United States Declaration of Independence Essay Example for Free

United States Declaration of Independence Essay In contemplating the relation of freedom and identity, the Latin maxim libertas non datur sine veritate aptly reminds us that there can be no freedom without truth. While certain aspects of who we are, such as nationality or ethnic ancestry, may be cul? turally or serendipitously determined, there is a truth to hu? man nature which, if not observed, corrupts or destroys life and any exercise of freedom dependent upon it. Human nature and the natural law it reflects are inescapable, and, insofar as the Constitution of the United States was consciously fashioned with an outline of human nature in mind, natural law is an in? dispensable aid to proper constitutional interpretation. This essay explores the founding conception of liberty and its interrelationship with human nature. It then addresses how the Constitution reflects these aspects of human nature. Finally, it contains some concluding perspectives on aspects of human nature understated in the constitutional design and what ought to be done when there are disputing conceptions of human na? ture. I. LIBERTY The founding view of liberty was taken up directly by Ham? ilton. In Federalist 15, Hamilton asks â€Å"why,† if man1 is naturally * Caruso Family Chair and Professor of Constitutional Law, Pepperdine Uni? versity; Dean and St. Thomas More Professor, The Catholic University of America Columbus School of Law, 2001–2003; Professor and Director of the Center on Law Government at the University of Notre Dame, 1980–1999; Assistant Attorney General and Head of the Office of Legal Counsel, Department of Justice, 1985– 1989. 1. The use of the masculine in this essay is intended to include the feminine; the masculine usage is continued in the essay so as not to raise in the mind of the reader any inference that the thoughts expressed are somehow at odds with the quoted material from the founding period, which reflected a different custom in 34 Harvard Journal of Law Public Policy [Vol. 29 free,2 â€Å"has government been instituted at all? †3 Hamilton’s an? swer is blunt and rests squarely on a claim about human na? ture. Government is instituted, Hamilton asserts, â€Å"[b]ecause the passions of men will not conform to the dictates of reason and justice without constraint. †4 Liberty without restraint will not lead to private or public good. How does Hamilton know this? Well, he says, just look around; and further, if the evidence of our own eyes does not convince us and we seek something beyond this empirical claim, he urges us to draw yet another inference about human nature: It is to be expected that men in a collective or group will act badly because the â€Å"[r]egard to reputation has a less ac? tive influence. †5 Think about it, Hamilton admonishes: Liberty will be badly used if joining together obscures accountability. Moreover, â€Å"a spirit of faction† will aggravate these intrinsic human aspects, thereby magnifying the resulting harms. 6 In a group, we will ally with others of like mind in a shameless way to disadvantage or harm others. We will be inclined to use our liberty to pursue â€Å"improprieties and excesses, for which [we] would blush in a private capacity. †7 The desire for liberty to be well used, once â€Å"we the people† were united in political society, greatly motivated the Foun? ders. It will be argued below that this founding conception of liberty informed by human nature accounts for much of the constitutional structure and the express limitations upon gov? ernment power within and appended to it. The justification for the new Constitution is forthrightly anchored in the mainte? nance of human nature as the â€Å"great principle of self? preservation. †8 As such, the precondition for liberty to be used well is honoring the core principle of preserving the truth of oneself—a proposition traceable, as Federalist 43 expressly af? using the masculine pronoun alone, but which this author believes is applicable to all persons without gender distinction. 2. Note that any other presupposition is counterfactual, except to extreme be? haviorists. See, e. g. , Thomas Szasz, Against Behaviorism: A Review of B. F. Skinner’s About Behaviorism, 5 PSYCHOL. NOTES (1991), available at http://www.libertarian. co. uk/lapubs/psycn/psycn005. pdf. 3. THE FEDERALIST NO. 15, at 110 (Alexander Hamilton) (Clinton Rossiter ed. , 1961). 4. Id. 5. Id. at 111. 6. Id. 7. Id. 8. THE FEDERALIST NO. 43 (James Madison), supra note 3, at 279. No. 1] The Human Nature of Freedom and Identity 35 firms, to â€Å"the transcendent law of Nature and of Nature’s God† upon which the nation is founded and all human action de? pends. 9 The question whether identity is a limitation or starting point for freedom may be a puzzler for twenty?first century man, but it is an easier question when tossed the way of Pub? lius. The authors of The Federalist Papers knew human nature or identity to be the starting point for human freedom or liberty. II. HUMAN NATURE What is the law of nature? An early twentieth century lec? turer put matters nicely: Every living creature is the embodiment of some form of natural law. Its duration of life depends upon its obedience to the law of its nature, as embodied in its organism. It lives by being itself, by persisting in being itself, and when it vio?lates the law of the kind of being it is, it renounces life and perishes . . . . All animated beings are subject to the laws of cause and effect, as Nature has prescribed them for each species . . . . [I]n any complex organization, like human soci? ety, something must be freely granted to the individual. This is what we mean politically by â€Å"liberty. † On the other hand, something must be insisted upon for the benefit of the group. This is what we mean by â€Å"law,† in its social sense . . .. Without liberty, there is no initiative, and hence no progress. Without law, there is no survival of the group. 10 It is within the will of man to have positive law either ad? vance human nature or undermine it. It would be a mistake, however, to suppose that the constructed, positive law of soci? ety can disregard the law of nature without consequence. We can construct governments and other social structures beyond our individual natures, but these perform well only if nature’s truths are observed. â€Å"What we must never forget is that Nature never ceases to govern; and that, if men wish to govern, they must govern under Nature’s Laws, or they will be doomed to failure. †11 9. Id. 10. DAVID JAYNE HILL, HUMAN NATURE IN THE CONSTITUTION 24–25 (1926). 11. Id. at 29. 36 A. Harvard Journal of Law Public Policy [Vol. 29 Human Liberty or â€Å"Right† Derived from Assumed Duty The founding generation was studied in the dismal history of societies that sought the false freedom of governing against human nature. If one begins the history of human government with the patriarchal clan, one sees force, but little acknowl? edgment of human liberty or freedom. 