Wednesday, April 29, 2020
INTRODUCTION Essays (2532 words) - Criminal Law,
INTRODUCTION In recent years, in Canada, we have seen a gradual reduction in the crime-rate. However, every day on the radio and on TV, we see and hear of another armed robbery, another sexual assault, another drug bust, or another brutal murder. This is scary because it affects us all. We are all potential victims; we are all susceptible to these horrible crimes. Even scarier is that more and more of these crimes, the violent ones, involve young offenders. We are hearing more and more about young offenders, youth between the ages of twelve and eighteen, who are stabbing people on school grounds, sexually assaulting others, and murdering their peers. Recently, we heard the story of a young boy, only six years old, who murdered a fellow classmate in a Michigan elementary school. A few years ago, we heard of the two young boys in England who murdered a boy who was under the age of three years. The dealing of narcotics on the school ground, be it elementary or high school, is increasing. Gradually, it seems that people from every age group are becoming victims, and people from every age group are becoming offenders. Because of space limitations, this paper will deal only with a few young offenders issues. In addition, only a few aspects of the Young Offenders Act will be dealt with. LEGISLATION The Young Offenders Act is the federal law for young people charged with crimes. Prior to April 2, 1984, the Young Offenders Act did not exist in Canada. Instead, the Juvenile Delinquents Act (which had been used since 1908) was used to deal with young offenders. The main philosophy of this latter Act was to deal with the welfare of the child. In April 1984, the Young Offenders Act was enacted and one of the major changes that took place was in the philosophy used to deal with young offenders. The Young Offenders Act recognizes that in some situations, a young offender may be deemed (by the trial judge) to be beyond rehabilitation, and a lengthy period of incarceration may result, as opposed to further attempts to rehabilitate. Therefore, the Young Offenders Act deals not only with the welfare of the child, but also, with the welfare of society. Thus, with the change in approach, from the old legislation to the new, it can be argued that it is now easier to imprison a young offender, and for longer periods of time. The Crown Prosecutor must only convince the trial judge that it would be in the best interests of society and that there is no other alternative way of dealing with the young offender. And, of course, a young offender is subject to longer periods of imprisonment if tried in adult court, as opposed to being tried in youth court. For children who are under the age of twelve years, an offense is dealt with under the provinces child welfare laws. Under the former Juvenile Delinquents Act, only children under seven were considered too young to be held criminally responsible for their actions. The Young Offenders Act does not apply to offenses involving provincial statutes, such as driving without a license, hunting out of season, drinking liquor while underage, and speeding. AN ALTERNATIVE TO COURT Not all young offenders who commit an offense wind up in court. If a young person has never before been in trouble with the law, a chance to participate in an Alternative Measures program may be considered, rather than a charge being laid and the young offender having to deal with it in court. The young person must accept responsibility for the offense that has been committed and be prepared to make up for the harm caused. As one example of an Alternative Measures program, a young offender might be required to attend an educational program to gain a better understanding of the wrong doing and how it has affected others. In the alternative, he/she might agree to perform community service. Frequently, as part of an Alternative Measures resolution, a young offender will be ordered to apologize to the victim and possibly do some work, such as raking leaves or shoveling snow, for the victim. COURT DISPOSITIONS There are numerous sentencing choices open to youth court judges, following a guilty plea by
Friday, March 20, 2020
Free Essays on Non Profits
A nonprofit is a tax-exempt organization that serves the public interest. In general, the purpose of this type of organization must be charitable, educational, scientific, religious or literary. These organizations can be unincorporated or incorporated. An unincorporated nonprofit is somewhat rare for while it can be given federal tax-exempt status or the designation of being a 501(c)(3) organization as defined by the Internal Revenue Service, it does not enjoy the legal protection a corporation provides. When a nonprofit organization is incorporated, it shares many traits with for-profit corporations except that there are no shareholders. There are three main types of NPOââ¬â¢s: Public-benefit corporations, mutual benefit corporations, and religious corporations. Public benefit corporations can only distribute assets to other public benefit corporations. Mutual benefit corporations can distribute assets to their own members, and under certain conditions as well as for public benefit purposes. Religious corporations must follow the rules of their governing bodies. Non profit public benefit corporations hold their assets in what is called charitable trust. A charitable trust is an entity that holds money or assets for charitable purposes. The difference for the NPOââ¬â¢s is that unlike profitable companies, if the charitable trusts have surplus revenue, they belong to the public the corporation was designed to serve. If the corporation becomes a profit company, the surplus becomes a donation to another charitable service. Just as the name indicates, religious corporations are formed primarily or exclusively for religious purposes. These groups can qualify as religious organizations under both state incorporation law and Section 501(c) (3). You need not set up a formal church to form a religious nonprofit corporation; these groups can have a general religious purpose. For example, a group organized to promote the study and practice of a p... Free Essays on Non Profits Free Essays on Non Profits A nonprofit is a tax-exempt organization that serves the public interest. In general, the purpose of this type of organization must be charitable, educational, scientific, religious or literary. These organizations can be unincorporated or incorporated. An unincorporated nonprofit is somewhat rare for while it can be given federal tax-exempt status or the designation of being a 501(c)(3) organization as defined by the Internal Revenue Service, it does not enjoy the legal protection a corporation provides. When a nonprofit organization is incorporated, it shares many traits with for-profit corporations except that there are no shareholders. There are three main types of NPOââ¬â¢s: Public-benefit corporations, mutual benefit corporations, and religious corporations. Public benefit corporations can only distribute assets to other public benefit corporations. Mutual benefit corporations can distribute assets to their own members, and under certain conditions as well as for public benefit