suicide aircraft and shock assaults. In this manner the association is acting like a harmony danger in practically all nations on the planet.
Hollywood experienced a drastic change in the late 1960s, Hollywood had its revolution on film production process and administration, filmmaking style and techniques as well as themes of movies. Those changes had pushed Hollywood the widely recognized era called “New Hollywood” or “Hollywood Renaissance”. Four crucial contributing factors had acted as the pushing forces to revolutionize Hollywood in 1960s, namely economic force, societal force, aesthetic force, and industry force. The Graduate (Nichols 1967), as a typical “New Hollywood” movie, reflected the development in relation to those factors. This paper will investigate the changes of Hollywood in 1960s with respect to The Graduate. Drawing on The Graduate as the example, this paper is going to discuss the impacts of economic force, societal force, aesthetic force and industry force on the development of “Hollywood Renaissance”.
Get original essayIn the 1960s, Hollywood had encountered a financial crisis that it was on edge to bankruptcy. Hollywood was facing drops in sales tickets and the audience was turning to television. Television transformed the enjoyment of media entertainment to a more convenient and family-friendly way. According to Casper (2011), the weekly attendance of movie-goers dropped from 44 million in 1963 to about 17 to 18 million between 1968 and 1970. In order to attract audience back to the cinema, Hollywood, on one hand, produced films for a variety of specialized target audiences; on the other hand, Hollywood invested considerable funds to produce huge production films. The heavily invested movie The Sound of Music (1965) hit a huge success which provided a false projection regarding huge production films. Filmmakers were lured into producing huge production films. Similar musicals produced after The Sound of Music such as Dr. Dolittle and Star! (Wise, 1968) resulted in great losses, the amounts were up to $11 million and $15 million respectively. Not to mention, the foreign films, mainly from Europe and the United Kingdom, attracted public attention in America that further reduce the source of revenue of Hollywood. Although the losses were partly compensated by the sale of films to television, the gaining of profit halt after television companies started to produce their own programs. All the above factors contributed to the financial issue of Hollywood in 1960s and Hollywood almost collapsed.
However, the breakdown of Hollywood had urged itself to search for a new and secure way to earn profits. The new direction of filmmaking pointed to low-cost production films such that minimize the risk of losses. Take The Graduate as an example, the production was different from classical Hollywood movies, it only cost $3 million. The risk was comparatively lower and the $49 million revenue of the movie was encouraging. Then, low-cost of production became one of the symbols of “New Hollywood” movies.
The financial crisis did bother Hollywood, but Hollywood had figured out a new way to secure the industry and its future. The diversified production strategy turned Hollywood into a more healthy and sustainable industry.
In the 1960s, youth culture had an essential impact on Hollywood movies, especially on the themes of movies. By the decade of the 1960s, baby boomers in America had become teenagers and adolescents. The number of youth increased from 24 million in 1960 to 35.5 million in 1970, they accounted for 17.5 percent of the total population. Since considerable of the audience, especially middle-aged Americans, had opted for television for entertainment, the baby boomers were seen as a new source of audience and profit.
To appeal to these “New Audience”, Hollywood films altered to comply with the taste of youngsters. The typical features in the movies which generated resonance among the youth were the feeling of isolation and rebellious action. The baby-boomers who mostly came from a wealthy background were reluctant to accept the corrupted middle-class society. They were more self-conscious and pursued truth and beauty. Therefore, these baby-boomers found themselves hard to become someone like their parents or the older generation and confused about their future. This collective sense of alienation and confusion has reflected in movies targeted on teens. For instance, in The Graduate, in the graduation celebration party of the male protagonist Benjamin, a guest recommends Benjamin to get into the plastic industry. The 'plastic' symbolized the prosperous but unreal and corrupted life of the upper-middle-class. Benjamin’s hesitant to the suggestion mirrors his unwillingness to such a future. As discussed in Benjamin and his father’s conversation regarding Benjamin’s future, Benjamin states that he wants a different one. Another scene about Benjamin’s Birthday party also drawn attention to the youth alienation. Benjamin is forced to put on a wetsuit to perform in a swimming pool. The wetsuit played as an insulator that blocks Benjamin from the outside world. He can only hear the sound produced by himself and this shows his inner feeling of alienation. The isolation in Benjamin’s life echoed with the life of many other baby-boomers. Thus, the movie caught the eyeballs of the adolescent at that time.