12 As the clan gave way to various forms of warrior chiefs and kingships, there was a natural mindfulness of the well? being of one’s group. Several thousand years before Christ, Hammurabi’s famous legal code would describe the clan leader as a shepherd chosen â€Å"to care for the people [and cause them] to dwell in peace and security, that the great should not oppress the weak. †13 The Greeks would give a name to these assumed natural duties of care, and these in turn would later become encapsulated into the notion of rights or liberties. Rights, therefore, arose as correlatives from the reasoned objection of man’s intellect when leaders defaulted on their expected duty of care and irrationally de? prived man of the necessary goods or sustenance to survive. Stoic philosophers like Cicero would bring this conception of human right or liberty derived from duty to Rome, but, with Rome’s fall, barbarian kings once again obscured the concept of natural rights. It would not re? emerge until the American Founders decided to build a government upon human nature and its associated rights. B. Affirmation of Creation as Source of Natural Right or Liberty â€Å"When . . . the Laws of Nature and of Nature’s God entitle them, [and] a decent respect to the opinions of mankind re? quires . . . .†:14 With these words, the Founders gave explana? tion not only for the formation of a new sovereignty, but also the human liberty the newly established United States sought to advance. It was an explanation premised upon the pro? claimed truth that man is not self? creation, but created. That the handiwork of the Creator came with a conscious endow? ment of unalienable rights—life, liberty, and the pursuit of happiness—led to the conclusion that any governmental form 12. This is not to say that force within the clan was always contrary to human nature. 13. HILL, supra note 10, at 37 (quoting Hammurabi’s legal code from approximately 2250 B. C. ). 14. THE DECLARATION OF INDEPENDENCE para. 1 (U. S. 1776). No. 1] The Human Nature of Freedom and Identity 37 that followed would need to have one overriding end: to secure human nature and the rights associated with it. There is much speculation as to why America in the late Eighteenth Century was the locus of natural law rediscovery. Possibly, it was the wide sweep of land, and nature, itself, that the colonists daily inhabited and sought to harness. Perhaps it was the extraordinary discoveries of the era in natural science. Or it may simply have been that no people so distant from their country of origin could rationally continue to think of them? selves as â€Å"subjects. † American colonists were persons enjoying natural liberty. However it was, â€Å"[t]he American colonists came upon this idea in their own way . . . . It was the result of their own experience in self? government, coupled with their faith that their human nature had a Divine origin and involved a moral responsibility of which freedom was a necessary corre? late. †15 If freedom, and the new government that aspired to it, were to be guided by human nature, then that nature would need to be understood. At a very basic level, giving proper attribution to a Creator put human nature off? limits to human redefini? tion16 and secured unalienable rights against the government,17 but a workable government would require some greater identi? 15. HILL, supra note 10, at 51–52. 16. Such attempted human redefinition of truth, unfortunately, is all too common. For instance, disputes abound over what legal protection to extend to an unborn child ever since Roe v. Wade, 410 U. S. 113 (1973), but the legal dispute has absolutely no effect on the truth of the child’s humanity. So too, any association of persons can be legally called a marriage, but such domination has no effect on the truth of what marriage is in terms of conjugal unity and procreative potential. Moreover, because legal assertions have no discernible power to redefine the natural essence of these matters, man ought not to seek to have positive law and nature work toward different ends. Justice James Wilson, who signed both the Declaration of Independence and the Constitution, sagely counseled that â€Å"law can never attain either the extent or the elevation of a science, unless it be raised upon the science of man. † JAMES WILSON, Man as an Individual—Abstractly Treated, in 1 THE WORKS OF JAMES WILSON 206, 207 (James DeWitt Andrews ed. , 1896). It was obvious in the 1850s that black men and women were human. Nonetheless, the law pointedly chose to treat them inhumanly. The bloody consequences of the law’s impertinence in ignoring human nature are etched in history. 17. See Thomas L. Pangle, The Philosophic Understandings of Human Nature Informing the Constitution, in CONFRONTING THE CONSTITUTION 9, 74 (Allan Bloom ed. , 1990) (â€Å"This means . . . while the majority retains supreme political power, it does not retain and never had unlimited power. The supreme (irresistible) power governing every rational person’s behavior is the desire for self? preservation and every individual retains the inalienable right to resist perceived threats to his property and existence, no matter what the source of those threats. †). 38 Harvard Journal of Law Public Policy [Vol. 29 fication of the particulars of human nature. A few of these par? ticulars are explored below. III. MAN IS FREE, BUT NOT APART FROM OR ABOVE, SOCIETY In the Seventeenth and Eighteenth Centuries, it was under? stood that man was not intended to live alone, but in society. Of course, part of this sociability was a product of pure neces? sity. â€Å"From his beginning [man] was born into [society], and without it he could never have been. Helpless in his isolation, he could be exterminated even by swarms of insects. †18 But the yearning for community was more than a utilitarian means of defense against predatory animals or other threats to physical existence. The Founders read Aristotle and accepted his propo? sition that â€Å"man is by nature a political animal . . . . There is . . . a natural impulse in all men towards an association [with others]. †19 This natural desire, according to Aristotle, arose from two sources: reasoned reflection on right and wrong (which is only a comprehensible exercise in relation to others) and our love of others. 20 A. Jefferson: Man Has a Moral Sense Developed Out of Service to Others Thomas Jefferson most notably made reference to man’s so? cial side, observing in correspondence to John Adams that man is â€Å"an animal destined to live in society. †21 For this reason, Jef? ferson would deliberately criticize the anti? social, atomistic conceptions of Hobbes as a â€Å"humiliation to human nature. †22 Thomas Pangle records that Jefferson had derived from the Enlightenment philosopher Helvetius that we experience pleasure â€Å"when we aid or even when we seem to sacrifice for others. †23 Jefferson was not fully satisfied that Helvetius had explained the origin of the pleasure derived from the service to 18. HILL, supra note 10, at 17. 19. ARISTOTLE, THE POLITICS 10–11 (Ernest Barker trans. , 1995). 20. Id. at 106. 21. Letter from Thomas Jefferson to John Adams (Oct. 14, 1816), in 2 THE ADAMS? JEFFERSON LETTERS 492 (Lester J. Cappon ed. , 1959). 22. Letter from Thomas Jefferson to Frances Gilmer (June 7, 1816), in THE WRITINGS OF THOMAS JEFFERSON 24 (Albert Ellery Bergh ed., 1905). 