So, humans ought to act as autonomous moral agents. In child: Usually self limiting, does not require treatment in most cases.
All sensory modalities are lost, and propriocep-tion is most severely affected.
American Journal of Speech-Language Pathology, 14,208–220. Like all other health services, it is important forpatients to be comfortable with the techniques that are being utilized aspart of their care.
Fever can be present in hematogenous or acute infection.
As explained in the excerpt, this is a pre/post-treatment design withvarying lengths of baseline (A) and treatment phases (B).
Hearingprotection is also required if a worker has experienced asignifi cant threshold shift, even if occupational exposureis less than 90 dBA time-weighted average. Therefore, eachproblem that is selected for treatment focus requires a specific definitionabout how it is evidenced in the particular client. He then told me, "They will take me away with them." I triedto console him, told him it would not happen, that he would get well . With regard to metabolic syndrome anddyslipidemia purchase dapoxetine online clozapine and olanzapine appear to havethe greatest risk. This wording of the items comesfrom participant feedback during the cognitive inter-views regarding how participants preferred the itemsin the CPIB to be framed (Yorkston et al. purchase dapoxetine online 2008).Referring to "interference" may have predisposedparticipants to think more about barriers to partici-pation than facilitators of participation; however,participants raised many examples of contrastingbarriers and facilitators in the interviews (e.g., famil-iar people facilitate participation, whereas unfamil-iar people hinder participation).
After all, even though members of the first group commonlybattle uncertainty and their own fears of death and abandonment, and thesecond group instead embraces isolation and seeks the face of God in con-stant prayer, both are pelted by a diversity of visionary experiences, both goodand evil.


Continuous-Rod Strings Replace Guided Conventional Rods, Increase Average Time Between Failures by Over 600%, read more here.
This alternative to sucker rods improves production in unconventional plays.
Historically, the vast majority of artificial lift deployments have been in vertical wells that produce oil and gas from conventional reservoirs. The last few decades, however, have brought a dramatic shift to both conventional and unconventional oil and gas production from deviated wells, including horizontal, S-shaped and slant well trajectories. Deviated wells have presented a major challenge for artificial lift operations—including the accelerated wear of downhole equipment and tubing. The friction between the tubing and the rod string can wear holes in the tubing, which leads to production delays and costly, time-consuming repairs and equipment replacement.


Manhattan Condos - New Developments - Conversions - Resales: What's in A Neighborhood Name? "Hells Kitchen" or "Clinton"
What's in A Neighborhood Name? "Hells Kitchen" or "Clinton"
Some still argue about the exact boundaries of Hell's Kitchen, but it's commonly considered to run from 34th to 59th Streets and from Eighth Avenue to the Hudson River. The area is also known as Clinton and long-time residents use the two terms interchangeably. Some are proud to call the neighborhod "Hells Kitchen" while some prefer to say Clinton.
Yesterday I was showing one of my listings in Clinton/Hells Kitchen. A pre-war Art Deco charmer at Pembroke, 357 West 55th Street. A one bedroom with sunken living room in a circa 1935 6 story coop on a pretty tree lined block. The buyer a long time neighborhood resident said she could never call the neighborhood "Clinton" and her agent agreed. When they asked about the coop board I answered: "They're a regular coop board but the building is not on Park Avenue".
The buyer who has lived on the block for many years quickly replied "West 55th Street between 8th and 9th Avenue is called "The Park Avenue of Hells Kitchen." So now you know!
The neighborhhood names are interchangeable on real estate websites as well. The NY Times calls it Clinton in or around Midtown and Midtown West and StreetEasy clearly calls it Clinton while on Corcoran.com it's Midtown West.
I have another exclusive listing 5 blocks away, a large, corner post-modern loft-like studio at Worldwide Plaza, a white glove luxury condominium occupying a city block in Midtown Manhattan from 49th to 50th between 8th and 9th Avenues.
The residences at Worldwide Plaza include a 39-story tower with 654 apartments at 350 West 50th Street. Built in 1988 it was an anchor for new development and gentrification in the neighborhood. For 20 years the neighborhood has been changing. It has become renovated, gentrified. New condo construction along with many new restaurants and bars have opened in the neighborhood.
Corcoran.com calls 350 West 50th Street Clinton and gives Clinton boundaries from 34th Street to 50th Street, from Eighth Avenue to the Hudson River.
A formerly low-rise area just west of the Theater District lies "Hells Kitchen" or "Clinton", the area is also home to charming row houses.
While some still argue over the exact street boundaries everyone agrees it's west of Eight Avenue. East of Eighth Avenue including Carnegie Hall and Time Square is considered Midtown West.
What's in a neighborhood name? Call it "Hells Kitchen" or call it "Clinton" or "Midtown West" but what ever you call it the neighborhood is one of Manhattan's HOTTEST neighborhoods and still very COOL!
Co-op and condo buyers find that the prices are affordable, and the transportation is great. The Hudson riverfront offers opportunities for bicycling, jogging and kayaking. Ninth Avenue, a Midtown West restaurant row draws both pre- and post-theater crowds and locals to its trattorias, cafes, grills, and steakhouses.
According to Brian Williams on NBC nightly News. The best slice of Pizza in NYC is at Sacco on 9th Avenue between 54th & 55th Street. A family run business for more than 50 years named after the town Sacco in Italy.
Whatever your lifestyle, budget or architectural preference. Clinton, Hells Kitchen, The West 50's, has something for you. It may be the neighborhood you've been looking for.
I've certainly hear of Hell's Kitchen but had no clue about Clinton. Interesting bit of localism.
You've presented a very nice overview of the nieghborhood and all the lore about it. So how did it get the name?
It will always be Hells Kitchen to me Mitchell...............amazing how that area has gone through so many changes and is now one of the hottest spots in Manhattan.
Hi Jeff, Thank you. The name "Hells Kitchen" came about because it was a working class ethnic neighborhood with rough edges known for violence and gangs dating back to the 19th century. "Hells Kitchen" meant hotter than "Hell"
The famous broadway musical and movie West Side Story took place in Hells Kitchen. The famous gangs in West Side Story were the "Sharks and "Jets"
Today it is a "hot" neighborhood again but in a real estate maket way. Located between Chelsea and the Upper West Side, two neighborhoods that have been drastically gentrified over the years, Hells Kitchen is attracting a new generation of folks who may have lived or started looking on Upper West Side or Chelsea then realized they could enjoy much the same lifestyle in midtown west.
Hi Ellen, New Yorkers love their neighborhood nicknames. Caruso Lane! Love it!
Hi Roger, It's always been "HOT" it's just semantics and one's definition of "HOT" LOL.
Mitchell it certainly is interesting all the different names of the neighborhoods .. one side of the street can be worth so much more then the other ..
Interesting write up on the community. Thanks for sharing!


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Mantis Burn Racing speeds onto Nintendo Switch
You can't beat a good racer. Personally, I'm not massively for utter realism; if I wanted that I'd learn to drive, so something a bit more cartoony would be what I'd normally reach for. There are some absolutely monolithic racing franchises out there, and looking to join Mario Kart, F-Zero and Rock n' Roll Racing (a bit less monolithic but a bit bloody good, look it up) is Mantis Burn Racing. This title recently arrived on Switch and I'm here to give you an idea what you're in for if you fancy blasting around a track at high speed. 'Cause I'm nice like that.
Developed and produced by the clever souls over at VooFoo Studios, Mantis Burn Racing is a modern top-down racing game that combines physics-based gameplay with intuitive arcade action. You are invited to test your skills with five unique classes of vehicles over an eleven season single player career consisting of 150 events and 13 event types. This should give you plenty of variation as you prove your skills in a bumper to bumper battle for the top.
"Mantis Burn Racing on Switch features all the upgrades and content released to date in the biggest and best version of the game," said Mark Williams, Technology Director at VooFoo Studios. "The game is all about fun, fast, competitive racing and with added support for Switch specific features like Local Multiplayer and our 'Cross Table' mode; it's a perfect fit for Nintendo gamers at home or on the go."
So, what are some of the features that make this game so cool? Well, it comes with quite a bit of DLC thrown in, including the Elite Class DLC, Battle Cars DLC and Snowbound tracks. Mantis Burn Racing also features RPG style upgrades. You'll be able to fine tune your vehicle's handling and performance via an upgrade system that adds some real tactical depth to your game.
You've also got a bunch of different ways to play with your mates being supported by Mantis Burn Racing. These range from classic split-screen multiplayer for up to four players for cross-network play. This allows you to play against up to eight other players, some of whom may well have different systems. This is opening the doors for a lot of fun for those of you that don't know any other Switch gamers.
If you're fancying a blast around the track, you can find this title in the eShop now for £14.99 ($19.99 for our American friends). Considering the amount of extra stuff VooFoo are adding to the release, this doesn't really seem badly priced at all. This could well be a nice little change from all those competitive shooters and arcade blasters out there for the high-score grabbers among you. For racing fans, having at least a cursory peek at this one seems like a bit of a no-brainer, really.
TEAM REVIEW / Nintendo Switch
Nintendo Switch Sales exceeding those of the Wii by 10%
NBA Playgrounds relaunches on Nintendo Switch
Light Fall is coming to Nintendo Switch