Apart from the theme of isolation, the sense of rebellious also ebbed in the young generation in the 1960s. According to King (2002), the social upheavals at that time challenged the values of freedom and democracy. To the youngster in 1960s, these values just became the sugarcoat of misconduct, hypocrisy, and indifference of the established authority. They desired the truth. They cared about minority rights such as female rights and devoted in an anti-war protest such as the protest for halting Vietnam war as they wanted to realize those values. However, the established order was contradicting to their pursuit. Therefore, they became rebellious and requested changes. With the rise of this collective sentiment, Hollywood movies responded by inserted themes of rebellion, which also found in The Graduate. The most obvious rebellious action reflected in The Graduate is Benjamin taking the female protagonist Elaine to escape her wedding ceremony. This can be perceived as Benjamin's challenge to the older generations since Elaine’s marriage is arranged and manipulated by her parents to some extent. The protagonists acted in a way that the youth opt for, appreciate and support. Apart from the reluctance to embrace established authority and power, The Graduate also involves the theme of female sexuality which was one of the major concerns of the youth in the 1960s. Female sexuality was suppressed by society at that time. The challenge of suppression of female sexuality can be taken as the questioning of established order too. Although Mrs. Robison, who seduced Benjamin into a love affair, took a morally questionable way to liberate herself from patriarchy power and satisfy her sexuality, the film drew attention to female right and sexuality that conforms to the interest of adolescent and teenagers.
The themes of isolation and rebellion were adopted in many films during the “Hollywood Renaissance”. They became the sell-point of the movies. The film producers intended to present what the youngsters wanted to see and desired. Such strategy won a huge success and revived the dying industry.
In the 1960s, the American audience was fond of foreign films such as British films and European films and this trend urged Hollywood to advance their filming style. The foreign movies were highly innovative under several film “revolution” such as Italian Neorealism and The French New Wave. Under these movements, foreign films tended to explore new themes and filming techniques such as editing and visual style. This wave also hit the young directors in Hollywood since they want more say in film production instead of playing the role of puppets of the money men. More importantly, the investors of the film also realized the growing public interest found in foreign films. This enables more rooms for directors to carry out experiments on filming.
The employment of the protagonist point of view to reflect the mood was one of the filming styles that learned from foreign films. According to Monaco (1993), such practice was recognized as self-consciously artistic visual design in Germany 1920s, yet such filming style was not appreciated until 1960s. The Graduate was one of many 1960s Hollywood films that recognized such style, the cinematographer Surtees attached a camera to Benjamin’s car to film Benjamin’s driving in the Los Angeles’s streets from the actor’s point of view.
Another filming technique that inspired by foreign movies was the utilization of very long lenses in filming Benjamin (Monaco, 2003). Benjamin’s floating in the swimming pool was the typical scene that employed long lenses. The very long focal length enabled the lonely and isolated atmosphere to surround Benjamin. This visual design reinforced the theme of the movie.
Other than cinematography, editing style in Hollywood movies has also innovated by the inspiration of the movements. The transition of Benjamin drifting in the pool to Benjamin lying on Mrs. Robison’s body in The Graduate was widely discussed. With reference to Monaco (2003), the transition between the scenes was very smooth and he suggested that the associational montage strengthened the sentiment of loneliness, isolation, and ambivalence.
In addition, character design in Hollywood films also encountered a breakthrough. Casper (2011) suggested that the classical “hero vs villain” dialectic vanished gradually in 1960s Hollywood films. Evil and beauty coexist in the characters. For instance, the male protagonist Benjamin in The Graduate is easily seduced by a married woman into a love affair although he knows it is morally unacceptable. It is the evil inside him which drag him into this situation. The “villain” he needs to defeat lives inside his soul, and he saves himself by his courage to pursue true love - Elaine. By reflecting both the good and bad sides of the character in the movie, the character seemed more realistic and complex like a human in real life.