23. THOMAS L. PANGLE, THE SPIRIT OF MODERN REPUBLICANISM: THE MORAL VISION OF THE AMERICAN FOUNDERS AND THE PHILOSOPHY OF LOCKE 120 (1988). No. 1] The Human Nature of Freedom and Identity 39 others and was unprepared to ascribe the origin of man’s moral sense solely to God since that would leave unaccounted for the moral sense or like sensation in a disbeliever. Therefore, on a philosophical level, Jefferson would conclude that, like other aspects of the moral sense in man, nature simply reveals the pleasure of service. 24 As he grew older, Jefferson would come to value tranquility over continued public service,25 but he would continue to lean upon the theorem that the pursuit of happi? ness was dependent upon the virtue of knowing oneself and being useful to others. The â€Å"moral instinct† that inclines us to do good out of a love of others is, Jefferson would conclude, â€Å"the brightest gem with which the human character is studded, and the want of it as more degrading than the most hideous of bodily deformities. †26 B. Wilson: Man Has Moral Sense Because He Has an Innate Conscience James Wilson would question Jefferson’s reliance upon the pleasure or utility of serving others as a sufficiently reliable ba? sis for the development of a moral sense. Unlike Jefferson, Wil? son would insist that human nature intrinsically includes not only a desire to be social and socially useful, but also a con? science. 27 Relying upon Thomas Aquinas by way of Richard Hooker, Wilson would insist that it is conscience that guides reason. 28 The first principles of virtue are self? evident to man, and, were it otherwise, most men would find the pursuit of vir? tue to be impossible and beyond their capacity. Wilson’s attachment to innate conscience contrasts with John Locke, who, in his Essay Concerning Human Understanding, opines that not even the Golden Rule is innately known. Locke is often quoted in a way that makes his writing seem highly relativistic, and certainly the statement, â€Å"[c]onscience . . . is noth? ing else, but our own Opinion,† seems to be just that. 29 Locke was obviously a stronger influence on Jefferson than on Wil? 24. See id. 25. Pangle quotes Jefferson as advising a young James Monroe that â€Å"public service and private misery [are] inseparably linked together. † Id. at 121. 26. Id. at 120. 27. Id. at 121–22. 28. JAMES WILSON, Of the General Principles of Law and Obligation, in SELECTED POLITICAL ESSAYS OF JAMES WILSON 215, 222–24 (Randolph G. Adams ed. , 1930). 29. JOHN LOCKE, AN ESSAY CONCERNING HUMAN UNDERSTANDING 70 (Peter H. Nidditch ed., 1975) (1689). 40 Harvard Journal of Law Public Policy [Vol. 29 son, as Locke’s denial of conscience as innate fits nicely with Jefferson’s proposition that men always inquire further to seek an underlying reason for a moral rule. 30 For Jefferson again, it was the utility of service that brought happiness, not following an inner voice guided by an objective, knowable virtue. Locke would similarly write that â€Å"[p]ower and riches, nay Vertue [sic] it self, are valued only as Conducing to our Happiness. †31 C. Man’s Created Nature Bridges Jefferson and Wilson But Jefferson (and Locke) may not be as far from Wilson as it first would seem. What unifies them is reference to the tran? scendent. All three concede that acknowledgment of a Creator influences man’s moral sense. Locke makes repeated reference to man’s creation, and Jefferson’s â€Å"endowed by their Creator† reference in the Declaration is well known. Nevertheless, Jef? ferson is sometimes described as a â€Å"materialist,† a term he bor?rowed from Locke, or often as a â€Å"deist. † These terms obscure more than they clarify because it was Jefferson’s concession of a Creator God that had real consequence for filling out his con? ception of human nature. As Father John Hardon, S. J. , wrote in apprising the so? called Jefferson Bible, the Life and Morals of Je? sus of Nazareth: That Jefferson believed in God is evident first from his ready acceptance of the teachings of Christ on the subject, the Lord’s Prayer, the Eight Beatitudes, the Parables of the Un?just Steward and the Ten Talents, the Sermon on the Mount—all of which presuppose a belief in the existence of God, the Creator of heaven and earth. Correlative with this goes the belief in prayer and some kind of Providence, and to that extent, at least, an acceptance of some kind of grace, requested for example in the petition, â€Å"Deliver us from evil,† in the Pater Noster. Also the Morals of Jesus allows us to conclude that Jeffer? son believed in some sort of future life, where the good are rewarded and the wicked punished. Besides the Parables of Lazarus and Dives, of the Pharisee and Publican, and the Wedding Feast, Jefferson accepted and extracted the whole discourse of Christ about the Day of Judgment, in the twenty? fifth chapter of Matthew, not excluding the classic 30. See id. at 65. 31. John Locke, Some Thoughts Concerning Education, in THE EDUCATIONAL WRITINGS OF JOHN LOCKE 109, 249 (James Axtell ed. , 1968). No. 1] The Human Nature of Freedom and Identity 41 verse 46, in which Christ foretells: â€Å"These will go into ever?lasting punishment, but the just into everlasting life. †32 What, then, of Jefferson’s self? description as a materialist in the Lockean sense? Hardon writes that it was not a denial of the spirituality of the human soul, but merely the humble con? fession that there is no human proof anchored solely in reason of the soul’s spiritual nature. 33 Hardon’s explanation is persua? sive. Even though Locke (and by extension Jefferson) was un? able to prove the imprint of a moral sense in man and questioned whether reason is naturally inclined toward seek?ing the good, as Aquinas taught, Locke nevertheless insisted on the existence of natural law, knowable only by means of the Divine creator and legislator. 34 By this, Locke meant that hu? man beings are the creation or â€Å"workmanship† of God; there? fore, they belong to God and are His property. From this declared status as created beings, a set of prescrip? tions under the natural law can be deduced. For example, the presupposition of creation allows man to deduce moral pre? cepts in support of â€Å"unalienable rights† derived out of his rela? tionship with a Creator? Owner and other created human beings. These moral precepts themselves then encourage habits of virtue, especially including Jefferson’s insight of service to others. Habits of virtue yield happiness. Disregard the presup? position of man as a created being, however, and think of man as his own self? creation living outside or above society, and the process would work in reverse: unhappiness resulting from practices of vice and self? interest unchecked by any moral sense derived from human nature. Without the public ac?knowledgment of man’s created nature, the derivation of moral sense would be impossible, because there would then be no 32. Fr. John A. Hardon, S. J. , The Jefferson Bible, AM. ECCLESIASTICAL REV. , June 1954, available at http://www. catholicculture. org/docs/doc_view. cfm? recnum? 6040. 33. See id. John Locke writes, â€Å"we do not owe our origin to ourselves . . . .