purposes. Religious corporations must follow the rules of their governing bodies. Non profit public benefit corporations hold their assets in what is called charitable trust. A charitable trust is an entity that holds money or assets for charitable purposes. The difference for the NPOââ¬â¢s is that unlike profitable companies, if the charitable trusts have surplus revenue, they belong to the public the corporation was designed to serve. If the corporation becomes a profit company, the surplus becomes a donation to another charitable service. Just as the name indicates, religious corporations are formed primarily or exclusively for religious purposes. These groups can qualify as religious organizations under both state incorporation law and Section 501(c) (3). You need not set up a formal church to form a religious nonprofit corporation; these groups can have a general religious purpose. For example, a group organized to promote the study and practice of a p... Free Essays on Non Profits A nonprofit is a tax-exempt organization that serves the public interest. In general, the purpose of this type of organization must be charitable, educational, scientific, religious or literary. These organizations can be unincorporated or incorporated. An unincorporated nonprofit is somewhat rare for while it can be given federal tax-exempt status or the designation of being a 501(c)(3) organization as defined by the Internal Revenue Service, it does not enjoy the legal protection a corporation provides. When a nonprofit organization is incorporated, it shares many traits with for-profit corporations except that there are no shareholders. There are three main types of NPOââ¬â¢s: Public-benefit corporations, mutual benefit corporations, and religious corporations. Public benefit corporations can only distribute assets to other public benefit corporations. Mutual benefit corporations can distribute assets to their own members, and under certain conditions as well as for public benefit purposes. Religious corporations must follow the rules of their governing bodies. Non profit public benefit corporations hold their assets in what is called charitable trust. A charitable trust is an entity that holds money or assets for charitable purposes. The difference for the NPOââ¬â¢s is that unlike profitable companies, if the charitable trusts have surplus revenue, they belong to the public the corporation was designed to serve. If the corporation becomes a profit company, the surplus becomes a donation to another charitable service. Just as the name indicates, religious corporations are formed primarily or exclusively for religious purposes. These groups can qualify as religious organizations under both state incorporation law and Section 501(c) (3). You need not set up a formal church to form a religious nonprofit corporation; these groups can have a general religious purpose. For example, a group organized to promote the study and practice of a p...
Wednesday, March 4, 2020
Inclusional Best Practices, Supporting Inclusion
Inclusional Best Practices, Supporting Inclusion The inclusive classroom means that all students have the right to feel safe, supported and included at school and in the regular classroom as much as possible. There is ongoing debate about placing students completely in the regular classroom. Views from both parents and educators can create a great deal of anxiety and passion. However, most students today are placed in agreement with both parents and educators. Often, the placement will be the regular classroom as much as possible with some cases where alternatives are selected. The Individuals With Disabilities Education Act (IDEA), amended version 2004, does not actually list the word inclusion. The law actually requires that children with disabilities be educated in the least restrictive environment appropriateâ⬠to meet their ââ¬Å"unique needs.â⬠The least restrictive environment typically means placement in the regular education classroom which typically means Inclusion when ever possible. IDEA also recognizes that it is not always possible or beneficial for some students. Here are some best practices to ensure inclusion is successful: An Overview of the Inclusive ClassroomIn the inclusive classroom, it is important that the teacher fully understands the learning, social and physical needs of the students. A teacher has a special role to play when trying to maximize learning potential for students with special needs. It becomes the educators role to create a welcoming environment and provide students with ongoing opportunities to learn, share, and engage in all classroom activities. Determining what alternate assessment needs to occur is another area where the educator needs to make changes to specifically support the student in the regular classroom. Preparing Students for the Inclusive ClassroomThis checklist helps both parent and teacher prepare the student for the inclusional classroom setting. The child needs to know what to expect, equally important is to ensure that there are no surprises.The Inclusional Classroom ChecklistI am a big fan of checklists. This checklist provides educators with guidance about m aximizing success for students in an inclusional setting. There are 12 key items that will guide the establishment of a successful inclusional setting. Each item points to some form of action which will be key in maximizing sucess for the student with special needs. Youll find that the checklist includes strategies for academic, social and physical success. Using Peer Support in the Inclusive ClassroomPeer support is one of the most essential ingredients in the inclusive classroom setting. Peer support helps to build rapport and a sense of belonging and community among students. Students with special needs often become the targets for inappropriate behavioral conduct from other students, however, by education the whole class and having members of the class become peer supporters, the problem of teasing is often minimized. How To Reach and Teach all Students in the Inclusive ClassroomIt always helps to have great resources to help out. Without a doubt, this resource is my favorite! The pages of my book are dog-eared, marked up and highlighted. I have come across and read many books and articles about inclusion but this book is the practical one that my colleagues all agree on as needing at their fingertips. Some food for thought regarding some of the challenges of the full inclusional model include: How can you ensure that the student relationsips in your class are not superfical?How will you provide intense one to one instruction? Time for this is often greatly reduced.How will you ensure that equal rights are in place for all students?Sometimes youll be faced with research that suggests the inclusional classroom may not be as successful based on the specific needs of the student.Many parents want both inclusion and alternative settings. Sometimes the full inclusional model just wont support all the needs. Although inclusion is the preferred approach, it is recognized that for a number of students, it is not only challenging but sometimes controversial. If you are a special education teacher, there is no doubt that you have discovered some of the challenges of inclusion.