The influence of foreign films on Hollywood in 1960s was strong and the multiple movements in the European film industry spread to Hollywood. This provided the foundation and pushed Hollywood to advance their film productions in multiple aspects like cinematography and editing.
In the 1960s, Hollywood faced drastic changed in the film production system, the vertically integrated studio system collapsed. The factory-like system allowed Hollywood to have control over film production, distribution, and exhibition. Small production entities were difficult to enter film market in America. Therefore, Hollywood was sued by the Federal for monopolizing the film market. Since then, major Hollywood corporations like Warner Brothers, Universal and Paramount had to end the system.
The evaporation of system paved the way to the rise of independent productions. At that time, as suggested by King (2002), over 50 percent of films were either produced outside the studio, co-products or foreign pickups. The Hollywood studio had transformed from film production hub to administrative centers which studios assisted independent producers in financing. Young talented young directors were able to get rid of the interruption of film investors during the production. They had more freedom to adopt any style they wanted to use and any themes they wanted to discuss. This unleashed the creativity and power of film producers. The Graduate was a successful example of independent production. According to Cinephilia & Beyond, the director Nichols employed his power to reject the screenplay written by famous writer Calder Willingham and hired Buck Henry the comedy writer. Besides, Nichols allowed the cinematographer Surtees to adopt an innovative approach in filmmaking. Nichols had huge power to in charge of the film production of The Graduate which was the gift and fortune offered by the “Hollywood Renaissance”.
The non-traditional and creative way of film production made huge success and filmmaking no longer confined to the studio system. The power and influence of directors witnessed a rise in the 1960s.
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Get custom essayHollywood in 1960s experienced multiple changes, the economic, societal, aesthetic and industry forces at that time triggered transformations in film production such as production process and administration, filming styles and techniques as well as themes of the movies. The breakthroughs in these areas promoted the advancement of Hollywood. In the thriving of “Hollywood Renaissance”, Hollywood made history in the 1960s.
A guardian is a person who is appointed to look after another person or his property. He or she assumes the care and protection of the person for whom he/she is appointed the guardian.
Get original essayThe guardian takes all legal decisions on behalf of the person and the property of the ward. The occasion for taking care of another person may be his minority that is, a person who has not completed 18 years of age. It can also refer to guardianship of a person who because of physical and mental deficiencies is unable to take care of himself or his property. From early times, the condition of minority has been the ground for appointment of guardians in all societies. This is due to the fact that a minor person is considered unfit to take decisions for himself, which can be binding on him as regards others. Therefore, a minor person is treated in law as incompetent to enter into contract with a person who is an adult. In all matters therefore, a minor has also been considered unfit to represent himself except through his guardian. A guardian takes decision on behalf of the minor for protecting the interests of the minor and his property.
Due to the concept of joint families where a child without parents is taken care of by the head of the joint family therefore no specific laws were required regarding the guardianship but in the modern times the concept of guardianship has changed from the paternal power to the idea of protection. It was during the British regime that the Law of Guardianship was finally developed and the Hindu Minority and Guardianship Act, 1956 codifies the laws regarding minority and guardianship with the welfare of the child at the core. The Hindu Minority and Guardianship Act was established in 1956 as part of the Hindu Code Bills, the other three important acts that were also created during this time are the Hindu Marriage Act (1955), the Hindu Succession Act (1956), and the Hindu Adoptions and Maintenance Act (1956). All of these acts were put forth under the leadership of Jawaharlal Nehru who wished to modernize the then current Hindu legal tradition. The Hindu Minority and Guardianship Act of 1956 was meant to enhance the Guardians and Wards Act of 1890, not serve as its replacement. This act specifically serves to define guardianship relationships between adults and minors, as well as between people of all ages and their respective property.