† JOHN LOCKE, QUESTIONS CONCERNING THE LAW OF NATURE 161 (Robert Horowitz et al. trans. , Cornell Univ. Press 1990) (1664). Locke was sure that this is not a religious doctrine, even as such doctrines may confirm â€Å"the truth of our argument that man can, by making use of sense and reason together, arrive at knowledge of some su? preme power . . . .† Id. at 165. Locke admitted that reason may prompt some to doubt God’s existence, but he said â€Å"there exists nowhere a race so barbarous, so far removed from all humanity† that is not suited to â€Å"infer from sensible things that there exists some powerful and wise being who has jurisdiction and power over men themselves. † Id. at 165, 167. 34. See Michael P. Zuckert, Do Natural Rights Derive from Natural Law? , 20 HARV. J. L. PUB. POL’Y 695, 721 (1997). 42 Harvard Journal of Law Public Policy [Vol. 29 stable conception of human nature. Human nature would, of course, be factually constant, but insofar as it would be subject to legal redefinition by those in the possession of force, it would not yield moral clarity for public or private decision. Of course, man is not assured of happiness merely by public acknowledgment of his created nature. When man enacts laws or undertakes personal action in defiance of that created na?ture, he is acting in a way that is contrary to a state of happi? ness. For this reason, if a government of law is to be successful, it must be formed to meet the reality of man’s nature: a reality which recognizes both man’s created nobility and rebelling imperfection. Hence, Wilson insightfully comments: [G]overnment is the scaffolding of society: and if society could be built and kept entire without government, the scaf? folding might be thrown down, without the least inconven? ience or cause of regret. Government is, indeed, highly necessary .. . to a fallen state. Had man continued innocent, society, without the aids of government, would have shed its benign influence even over the bowers of Paradise. 35 he Founders believed man had not â€Å"continued innocent† T and so shaped American government to meet his shortcom? ings. IV. MAN’S IMPERFECT NOBILITY The seventeenth? to? eighteenth? century period out of which the Constitution emerged was, as Arthur O. Lovejoy records, a period of transition between the denigration of man and the celebration of his potential. 36 Theologians and religious writers reminded the Founders of man’s creation in the image and like? ness of God and man’s supernatural destiny, but one satire writer after another demonstrated that man, in action, failed regularly to live up to this nobility. These satires of the Seven? teenth Century were but the flowering of earlier writing. Father James Gillis writes: Shakespeare—the myriad? minded Shakespeare—probably knew man better than any other poet or dramatist or phi? losopher. Certainly he made a life study of man; he tracked 35. JAMES WILSON, Of the Study of Law in the United States, in SELECTED POLITICAL ESSAYS OF JAMES WILSON, supra note 28, at 210. 36. See ARTHUR O. LOVEJOY, REFLECTIONS ON HUMAN NATURE 20 (1961). No. 1] The Human Nature of Freedom and Identity 43 every emotion and mood and thought and passion of man to its secret lair in the human heart, dragged it out, incarnated it in man or woman, king, peasant, soldier, student, lover, clown, clothed it in ermine or fustian or in mourner’s weeds, and made it â€Å"strut and fret its hour upon the stage. † If ever a man revealed ourselves to ourselves, it was that all? But? omniscient Shakespeare. But even he was compelled in the end to confess that he couldn’t solve the riddle of man. Wit? ness the famous monologue, â€Å"[w]hat a piece of work is man! † continuing â€Å"how like an angel! † but concluding, â€Å"this quintessence of dust! †37 A. Man Rationalizes Himself as an Exception: The Self? Interest Problem Thirty years before the Declaration, the French writer Mar? quis de Vauvenargues noted how much we enjoy pointing out human defect, thinking we can somehow exempt ourselves from the same criticism. Vauvenargues lamented, â€Å"We are so presumptuous that we imagine we can separate our personal interest from that of humanity in general, and malign the hu? man race without implicating ourselves. †38 n response to this criticism, man would assert as a defense I his commitment to reason. However, one would have to cau? tiously wonder if â€Å"reason† was itself rationalization and self? deception. Man reaches a conclusion favoring passion over rea? son, then finds reasons to justify the passion and deceives him? self into thinking the reasons discovered were the cause for the initial decision. Again, satirists of the Seventeenth Century regularly pointed out that â€Å"[t]he passions always seek to justify themselves and persuade us insensibly that we have reason for following them. The gratification and pleasure to which they give rise in the mind which should be judging them, corrupt its judgment in their favor. †39 hese insights were best represented in the founding genera? T tion by John Adams. He observed that men tend to act first and think after. Men have a tendency to flatter themselves, and Ad? ams thought this self? deception was responsible for many ca? 37. JAMES M. GILLIS, THIS MYSTERIOUS HUMAN NATURE 5 (1956) (quoting WILLIAM SHAKESPEARE, HAMLET act 2, sc. 2). 38. LOVEJOY, supra note 36, at 20 (citation omitted). 39. Id. at 26. 44 Harvard Journal of Law Public Policy [Vol. 29 lamities. 40 Caught up in the various political controversies of his day, Adams wondered why those against him sought to â€Å"blacken and discredit† his motives, rather than address under? lying issues. 41 This trait of human nature has not changed. 42 B. A Government to Bring Perfection from Imperfect Human Nature Richard Hooker had faithfully recorded the noble, but imper? fect, aspects of human nature: Laws politic, ordained for external order . . . are never framed as they should be, unless presuming the will of man to be inwardly obstinate, rebellious, and averse from all obedience unto the sacred laws of nature; in a word, unless presuming man to be in regard of his depraved mind little better than a wild beast, they do accordingly provide not? Withstanding so to frame his outward actions, that they be no hindrance unto the common good for which societies are instituted: unless they do this, they are not perfect. 43 et all was not lost. God had created a universe by counter? Y balancing the forces of physical science, as Newton explained, and man could likewise construct a successful polity by follow? ing His model. So the Constitution came to be, following this instruction of counterpoise or balance, reflected in the planets as well as literature. The Founders, already having declared their fidelity to â€Å"the Laws of Nature and Nature’s God,† pro? 40. See generally JOHN ADAMS, ON SELF? DELUSION, in 3 THE WORKS OF JOHN ADAMS, SECOND PRESIDENT OF THE UNITED STATES 432, 433–36 (Charles C. Little James Brown eds. 1851). 41. Id. at 436. 42. Why, for instance, did environmental groups seek to demonize then? Judge John Roberts as anti? environment because of his dissent in Rancho Viejo v. Norton, 334 F. 3d 1158 (D. C. Cir. 2003), rather than take up the jurisprudential difficulty that animated the Supreme Court decisions upon which preced.