Monday, February 17, 2020
The US Sugar Policy - Case Study Essay Example | Topics and Well Written Essays - 1250 words
The US Sugar Policy - Case Study - Essay Example All capital markets are beginning to connect world wide, and this affects even those who are not globally connected. The larger economies will at some point influence those not globally invested as their performance begins to evolve and shape the global financial markets. There may be no other free-trade policy like the U.S. sugar program that illustrates such hypocrisy, and the need for reform. The United States has often prided itself as a world leader in terms of the free trade movement. The culture has always pushed for Globalization and the use of technology to integrate economies. However, there are some industries that remain well protected due to the strength of forceful interest groups and absence of pressure to reform. These protection barriers often hurt our domestic economy and counteract the efforts to promote more open markets and trade negotiations around the world. (Grombride, Mark) In this paper I will examine the flaws in the U.S. Sugar Policy and demonstrate how th ey affect domestic and international farmers. This essay will also demonstrate to show how globalization is reflected in the consumption, production and labor of the sugar industry. The U.S. Sugar policy operates under the Farm Bill, which was overwhelmingly passed in 2008 by Congress. The basic premise behind the sugar policy is that supply should equal demand. The U.S. Department of agriculture has imposed several tools in order to ensure that the sugar policy operates at a minimum cost to the taxpayers. These tools are that: first, they can limit foreign imports to those required in the trade agreement obligation with the exception of Mexico; second, they can control the amount of sugar the U.S. American farmers are allowed to sell; and third, the bill can divert any excess surplus of sugar into ethanol production. (American Sugar Alliance) These tools and policies such as the preferential loan agreements and tariff rate quotas, serve to effectively keep foreign sugar out of the U.S. In return this forces the price of sugar in our market to increase substantially. According to the World Agricultural Supply and Demand Estimates, the U.S. Production projection for sugar produced in April of 2011 was 7,950,000 short tons raw value and the import amount was 3,135,000 short tons raw value. The amount projected in export equaled just 225,000 short tons. In areas such as the Caribbean, sugar is one of their largest earning industries. However, during the past two decades, Caribbean agriculture has experienced a decline in their agricultural production. Once globalization occurred the countries in the Caribbean were greatly affected as the some of the most vulnerable producers. This was due to their limited physical size not allowing them to benefit from economies of scale. For them this translated into higher world prices for production of their main principal products. The Caribbean exported only 669,630 tones of sugar around 2000. (Ahmed, Belal) There are severa l factors that determine the international competitiveness of sugar production. Some of these factors include: tariffs and quotas, the availability of sugar as a natural resource, the cost of production, and international trade agreements. Tariffs and quotas affect the sugar market as American consumers and business are forced to purchase sugar at the U.S. average price vs. the world price. This is due to our low import of foreign sugar. Government enables have protected domestic sugar growers by placing trade restrictions
Monday, February 3, 2020
Literature Essay Example | Topics and Well Written Essays - 3500 words
Literature - Essay Example Conradââ¬â¢s choice of words and word combinations, complex sentences, his poetic tone and sophisticated style assists in smooth transition in situation that craft a sensual experience for the readers. He uses rhyming adjective phrases and complex sentences to string his ideas and make them transcend into a visual melodrama. ââ¬Å"Heart of Darknessâ⬠is an excellent example for his ability to manipulate the abstract language and vivid imagery to attain his goal. In earlier days, Africa was known to be the ââ¬ËDark Continentââ¬â¢ or the ââ¬Å"other world.â⬠(Robert Kimbrough 1988). All negative traits of European society were attributed to Africans. So much so, that Africa did not find a place in the world map and its geographical areas were unmarked. This intrigued and stimulated the spirit of challenge in many explorers and navigators to conquer the Dark Continent. It was this passion that also goaded the boy Joseph to seek a life of adventure and romance on the high seas. A Polish by origin, brought up in a patriotic family who resented European aggression, Conrad spent his childhood in Russia and Poland. Subsequent to the death of his parents he was under the care of his uncle, and had schooling at Carcow. Like other young men of 19th century Conrad was drawn to the adventurous, lucrative, and self-fulfilling life of seamen. He remained a seaman, from 1874 to1894, and sailed under several European flags before beginning his li terary career. Conradââ¬â¢s long twenty years of experience, particularly a visit to Africa, stands reflected in ââ¬ËHeart of Darkness.ââ¬â¢(p.ix). The story is narrated through the main character Marlow, who was also a sailor, and can be considered as an autobiographical travelogue of Conrad delivered through Marlow. Heart of Darkness, possibly the greatest short novel in English, asks troublesome questions on human aggression, disturbs preconceptions and
Sunday, January 26, 2020
Relationship Between Food And Art English Language Essay
Relationship Between Food And Art English Language Essay This essay will examine the relationship between food and art by asking if food can be thought as an artwork, and if so, the commonalities it shares with other art pieces. To discuss the feasibility of the aforementioned relationship, this essay will use a particular example, through which different theories will be analysed. However, it is important to put forth this essays hypothesis, which agrees that food can be thought as an art piece, a concept which will be discussed later on. Our example concerns the figure of the Catalan cook Ferran Adrià , who had the best restaurant in the world, El Bulli, for five years, with the added accolade of three Michelin stars until 2011, when it closed. The reason why this case has been chosen has to do with the fact that Ferran Adrià has been compared as an artist and his dishes as unique artworks by different experts in gastronomy. FOOD AS AN ARTWORK In order to analyse if this connection is feasible, it is important to discuss the notion of food and its role in the society, an aspect that can be easily linked to the idea of artwork. Different authors have discussed the social function of food in the society. For instance, J. Hegarty(2001) says that one of the principal differences between animals and humans is the fact that we cook our aliments, which causes cultural differences among humans. Moreover, he also argues that cooking is something that humans learn and, therefore, it is not an innate characteristic but an idea that can be related to the dichotomy between nature and culture, discussed by different classic anthropologists, such as Claude Là ©vi-Strauss. Since food is one of the aspects that differentiate humans from animals and the notion that cooking is an acquired skill, it does belong to the culture. This is enough to conclude that food has an impact in the society. However, there are other reasons why, such as tho se discussed by O. Castillo and E. Gonzà ¡lez(2007), who purport that during the process of eating, human beings are also looking for other social elements, as establishing new friendships or partnerships. All these ideas discussed by these scholars can be applied in different societies and in specific social contexts, which will help to understand the importance of food within it. For instance, in the case of the birthday of a family member, all the family will meet up and have a meal together, normally lunch or dinner. In this case, the idea of meeting up to eat is used as an excuse to gather together all the family. This is only a particular social context that can be used to exemplify this connection between food and its role in the society as a process that goes beyond the simple fact of eating. So far it can be seen that food has a function in the society, which is a considerable aspect in order to link it with an artwork. As this module has shown throughout the term is that art pieces have social meaning and they structure a part of the society. One example could be the Bark Paintings, a type of Australian Aboriginal art, which are a re-representation of the landscape. Mainly, these form a representation of the external memory recalling clues of the ancestral intention, which is encoded in the landscape, linking emotional ties with the land and the presence of the ancestors in it. Another example could be the basketry by the Yekuana, which is used to structure the society in a particular way; as Guss