The Hindu Minority and Guardianship Act delineates the policies regarding minorities according to Indian Hindu personal law. It came to be established after this that the father of a child is the natural guardian of the child and after his death, the mother becomes the natural guardian of the minor child or the children. It was also during this time that Testamentary guardianship was for the first time introduced in Hindu Law. It was so accepted and exercised by the courts that the supreme guardianship of the minor children is vested in the State as parens patriae. Latin, Parent of the country.] A doctrine that grants the inherent power and authority of the state to protect persons who are legally unable to act on their own behalf.
The Hindu law of guardianship of minor children has been codified and reformed by the Hindu Minority and Guardianship Act, 1956. The Act is an extension of the Guardians and Wards Act, 1890 but not a substitution. The primary object behind the central legislation is to define the relationship between the guardian and the minor and to standardize the law guardianship under Hindu law. This Act extends to all of India with the exception of the state of Jammu and Kashmir. Any former law that is inconsistent with this law is declared legally void. This law supersedes all other relevant laws. This Act applies to all Hindus, meaning those who belong to the Hindu religion or any of its developmental forms. Both legitimate and illegitimate minors who have at least one parent that meets the stipulations outlined above fall under the jurisdiction of this Act. According to the Act, the person who has not attained the age of eighteen years is a ‘minor’.
Classical Hindu law did not contain principles dealing with guardianship and custody of children. In the Joint Hindu Family, the Karta was responsible for the overall control of all dependents and management of their property, and therefore specific legal rules dealing with guardianship and custody were not thought to be necessary. However, in modern statutory Hindu law, the Hindu Minority and Guardianship Act, 1956 provides that the father is the natural guardian of a minor, and after him, it is the mother. Section 6(a) of the HMGA provides that: In case of a minor boy or unmarried minor girl, the natural guardian is the father, and after him, the mother; and that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother.
The Guardians and Wards Act, 1890 is a secular law regulating questions of guardianship and custody for all children in India, whereas the Hindu Minority and Guardianship Act, 1956 codifies Hindu law on custody and guardianship. The HMGA and the personal laws act in supplement to the GWA by laying down the substantive law with respect to guardianship and custody, whereas the GWA lays down the procedure for applying to courts to appoint a guardian for a minor.
The subject may be discussed under the following heads: (i) Guardianship of person of minors, (ii) Guardianship of the property of minors, and (iii) De facto guardians, and (iv) guardians by affinity:
Minor Children – Under Sec. 4(b), a minor is that person who has not yet attained or reached the age of 18 years or someone who requires protection, for eg. a child who is not physically and intellectually perfect and also doesn’t have the understanding of the daily functioning of the world. In the concept under the present law, the welfare of the child amounts to both physical as well as moral well being of the child and thus the guardians exist essentially to satisfy these needs of the child. Guardian is one who has the care of either the person or his/her property or both of person and property, In modern law guardians are essentially for the protection and care of the child and to look after its both physical and moral welfare. i.e. the welfare of the child is of paramount consideration. Guardians may be of the following types:
There are two other types of guardians, existing under Hindu law, de facto guardians, and guardians by affinity.
Natural Guardians: under the Hindu law, there are only three types of natural guardians. They are the father, the mother and the husband.
The Father - Section 19 of the Guardians and Wards Act, 1890 states that the "Father is the natural guardian of his minor legitimate children, sons and daughters." It also states that the father cannot be deprived of this right until and unless he is declared unfit for the same. Under Sec. 13 of the Hindu Minority and Guardianship Act which lays down that the welfare and well being of the minor is of utmost importance, whereas the father’s right of guardianship comes on a subordinate level. It is so stated in the act that the position of the adopted children is at par with that of the natural born child.
Even if the father neglects to look after, or to discharge his obligations towards, the minor, or refuses to act natural guardian, the mother cannot be the natural guardian of the minor so long as the father is alive as stated in the case of Sundara Murthy v. Shanmuga Nadar[1] and Ramachandra v. Annapoorni[2].
The Mother – the mother is the natural guardian of her minor legitimate child/children only if the father is dead or otherwise declared unfit, but she is the natural guardian of her minor illegitimate child even if the father is alive and perfectly fit. The position of a mother’s guardianship of her adoptive child is the same as her natural born child/children. Provision to Section 6, clause (a) of the Hindu Minority and Guardianship Act lays down that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother. Thus, mother is entitled to the custody of the child below five years, unless the welfare of the minor requires otherwise.