Macbeth by Shakespeare

Macbeth by Shakespeare Macbeth , written by Shakespeare, is a tragic play written around 1050 A.D. In this catastrophic play, the symbol of blood is mentioned differently several times. Shakespeare uses intricate imagery with the association of the word, blood. This specific word is significant because he uses the word creatively to develop the character of Macbeth and the unfortunate events that occur in the play. The word, blood, is mentioned about forty-two times and ironically the word, fear, also appears forty-two times in the play. As Macbeths character fluctuates throughout the play, the powerful emblematic meaning of the word, blood, changes from the beginning to the end as well. Once Macbeth and Lady Macbeth start their murderous journey, blood soon emerges into a symbol of their guiltiness. They both begin to feel that their appalling crimes have forever stained their lives. The first mention of blood seems to establish the significance of honor. Next, the second allusion of blood shows a terribl e example of betrayal. Lastly, the third reference of blood appears to establish the sense of guiltiness. Therefore, all of these different kinds of images of blood help develop the atmosphere and scene and as well contribute to the over all drama of the play. To begin with, the first allusion of blood in Macbeth is based upon honor. Near the beginning of the scene two in act one, a bleeding sergeant appears on the stage. It is known that Macbeth and the Scottish army defeated Macdonwalds army. The sergeant continues with his description of the battle and how Macbeth and Macbeths friend, Banquo fought bravely, â€Å"For brave Macbeth-well he deserves that name- / Disdaining fortune, with his brandishd steel / Which smokd with bloody execution, / Like valors minion carvd out his passage† (1.2.19-21). In this specific passage of the play, the allusion of blood is a symbol of bravery and courage. Heroic blood shed for a noble deed is known to be the good kind of blood. On the other hand, Macbeths character changes drastically throughout the unfortunate events in the play by the allegory of the blood he sheds. Before Duncans murder, Macbeth had a horrific vision of a dagger floating in the air in front of him, Macbeth describes intrica tely, â€Å"†¦and on thy blade and dudgeon gouts of blood, / Which was not so before. Theres no such thing: / It is the bloody business which informs / Thus to mine eyes† (2.1.46-49). The blood imagery in this passage obviously refers to betrayal and murder. This is a dire contrast to what blood symbolized in the beginning of the play. Blood was once seen as a positive merit, but is now associated with the darkness of evil. This imagery also shows the beginning of Macbeths character transformation of nobility and bravery into treachery and evilness. After Macbeth murders Duncan, he begins to realize the severity of his crime as he tries to wash Duncans blood off his hands, Will all great Neptunes ocean wash this blood / Clean from my hand? No; this hand will rather / The multitudinous seas incarnadine, / Making the green one red. (Act II, Scene 2, Lines 71-75) This passage illustrates the act of murder has changed Macbeths character. No longer does the blood connote an image of ambition; it now symbolizes guilt, remorse, and an entry into the gates of hell from which no one can return. Macbeth laments that not even all the water in the ocean will wash the blood off his hands, he is beginning to realize the magnitude of his crime, and that he has done something truly evil. This same blood symbolism continues when Macbeth, shortly after he sees the ghost of the murdered Banquo at his feast, goes into a state of shock and has to be escorted back to his chamber by Lady Macbeth. He tells Lady Macbeth before he goes to sleep, All cau ses shall give way: I am in blood / Steppd in so far that, should I wade no more, / Returning were as tedious as go oer: (Act III, Scene 4, Lines 159-161) Like her husband, the once ambitious Lady Macbeth finally realizes the significance of associating herself in the murder plot, and the severe repercussions it will bring. Tormented by nightmares, she sleepwalks through her bedroom and cries, What, will these hands neer be clean?†¦Heres the smell of the blood still: all the perfumes of / Arabia will not sweeten this little hand. (Act V, Scene 1, Lines 40, 46-47) The blood imagery exhibits Lady Macbeths guilt over Duncans murder. Her hallucinations of blood on her hands and her constant efforts to wash it off demonstrate that the agony of having guilty feelings is causing her to go insane. We later learn that this guilt strains her mind to the point that she commits suicide. We now find that Macbeth has entered so far into hell and the world of evil, it is impossible for him to return to righteousness. He will be forced to kill more and more people in order to retain control of the throne. The sins he has committed have not only perverted his virtuous life, but have condemned him to an eternity in hell. There is no chance of redemption; he has permanently allied himself with the forces of evil. In the plays final scene, Macduff confronts Macbeth to avenge the murders of his children and his wife at Macbeths hand, and to see Malcolm established as the rightful King. As Malcolm sees Macbeth, he exclaims, I have no words: / My voice is in my sword, thou bloodier villain / Than terms can give thee out! (Act V, Scene 8, Lines 8-10) Shakespeare uses this blood imagery to enhance the audiences understanding of Macbeths character. The audience has now witnessed the complete transformation of Macbeth. He begins as a noble, just and brave person, to becoming evil , ambitious, and treacherous during Duncans murder, to his final feelings of remorse for his crime and finally, to the realization that he will be punished for his sins.