says, Basketry therefore becomes a significant indicator in the general growth and competence of an individual, used to chart not only practical knowledge but also status and identity(2006:380). Whit both examples it has been shown how art also has a role in the society influe ncing different aspects of such. In the case of El Bulli, this idea that food goes beyond the simple fact of eating is also represented mainly attributed to two reasons. Firstly it can be thought that because of the high prices (minimum 400à ¢Ã¢â¬Å¡Ã ¬/person) the people that decided to go there expected something more than just the food. Secondly, the fact that the waiting list was minimum two years it is another element that shows that the costumers looked for something else than just food but all the experience that goes with it. Some scholars have argued that food cannot be considered art because of its inherent and basic function: consumption. Before discussing this question, it is important to talk about the concept of aesthetic reactions, which in the words of Hegarty(2001), it is related to the idea of beauty, and specifically in the case of gastronomy: This translates into menu balance and harmony in such areas as colour, temperature, taste and texture which in some cases can be dictated by the aesthetic demands of the raw materials which are used to create a gastronomic work(2001:12) From this quote it can be said that if a specific dish has the characteristics mentioned, then it would be thought as beautiful and therefore as art. This idea of aesthetic reactions is also discussed by Tefler, who says that the aesthetic qualities can be characterised as non-neutral, non-instrumental, having certain intensity and often accompanied by judgements for which the judgers claim a kind of objectivity(2002:11). In other words, for Tefler an object has an aesthetic reaction if it is appreciated for its own characteristics, it can impress the viewer and it is not influenced by a personal criterion. In El Bullis case of study the idea of aesthetic reactions is useful because it is one of the characteristics associated with art. Aside from the different opinions of it, it can be said that the notion of aesthetic reactions is mainly related with the idea of beauty, and also to the different characteristics given by Tefler. Regarding this example, it can be seen that some of the dishes do not look as food at first sight but they can be thought as a portrait or as an artistic photographà [1]à . Moreover, if the Hegarty point of view is taken into account, the harmony of Ferran Adrià s dishes can be related to the idea of beauty and then to the concept of aesthetic reactions, which is a key concept for the art pieces. However, some scholars believe that food cannot be thought as art because of its function, such as M.L.Quinet(1981), who has the argument that the function of art is to provide an object for aesthetic contemplations and, on the other hand, the foods function is its consumption, which causes that these two concepts cannot be associated. However, she also states that in some cases food can be considered art as long as it has an aesthetic function and it is not expected to be eaten. This idea is relevant to demonstrate that what makes this discussion so complex is the main function of the food. But even if the purposes between them are different, it does not have to be the only criterion to conclude that food is not art. The Quinets idea is helpful because it introduces a key difference between the arts function, an idea discussed later on. Finally, it is relevant to discuss Teflers idea that not all objects with aesthetic reactions can be considered artwork, because they do not share the characteristics of what constitutes an art piece, a point I will endeavour to explore next. An artwork is by Tefler a man-made thing, even if the human involvement need consist of no more than putting a natural object in a gallery and giving it a title(2002:12). She differentiates between artwork which can be seen in a classificative or evaluative manner. In general terms, an artwork in the classificative sense has to do with how the object is regarded and if it is intended for an aesthetic consideration. On the other hand, an artwork in the evaluative way deals with the idea if the object deserves the merit of being considered as such. This difference in the meaning of an artwork is useful in terms of knowing that the concept of art cannot be thought as a static one with only one meaning. In regard to food this categorisation is also useful, because as Tefler says, food can be thought as art in the classifying way of artwork, since for many cooks and costumers some meals are intended to be considered in an aesthetic consideration, in other words, to be savoured, appraised, thought about, discussed(2002:14). So, the main point of those meals is not to provide nourishment but to have a further experience. This idea of food as an artwork in a classifying sense can be highly related with Ferran Adrià s work, which requires a lot of thought and analysis before cooking it, and its aim is to provide an unforgettable experience to the customer, which goes beyond the simple fact of eating. In relation to this classification of artworks it is also important to mention the difference between art and craft, which is argued by various scholars. Quinet, who thinks that food cannot be considered art in general terms, concludes that The culinary arts, one might claim, are indeed arts, but only when we use the term art in the sense of mere craft; and this is not the way in which the term is used in aesthetics(1981:159). The difference between art and craft is also analysed by Tefler, who says that it lies in the degree of creativity, so something is considered art if it is an original creation and when the object is a result of carrying out instructions then it is contemplated as craft. The relationship between this classification and food is significant, because depending on the level of creativity in the process of cooking, food could be thought as art or not. Even if in general terms a receipt is being followed when cooking, in the case of El Bulli, the creativity applied i n their dishes is enormous, because there is a long process of analysis behind with the goal to create new imaginative dishes. One example of such could be the dish called Peach paperà [2]à , which is presented as a letter or also the liquid olivesà [3]à , which is the result of a complex molecular technique created by Ferran Adrià named spherification. Hence, the food cooked in El Bulli can be considered an art according to the amount of creativity. In relation to this difference between art and craft it is also advantageous to mention the classification between fine and useful arts, argued by Hegarty. The useful arts are those that are utilitarian, such as the design of a building or furniture. However, fine arts are defined by seeking to relate, to communicate and commune between people in that, the artist assumes an audience when he/she for example, writes a poem or paints a picture(2001:8). Food can be related to this last idea of fine art, as well as theatre, music or dance(Anson,2006), an idea that can also be known as minor art. CONCLUSION This essay has discussed the idea that food can be considered as art by using a specific case of study, El Bulli. Different arguments have been put forth to demonstrate the existence of this connection between art and food, such as its social role in the society as well as other artworks. Concerning the case of study of this essay, it can be said that El Bullis dishes can be related to the idea of artwork. One reason is their aesthetic reactions, meaning that they are associated with the concept of beauty, causing the difficulty to differentiate some of them from portraits. Another reason is because their function goes beyond the idea of nourishment, since they are expected to provide a further experience. Furthermore, they have a high degree of creativity, which makes it possible to correlate them with the idea of art and differentiate them from the notion of craft. appendix http://www.elbulli.com/catalogo/commons/generar_img.php?id=879PoG=G Picture 1.1: Soup of pink grapefruit with tarragon and praline salted with black sesame (2003) http://www.elbulli.com/catalogo/commons/generar_img.php?id=987PoG=G Picture 1.2: Blooming cucumbers in vinegar with mustard seeds and tarragon (2004) http://www.elbulli.com/catalogo/commons/generar_img.php?id=920PoG=G Picture 1.3: 2m of Parmesan spaghetti (2003) http://www.elbulli.com/catalogo/commons/generar_img.php?id=1207PoG=G Picture 1.4: Tree passion fruit (2005) Picture 1.5:http://www.elbulli.com/catalogo/commons/generar_img.php?id=973PoG=G Ties of beet with vinegar powder (2004) http://www.elbulli.com/catalogo/commons/generar_img.php?id=1098PoG=G Picture 1.6: Paper of peach Tramontana (2005) http://www.elbulli.com/catalogo/commons/generar_img.php?id=1095PoG=G Picture 1.7: Spherical green olives- I (2005) Liquid olives http://www.elbulli.com/catalogo/commons/generar_img.php?id=1085PoG=G Picture 1.8: Bicolour wafers of carrot and beet (2004)
Friday, January 17, 2020
To What Extent Was Slavery the Cause of the American Civil War?