redpajama_set_name: RedPajamaCommonCrawl


text:
package com.cloud.api.response;

import com.cloud.api.ApiConstants;
import com.cloud.api.BaseResponse;
import com.cloud.api.EntityReference;
import com.cloud.jobs.JobInfo;
import com.cloud.serializer.Param;

import com.google.gson.annotations.SerializedName;

@EntityReference(value = JobInfo.class)
public class UpgradeRouterTemplateResponse extends BaseResponse {
    @SerializedName(ApiConstants.JOB_ID)
    @Param(description = "the id of AsyncJob")
    private String asyncJobId;

    public String getAsyncJobId() {
        return asyncJobId;
    }

    public void setAsyncJobId(final String asyncJobId) {
        this.asyncJobId = asyncJobId;
    }
}

redpajama_set_name: RedPajamaGithub


There's a great article that was recently published on Huffington Post in regards to teens finding their "passion" – that thing that they will devote themselves to, pouring their hearts and lives into for the next 60+ years. Today's youth are looking beyond themselves for purpose and meaning. And while I agree with the author in the sense that a specific passion is unlikely to appear in the teenage years (and the exact look of any passion can change many times over a lifetime) and takes time to grow, often through many learning-jobs, there is one huge piece of the puzzle he is missing.
Searching for the purpose, meaning, passion of our lives without looking to the Writer of our hearts is like going clothes shopping for a pen pal whose sizes you don't know. Sure, you may have an idea of their style based on the things you know they like to do, but, chances are, most of your purchases won't fit your long-distance friend very well. In the same way, we may get glimpses of who God has created us to be from the way He has designed us to think, act and respond, but without living in relationship with Him it is impossible for us to get the "fit" of our passion just right.
Do you know a teen who is searching for their passion apart from God? Talk with them, engage them in conversation and share how God has shaped your own passions. Invite them into community with other young Christians like your church's youth group or Youth for Christ. Be an active part of their lives!
We humans keep brainstorming options and plans, but God's purpose prevails.