In the case of Gita Hariharan v. Reserve Bank of India[3], and Vandana Shiva v. Jayanta Bandhopadhaya[4], the Supreme Court of India held that under certain circumstances even during the time when the father is alive, the mother can act like a natural guardian to the child/children. The term 'after' used in Section 6(a) has been interpreted as 'in absence of' instead 'after the life-time'.
In the Gita Hariharan case, the constitutional validity of Section 6(a) was challenged as violating the guarantee of equality of sexes under Article 14 of the Constitution of India. The Supreme Court considered the import of the word after and examined whether, as per the scheme of the statute, the mother was disentitled from being a natural guardian during the lifetime of the father. The Court observed that the term after ‘must be interpreted in the light of the principle that the welfare of the minor is the paramount consideration and the constitutional mandate of equality between men and women. The Court held the term after in Section 6(a) should not be interpreted to mean after the lifetime of the father, but rather that it should be taken to mean in the absence of the father. The Court further specified that absence could be understood as temporary or otherwise or total apathy of the father towards the child or even inability of the father by reason of ailment or otherwise. Therefore, in the above specific situations, the mother could be the natural guardian even during the lifetime of the father. Section 13 of the HMGA declares that, in deciding the guardianship of a Hindu minor, the welfare of the minor shall be the paramount consideration and that no person can be appointed as guardian of a Hindu minor if the court is of the opinion that it will not be for the welfare of the minor. The following can be concluded with respect to guardianship under the HMGA. First, the father continues to have a preferential position when it comes to natural guardianship and the mother becomes a natural guardian only in exceptional circumstances, as the Supreme Court explained in Gita Hariharan. Thus, even if a mother has custody of the minor since birth and has been exclusively responsible for the care of the minor, the father can, at any time, claim custody on the basis of his superior guardianship rights. Gita Hariharan, therefore, does not adequately address the original problem in Section 6(a) of the HMGA. Second, all statutory guardianship arrangements are ultimately subject to the principle contained in Section 13 that the welfare of the minor is the paramount consideration.
In response to the stronger guardianship rights of the father, this is the only provision that a mother may use to argue for custody/guardianship in case of a dispute.[5]
In a case where the mother and father had fallen out and were living separately and the minor daughter was under the care and protection of her mother the Supreme Court held that the mother should be considered as the natural guardian of the minor girl - Jijabhai Vitharao Gajre v. Pathankhan[6].
No person shall be entitled to act as the natural guardian of the minor under the provision that either they have changed their religion or has completely renounced the world. Stepparents are not entitled to guardianship unless it is specified by court. The act does not recognise the principles of joint guardians.
The Husband – the husband is the natural guardian of his minor wife. The courts, to interpret this provision have subjected it to the welfare of a minor wife and it has been held that it is generally not in the welfare of the child that the immature minor wife to live in custody of her husband, it was spoken about in the case of Arumgo v. Viraraghava[7] & Navneet v. Purshotam[8].
The Power of Natural Guardian can be kept under two heading:
Right regarding the body of Minor – Keeping in the view of the importance of above lines the body of minor under Section 8 (i) that the natural guardian can perform all the function regarding care of the minor which are in his/her benefits.
The Power of Natural Guardian Property of Minor – Section 8 of HMGA 1956 describes the powers of a natural guardian as follows:
A guardian can do any act, subject to provisions of this section, that are necessary or are reasonable and proper for the benefit of the minor or the benefit of the minor’s estate. But the guardian, in no case, shall bind the minor by a personal covenant.
The guardian cannot, without prior permission from the court cannot:
Mortgage, charge, or transfer the immovable property of the minor by way of sale, gift, exchange, or otherwise.
Lease the immovable property for a term more than 5 years or where the lease ends one year after the minor attains majority.
Any sale of immovable property in violation of the above two points, is voidable at the insistence of the minor.