In the context of the period 1763-1865, how far was the American Civil War caused by long term divisions over the issue of slavery? In his second inaugural address in March 1865, Abraham Lincoln looked back at the beginning of the Civil War four years earlier ââ¬Å"all knew,â⬠he said, that slavery ââ¬Å"was somehow the cause of the war. â⬠This essay will endeavour to discuss the role of long term divisions caused by the slavery debate in the eventual outbreak of the Civil War.In doing so this analysis will encompass the period between the birth of the nation beginning with the start of the American Revolution in 1763 and the conclusion of the Civil War in 1865. This being a period in which the newly independent nation struggled with its state system, with each of the former colonies possessing the rights to a significant level of self-governance that inevitably led to disagreements and conflicts of interest.One such conflict was the disagreement over slavery which James Ford, like Lincoln, believes was crucial in creating a clear North-South divide that would eventually lead to the Civil War. Whilst recognising slaveryââ¬â¢s overwhelming contribution to the outbreak of the American civil war in 1861, one must acknowledge alternative factors beyond slavery, which contributed to the nations descent towards armed conflict. Revisionists such as William Gienapp and William Freehling emphasise the political contribution to the outbreak of the war and the influence of sectional ideology on ante bellum politics.It was this differing ideology that created the tensions between Southern and Northern parties creating political chaos during the 1850s, the North believing they were attempting to save democracy whilst the South campaigned for increased Statesââ¬â¢ rights, all of which provoked the outbreak of war. As well as the long-term divisions over slavery and the short term political contributions to the outbreak of war, historians such as Charles an d Mary Beard placed emphasis on the fundamental differences between the North and South economic systems, disregarding the moral and political contributions.This analysis will argue that ultimately the issue of slavery was the main reason for the outbreak of war in 1861; however the short term political blunders and failure of the political system created a chaos that made war inevitable. Had the American political system thrived, the divisions over slavery could have been resolved without war being waged. Slavery is the moral dimension that lies at the heart of the historiographical debate. James Ford Rhodes identified slavery as the central and virtually only cause of the war. If the Negro had not been brought to America,â⬠he wrote, ââ¬Å"the Civil War could not have occurred. â⬠Introducing slavery to America created differences of opinion between the North and the South, on the morality of slavery. It was these differences that created tensions between the regions an d ultimately fuelled the outbreak of war in 1861. The Northern climate was not suited to plantation agriculture which resulted in Congress passing an Ordinance in 1787, keeping slavery out of the North West Territory.The Northern belief insisted that the South was ruled by a ruthless ââ¬ËSlave Powerââ¬â¢ which, conspiratorial in its methods, consisted of slaveholding planters and political leaders who were determined to convert the whole United States in to a nation of masters and slaves. The aggressive attitude of Southerners arising from the decision by Chief Justice Taney in the Dred Scott case of 1857 that all blacks, slave as well as free, were not and could not be citizens of the United States increased rather than allayed Northern suspicions.This conspiracy, as the Northerners believed it to be, was fundamentally an aristocracy founded upon these principles; that slavery was not morally wrong, it is a right possessed by the slaveholder, and that it is constitutional. Ad mitting Missouri as a slave state and introducing the Fugitive Slave Act in the Compromise of 1850, only exacerbated Northern suspicions which is illustrated through what John Rankin believed, ââ¬Å"The Slave Power has already seized upon the General Government, and has overthrown the rights of Free Statesâ⬠¦the struggle between the slave and free institutions is for existence.They are antagonistic principles and cannot exist long together ââ¬â one or the other must fall. â⬠ââ¬ËSlave powerââ¬â¢ heightened through media influences such as the non-abolitionist Cincinnati Daily Commercial claiming ââ¬Å"There is such a thing as THE SLAVE POWERâ⬠encouraged the Northern populace that action needed to be taken against the South in order to preserve the existence of their personal liberty. On the other hand, many Southerners like historian Ulrich Bonner Phillips, viewed slavery as a hierarchic order thus making it wholesome practice.Phillips recalls setting off to school as a young child and burdened by the prospect that his ââ¬Å"sable companionâ⬠was able to play all day long. According to Hugh Tulloch, the Southerners had evolved a unique form of social relations based on slavery; whereby the masterââ¬â¢s role was essentially paternal, ââ¬Å"without slavery the black would either lapse into African savagery. â⬠It is this view and that of Edward Channingââ¬â¢s, ââ¬Å"the slaves were often happier than their mastersâ⬠that appears so distorted in comparison to the Northern interpretation on slavery.It was this that became an important factor in consolidating antislavery sentiment in the North, thus widening the sectional rift between the North and South. ââ¬Å"If slavery is not wrong, nothing is wrong. I cannot remember when I did not so think and feel. â⬠Lincolnââ¬â¢s view on the peculiar institution further heightened the issue as Southern states regarded his election as a threat to their power, and pr ovoked the secession of South Carolina from the Union, shadowed by a further 10 states.Modern fundamentalists such as James McPherson and Eric Foner similarly describe the two sections as ââ¬Å"different and deeply antagonistic societiesâ⬠agreeing that slavery was the root of that antagonism. The North's commitment to capitalism and modernisation, these scholars explained, was the context for abolitionism and for the free labour ideology of Abraham Lincoln's Republican Party. The South's commitment to agriculture and slave labor was reflected in the region's distinctive cult of honour, its preoccupation with localism and states' rights, and its defense of social inequality.Had African slave trade been declared illegal long before 1808, the million plus slaves that were