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Submitted by Rademacher Financial Inc. on July 11th, 2018
Mixed Quarter
The three major domestic equity indices ultimately ended in positive territory for the second quarter, after zigging and zagging on headline news, particularly towards the end of June. Volatility due to the threats of escalating trade wars continues to be an overhang on the market. In the past month, the administration has threatened an additional $400 billion worth of tariffs on Chinese goods, and reports circulated that the administration had planned to invoke an emergency economic power to restrict Chinese tech investment in the United States and implement export controls on technology transfers.
Uncertainty, in this case regarding global trade tensions, often leads to concern among investors. It seemed that investors were trying to digest somewhat conflicting reports of peak earnings, tariff threats and political divisiveness, shrinking yield spreads, lower unemployment and gradually rising inflation.
Foreign financial markets weathered an eventful month as well, as global tariffs hurt these traditionally more open economies. However, Raymond James European Strategist Chris Bailey believes that any lessening of these concerns – which remains very plausible – provides investment opportunities.
Despite end-of-the-month volatility, all of the major domestic equity indices were up for the second quarter. A longer view shows that the NASDAQ, the Standard & Poor's 500 and the Russell 2000 ended the first half of the year in healthy territory, but the Dow Jones Industrial Average didn't keep pace.
Here is a look at what's happening in the economy and capital markets, as well as key factors we are watching:
"The U.S. economy is doing very well," according to Federal Reserve (Fed) Chair Jerome Powell. The job market has continued to tighten. Inflation, as measured by the core PCE Price Index, has moved up near the Fed's 2% goal.
Monetary policy is still accommodative, and Fed officials believe that further gradual increases in short-term interest rates are likely to be warranted. The Fed is trying for a soft landing, a task that has been difficult to achieve in the past.
Trade policy uncertainty has had a modest impact on the overall economy so far (more significant for some industries than others), but investors may fear that a broader trade war would be more disruptive to the U.S. and global economies.
Real gross domestic product (GDP) growth is expected to have picked up in the second quarter, but comprehensive benchmark revisions (due July 27) may shift things around.
Despite recent volatility, domestic equities have held up much better than the rest of the world with emerging markets getting hardest hit on trade tensions and the rising U.S. dollar.
Economic activity and earnings remain pillars of support for the U.S. equity market. Second-quarter earnings season will begin in a few weeks, and estimates have ticked higher since the end of a very strong first-quarter earnings season.
Raymond James Managing Director of Portfolio & Technical Strategy Michael Gibbs and Senior Equity Portfolio Analyst Joey Madere are looking to get more color from companies on the impacts of global trade negotiations, margins, inflation and interest rates. (I'll keep you posted on Gibbs' thoughts.)
In three instances since 1986, Fed tightening has led to an inverted curve that was then followed by a recession, but that pattern may not necessarily hold given some of the unique aspects of the current climate. Remember, the current economic run started from the depths of the economic crisis of 2008/2009.
It has been two and a half years since the Fed's first hike (December 2015) which is significantly longer than what led to the past three inverted curves. There is no guarantee we will invert the curve resulting in a recession or that we won't. The latest round of Fed hikes was preceded by more than seven years of zero interest rates and market effects spurred by quantitative easing.
Yields and spreads have shifted such that even investors in the highest tax brackets may optimize their short-term returns (i.e., five years and in) with corporate bonds.
The most recent bond activity appears to be a reaction to headline news. Although some information, such as the potential trade war, is inflationary in Drabik's view, the safe haven trade into U.S. bonds is at least temporarily countering those effects.
Concerns about disruptions to world trade flows continue to build, particularly impacting emerging markets (e.g., the Indian rupee hit an all-time low against the dollar, and the Chinese stock market flirted with bear market territory).
In Europe, Germany experienced some unexpected domestic political instability as Chancellor Merkel faced a new challenge to her current political coalition.
European economic reform efforts appear to be taking a slight backseat to discussions of potential trade tariff responses and internal regional debates such as immigration.
Using conventional valuation criteria, both emerging and developed markets outside of the United States appear to be attractively positioned for medium-term capital growth and income investors.
We believe you should continue to make decisions based on your long-term goals. A well-diversified portfolio should allow you to participate in upside potential here and abroad, as well as serve as ballast against any short-term volatility. I will continue to monitor the trade tariff situation and report as it is appropriate.
June definitely slowed down after May's whirlwind. Rachel and I spent a considerable amount of time weeding and working on the yard. Rachel has continued her long run training regime and plans on run a "slow paced" marathon this fall. Any marathon pace would be fast to me! However, I have been diligent about going for my morning walk, weightlifting and bike riding. Ok, the bike riding wasn't as consistent as it should have been. Maybe next month, I will tell you that I actually went for a run… Don't hold your breath.
Rachel and I traveled to Santa Fe, NM in June. Rachel attended a glass fusing class while I worked from various coffee shops. Our mornings would start with a hike in the surrounding countryside. Unfortunately, it has been so dry that the National Forest Service and State Park closed all of the surrounding areas to any hiking or activity. The fire danger is at extreme levels. The pine trees at higher elevations don't look very healthy as they have been dry for so long. However, there is a great park within the city of Santa Fe that we did most of our hiking in. Rachel enjoyed and learned a lot at her class. The class was taught by visiting artist Morgan Madison. I can't wait to see the new techniques she learned put to work in her art. I'm also pretty sure that I have a new tool list of possible Christmas/birthday/anniversary gifts to choose from.
We hear from Katelyn at least weekly, she is working 6-7 days per week on the campaign in Sarasota, FL. It sounds like she is working hard and enjoying the work. Hard to believe that she has already been there a month.
Garrett is staying busy this summer between his summer programming job, taking a class at KU and working out - he doesn't actually wind up with a lot of downtime. He has been going to the gym and weightlifting with me and I think he has been enjoying it. My earlier comment about running may have something to do with the fact that even though he may not be as strong as Dad he definitely is moving faster.
I'll catch you next time.
Phillip A. Rademacher, CFP®
Investing involves risk, and investors may incur a profit or a loss. All expressions of opinion reflect the judgment of Rademacher Financial, Inc. and the Research Department of Raymond James & Associates, Inc., and are subject to change. Past performance is not an indication of future results and there is no assurance that any of the forecasts mentioned will occur. The Dow Jones Industrial Average is an unmanaged index of 30 widely held stocks. The NASDAQ Composite Index is an unmanaged index of all common stocks listed on the NASDAQ National Stock Market. The S&P 500 is an unmanaged index of 500 widely held stocks. The Russell 2000 is an unmanaged index of small cap securities. The Bloomberg Barclays US Aggregate Bond Index is a broad-based flagship benchmark that measures the investment grade, U.S. dollar-denominated, fixed-rate taxable bond market. An investment cannot be made in these indexes. Russell 1000 Growth Index measures the performance of those Russell 1000 companies with higher price-to-book ratios and higher forecasted growth values. The Russell 1000 measures the performance of the 1,000 largest companies in the Russell 3000 Index, which represents approximately 90% of the investable U.S. equity market. As of the reconstitution on July 1, 2006, the average market capitalization was $11 billion; the median market capitalization was $3.5 billion. The index had a total market capitalization range of $309 billion to $1.3 billion. Russell 1000 Value Index measures the performance of those Russell 1000 companies with lower price-to-book ratios and lower forecasted growth values. The MSCI ACWI (All Country World Index) Index is a free float-adjusted market capitalization weighted index that is designed to measure the equity market performance of developed and emerging markets. As of June, 2007, the MSCI ACWI consisted of 48 country indices comprising 23 developed and 25 emerging market country indices. The developed market country indices included are: Australia, Austria, Belgium, Canada, Denmark, Finland, France, Germany, Greece, Hong Kong, Ireland, Italy, Japan, Netherlands, New Zealand, Norway, Portugal, Singapore, Spain, Sweden, Switzerland, the United Kingdom and the United States. The emerging market country indices included are: Argentina, Brazil, Chile, China, Colombia, Czech Republic, Egypt, Hungary, India, Indonesia, Israel, Jordan, Korea, Malaysia, Mexico, Morocco, Pakistan, Peru, Philippines, Poland, Russia, South Africa, Taiwan, Thailand, and Turkey.
International investing involves additional risks such as currency fluctuations, differing financial accounting standards, and possible political and economic instability. These risks are greater in emerging markets. Small and mid-cap securities generally involve greater risks. Companies engaged in business related to a specific sector are subject to fierce competition and their products and services may be subject to rapid obsolescence. There are additional risks associated with investing in an individual sector, including limited diversification. The performance noted does not include fees or charges, which would reduce an investor's returns. Asset allocation and diversification do not guarantee a profit nor protect against a loss. Debt securities are subject to credit risk. A downgrade in an issuer's credit rating or other adverse news about an issuer can reduce the market value of that issuer's securities. When interest rates rise, the market value of these bonds will decline, and vice versa. While interest on municipal bonds is generally exempt from federal income tax, it may be subject to the federal alternative minimum tax, state or local taxes. Material prepared by Rademacher Financial, Inc and by Raymond James for use by its advisors.
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Schelling Incidents and Schelling Points
Any of several major intersections, parks, or schoolyards may have seemed the natural place for a large number of riot-disposed people to gather following the acquittals in People v. Powell (the original Rodney King beating case) — which amounted to a Schelling incident, at least in part because it had been advertised as such for weeks by TV and newspaper accounts of the trial:
One can hardly doubt that many residents of South-Central bent on making trouble arrived at places they expected to be "focal" only to find them largely deserted. But Schelling's work implies that a substantial number of others would have guessed right — would have gone to a major intersection, Korean strip-mall parking lot, or other public space and found the crowd they had expected to find nearing its critical mass — waiting for some of the outliers from non-viable focal points to find their way to more promising locations.
But here is a problem. Those who selected a non-viable focal point — in other words, those who guessed wrong — would now have to find out where everyone else went in order to join them. How did they get this information? Los Angeles' television stations' aggressive news coverage of the disturbance from its very beginning seems to have played a key role. Within minutes after the verdicts were announced in Powell, minicam crews were doing news "live from the scene," letting everyone in town know where the trouble was. Innocents thus learned what neighborhoods to avoid; but non-innocents, who wanted to take part in the looting, also found out where to go.
Although inadvertently, the stations lowered the search costs for aspiring rioters. Without TV, other techniques would surely have been used by people hying to find out where to go in order to loot and burn with little fear of arrest. But the broadcast media are by far the best way to get accurate information to many people at once. Especially in spread-out places like Los Angeles, rioting would be less likely to occur if information about the location of viable focal points were harder to come by.
Inadvertently.
Posted in Crime, Policy, War | 1 Comment »
Alrenous says:
A functioning legal system never holds someone liable for an honest mistake.