Eye Nutrition for Optimal Vision and Performance

Eye Nutrition for Optimal Vision and Performance Many athletes put emphasis on training, fueling, and rest, but many do not focus on the importance of good eyesight. Optometrists estimate up to 80 percent of the information we accumulate during a sporting competition comes from our eyes and 95% of all physical movement is controlled visually and triggers the first movement of the athlete. (1,2,3) Even eye sight that is slightly blurred can reduce performance. (4) EYE ANATOMY The major components of the eye that affect performance and overall vision are the macula, retina and the lens. Macula is an oval-shaped highly pigmented yellow spot near the center of the retina of the eye[t1]. It is responsible for central, high resolution/acuity vision. The macula is yellow in color and it absorbs excess blue and ultraviolet light that enter the eye, and acts as a natural sun block for the retina. [t2] Retina is the layer at the back of the eyeball containing cells that is are sensitive to light and where a visual image is formed.[t3][t4] Lens covers the front of the eye and its role (along with the cornea) is to focus light on the retina NUTRITION What types of foods you put in your body not only impacts performance but impacts your eyes. A large-scale research project conducted by the National Eye Institute found there are several nutrients that help protect our eyes. The most important ones are beta carotene, vitamin C, Vit D, Vit E, lutein, zeaxanthin, zinc and omega 3 fats (5). Beta Carotene (Precursor to Vit A) is an antioxidant.—Helps produce pigment in the retina of the eye and promotes good vision especially in low light (night vision). Sources include apricots, broccoli, cantaloupe, carrots, dark green leafy vegetables, pink grapefruit, pumpkin, spinach, sweet potatoes. Vit C— is a water soluble essential nutrient and an important antioxidant. The eyes need relatively high levels of high Vit C to function properly. One of its main roles is to support small blood vessels to and around the eyes. The lens of the eye is also highly concentrated with the nutrient(5). Sources include Brussels sprouts, bell peppers, broccoli, berries and citrus fruit. Vit D (D3 cholecalciferol)—Has been shown to positivity impact vision and reduce retinal inflammation (6,). Food sources include cod liver oil, Atlantic pickled herring, salmon, mackerel , sardine and tuna packed in oil, fortified cereals/dairy/soy/tofu products, eggs and mushrooms. Vit E (d-alpha tocopherol)— is one of our body’s most powerful fat soluble antioxidants. Higher intake of vitamin E can increase the level in the retina. Vitamin E is also found in the lens. It protects cells of the eyes from damage and provides ocular protection (5). Sources include wheat germ, almonds, sunflower seeds, hazelnuts, peanuts, peanut butter and sweet potatoes. Lutein and Zeaxanthin—these powerful carotenoids are naturally present in the macula. They are part of the retina responsible for central vision. These vital nutrients work to filter 40-90% of the harmful blue light, the kind of light that can damage the macula. These nutrients act like sunscreen for your eyes. They can increase the pigment density in the macula. The greater the pigment density means better retina protection and a lower risk of macular degeneration (5). These antioxidants cannot be produced by our bodies on their own, so they must be obtained through diet and/or supplements. Sources include egg yolk, broccoli, corn, green leafy vegetables (kale, collards, spinach, turnip greens) and peas. Zinc (Zinc Oxide)—is an essential mineral. It helps get vitamin A from the liver to the retina for eye-protective melanin production. Proper amounts of zinc help with ocular protection, night vision and cataract prevention. Sources includes fortified cereals, legumes of all kinds (black eyed peas, kidney beans, lima beans) lean red meat, poultry, seafood and pumpkin seeds. Omega 3 Fatty Acids (Fish Oil) two types docosahexaenoic acid (DHA) and eicosapentaenoic acid (EPA.) They are major components of nervous and retinal tissues and are highly concentrated in the ocular tissues. They help promote healthy tear production necessary for healthy and comfortable eyes, protect tiny vessels within the eyes and low levels of these fatty acids can be linked to dry eye syndrome (7,8,9). Sources include salmon, tuna, sardines and anchovies. Eye Health and Performance The thicker and denser the macular pigment the more your eyes are protected. This thickness also reduces glare and light sensitivity along with improving photo stress recovery, contrast sensitivity, and processing speed (10). Since the eyes and brain are connected, a millisecond difference in seeing the ball for example is a difference between a strike and a home run. A 95-mile-per-hour fastball takes less than half a second to get to the plate. A player must decide to swing in approximately 0.458 seconds. That means the hitter must see the ball and decide whether to swing or not. Eye Health for Macular Degeneration and Cataracts Approximately 10% of people between 66 to 74 years of age will have findings of macular degeneration. The prevalence increases to 30% when they are between 75 to 85 years of age (11). Macular degeneration is when you have a loss of vision in the center of the visual field (the macula) because of damage to the retina. It is a major cause of blindness and visual impairment in older adults. Cataracts are another common eye problem. By age 80, more than half of all Americans either have a cataract or have had cataract surgery. Cataracts are a medical condition in which the lens of the eye becomes progressively cloudy, resulting in blurred vision. SUMMARY Protecting your eyes and having optimal vision starts with the food on your plate. Maximizing the thickness of your macula pigment optimizes sports performance and decreases your chances of macular degeneration and cataracts. Aim for a diet high in green, leafy vegetables such as spinach, kale, and collards, salmon, tuna, and other oily fish, eggs, nuts, beans, other non-meat protein sources, and oranges and other citrus fruits or juices. References Arie B. Sports Vision: How enhancing your vision can give you that extra edge in competition. Peak Performance 2003;188:6-8. Werner W. Contact lens fitting for sports. Contactologia 2000;22:92-4. Spinell MR. Contact lenses for athletes. Optom Clin 1993;3:57-76. Griffiths G.; Eye dominance in sport. Optometry Times:2003 43(16):34-40. SanGiovanni JP, Chew EY, Clemons TE, et al; for Age-Related Eye Disease Study Research Group. The relationship of dietary carotenoid and vitamin A,E, and C intake with age-related macular degeneration in a case-control study: AREDS Report No. 22. Arch Ophthalmol. 2007;125(9): 1225-1232 Bottom of Form 6. Lee.V, Rekhi.E, Hoh Kam.J, Jeffery.G. Vit D refuvenates ageing eyes by reducing inflammation, clearing amyloid beta and improving visual function. Neurobiolaging 2011; 33(10): 2382-2389. Bonnielin. S, West.S Caulfield. L, Bressler.S, ,The Impact of Fish and Shellfish Consumption on Age Related Macular Degeneration. Opthalmology 117 (12): 2395-2401, December 2010 8. Sangiovanni JP, Agrà ³n E, Meleth AD, Reed GF, Sperduto RD, Clemons TE, Chew EY. {omega}-3 Long-chain polyunsaturated fatty acid intake and 12-y incidence of neovascular age-related macular degeneration and central geographic atrophy: AREDS report 30, a prospective cohort study from the Age-Related Eye Disease Study. American Journal of Clinical Nutrition 2009 Dec;90(6):1601-7. Chua B, Flood V, Rochtchina E, Wang JJ, Smith W, Mitchell P. Dietary fatty acids and the 5-year incident of age-related maculopathy. Arch Ophthalmol. 2006; 124(7): 981-98 Wooten BR, Hammond BR. Macular pigment: influences on visual acuity and visibility. Prog Retin Eye Res 2002 Mar;21(2): 225-40. AgingEye Times (2009-05-19). Macular Degeneration types and risk factors. Agingeye.net. Retrieved 2011-01-11 [t1]Plagiarized from Wikipedia [t2]Plagiarized from http://www.flashcardmachine.com/504-eyes.html [t3]Plagiarized from http://www.oxforddictionaries.com/us/definition/american_english/retina [t4]These should be taken from an article or textbook and properly cited.