in the USA in the early 19th century would not have existed, therefore would have had no effect on population influxes which stimulated an industrial and economic change, nor the geographical expansion which ca used the conflict within the different states. Although Rhodes placed his greatest emphasis on the moral conflict over slavery, he suggested that the struggle also reflected fundamental differences between the Northern and Southern economic systems.In the 1920s, the idea of the war as an irrepressible economic rather than moral conflict received fuller expression from Charles and Mary Beard, insisting there were ââ¬Å"inherent antagonismsâ⬠between Northern Industrialists and Southern planters. Undoubtedly, the issue of slavery itself would not have created divisions and differences within the nation had someone, or a group of people spoke up and shared their desire to ââ¬Å"fight the gross evil of slaveryâ⬠thus the influence and the rise of abolitionists need to be taken in to account when assessing the causation of the war.Abolitionists were committed to the doctrine of ââ¬Ëmoral suasionââ¬â¢; the idea that Southern slaveholders could be persuaded that slavery w as morally wrong. Arguably, it was the abolitionistââ¬â¢s actions that publicised and brought slavery in to the political arena and through their anti-slavery postal campaign in 1835, the Democratic administration could not avoid the issue. By building these campaigns, abolitionists turned themselves into an organised movement, urging the national government to debate slavery and heightening the nationââ¬â¢s opinion on the institution.The Fugitive Slave Act in 1850, became one of the most powerful weapons in the hands of the Abolitionist Movement. The Constitution introduced a clause stating that fugitives from slave labour must be sent back to the South if captured in the North. It forced citizens to assist in the recovery of fugitives and denied fugitives who claimed to be freemen the right to a fair jury trial. This caused outrage among the Northern black community who were no longer able to legally prove that they were free. Foner stated the act gave slavery what is called ââ¬Å"extra-territorialityâ⬠, thus making slavery a national institution.Even though the Northern States could abolish slavery, they still could not avoid their Constitutional obligation to enforce the slave laws of the Southern States. The Act drew more attention to the inhumanity of slavery and caused increased tension between the North and the South. Northern whites resented having to be forced into hunting slaves against their will by the officials enforcing the Act. It was also significant because it helped to create legendary abolitionists and anti-slavery orators such as Frederick Douglas and Henry Highland Garnet and generated the release of ââ¬ËUncle Tomââ¬â¢s Cabinââ¬â¢ in 1852 by Harriet Beecher.Beecherââ¬â¢s book expanded support and contributed to the outbreak of the war by personalising the political and economic arguments of slavery whilst providing depiction of the horrors of slavery. Installments were published weekly from June 1951 in an abolitio nist newspaper. In November 1862, President Lincoln famously said, ââ¬Å"so you are the little woman who wrote the book that started this Great War. â⬠More importantly, the Act allowed Northerners who had always thought slavery was so far away to see it personally for the first time.This display of cruelty convinced more people of the evils of slavery and made them opposed to the Southern institution of slavery and the Act as it had now cemented slavery within the law. This increased support for the abolitionists' cause would infuriate the South and increased sectional tensions. Despite slavery existing in America since the 1600s, economic and social paths taken by the North and the South increasingly began to change towards the 1800s and as a result created significant sectional differences between the states.Southerners did not necessarily go to war to defend slavery, nor did northerners go to war to end it. It is often suggested that we have ignored the well-known facts th at most southerners did not own slaves and that most northerners shared the eraââ¬â¢s racist attitudes. After all, only about 25% of southern white families owned slaves and 50% of these owned less than 5 slaves. Consequently, one must consider the basic differences between the economies and the practical issues that divided the sectional leaders.Charles and Mary Beard came to the conclusion that there had existed an ââ¬Å"irrepressible conflict between a static, agrarian South and the expanding, industrialising North. â⬠The Beards insisted that ââ¬Å"inherent antagonismsâ⬠between Northern industrialists and Southern planters contributed to the outbreak of war. Massive changes in transport help to explain the agricultural and industrial changes. The development of steamboats revolutionised travel on the great rivers; by 1850 over 700 steamships were operating on the Mississippi and its tributaries and the North were able to boast more than two-thirds of the railroad tracks in the country.Less than one in ten Americans lived in towns in 1820; one in five did so by 1860, but it was this urbanisation that was more prevalent in the North as opposed to the South with the percentage of population living in towns of 2500 or more being 26% in 1859 on Northern states, compared to only 10% in the Southern states. Unlike the South, the North had a growing number of immigrants; between 1830 and 1860 most of the five million immigrants to the USA settled in the North. Slave labour was the foundation of a prosperous economic system in the South.In 1793 the invention of the cotton ââ¬Ëginââ¬â¢ revolutionised the region; it is significant to recognise the relationship between the invention of the cotton gin and when cotton became Americaââ¬â¢s leading crop with the number of slaves in the South. In 1790 America produced 1,500 pounds of cotton. By 1815 production had reached over 100,000 pounds and in 1848, production exceeded an astonishing 1,000,000 pounds. Simultaneously, slavery spread across the Deep South as the cotton engine fuelled slave labour, pushing the North and Southââ¬â¢s industrial methods even further apart.By itself, the South's economic investment in slavery could easily explain the willingness of Southerners to risk war when faced with what they viewed as a serious threat to their ââ¬Å"peculiar institutionâ⬠after the electoral victories of the Republican Party and President Abraham Lincoln in 1860. Economically, the taxes on imported and exported goods