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BA LLB Political theory-1 sample model Practice Question Answer Papers
THEORIES OF ORIGIN OF STATE(BA LLB political science NOTES)
Q. 1. Discuss the Evolutionary theory of the origin of the state. (BA LLB notes)
Ans. The origin of the state is shrouded in mystery. It is not possible to point out to any particular period of history when the state may be said to have come into existence: The political thinkers have tried to find out an explanation of the origin of the state and have offered several theories but none of them is a valid explanation. These various theories are mere speculations in the remote past and do not offer any convincing or scientific arguments to support their thesis. Some thinkers hold that the state was created by God; while others hold it to be the result of superior others regard it to be the product of human contrivance, while others regard it a mere expansion of the family. But none of these theories is held valid. In fact, the state is the result of a gradual process running throughout the centuries. The state, as Burgess puts it, is a continuous development of human society out of a family imperfect beginning though crude but improving forms of manifestation towards a perfect and universal organization of mankind." In this process of growth, several factors have played their part. These factors are-(i) Kinship, (ü) Region, (iii) War, (iv) Political Consciousness.
· Kinship – This is the earliest bond of unity. What bound the early people together was a belief in common descent. As MacIver puts it, "Kinship creates society and society at length creates the state." Belief in common descent, the dominance of a patriarch, respect for the rights and obligations among people of the same blood – all strengthened the bonds of unity and contributed to the form of early political organization. Though there is some controversy whether the primitive family was patriarchal or matriarchal and whether family or tribe was the earliest unit, yet it may be safely assumed that blood relationship remained the fundamental bond of union everywhere, and in training the primitive men to obedience and discipline the two main pillars of the state.
Religion – Next to kinship, religion has played the part in the growth of that consciousness which led to the emergence of the state. According to Cattell, "Kinship and religion were two aspects of the same theory". Religion in the earliest and most difficult periods of political development reinforced the sense of unity and respect for authority. It covered every act of human life. Every idea, every custom and every habit of primitive man was governed by religion. Religion
subordinated barbaric anarchy and taught reverence and obedience to the primitive people. Even today religion continues to play an important part in determining the nature of the state. The worship of Jehovah united the tribes of Israel. The Greek and Roman city-states grew up around the citadel on which stood the temple of the gods or goddesses. In Afghanistan religion has much to do with politics. Pakistan is the creation of religion. In England also the legacy of religion may be found in the coronation ceremonies. Thus, not only in primitive society but even in modern society it continues to exercise a powerful influence on the growth of political institutions. The influence of the priestly class in government and politics has been powerful throughout all history. Long after kinship has caused to bird the people together because of their expansion in their members, religion was a sufficient force to unite people dynasties and to create states.
War – War or force also has played an important part in the origin and development of the state. With the weaker of the tie of kinship application of force was necessary for the maintenance of peace and order. For the purpose of defense or aggression, the members of the group had to work converted under the authority of a recognized leader. A coercive force exercised by a powerful person developed into political sovereignty. In its beginning political organization was simple and it controlled only every few acts of the individuals but once political authority was established, it furnished the beginning for which the modern state could develop by extending its control over wider range of human activities. In the opinion of the German thinkers like Nietzsche and Trietchke, the motive that supplies the impulse to the forming of the state is love for power and passion for sell assertion. As one writer puts it, "Struggle and warfare are, therefore, historically most important elements in state formation.
Political Consciousness – By political consciousness is meant the recognition of certain ends to be attained through political organization. As soon as man emerged from primitive conditions, he felt a number of needs. The need for order and protection for person and property and the need for social, moral and intellectual improvement led man to recognize the need for the creation of some agency to control the manifold relations of the individuals. The growth of population and increase in wealth made this need felt still more. The state at first came into
existence merely as an Idea. Later on, it became a physical fact as the end of the political organization became evident. Gilchrist writes, "At the
beginning political consciousness is really political unconsciousness, but just as the forces of nature operated long before the discovery of the law of gravitation, political organization really rested on the community of minds unconscious, dimly conscious or fully conscious of certain moral ends present throughout the whole course of development." When political consciousness became mature, the state became complex in structure. Its functions increased and its area widened. Custom formerly enforced by religion grew into law enacted and enforced by a governmental authority. The instructive desire was replaced by conscious purpose. As Gettell puts it, "The primitive forces of kinship, religion, need for food and defense became the tool, as it were, of active minds willing something coherent and organized and usually improving their wills on individuals in the group and on other groups." ..
Economic Factor – In order to live, man must eat and to eat man must carry on some activity. The activities by which men secured food. and shelter and subsequently come to across wealth and poses property, contributed greatly to the evolution of the state. Among primitive peoples three economic stages prevailed – huntsman stage, the herdsman stage, and the husbandmen stage. Every one of the forms of economic life demanded a certain amount of cooperation among the people. Where the 'third stage (is husbandman's) reached land became the chief form of wealth, Social distinctions based on wealth increased. Hence there arose the need for laws to protect property and settle disputes cropping up due to property. According to Marx and Engels, it is the institution of private property which states class, society and leads to the emergence of the perpetuate the domination of the properties classes. MacIver also opines, that the interaction of the forces of sex and properly is highly significant in building the social structure."
Q. 2. In spite of the fact not a theory of the origin of state, why do accepting the social contract we study it? Explain state the Marxist theory of the state.
Social Contract Theory
Explanation of the Theory. According to this theory, the state has come into existence as a result of a contract. Before this contract, the man was in a state of nature. He made a contract' willingly compelled by his needs and the state came into existence, The exponents of this theory divide this period into two parts. (1) The state of nature of man. (2) The State posterior to contract. The exponents differ regarding the estate of nature. According to one, the man was very miserable in the state
of nature. There was always a state of war. According to others, the man was happy and prosperous in the state of nature; but all agree that there was happy and prosperous in the state of nature, but all agree that there was no administrative structure in the state of nature. There were no man-made laws: only a few natural laws were followed. Hence man passed a life in accordance with his own will. All the scholars of social contract theory on this point: that the state of nature was whether miserable or full of happiness, people wanted to get rid of it. Due to a natural contract, all accepted restrictions on is liberty and then their rights were partially lost. They were protected according to the laws of the newly formed state. They accepted to abide by the laws of the state, and this was a part of the contract; in this men acquired state made laws instead of their own in the state of nature. There is much difference of opinion among the scholars as to what were the conditions of the contract and who were the parties to it.
Development of the Theory. In India too this theory finds support. In Shanti Parva of Mahabharat, it has been explained in detail. According to its, there was anarchy on all sides in the absence of the state. The strong had begun to oppress the weak. Under the circuṁstances, all collected together and went to Brahma. They explained their difficulties and insisted on the appointment of a king. Brahma appointed Manu. as the king. According to the contract, people accepted to part with a portion of their wealth and hand it over to Manu and besides his, promised him to provide many facilities. Accordingly, the highest honors were showered on Maharaja Manú. According to this contract, it was settled that Manu will punish wrongdoers and oppressors and will protect people from enemies. In Kautilya's Arth Shastra too there is a reference to this theory.
In western literature, we find a clear form of the theory. Plato and Aristotle have not supported this theory. Though in the beginning, the church held that the state was the result of man's sins, but subsequently, it also admitted that the king' as a result of the mutual contract. Manegold said in the 11th century, that is the king did not behave in accordance with the contract, he can be dethroned. Thomas Aquinas also supported this theory in the 13th century. In the 16th and 17th Centuries, many philosophers supported this theory. Richard Hooker and Grotius are also advocates of this theory. But the strongest exponents of this theory were Hobbes, Locke, and Rousseau following are given the ideas of these three exponents-in details :
(A) Social Contract Theory of Thomas Hobbes
Hobbes. (1508-1679) He as an English philosopher and had been the tutor of Charles II, In those days, there was a conflict between the king and the subjects. Hobbes was a strong advocate of the power of the king. He believed that in England only a powerful monarchy could establish peace and order. He advocated for absolute Monarchy in his
book 'Leviathan'. '
(1) Human Nature. Hobbes did not regard man a social being. The man was unsocial selfish, corrupt, and self-centered. The joy and grief incite him. He does what he likes. The things that grieve him, he hates. As the man by nature, selfish or corrupt he works closely, to acquire his object. The becomes enemy in this struggle and does not hesitate from shedding blood. Hobbes believes that the ego, the fear, and best for fame are the responses to ignite the struggle.
(2) The state of Nature. Hobbes has described the state of nature in the first part of his book according to which man was then unsocial, selfish and treacherous. He did not feel joy in living together. Man executed his functions having selfishness and fear in view. Whatever he did, he did 10 serve his selfish end ends and whatever he refrained from was due to fear, A man of such nature passed a life with no restrictions in the state of nature. Naturally, there was always a state of quarrel and warfare among the people. Men quarreled among themselves to obtain articles of their needs. Hobbes says, "The life of man in the state of nature was solitary, poor, nasty, brutish and short." The spirit of passing a peaceful life gave birth to a social contract.
Characteristics of State of Nature. Following are the
characteristics of the views expressed by Hobbes on the State of Nature : (a) This was the age prior to the State when man was uncivilized, (b) There was no peace, (c) There was no justice, "might is right" was the rule, (d) Constant struggle among men was the order of the day, (e) Fear of violent death was imminent. (1) There was no property.
(3) Social Contract. Man created a powerful organization by means of a contract amongst themselves. All handed over their powers to one individual or group of individuals and accepted to obey his orders. Each individual says to another thus, "I authorize and give up my right to governing myself to this man or to this assembly of men on this conditions that those gives the right to him and authorize all his actions in like manner." (Hobbes) According to this contract a state was born in which people had no right to oppose even a bad ruler.
Treason or opposition of the state carried capital punishment because such an individual does not abide by the contract.
Characteristics of Social Contract: Following were the characteristics of contract advocated by Hobbes :
(1) The contract was one-sided: According to Hobbes the contact was made amongst the people themselves; the king was not a party to it. Hence the power of the king was not limited and be bound by the contract people could not oppose the king.
(2) The ruler is not responsible to anybody: The laws will be made with the will of the ruler, hence this law will not be applicable to the ruler. He will not be responsible for any physical power.
(3) No right to speech: In this Leviathan Hobbes does not give freedom of speech to people. The ruler can impose restrictions on religious freedom also.
(4) The ruler can impose property tax: The king can declare war or can make peace. He has also the right to impose property tax; because he is the source of property.
(5) Sovereignty is indivisible: According to Hobbes sovereignty is indivisible. Even the king has no right to alienate or transfer it. Criticism
(1) Contemporary opinion: In Hobbes's times this theory did not find support. The public as well as the Royalists both disliked it. The displeasure of the public was natural because Hobbes's theory was a commandment to the public to pass the life of a slave. He advised the people to perform duties and deprived them of rights. The Royalists too could not support Hobbes's theory because till then the origin of the state was regarded as divine and Hobbes, for the first time impressively established that the state is man-made, hence Hobbes's theory was opposed. The supporters of the monarchy were not ready to accept a tyrannous and worthless king. But Hobbes did not believe in the opposition of the king. Clarendon had for this reason ordered all the copies of the bus book to be destroyed. "I never read any book which contains so much sedition, treason, and impiety." (Clarendon).
(2) is not based on reason: Hobbes's arguments are not even rational because :
(a) Hobbes says that man was selfish and quarrelsome in the state of nature and in future those very selfish and quarrelsome people
formed the state judiciously. In fact, such a contract is possible only in a very civilized and peaceful society.
(b) in the state of nature, there always was a state of war and man was unsocial. This fact is not admissible in the present age. Today it is recognized by all that man has always been a social animal. Even in animals herd instinct is present.
(c) The fact that men who were quarrelsome in the state of nature became obedient all of a sudden with the formation of the state ; is also inadmissible.
(d) Hobbes says that people should abide by the contract under all circumstances. This fact also is not rational; because man does everything for the purpose of serving his ends and rejects everything at the clash of self-interest.
In this way, Hobbes's arguments are not based on reasons.
(3) It is not complete from a practical point of view. Hobbes's view is not complete from practical point of view, (a) In the modern age, the aim of the state is the fulfillment of many duties to the people but the state of Hobbes is confined only to police action; there is no aim of ethical and material advancement of the people. (b) Hobbes did not make any distinction between the state and government and makes use
of the one for the other, ; (B) Social Contract Theory of John Locke
John Locke (1632-1704) was also an English philosopher. He supported the success of the Glorious Revolution. According to him dethronement of James II and the accession of William and Mary to the throne was justifiable. He opined that in any state decision of the people should be above everything. He said that state was a manmade association; its basis is not divine for natural but is the assent of the people and sovereignty is also inherent in the people. In fact, Locke supports constitutional Monarchy.
(1) Human Nature. Locke does not agree with Hobbes with regard to human nature. His man is cooperative, tolerant gracious, and peaceful. He embodies love, mercy, sympathy, unity, and sincerity, and has human and spiritual qualities. He believes in equality because he . sees it in nature.
Locke admits that all human activity is directed towards the achievement the joy or grief, what gives him joy is good and that which grieves him is bad for him. Man is peaceful as against quarrelsome (Hobbes) and works for moral and natural goals.
(2) The state of Nature. Like Hobbes, Locke also describes the state of nature which is totally different from
that of Hobbes. Hobbes mentions
the absence of political or social spirit in the state of nature but Locke
admits that in spite of absence of political consciousness man was full of social spirit. He felt happy in passing a corporate life. He was not selfish and quarrelsome. According to Locke men's needs then were very few which were easily satisfied by him. At that time there was some natural law also which regulated his life. He enjoyed rights of life, liberty, and the property also. All men were equal and acted on the principles, "Do unto others as you wish to be done by". For this reason, the man was happy in the state of nature.
According to Locke, this happy state of affairs did not last long. Gradually many inconveniences crept in. The first inconvenience was that there is no definite definition of law, everybody twisted the facts in his own favor. Secondly, in the absence of judges, everybody decided cases himself according to his whim. To get rid of these inconveniences people made a contract.
(3) Social Contract. People mutually made a contract to end the state of nature, and as a result of this contract society came into existence. People did not surrender to the society all their rights, but only those of protection of life, liberty, and property and punishing the accused. Locke makes a mention of another contract also which was made between people and rulers; this contract led to the establishment of government.
Characteristics of the Contract. Three things become clear from Locke's contract theory :
(1) The contract was made between the parties: Unlike Hobbes contract, this contract was made between two parties. It imposes some conditions on the ruler. If the ruler does not rule justly, the public can remove him.