Disjointed Characters of Faulkners Light in August Essay -- Light Aug

Disjointed Characters of A Light in August  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚      In the novel, A Light in August, William Faulkner introduces us to a wide range of characters of various backgrounds and personalities.   Common to all of them is the fact that each is type cast into a certain role in the novel and in society. Lena is the poor, white trash southern girl who serves to weave the story together. Hightower is the fanatic preacher who is the dark, shameful secret of Jefferson. Joanna Burden is the middle-aged maiden from the north who is often accused of being a â€Å"nigger-lover†. And Joe Christmas is the epitome of an outsider. None of them are conventional, everyday people. They are all in some way disjointed from society; they do not fit in with the crowd. That is what makes them intriguing and that is why Faulkner documents their story.   Percy Grimm is another such character and he plays a vital role in the novel. He is the one to finally terminate Joe Christmas, who has been suffering his entire life.   Grimm is the enforcer, the one man who will uphold American pride at all costs. He also stands for everything in the world that has held Christmas back. He is the prototype of the ruthless enemy who is the source of all of Christmas ¹ struggles. And Christmas can never escape him. He can run, as he has been doing all his life and as he does in his desperate attempt to escape. But he can never hide, as he tries to do at Hightower ¹s and as he has been hiding his true self from the world he hates so much. Percy Grimm represents the unmerciful society that has restrained and persecuted Joe Christmas; it is only fitting that he should be the one to finally bring him down in the end. Percy Grimm was born into the American south and grew up to be a ... ...anage after he has sabotaged his existence there. He kills McEachern and runs away from home. He gets beaten and robbed on his final night with Bobbie. And he finally snaps and kills Joanna Burden and runs away for the last time. As he runs through the woods during his final few moments on earth, he is relentlessly chased by Percy Grimm, his enemy and torturer. In one last desperate attempt to escape, he hides at Hightower ¹s and is subsequently discovered and executed without mercy. But by this time, he is at peace with himself, knowing that he will no longer be forced to run and hide from anything. The society that holds him with such disdain has finally won their eternal battle. But he just does not care anymore. Joe Christmas surrenders to Percy Grimm with apathetic contentment. Works Cited: Faulkner, William. Light in August. 1932. New York: Vintage, 1987.

Black Athletes in Society Essay -- essays research papers fc

Introduction In the collegiate world of sports, basketball has become an increasingly recognized sport among African Americans, predominantly males. The hope of any young basketball player is that one day a scout will come and recruit them into stardom The question that presents itself as a problem to the lucky few who are chosen to go professional, is whether or not an education is more important than a million dollar shoe deal, â€Å"The NCAA's (1998) annual six-year study reported that only 33% of Black male basketball players graduated, (Chronicle of Higher Education, 1999). Individually, basketball reported the lowest graduation rate in all divisions,† (Robinson, 2004:1). Basketball players have become so idolized in the eyes of young Black male basketball athletes, that the value of education appear to be less important in the development of these young men, â€Å"According to Sailes (1997), there is an over-representation of Black males in particular sports and an under-representat ion in other segments of American society. He provides the example of percentages of Black males competing in the NBA (77%), NFL (65%), MLB (15%), and MLS (16%) in comparison to the fact that fewer than 2% of doctors, lawyers, architects, college professors, or business executives are Black males.†, (Robinson, 2004:1). The idea of the attainment of a professional basketball player’s salary in the NBA, without even having to go to school for the time it takes to earn a degree is very appealing to some players. Those with a wealthy, or even upper-middle class upbringing may not view material assets as a priority. In the Black community, we have theorized that money and success play a more important role than education in most households. Although these two seem to go together, one resulting from the other, this does not apply in the sports world. Our research will examine the role that the family value system plays in influencing Black vs. White male athletes to turn prof essional, as opposed to obtaining a college degree before turning professional. The role of the family value system encouraging Black male athletes to graduate from college appears to be less influential than that of White male athletes. The attainment of a professional basketball contract is more important because the value system in African American families appears to be focused more on immediate gratification. So r... ...r   Ã‚  Ã‚  Ã‚  Ã‚  Education Statistics. No date of posting/revision given. 20 Apr. 2004   Ã‚  Ã‚  Ã‚  Ã‚     Ã‚  Ã‚  Ã‚  Ã‚  This website provides the information on the graduation rates of all races. It also gives one important factor when studying the Black community’s graduation rates, â€Å"Black may be 12% of population, but only 3% of PHD, 6.7% of Bachelors Degrees,† and therefore encouraging the idea that the Black community does not support education as one of its main priorities. Robinson, Mark D. Ph. D. â€Å"Every Black Kid Should Strive to Be a Professional Athlete†.   Ã‚  Ã‚  Ã‚  Ã‚  Black Athlete Sports Network. 10 May 2004   Ã‚  Ã‚  Ã‚  Ã‚     Ã‚  Ã‚  Ã‚  Ã‚  This article proposes the idea of what would happen if Black people really embraced the sports world and made that their priority instead of education, â€Å"He provides the example of percentages of Black males competing in the NBA (77%), NFL (65%), MLB (15%), and MLS (16%) in comparison to the fact that fewer than 2% of doctors, lawyers, architects, college professors, or business executives are Black males,†. Dr. Robinson brings up the sta†¦..