The court shall not give permission for sale of immovable property unless it is necessary or clearly in the benefit of the minor.
These powers also include the following:
A Hindu mother entitled to act as the natural guardian of her minor illegitimate children may, by will, appoint a guardian for any of them in respect of the minor's person or in respect of the minor's property or in respect of both. The guardian so appointed by will has the right to act as minor's guardian after the death of the minor's father or mother, as the case may be, and to exercise all the rights of a natural guardian under this Act to such extent and subject to restrictions, if any, as are specified in this Act and in the will. The right of the guardian so appointed by will shall, where the minor is girl, cease on her marriage.
In the case of Manik Chandra v. Ram Chandra[9] has held that the meaning of "necessity" and "advantage" of a minor are quite wide and the courts have the power to widen their scope as per the case facts before giving the permission.
As per section 12, no guardian can be appointed for the undivided interest in the joint property of the minor. However, the court may appoint a guardian for the complete joint family if required. Minor cannot the guardian of another minor: – As described in Section 10 of the Act that no minor cannot be guardian of another minor. In the case of Ibrahim v. Ibrahim, 1916, it was held the minor can be the guardian of his wife but cannot be guardian of her property.
These rights are conferred on the guardians in the interest of the minor children and therefore of each of these rights is subject to the welfare of the minor children. The natural guardians have also the obligation to maintain their minor children.
Testamentary Guardians: This form of Guardianship too came into being during the times of the British. In this particular type of Guardianship it is important and necessary for the testamentary guardian to accept 'the guardianship’. Acceptance may be express or implied. A testamentary guardian may refuse to accept the appointment or may disclaim it, but once he accepts, he cannot refuse to act or resign except with the permission of the court. Under Section 9, Hindu Minority and Guardianship Act, testamentary guardian can be appointed only by a will. The guardian of a minor girl will cease to be the guardian of her person on her marriage, and the guardianship cannot revive even if she becomes a widow while a minor.
It was father's decision to appoint testamentary guardian/s. By appointing a testamentary guardian the father could exclude the mother from her natural guardianship of the children after his death. Under the Hindu Minority and Guardianship Act, 1956, testamentary power of appointing a guardian has now been conferred on both parents. The father may appoint a testamentary guardian but if mother survives him, his testamentary appointment will be ineffective and the mother will be the natural guardian. If mother appoints testamentary guardian, her appointee will become the testamentary guardian and father's appointment will continue to be ineffective.
If mother does not appoint, father's appointee will become the guardian. It seems that a Hindu father cannot appoint a guardian. of his minor illegitimate children even when he is entitled to act as their natural guardian, as per Sec. 9(1) confers testamentary power on him in respect of legitimate children. In respect of illegitimate children, Sec. 9(4) confers such power on the mother alone.
The powers conferred to Testamentary Guardians: According to Sec. 9(5) of the Hindu Minority and Guardianship Act, the testamentary guardian has the power to exercise all the rights of the natural guardian, subject to the restrictions, if any, laid down by the will or by the Act. A testamentary guardian cannot sell minor’s property without prior permission of the court.
Guardians appointed by the Court: The guardian appointed by the court is known as certificated guardian. The appointment of a guardian by the court is regulated by the Guardians and Wards Act, 1890. The High Courts also have inherent jurisdiction to appoint guardians but this power is exercised sparingly. The Hindu Minority and Guardianship Act is supplementary to and not in derogation to Guardians and Wards Act. Under the Guardians and Wards Act, 1890, the jurisdiction is conferred on the District Court. The district court has the power to appoint or declare a guardian in respect of person or separate property of the minor. In appointing ‘a guardian’, the court takes into consideration various factors, including the age, sex, wishes of the parents and the personal law of the child. The chartered High Courts have inherent jurisdiction to appoint guardians of the person as well as the property of minor children. This power extends to the undivided interest of a co-parcener. A Hindu father or other senior coparcener of a family has no power to appoint, by will or otherwise , testamentary guardians for the coparcenary property of the minor[10].