(2) The ruler does not possess unlimited powers: According to the contract, the ruler possesses only limited powers i.e., only the rights of protection of life, liberty and property and punishing the accused are surrendered by the people. The government cannot do anything without the consent of the people; hence rulers are not given unlimited powers.
(3) Locke is the first to distinguish between the state and the Government because he has advocated for the fulfillment of two contracts. This is his great contribution.
Criticism. Locke's theory can also be criticized on many grounds.
(1) Locke states the man of the state of nature as the most civilized
and social. He possessed properly, he was bound by natural law,
respected one another and passed a just life. Under the circumstances, it cannot be believed how he passed such organized life in the absence of government.
(2) Today it is universally admitted that rights can be acquired only in the state. The state not only gives rights but also arranges for its fulfillment. People could not possess rights of life, liberty, and property in Locke's state of nature.
(3) According to Locke, the state is an assembly of people who cannot have any moral him. Its function is confined only to a watchman. (C) Social Contract Theory of Rousseau
Jean Jacques Rousseau (1712-1778) was a French philosopher. In harmony with the absolute monarchy of Hobbes and constitutional monarchy of Locke, he has stressed individual liberty. He wanted to annihilate the social and political complexities of his times. His ideas created a revolution in Europe, especially in France. This is why Rousseau is called the fore-runner of the French revolution. His book Social Contract was published in 1762 in which he advocated theories of direct democracy and equality and completely denounced the social privileges. He opined, "The farmers, laborers and other people of the middle class should have equal rights."
(1). Human Nature. Rousseau's man (like that of Hobbes) was neither selfish, proud, cruel, vain, corrupt, aggressive and struggling nor (like that of Locke) peaceful, just, tolerant and loving but wild. He could not discriminate between good and bad; moral and immoral. In the natural state, he was not proud, vain, corrupt or harmful and lived a life of freedom, contentment. He lacked quick decision, speech, and justice and was given to self-love and self-preservation. His behavior reflected them. Civilization created evil tendencies in him.
(2) The state of Nature. Rousseau also begins his study with the state of nature of men. He regards the man of the state of nature better than of the social and political state. Before the state, his man was also unsocial. He possessed no cunningness, artfulness, jealousy, hatred, and fear. He moved freely and his needs were very few which were fulfilled without much difficulty. There was an abundance of everything in the state of nature and therefore there were no quarrels and all passed their lives in love and affection. This is why Rousseau advises men to return again to the State of nature. This amicable happy life did not last long. Increase in population, and the prosperity of industries led to mutual conflicts. Some possessed more and some less land; the equality
of the society came to an end. Rousseau says, "The first man who, after enclosing a piece of ground, bethought himself to say, this is mine and sound people simple enough to believe him, was the real founder of civil society, (Rousseau), He thinks that the spirit of selfishness led man to establish a civil society."
(3) Social Contract. As the wants of men increased, conflicts among them also began to multiply and their happy life came to an end, Sin and corruption reigned supreme. Hence to get rid of this state and to get again the pleasure like that of the state of nature, men mutually made a contract. Rousseau says, "Man is born free but everywhere he is in the chain. One who believes himself to be the master of the rest is only more of a slave than they. How does that change come about? I do not know. What can render it legitimate? That question, I think, I can answer." (Rousseau). In this way, Rousseau determines the relations between society and the government. In fact, harmonizing political society and liberty which are contradictory to each other in his social contract.
To solve the above mentioned knotty problems, Rousseau says, "Each of us puts into a single nian his person and all his power under the subphrenic direction of the general will, and we receive as a body each member as an indivisible part of the whole." (Rousseau). In this way, man sacrificed all his powers for the society and they were surrendered to the general will and each person became a part of the society. This constituted the state which was based on general will because in this general will evolves the sovereignty of the state. Suppose A, B and C surrender all their rights to the group of A, B, C; all gained by it and none lost anything; because such surrendered those rights which were surrendered by others. In this way, in return for our rights surrendered to the people society, we got in exchange again some of the rights surrendered by other people. By this, whereas on the one hand a collective power was created, on the other all got equal rights. Characteristics of Rousseau's Social Contract
(1) Acquisition of happiness in Natural State: Man was happy in a natural state. With the rise of population and introduction of scientific inventions, competitions increased. Tendencies of selfishness and Inhumanity surfaced. This deprived him of natural joy. His life became competitive and miserable. He wished to return to the natural state,
soon he found it impossible, then he strived to retrieve natural joy through social contracts.
(ii) Contract with the entire society: Rousseau's individual enters into a contracts with the organized group of men. A, B, C, and D separately as individuals, enter into the contract with the collective group comprising of A, B, C, and D. The individuals part with some of their natural rights not to a man or a group but to the entire people society.
(iii) The individual retrieved his rights: In Rousseau's Social Contract Theory on individual loses nothing. The rights he surrendered to the society, retrieved them as its member.
(iv). The contract established a Sovereign State: The members, of the society surrendered their rights, of their own will, to the society. Every man is, therefore, an indivisible part of the sovereign society. The sovereignty of the state rest in the general will of the people.
What is meant by General will.
The principle of general will in the theory of Rousseau is important and interesting. This is his great contribution to political philosophy. It is original and serves as the basis of his views. He sometimes refers to it as the will of all the individuals and sometimes the will of the majority, He asks the individual to obey the state. It appears that he makes his individual lose his rights. The general will of the state becomes oppressive and on the other hand when he employs general will for the welfare of the people, then he strengthens the concept of democracy.
Rousseau defines general will is the 'will of the people and applicable to all general will is the will. Which must come from all and apply to all and what makes it general is less the member of voters than the common interest uniting them – Rousseau. Explaining the general will Bosauquet says that. The general will is the will of the whole society as such or the will of all' individuals in so far as they aim at the common end (of all) – Bosauquet.
'Common consciousness of the common end' – Green Rousseau explains general will in context with the group and says that if the members fail to care for the general good of the group then the group can not achieve its objectives. Such general-good reflects the general will – General good is the basis of general will. He does not feel the will of all of the will of the majority, or will of minority, necessary for the general will. If all of them reflect selfishness has they can express the general will. General will have no relation with general harm: It is not the number that is important. It is the general good that should be reckoned.
Rousseau finds the actual will and real will in an individual. He says actual will is false, selfish, narrow, irrational, unstable, and unethical. Real will is rational and aims at the general good of the people. It is self-less and aims at the welfare of the people. Ideal will synthesizes the general good of the people. "An organization or synthesis of the real will of the individuals comprising society-Ashirvatham.".
Highlighting another aspect of the general will, Rousseau says that, is an individual overlooking the ideal will insists upon actual will because of his vested interest should be compelled by the society to fall in life and think independently.
"Whenever refused to obey the general will be compelled to do so by the whole body. This means, nothing less than that he will be forced to be free — Rousseau."
Main features of the general will. In the light of the discussion following are the four main features of general will –
(1) General will reflect the general good of society.
(2) The number is of little importance in determining the general will. It may by majority or minority but the will that goes along with the good or welfare of the people is a general will.
(3) General will embody the ideal and real wishes of all the individuals.
(4) if an individual works for his narrow selfish ends, the society would force him to do the general good. Criticism of Social Contract Theory
After the death of Rousseau, this theory lost its importance in the 17th Century. In the 18th Century, it was bitterly criticized. This criticism can be classified under three heads :
1. Historical
(a) No mention in History. There is no mention as to when, where and how this contract was made. If there was any such contract, we must have not got some reference to it in history. Therefore, this theory is not historical.
(b) The formation of the state through war and conquest. In fact, many states were formed through war and conquest, and not on the basis of the contract.
(c) The description of the state of nature is merely an imagination. On the basis of much research, it has been admitted without opposition that man never lived so happily in the state of nature as he has been
described in the social contract theory. Man has always been a social creature and the description of the state of nature is purely a fantasy
(d) The concept of the establishment of the state is misleading. If we admit that man ever lived in a state of nature; the man having no experience formed the state by means of the contract is pure imagination
and misleading.
2. Philosophical
(a) A weak basis for the formation of the state. The formation of a thing based on contract is always weak, but the contract is made by assent and the lack of it can lead to its dissolution. Under the circumstances, the state will be disintegrated. Therefore, Bluntschli, says that the basis of the social contract is a very weak base for the formation of a state.
(b) Acquisition of rights in the state of nature. Right, exist or.ly in society. The question of rights apart from society does not arise. According to T.H. Green ", the real flaw in the theory of contract is not that it is unhistorical but that it implies the possibility of right and obligations independently of society'.
(c) Obedience to orders is not possible on the basis of assent. It has also been said against social contract theory that on the one hand, it accents assents as the basis of state and on the other, it stresses obedience to the orders of the state. In fact, obedience of orders is not essential on the basis of assent. We do not obey an order because all agree to it.
3. Legal
(a) The theory is defective from a legal point of view. The basis of the social contract is its assent. There is no political power which can compulsorily enforce obedience; because the state was established by contract, hence it is defective from a legal point of view too.
(b) The future generation is not bound by the contract. Some scholars say that only those people who made the contract are bound by it. The posterity cannot be compelled to accept it.
(c) The contract among individuals does not create public rights. One more objection is that the contract between individuals can bear only individual rights, and not public rights.
Q. 3. Discuss the Evolutionary or Historical theory of the origin of the state.
Ans. The Evolutionary Theory
In the modern age the theory which is accepted almost
unanimously by all scholars is the Evolutionary or Historical theory. According to this the state has evolved with the social evolution of man and has been the state in all states. However much unevolved might have been its form. According to Burgess, "It is the gradual realization of the universal principle of human nature." It this way the state has a gradual evolution. The form of the state might have been awkward and incomplete in the beginning, but gradually along with the purification of social organizations, the form of state too became lucid and led to the evolution of the modern state. According to Leacock, "State is the result of gradual process running throughout all the known history of man and leading into the remote and unknown past." Garnier rightly remarks, "The state is neither the handiwork of God, nor the result of superior physical force, nor the creation of revolution of convention nor a more expansion of the family. The state is not merely an artificial creation but an institution of natural growth of historical evolution."
The above statement proves that the state was evolved from that form of human society in which man would be living in a savage state, killing animals and eating their sesh. At that time society would be in an anarchic state and man might be living in groups. There might be a chics of the groups, obedience to whose orders would be compulsory. Gradually cattle were regard and their milk, skin, etc. began to be consumed. Now property came into being. The tribe possessing more cattle might have been considered wealthier. The invention of agriculture made stable life possible and the form of the society was further improved. In fact, society made rapid progress from this state. Industrial state ushered in the modern complex state. On the basis of the explanation, we can say that the state underwent a gradual evolution.
Factors helping the evolution of state
Contribution of several elements is present in the evolution of state. At some age one element and at the other, some other element has made it, contribution. Sometimes the form of state was evolved as a result of several elements combined, together. We described all these in detail in the following:
(1) Social Instinct. According to Aristotle man is a social creature 1.e., he has an inborn instinct to pass a corporate life. He cannot live in society. The evolved form of this social instinct of man is a state.
(2) Kinship. Kinship is the earlier bond of man's social unity. nen a man passed his life patriarchal families, he lived together due
blood relationship. He learned the equality of obedience from the family. This is very equality is the basis of a political association, i.e., the state. It is essential to obey the head of the family. This very essentiality is applicable to the obedience of orders of the state. Though many scholars agree to this fact that the state is an evolved form of the family; but they differ in the process of this evolution. When the number of families increased, they constituted clans and tribes. The orders of the Patriarch of the chief of the tribe were willingly obeyed by the people of that family or tribe. This tribe gradually was transformed into a state and the orders of the chief into the obedience of rulers orders. Kingship has played a very important part of building a man in unity. Maclver says "Kinship creates society and society at length creates the state."
In this way, kinship contributed to the creation of the state in very old times because if created unity in society.
(3) Religion. Religion came into strengthening the bonds of unity created by kinship. The formation of society began on the basis of kinship and religion. History is evidence that there was no specific form of religion in that age. This spirit began with the worship of ancestors and gradually evils spirits and ghosts were included in it. In fact, he began to worship all forces which were beyond his comprehension and from the bad effects of which he wanted riddance. These included many forces of nature like thunder, lightning, wind, and water, etc. Rules and methods of worship of these forces were determined. Religious, teachers and Mahants assumed importance who performed sites. The man of that age attached great importance to religion. In this way, religion led to the gradual formation of the state. The close relationship between religion and politics is influencing many societies even today. In modern days, there are many states with which own a definite religion.
(4) War. War greatly contributed to the formation of the state. Man has always been a lover of peace and follows people who protect him. It became essential to obey the powerful for defense in war. The impress of his leadership proved permanently helpful in exacting obedience. Conquests established the supremacy of warriors and they captured a definite territory and ruled over it. In this way, along with the people of kinship, people of other tribes were also forced to obey the conqueror. "War begot the king." On the basis of this saying, Galetan has said that this saying is at least semi-true; because from family life, the political form can be created only on the basis of military force.
(5) Economic needs. With the evolution of man's social life, his economic needs also to increase. Due to the multiplicity of wants people's
economic interests clashed and quarrels and conflicts increased. From primitive age, such cases had been settled on the basis of customs but in the evolved society necessity was felt for definite laws to settle these disputes and for some association who could exact obedience to these laws and this led to the evolution of the state.
In civilized society man's want multiplied to such an extent that he also wanted the help of some powerful association for their fulfillment: The state fulfilled this need. In modern days, according to many theories, the basis of the state is economic and political.,
(6) Political consciousness. Aristotle calls a man a political being, but a primitive age man was especially influenced by kinship and religion. Political consciousness was not created. The man accepted a thing because it was said by the head of his family or was in accordance with the tenets of the religion. It is rational or not, was in the material. In modern days, man has become politically conscious and he understands the necessity of the state. The state is most essential for self-protection, the fulfilment of needs, the establishment of law-and-order, and on this basis man can evolve himself. Today he does not obey the orders of the state due to emotions. Men have framed states according to their notions; somewhere we find democracy and monarchy elsewhere. In this way, political awakening has established the extremely-evolved form of state.