Foods representing American Essay

The United States of America is a melting pot of different ethnic cultures and hence in that respect is considered to be one of the most diverse countries in the universe. The cultural cuisine is marked by the influence of different cultures and is difficult to actually say which one stands out to be a symbolic representation of American culture. But before one can delve any further it is important to understand the root significance of what is it like to be American or the American way of life. What is the American way of life all about ? Or, what is Americanism all about and how does it permeate it’s way into defining certain kinds of food onto an iconic level. Imagine food being granted the iconic status of being truly American! An average outlook on the part of most Americans, is that they generally like and prefer food that is cheap, quick, and convenient regardless of whether it is purchased from a supermarket or a fast food store. In other words, cooking or buying food is never expected to be a hassle- it ought to be fast, easy, â€Å"with minimal or economic sacrifice† (Ikerd,2009). The characteristics of America’s food culture are cost, convenience, and appearance. Let us take a look at some of the foods that have acquired an iconic brand status of being truly American. These foods have a sense of place and a signature style as being a symbolic representative of a place / region in America. What one generally gets to hear about is hamburgers, French fries, potato chips, e. t. c Apart from just the usual common food/snack varieties that are popular, and if one were to really look harder for a search- there are regional / locational foods that have shaped the thought process all across America. Apple Pie, New England Clam Chowder, Pastrami (New York), Shoofly(Pennsylvania), Smithfield ham(Virginia), Po boys (Louisiana), Fajitas (Texas). a) Apple Pie: is considered to be a European import and has come to stay in America for centuries and been perfected over the years. An American Apple pie is homely and rustic in appearance. b) New England Clam Chowder: No trip to Boston is complete without a proper bowl of clam chowder. A proper chowder is deep and aromatic, with layered flavors atop a porky foundation (Bonne, 2009) c) Pastrami (New York): Pastrami is man’s mastery over meat. It begins with a simple slab / plate of meat — a cut which is different from the grill-and-serve of the obvious hunk of a cow, needs the much needed transformation. It is then subjected to a dry cure process: salted with a good portion of cracked black pepper and maybe with a little sugar and spice — which rest on the meat as it is left to be smoked. When it is finally ready- whole pastramis are steamed for quite a few hours before serving. d) Shoofly pie (Pennsylvania): is a fruity pie and quite a tasty one. It is crusty with molasses and crumbs. The crumbs add texture to the dense and rustic pie rich with molasses in taste. According to popular Amish folklore one is reminded of the fact that the name derives itself from an activity that refers to the constant need to shoo away flies from these succulent and juicy sweet treats atop which are the generous pools of molasses that lay formed. d) Po-boys (Louisiana): This a generally considered a workaday food meant for hungry and hardworking people trying to meet ends. It’s discovery is attributed to two brothers viz. , Benjamin and Clovis Martin, who ran a restaurant in the city’s French Market. Eating a ‘Po-boy’ is quite an unforgettable sandwich treat. WORKS CITED Ikerd, John (2009) â€Å"The American Food Culture† Retrieved on 29th May, 2009 Bonne, Jon (2005) â€Å"10 Foods that make America great† Retrieved on 29th May, 2009. < http://www. msnbc. msn. com/id/8392312//>

Observing a Preschool Classroom Bicultural

July 1, 2012 M L HD 351/551 Assignment#5 Book reflection: â€Å"Resolving conflicts at work† Reading some of â€Å"The ten strategies for everyone on the job†, one that I found very important was, â€Å"Why people engage in difficult behavior†, is because, sometimes we judge people by their difficult behavior, and we do not take the time to ask â€Å"Why† they behave that way. For us could seems (senseless) or irrational to us, we ought to find out why they behave that way.Every time we ask an honest, emphatic question â€Å"Why†, we ask may lead to a more accurate description of the reasons they chose to engage in difficult behaviors. Every accurate description of those behaviors can help us to develop a strategy for stopping or discouraging them. One story in the reading is about a group of employees learned this lesson when they asked the question â€Å"Why† one person refused to go along with the consensus and adamantly refuse to accept t he design favored by the rest of the group.Her† difficult behavior† created considerable conflict and criticism, but she held firm, seeming to enjoy the conflict and smiling as she stood her ground. By asking â€Å"Why† and other open-ended questions, they discovered that her real issue had nothing to do with her design of the coordinating committee, but concerned her work team where she had been unsuccessful in raising or solving the problem. Another important point that I read was, that sometimes family or co-workers engage in difficult behavior because they have family problems at home.One example, I recall when I was supervising this person with a difficult behavior, I found out she was having personal problems, I never asked the question â€Å"why†. Perhaps if I would have the knowledge of this book â€Å"Resolving conflicts at work†, it could be easier for me to work with this person. What the author want us to believe is to understand better, why people behave that way, never to blame them for their difficult personally. Moreover, not regarding their negative behavior, but honestly calling attention to the difficulties it creates for us.One of the patterns I have discovered in the reading was that we would find people with this kind of difficult behavior in our job, co-workers and our own families; I read that difficult behaviors start in the family. Some of these difficult behaviors probably began long before we entered in their lives. Another important point in â€Å" The ten strategies† talks about some difficult behaviors people have since childhood, they follow a pattern because no one resolved their conflicts before. Resolving conflicts at work† strategy 7 we also learned how to understand people with difficult behaviors, bust also talks about methods for changing difficult behaviors. By focusing on the behaviors of the others, offering empathetic feedback, ceasing to reward their behaviors, and search ing for collaborative solutions, it is possible for us to shift from feeling hopeless in our conflicts to being strategic about them. The follow methods can help us to become more strategic in our response to difficult behaviors.They developed these methods to support the staff of a large U. S. government agency in changing their focus defining their problems as difficult people and personalities to identifying the chronic behavioral problems within the organization and developing the skills, they needed to address them. These are only a few of the methods. * Surfacing the conflict: They began by interviewing the staff about their experiences with conflicts in the work place.Summarized the main issues and distributed their comments to everyone without censoring or watering them down. They make a list of all the problems that needed to be solved and placed them on the table for discussion, negotiation, and problem solving. * Conflict coaching: It talks about coaching the leadership t eam in the organization on how best to respond to conflicts and the difficult behaviors that created them, how to model openness to criticism, how to be strategic by not rewarding them, and how to reward honest, empathetic communications instead. Teamwork: By having a group conflict resolution session, they assigned everyone to random teams and asked them to read the comments from the interviews. I believed in today’s competitive workplace, your ability to communicate is the most important business skill. After reading this book, â€Å"Resolving conflicts at work†, I am planning to use these strategies when I need to resolve a conflict at work. One of my questions is â€Å"How can we resolve our conflicts with our own brothers and sisters†.