Power of that of the Guardians appointed by the Courts / Certified Guardians: their powers are controlled by the Guardians and Wards Act, 1890. There are a very few acts which he can perform without the prior permission of the court. In the ultimate analysis his powers are co-extensive with the powers of the sovereign and he may do all those things for which he shall require the permission of the Hon’ble Court, which the sovereign has power to do. A certificated guardian from the date of his appointment is under the supervision, guidance and control of the court.
Guardianship by Affinity: this is one of those laws which existed in the pre-1956 laws. This form of Guardianship was for a minor widow. In Paras Nath v. State, Allahabad HC 1960[11], held that the father-in-law is the rightful guardian of a minor widow. However, this view has not been adopted by Nagpur HC and Madras HC and held that the welfare of the child is to be considered first before anything else.
De Facto Guardian: A de facto guardian is a person who takes continuous interest in the welfare of the minor's person or in the management and administration of his property without any authority of law. Hindu jurisprudence has all along recognized the principle that if liability is incurred by one on behalf of another in a case where it is justified, then the person, on whose behalf the liability is incurred or, at least, his property, is liable, notwithstanding the fact that no authorization was made for incurring the liability. The term 'de facto guardian' as such is not mentioned in any of the texts, but his existence has never been denied in Hindu law.
In Sriramulu[12], it was stated by J. Kanta, that Hindu law tried to find a solution out of two difficult situations:
When a Hindu child has no legal guardian, there would be no one who would handle and manage his estate in law and thus without a guardian the child would not receive any income for his property and, a person having no title could not be permitted to intermeddle with the child's estate so as to cause loss to him.
The Hindu law found a solution to this problem by according legal status to de facto guardians. A mere intermeddler is not a de facto guardian. An isolated or fugitive act of a person in regard to child's property does not make him a de facto guardian. To make a person a de facto guardian some continuous course of conduct is necessary on his part. In other words, a de facto guardian is a person who is not a legal guardian, who has no authority in law to act as such but nonetheless he himself has assumed, the management of the property of the child as though he were a guardian. De facto guardianship is a concept where past acts result in present status. The term literally means 'from that which has been done.'
The de facto guardian was recognised in Hindu law as early as 1856. The Privy Council in Hanuman Pd.[13] said that 'under Hindu law, the right of a bona fide incumbrancer, who has taken a de facto guardian a charge of land, created honestly, for the purpose of saving the estate, or for the benefit of the estate, is not affected by the want of union of the de facto with the de jure title.
Liabilities of a Guardian: since the legal position of a guardian is fiduciary, he is personally liable for breach of trust. He is not entitled to any compensation unless explicitly specified in a will.
A guardian cannot take possession of minor’s properties adversely.
Must manage the affairs prudently.
Liable to render all accounts.
If the minor, after attaining majority, discharges the guardian or reaches a settlement of account, the guardian’s liability comes to an end.
Rights of a Guardian: A guardian has a right to:
Represent the minor in litigations.
Get compensation for legal expenses from minor’s property.
Sue the minor after he attains majority to recover expenses.
Refer matters to arbitration if it is in the best interest of the minor.
Have exclusive possession of minor’s property.
Removal of a Guardian: Court has the power to remove any guardian in accordance to Sec. 13.
Ceases to be a Hindu.
Becomes hermit or ascetic.
Court can remove if it finds that it is not in the best interest of the child.
[1] AIR 1980 Mad 207
[2] AIR 1964 Ker 269
[3] JT 1999 (1) SC 524
[4] AIR 1999 SC 1149
[5] IOSR Journal Of Humanities And Social Science (IOSR-JHSS) Volume 20, Issue 7, Ver. VI (July 2015)
[6] AIR 1971 SC 315
[7] ILR (1901) 24 Mad. 255
[9] AIR 1968 MP 150
[10] Chidambaram Pillai v.Rangaswami AIR 1941 Mad 561
[11] AIR 1960 All 479
[12] Ethilulu v. Pathakal, AIR 1950 Mad. 390, Kusubai v. Chandrabhaga, AIR 1918 Nag. 100
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Get custom essay[13] (1856) 6 MIA 393