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State v. Nugent
Document Cited authorities 4 Cited in 4 Precedent Map Related
Court Municipal Court of New Jersey
Writing for the Court KIRSCH
Citation 152 N.J.Super. 557,378 A.2d 95
Decision Date 07 September 1977
Parties STATE of New Jersey, Plaintiff, v. Daniel J. NUGENT, Defendant.
152 N.J.Super. 557 378 A.2d 95 STATE of New Jersey, Plaintiff,
Daniel J. NUGENT, Defendant. Municipal Court, City of Hackensack, New Jersey. Sept. 7, 1977.
J. Noble Sellarole, Municipal Prosecutor, Hackensack, for the state.
[378 A.2d 96] James P. Patuto, Hackensack, for defendant.
KIRSCH, J. M. C.
This action involves the sole issue of whether defendant is to be penalized as a first or second drunk driving offender pursuant to N.J.S.A. 39:4-50, as amended, and as effective May 25, 1977.
The facts are not in dispute. Defendant pleaded guilty to driving while under the influence of an intoxicant on April 22, 1977 and requested, as allowed, to be sentenced under the penalties of the amended law. Defendant admits that on September 23, 1975 he was convicted of violating N.J.S.A. 39:4-50(b), then known as the "impaired" driving section of the drunk driving law.
Defendant contends that he should not be penalized as a second offender for the reason that his present conviction under the May 25, 1977 law would expose him to ex post facto hazards. He insists that the elements of this new 1977 law, as well as the standards of proof required to convict, are distinctly different from the law as it existed on the date of his prior conviction, September 23, 1975. These contentions cannot be sustained.
The new 1977 law is not substantively different from prior drunk driving laws. See N.J.S.A. 39:4-50 et seq., as amended, L.1952, c. 286, § 1; see also, N.J.S.A. 39:4-50 et seq., as amended, L.1966, c. 141, § 1, effective September 18, 1966. A reading of the present and prior drunk driving statutes leaves no doubt that the same offense is created by these drunk driving laws.
The penalties of the present and prior statutes do differ. The 1952 law and the 1966 law mandatorily required a first offender to forfeit his right to operate a motor vehicle in the State of New Jersey for a period of two years, and, as a second offender, mandatorily forfeit driving privileges for a period of ten years and serve three months in jail. The new law reduces the penalty markedly, favoring treatment
and rehabilitation over extremely oppressive punishment. Revocation periods are no longer mandatory but discretionary. Under the present law a first offender must forfeit his license for from two to six months; and second offender for one to three years, within a court's discretion. Jail terms are discretionary, as are monetary fines.
As a...
4 practice notes
State v. Oliver
Superior Court of New Jersey
...and are not violative of ex post facto provisions of federal and state constitutions); State v. Nugent, 152 N.J.Super. Page 548 557, 378 A.2d 95 (1977) (generally, additional punishment for recidivists does not necessarily create ex post facto problems where additional punishment comes as a......
Hawkins v. State, No. 74
Court of Appeals of Maryland
...125 Ill.App.3d 109, 80 Ill.Dec. 554, 465 N.E.2d 666 (1984); State v. Campbell, 9 Kan.App.2d 474, 681 P.2d 679 (1984); State v. Nugent, 152 N.J.Super. 557, 378 A.2d 95 (1977). State v. Acton, supra and State v. [486 A.2d 184] Levey, supra were both cases in which an offender pleaded guilty t......
State v. Phillips
...safeguards than the drinking-driving laws discussed in the cases cited. Finally, it must be noted that in State v. Nugent, 152 N.J.Super. 557, 378 A.2d 95 (Mun.Ct.1977), the court expressly held the defendant to be a subsequent offender under N.J.S.A. 39:4-50, as amended by L.1977, c. 29, b......
State v. Culbertson
New Jersey Superior Court – Appellate Division
...concedes that increased penalties for subsequent offenses do not present any ex post facto problems. We agree. See State v. Nugent, 152 N.J.Super. 557, 378 A.2d 95 (Mun.Ct.1977), and State v. Phillips et al., We hold that convictions under the statute (N.J.S.A. 39:4-50) as it existed prior ......