contributed greatly to the North- South divide. From the time of the first Congress in 1789 to the outbreak of the Civil War there was dissension between the Northern and the Southern states over the matter of protective tariffs, or import duties on manufactured goods.Northern industries wanted high tariffs in order to protect their factories and labourers from cheaper European products. Demanding that ââ¬Å"American labourers shall be protected aga inst the pauper labour of Europe,â⬠tariff proponents argued that the taxes gave ââ¬Å"employment to thousands of mechanics, artisans and labourers. â⬠The vast majority of American industry was located in the Northern states, whereas the economies of the agricultural Southern states were based on the export of raw materials and the importation of manufactured goods.The South held few manufacturing concerns, and southerners had to pay higher prices for goods in order to subsidise Northern profits. The collected tariffs were used to fund public projects in the North such as improvements to roads, harbours and rivers. From 1789 to 1845, the North received five times the amount of money that was spent on southern projects, ââ¬Å"Sectional legislation, such as subsidies to ship-owners and manufacturers, took money from the pockets of the planters and farmers and transferred it to the pocket of Northern capitalists. This economic policy heightened tensions and exacerbated the sectional disagreements over the best type of government. The stark differences in their economies resulted in supporting either the Democrats or Whigs which brings in to play the revisionist interpretation that political blunders and the breakdown of the system ultimately divided the sections, increasing their hostility to one another. The structure of American politics and the antebellum party realignment provides a way to assess the relationship between the American political system and the origins of the war.Modern revisionists like Stampp attempt to recapture the eventualities of antebellum politics, placing emphasis on the shared values of the North and South and the failure of political leaders to reach compromises which could have averted war. Erin Foner argued the coming of the Civil war constituted the greatest failure of American democracy; ââ¬Å"the intrusion of sectional ideology into the political system brought about the war. The fundamental issues can be traced bac k to the standoff over sovereignty during the American Revolution, and from this founding era the disagreement over how much authority the national government should have on the one hand and how much sovereignty and independence the individual states should retain on the other began. An unworkable arrangement followed, whereby states tried to coordinate a national war effort, a national economy, and a national government without sacrificing their individual sovereignty.However, continental currency became worthless and states became free to do their own thing. Shays' Rebellion in 1786-87, occurred as a protest to rising debt and economic chaos and due to the failure of the national government was unable to gather a combined military force amongst the states to help put down the rebellion. This was a catalyst for the Founding Fathers to scrap the Articles of Confederation and devise a new Constitution. However, the Constitution contained a number of provisions that strengthened the f orces of sectional division within the nation.It was the American political system that was particularly vulnerable to sectional strains and tensions and thus the Civil War was able to occur within a particular political framework. William Gienapp believes it was ââ¬Å"the Constitutionââ¬â¢s provision for amendment that significantly contributed to the outbreak of war. â⬠The constitutionââ¬â¢s ambiguity on whether Congress could impose conditions on a new state or refuse to admit a new state to the Union became a source of controversy which stimulated the growing conflict between the sections.More important, believed Gienapp, was the ambiguity of whether a state had the right to leave the Union. It was this silence that contributed to the debate over secession as it allowed Southerners to plausibly maintain that secession was a legal right of each state, and thus fuelled Southern extremism. Political blunders from the 1820s widened sectional differences, according to Ga bor Boritt; ââ¬Å"the crystallisation of rival sectional ideologies orientated towards protecting white equality and opportunity. Each section began to see the other as a threat to its vital social, political and economic interests. A view had been produced that one section or the other has to be dominant. The Missouri Compromise, so Rodger Ramson believed, allowed in the long term, ââ¬Å"the right of Congress to pass legislation allowing or prohibiting slavery in the western territories. â⬠However in 1854 the Kansas Nebraska Act nullified the Missouri Compromise and is claimed to be a political miscalculation of massive proportions. Alan Nevins labelled the entire episode as a ââ¬Å"disasterâ⬠.The political effects of this Act were enormous, irrevocably splitting the Whig Party. Every northern Whig had opposed the bill; almost every southern Whig voted for it and due to the competition of the Know-Nothing party and their failure to respond to nativist concerns, the pa rty was effectively killed off. With the emotional issue of slavery involved, there was no common ground to be found and Northern Whigs reorganised themselves to become the Republican Party committed to blocking westward expansion of slavery. Animosity between the North and South was again on the rise.The North felt that if the Compromise of 1820 was ignored, the Compromise of 1850 could be ignored as well. The Dred Scott case in 1957 brought the Missouri Compromise in conflict with the Fifth Amendment that upheld that no one be deprived of his or her right to life, liberty, and property. Political historian, Michael Holt notes, ââ¬Å"The issue that drove the deepest wedge between North and South in the two decades before the Civil War was not the institution of slavery itself, but the question of whether slavery should be allowed to expand westwards beyond the boundaries of the slave states. Without the discipline of a strong party system, more outspoken views on slavery and seces sion began to be heard. Holt declares that the breakdown of the party system, no longer operating on economic issues, allowed demagogues to arise who accentuated the differences between North and South. Politicians in both sections ââ¬Å"kept the country in constant