During the course of its work in Afghanistan, the SPS program has identified multiple challenges confronting the pharmaceutical system in Afghanistan that combine to limit the access to quality pharmaceuticals by the Afghan population. These challenges include weak enforcement of pharmaceutical policy and regulations and increased availability of pharmaceutical products of low and/or questionable quality from neighboring countries. In order to examine this issue further, SPS sought and was granted approval from USAID to conduct further investigations into the financing of essential medicines in Afghanistan.


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Mrs. Palfrey at the Claremont 2005
Mrs. Palfrey at the Claremont is a charming story about an older widow who wants to experience life in the supposedly grand Claremont Hotel in London England. She is slightly disappointed by the shabbiness of the hotel and very disappointed by the neglect of her family, particularly her only grandson who lives in London but doesn't visit or even return her calls. She ends up befriending a young man (Ludo played by the gorgeous Rupert Friend) of about the same age as the neglectful grandson Desmond, after falling outside his flat and a lovely story unfolds.
Dame Joan Plowright, third and final wife of Sir Laurence Olivier and gem of the British cinema and stage is perfect as Mrs. Palfrey. Apparently she and Rupert Friend hit it off immediately, Rupert having been coached by his then girlfriend Keira Knightley as they were filming Pride & Prejudice at the time.
The story is from a 1971 novel by Elizabeth Taylor (the English novelist not the American actress) and was inspired by the novelist herself meeting a young man under similar unfortunate circumstances. It was truly genius to turn an incident in her life involving a skinned knee and a rescue by a lovely young man into a rich and touching story, perfect for adaptation to film.
Zoe Tapper who plays Gwendolyn, the love interest of Ludo (Rupert Friend) was so familiar looking but I couldn't place her. Well, turns out I had just seen her in Mr. Selfridge, the ITV series about the beginnings of the famous department store in London, which is airing in Britain now and will be on PBS starting March 31st 2013. She is a great actress in both Mrs. Palfrey and Mr. Selfridge (that sounds weird doesn't it?).
This film really makes me want to see Brief Encounter as well which is referenced in the film. I love how watching one film sometimes brings you to another, which you never would have found otherwise.
The writer and director, Dan Ireland is a fellow Canadian and apparently is quite adept at making a wonderful film on a shoestring budget. He has another film from 1996 called The Whole Wide World starring Renee Zellweger and Vincent D'Onofrio about a romance between a Texas schoolteacher in the 1930s and the pulp fiction writer Robert Howard (Conan the Barbarian). Apparently it has one of the hottest on screen kisses ever! Can anyone else verify this? Should we all run out and see this one too?
The Averard Hotel used for both exterior and interiors of The Claremont is no longer a working hotel as it was when this was filmed. However, Beaulieu Palace House is open to visitors daily and is just south of London. It has a Motor Museum on the grounds too for anyone wanting to check out their Bond Car Exhibit this year.
In any case, this film is adorable and if you get the chance to see it you will not regret it. It is not a barn burner but it will stay with you long afterwards, in the best possible way.
Labels: Anna Massey, Averard Hotel, Beaulieu Palace House, Dan Ireland, Elizabeth Taylor, Joan Plowright, Mrs. Palfrey at The Claremont, Robert Lang, Rupert Friend, Zoe Tapper
Nantz March 20, 2013 at 12:29 PM
http://www.youtube.com/watch?v=4ORPjWib5kI Done in just ONE take!
Hello Nantz. Thanks for the link to "The Best Kiss Ever Onscreen- The Whole Wide World". Sounds like we all need to check out that film too!
Mercy Buckets!
Janeheiress March 20, 2013 at 12:42 PM
I watched Brief Encounter because of this film! A lovely film (what David Lean film isn't?), although quite sad.
Hi Jane. Will check out Brief Encounters when I need a good sad film. Thanks!
Lady Disdain March 21, 2013 at 2:36 AM
Ahh, I loved this film! It was quite sweet and touching - I love stories of relationships unfolding from accidental or brief meetings. And it made me want to see Brief Encounter as well. And read the novel!
Hi Lady Disdain.Yes, I am glad I bought this one because I will want to see it again. The novel is now on my "to be read" list and Brief Encounter will cross my path at some point soon!
Kate Gorman March 26, 2013 at 2:30 PM
I've never heard of this film but I'm glad you enjoyed it, Jenny. I highly recommend Brief Encounter, it is one of my favourite films.
Hi Kate! I know you love the old films so I'm not surprised that you have seen Brief Encounter. Thanks for the recommendation!
Kate Gorman April 14, 2013 at 7:46 AM
Hi Jenny. I own Brief Encounter on DVD. It is a lovely film and I hope you enjoy watching it.
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Home Article WHAT'S JEFFREY ROSEN'S BEEF WITH SONIA SOTOMAYOR?
WHAT'S JEFFREY ROSEN'S BEEF WITH SONIA SOTOMAYOR?
Jeffrey Rosen admits that he hasn't "read enough of Sonia Sotomayor's opinions to have a confident sense of them," and he adds that he hasn't "talked to enough of Sonia Sotomayor's detractors and supporters to get a fully balanced picture of her strengths." Still, he's comfortable putting into print anonymous evaluations of her character and intelligence, concluding that she's possibly "not that smart." Matthew Yglesias notes that "you don't see a lot of dumb kids growing up in the South Bronx and winding up at Princeton." What Matt doesn't understand is that Sotomayor's journey from BX to Princeton proves that she's not that smart, because everyone knows that minorities only get to the Ivy League by not being white.
Rosen's opinions on the subject are particularly suspicious because, back in January, when asked by The New York Times to offer a confirmation question to Eric Holder, Rosen asked:
Do you agree with Mr. Obama's implication that the Supreme Court needs someone who will side with the powerless rather than the powerful? What if the best nominee happens to be a white male?
As attorney general, Holder has no official role in naming people to the Supreme Court. Rosen simply chose this moment to get on his soapbox and let the world know how hard white guys have it getting named to the Supreme Court, given that white guys only get named 96 percent of the time. Months later, Rosen pens an anonymously sourced hit piece on a Latino woman who is a likely candidate, charging that she's not that smart, based on anonymous gossip and his not having looked closely at her opinions. Rosen's real problem with Sotomayor may be that she's not that white, and not that male, and therefore not that qualified. By his own admission, it's not based on anything substantive.
Blog: TAPPED Sonia Sotomayor