turmoil and whipped up popular emotions for the selfish purpose of winning electionsâ⬠thereby bringing about the Civil War. Lincoln declared before his unanimous nomination, ââ¬Å"A house divided against itself cannot stand.I believe this Government cannot endure permanently, half slave and half free. I do not expect the Union to be dissolved- I donââ¬â¢t expect the house to fall- but I do expect it will cease to be divided. â⬠Despite Holt placing emphasis on the breakdown of the second party system, Stampp focuses on Lincolnââ¬â¢s actions as president, ââ¬Ëinvitingââ¬â¢ by his proposition a war of sections; ââ¬Å"Thus Mr Lincoln invites a war between the free States and the slave States, a war between North and the South, for the purpose of either exterminating slavery in every Southern state, or planting it in every Northern State. The existence of national political parties became increasingly focused on the contest for Presidency. The coming of the war In April 1861 was seen as both sides waging war in an attempt to save democracy as they understood it. For southern secessionists, at stake was the right of self-government and the fundamental right of southern whites to control their own destiny. For the North, the war was a struggle to uphold the democratic principles of law and order and majority rule, as well as preserving the Union, which they believed was inseparably linked to democracy.Boritt noted, ââ¬Å"few northerners failed to appreciate the fundamental irony that they were ready to kill their fellow Americans in order to prove democracy was a workable form of governmentâ⬠. Due to this rivalry of sectional ideologies, each came to think that one section or the other had to be dominant. Residents of each section feared the other, and before the physical fighting the sectional conflict represented a struggle for control of the nationââ¬â¢s future. On December 20, 1860, in response to Lincoln's victory, South Carolina seceded from the Union.By the time of his inauguration on March 4, 1861, six more states had also seceded and formed the Confederate States of America. Ramson states, ââ¬Å"the attempt by the southern states to create a Confederacy separate from the American Union failed because the slave society of the South was unable to sustain an effort in the face of a determined foe. The promise of eliminating slavery eventually provided a unifying force behind the Northââ¬â¢s efforts to hold the union together. â⬠In conjunction with the fight for democracy, revisionists like Holt, Gienapp and William W.Freehling have focused on those political debates within each section that do not fit into the a direct narrative of the slavery controversy. Political historians have shown Northern voters were preoccupied with and motivated by issues such as nativism; slavery was not their overriding concern and did not explain their voting behaviour. The Southern electorate, too, was deeply divided on the basis of class, economic setting, and sub-region. The differences between the Upper South and the Deep South in particular make it dangerous to generalise broadly about the ââ¬Å"fundamentalâ⬠nature of Southern Society.When historians assert that slavery caused the Civil War, most are saying that only the presence of the ââ¬Å"peculiar institutionâ⬠made it impossible to resolve peacefully the constitutional, political, and economic issues that had long animated sectional tensions. Conversely, Historians like Jefferson Davis have been keen to refute the argument that the war was caused by the long term divisions of slavery and support the political argument that it was the Republican Party that e ngineered the war by furthering Northern political and economic aggrandisement against the South.As soon as the question of slavery expansion in to western territories entered the political agenda, voters were unwilling to drop the issue without protest but when waging war, the North and the South were fighting for what they believed to be a democracy and were motivated by nativism to defeat the opposition; which posed threat and disunion to their democracy. To conclude, the divisions over slavery in America ultimately contributed to the outbreak of war in 1861. This long term factor influenced the economic and social paths taken by both Northern and Southern States during the 1800s and as a result widened sectional differences.This greatly impacted the American political system resulting in the breakdown of the two-party system through blunders made by politicians in the 1850s in an attempt to win elections and save their democracy. This breakdown heightened tensions between the tw o sections and was exacerbated by the increasing influence of the abolitionist movement from 1830s onwards. It would be a limited assumption to deem the breakout of the Civil War purely on the divisions of slavery, as many fought in an attempt to save their own democracy.However, had slavery never been introduced in to American civilization the nation would never have been divided over the institution, the economic paths taken by both North and South wouldnââ¬â¢t have been so diverse, thus eliminating political differences and an abolitionist movement would never have been formed. ââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬â [ 1 ]. Hugh Tulloch, ââ¬ËThe debate on the American Civil War eraââ¬â¢, p. 110. [ 2 ]. James Ford Rhodes, ââ¬ËHistory of the United States from the Compromise of 1850ââ¬â¢, p. [ 3 ].Kenneth M. Stampp, ââ¬ËThe Causes of the Civil Warââ¬â¢, p. 21. [ 4 ]. Ibid. , p. 23. [ 5 ]. Hugh Tulloch, ââ¬ËThe debate on the American Civil War Eraââ¬â¢, p. 37. [ 6 ]. Ibid. ,p. 35 [ 7 ]. Ibid. , p. 38 [ 8 ]. Ibid. , p. 37 [ 9 ]. Eric Foner, ââ¬ËPolitics and Ideology in the age of the Civil Warââ¬â¢, p. 35. [ 10 ]. Charles and Mary Beard, ââ¬ËThe rise of American Civilizationââ¬â¢, p. [ 11 ]. Hugh Tulloch, ââ¬ËThe debate on the American Civil War Eraââ¬â¢, p. [ 12 ]. Eric Foner, ââ¬ËPolitics and Ideology in the age of the Civil Warââ¬â¢, p. 61. [ 13 ].Kenneth M. Stampp, ââ¬ËThe causes of the Civil Warââ¬â¢ p 93 [ 14 ]. Ibid. , p. 86. [ 15 ]. Eric Foner, ââ¬Ë [ 17 ]. Gabor S. Boritt, ââ¬ËWhy the Civil War Cameââ¬â¢, p. [ 18 ]. Roger L. Ransom, ââ¬ËConflict and Compromise: The Political Economy of Slavery, Emancipation, and the American Civil Warââ¬â¢, p. [ 19 ]. Michael F. Holt, Political Parties and American Political Development from the Age of Jackson to the Age of Lincoln (Baton Rouge: Louisiana State Univers ity Press, 1992), p. 4. [ 20 ]. Kenneth Stampp, ââ¬ËThe causes of the Civil Warââ¬â¢ p
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