Mercury is too close to the sun and is not visible presently. The tiny planet passes behind the sun (superior conjunction) on January 30, and will reappear in the evening sky during the second week of February.
Venus is the dazzling Morning Star that dominates the southeastern sky at the end of the night and at dawn. It emerges above the east-southeast horizon 3 hours before sunrise; at dawn, it stands about 20 degrees high in the south-southeast. Not quite as brilliant, Jupiter also shines in the same area of the sky: in fact, the two brightest planets lie within 3 degrees of each other from January 21 to 24, and they're separated by less than 2 ½ degrees on the morning of January 22. On the morning of January 31, the thin lunar crescent lies between Jupiter and Venus, just 2 ½ degrees to the right of the Morning Star. The next morning, February 1, the thin lunar crescent hangs between Venus and Saturn.
Mars is still receding from Earth and slowly fading. But the Red Planet remains an easily identifiable object: it appears at dusk about 50 degrees high in the south-southwest, and sets in the west after 11:00 p.m. On the evening of February 10, the waxing crescent moon lays degrees to the left of the Red Planet.
Jupiter is now easy to see in the southeast at the end of the night and at dawn, near dazzling Venus. In fact, the two brightest planets lie within 3 degrees of each other from January 21 to 24, and they're separated by less than 2 ½ degrees on the morning of January 22. On the morning of January 30, the waning crescent Moon hangs 7 degrees to the upper right of Jupiter. The next morning, January 31, the thin lunar crescent lies between Jupiter and Venus.
Saturn passed behind the sun (conjunction) on January 2. The ringed planet will reappear at dawn during the last week of January: scan the southeast horizon with binoculars between 45 minutes and one hour before sunrise looking for a pinpoint of light in the colours of dawn.


UK Foreign Minister Robin Cook has visited the site of an alleged massacre in southern Kosovo, describing it as a vision of hell.
He is one of four European foreign ministers in the province on Wednesday to review progress in restoring peace.
As the politicians toured the region, the Swiss Government announced it had frozen the assets of Yugoslav President Slobodan Milosevic and four other war crimes suspects.
It said the move was at the request of the International Criminal Tribunal for former Yugoslavia.
Mr Cook travelled to the village of Velika Krusa to observe a scene of mass killing being investigated by a UK forensic team for the tribunal.
He told the BBC that he felt "horror that anybody could carry out acts of such barbarity".
James Robbins reports: "Mr Cook was spared nothing of the detail"
He praised British forensic teams gathering evidence at the site, and said "the evidence must be watertight" to prepare for future war crimes tribunals.
Mr Cook and the French, German and Italian foreign ministers are the first senior Western politicians to visit Kosovo since the end of the Nato bombing campaign.
They were due to meet senior international officials and ethnic Albanian leaders, and visit areas of the province patrolled by troops from their respective countries.
The BBC's Barney Mason in Velika Krusa: "A hushed, sombre scene"
Cook: "A vision of hell"
Mr Cook delivered a similar message. He said Kosovo Albanians had "an exciting chance to break out of the cycle of violence" and build a democratic, self-governing Kosovo.
He also appealed to Serbs not to flee the province, saying: "You don't need to leave. The peacekeeping force is here to protect you as well."
However, he faces a stiff task convincing the Serbian minority, which is increasingly bitter and fearful. Many Serbs are terrified of reprisals by the Kosovo Liberation Army.
As the European ministers headed to Kosovo, Russian Defence Minister Igor Sergeyev said Russian paratroops could fly to the province on Monday to bolster Russia's existing 200-strong contingent, subject to a parliamentary vote.
Mr Sergeyev is to discuss the deployment with the Duma and with Foreign Minister Igor Ivanov.
On Thursday he will appear before senators, some of who strongly oppose Russian involvement in Kosovo.
On Tuesday, two elderly Serb civilians were attacked and killed in their homes in the town of Prizren, apparently by ethnic Albanian civilians armed with an axe.
Both bodies had been badly mutilated by the time German K-For troops arrived on the scene. One eyewitness said the woman had been virtually decapitated.
The motive appears to be revenge for what happened to ethnic Albanians at the hands of the Serbs during the conflict in Kosovo.
Now, some 50 Serbs - most of them elderly - have gone into hiding, under armed guard from K-For troops.
With the air war now over, fighter jets and other US warplanes sent to Europe as part of the allied bombing campaign are beginning to pull out.
Ten British Harriers based in Italy for the conflict flew home on Tuesday.