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PHIL 2301 Kilgore College What Is Poverty Article Essay

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Your assignment is to read the following article:
What Is Poverty?

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Wk 1 Discussion

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1.Respond to the following  
Our readings this week informs us that our emotional intelligence begins its development during the period of attachment as an infant and that “Physical and emotional expression is what draws people to us or makes them avoid us . . .” (Segal, 2008, p. 25). Even though emotional intelligence begins to develop in infancy, it continues to develop well into adulthood.  This week’s reading assignment suggests that we are able to improve our emotional awareness and emotional intelligence in order to improve our ability to communicate and build relationships with others. 
What are some ways in which emotional intelligence is involved in effective communication?  Why is it important? 
What might make improving our emotional intelligence difficult? 

What recommendations would you give a co-worker who wants to improve their emotional intelligence?
2. Respond to the following classmates:

Jonathan Cadenas

37 minutes ago, at 7:37 PM
NEW
Some ways in which emotional Intelligence is involved in effective communication are when making rash decision without thinking through because one emotion such as anger triggers the negative responses. It also is involved when making presentations or in a leadership position. It is also involved in when trying to convey your point o view to others that may not see it that way. It is very important because it can show how well you communicate in a work environment and in relationships. Things that may make our improvements in emotional Intelligence difficult, is letting anger and sadness could damage relationships, lives and missions. Depending on what emotions are effecting improvement in their emotional intelligence there are books and programs to help them out better in their journey. For anything to get better in any they are trying to accomplish, it takes time and energy or will to want to improve. That is one hard thing to do now because a lot of people now let their emotions get in the way in improvement in their careers or in their personal relationships.
3. Respond to the following classmates:
Brittany P. McLin
2 hours ago, at 5:50 PM
NEW
Emotional intelligence is essential to communicating effectively because it exhibits maturity . To be able to utilize your emotions effective by being attentive to the tone and pace while speaking is imperative to be able to get the message across to that person. “a type of intelligence that involves the ability to process emotional information and use it in reasoning and other cognitive activities”(Dictionary.APA.org, 2018). Gaining emotional intelligence can be difficult if an individual isn’t skilled in comprehending emotions. Having the ability to identify and understand emotions displays being aware and sensitive to others emotions. The recommendation I would have for a co-worker would be to facilitate thought using emotions but in order to that to be accomplished, detecting and identifying emotions is key. Later, that co-worker will be able to be effective in emotional management which is essential to communication. Overall, emotional intelligence requires social skills, empathy, and emotional self-awareness.

Explanation & Answer:
1 Discussion

2 Discussion Responses

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Dissertation & Thesis

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M.H.H. Tony

Student

Annotated Bibliography

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Francisca N.

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Research Paper

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In this assignment, you will find yourself in various countries as a criminal! In the scenario and
analysis, you create you will truly be an international criminal. The “crime” committed can be of
your choosing as long as it is illegal in the country we are studying. You will find that this very
deep dive into the criminal justice systems of each country we study will help you become a
world criminal justice system expert.
The following is your prompt for the setting of the research paper:
1) You are a US Citizen that is traveling to the country Japan, Russia, and the Islamic
States.
2) You arrive at the country
3) You commit a crime
a. Make the crime interesting enough to write about
b. Make the crime of a nature that you will work through the country’s criminal
justice system
c. Do not get caught up in the detail of the crime at the expense of the analysis – this
will lead to failure of the assignment!
4) You are caught by the country’s law enforcement officers
5) You do not have diplomatic immunity, and the country is balking at any means of
negotiation with the US for your release from the crime and subsequent punishment
The following is an outline of what you should cover in your paper:
1) Begin your paper with a brief analysis of the following elements:
a. Country analysis
i. Introduction to the country
ii. People and society of the country
iii. Economy
iv. Transnational issues (if applicable) that may impact law enforcement
v. Relations with the United States
b. What is the basic government structure and its relationship to the criminal justice
system
c. What is the “legal family” or basis of law in the country
d. What are the major components of the criminal justice system in the country
2) Please explain the following elements:
a. What crime did you commit? How were you caught? In other words, briefly set
up the scenario.
b. Explain the country specific law
c. Explain from first contact through arrest and questioning your experience with the
country’s law enforcement officials
d. Explain the detention process you will experience as a foreign national for the
crime you committed
e. Explain the judicial process you’ll experience for the crime you committed
f. Explain the detention, corrections, and/or incarceration process you’ll experience
for the crime you committed
Provide an analysis on:
g. The effectiveness of the criminal justice system in the country
h. The human rights perspective of how you were treated through the lens of the
country where you were caught
i. A Holy Bible comparison/analysis of the criminal justice system of the country
where you were caught
Each research paper should be a minimum of 8 to 12 pages. The vast difference in page count is
due to the fact that some countries are quite easy to study, and some countries have very limited
information. In some instances, there will be a plethora of information, and you must use skilled
writing to maintain proper page count. Please keep in mind that this is a research paper and must
have an excellent level of analysis and writing.
The paper must use the current APA style, and the page count does not include the title page,
abstract, reference section, or any extra material. The minimum elements of the paper are listed
above.
You must use the following sources:

At least 8 recent, Scholarly peer-reviewed sources: some countries may have more recent
research articles than others
• 2 verses/citations from the Holy Bible
• 1 newspaper article
• Books may be used but are considered “additional: sources beyond the stated minimums.
• You may use .gov sources as your recent, relevant, and academic sources as long as the
writing is academic in nature (authored works).
Again, this paper must reflect the research and excellent writing style.
SCENARIO POWERPOINT PRESENTATION INSTRUCTIONS
In this assignment, you will find yourself in various countries as a criminal! In the scenario and analysis,
you create you will truly be an international criminal. The “crime” committed can be of your choosing as
long as it is illegal in the country we are studying. You will find that this very deep dive into the criminal
justice systems of each country we study will help you become a world criminal justice system expert.
The following is your prompt for the setting of 3 PowerPoint Presentation:
1) You are a US Citizen that is traveling to France, South Africa, and China.
2) You arrive at the country
3) You commit a crime
a. Make the crime interesting enough to write about
b. Make the crime of a nature that you will work through the country’s criminal justice
system
c. Do not get caught up in the detail of the crime at the expense of the analysis – this will
lead to failure of the assignment!
4) You are caught by the country’s law enforcement officers
5) You do not have diplomatic immunity and the country is balking at any means of negotiation with
the US for your release from the crime and subsequent punishment
The following is an outline of what you should cover in your presentation:
1) Begin your presentation with a brief analysis of the following elements:
a. Country analysis
i. Introduction to the country
ii. People and society of the country
iii. Economy
iv. Transnational issues (if applicable) that may impact law enforcement
v. Relations with the United States
b. What is the basic government structure and its relationship to the criminal justice system
c. What is the “legal family” or basis of law in the country
d. What are the major components of the criminal justice system in the country
1) Please explain the following elements:
a. What crime did you commit? How were you caught? In other words, briefly set up
the scenario.
b. Explain the country specific law
c. Explain from first contact through arrest and questioning your experience with the
country’s law enforcement officials
d. Explain the detention process you will experience as a foreign national for the crime
you committed
e. Explain the judicial process you’ll experience for the crime you committed
f. Explain the detention, corrections, and/or incarceration process you’ll experience for
the crime you committed
1) Provide an analysis on:
a. The effectiveness of the criminal justice system in the country
b. The human rights perspective of how you were treated through the lens of the
country where you were caught
c. A Holy Bible comparison/analysis of the criminal justice system of the country
where you were caught
Prepare a 10 to 17 slide PowerPoint Presentation. Title slide(s) and reference slide(s) do not count toward
the slide count. The vast slide count difference is due to the fact that some countries are quite easy to
study and some countries have very limited information. In some instances, there will be a plethora of
information, and you must use skilled writing to maintain proper slide count. Please keep in mind that
this is a research presentation. It must go beyond the mere textbook and have a minimum of 8 scholarly
sources. The Holy Bible should be used at least once in the PowerPoint presentation. Each slide (of the
10 to 17 slides) must have 200 to 350 words of bulleted or paragraph speaker notes (in the speaker notes
section of the slide build). The slides should be professional and not cluttered with too many words. The
sources should be reflected in the speaker notes, slides, and “reference section slide.” Additionally, you,
the student, should use animations, transitions, and graphics to reflect the research level. Please review
the grading rubric when forming your presentation. Sources should only reflect scholarly work
You must use the following sources:





At least 8 recent, Scholarly peer-reviewed sources: some countries may have more recent
research articles than others
2 verses/citations from the Holy Bible
1 newspaper article
Books may be used but are considered “additional: sources beyond the stated minimums.
You may use .gov sources as your recent, relevant, and academic sources as long as the
writing is academic in nature (authored works).



Scenario PowerPoint Project One: France
Scenario PowerPoint Project Two: South Africa
Scenario PowerPoint Project Three: China
“This is an excellent authoritative text that provides outstanding historical contextualization to
current criminal justice practices in a variety of countries. The well-structured layout of each chapter,
with a detailed guide to how court proceedings take place, is a very valuable tool for students as are
some of the wider political debates.”
—Stuart Agnew, University Campus Suffolk
2
World Criminal Justice Systems
A Comparative Survey
Ninth Edition
World Criminal Justice Systems, Ninth Edition, provides an understanding of major world
criminal justice systems by discussing and comparing the systems of six of the world’s
countries—each representative of a different type of legal system. An additional chapter on
Islamic law uses three examples to illustrate the range of practice within Sharia. Political,
historical, organizational, procedural, and critical issues confronting the justice systems are
explained and analyzed. Each chapter contains material on government, police, judiciary, law,
corrections, juvenile justice, and other critical issues.
The Ninth Edition features an introduction directing students to the resources they need to
understand comparative criminal justice theory and methodology. The chapter on Russia
includes consideration of the turmoil in post-Soviet successor states, and the final chapter on
Islamic law examines the current status of criminal justice systems in the Middle East.
Richard J. Terrill is Professor Emeritus of the Department of Criminal Justice at Georgia State
University. His major research interests include comparative criminal justice, the history of
criminal justice, civilian oversight of law enforcement, and the organization and management
of criminal justice. Terrill was a past editor of the Criminal Justice Review and the founding
editor of the International Criminal Justice Review.
3
TITLES OF RELATED INTEREST
Pursuing Justice: Traditional and Contemporary Issues in Our Communities and the World,
Second Edition
Ralph Weisheit/Frank Morn
Restoring Justice: An Introduction to Restorative Justice, Fifth Edition
Daniel W. Van Ness/Karen Heetderks Strong
Organized Crime: From the Mob to Transnational Organized Crime, Seventh Edition
Jay S. Albanese
Crime, Violence, and Global Warming
John P. Crank/Linda S. Jacoby
Biker Gangs and Transnational Organized Crime, Second Edition
Thomas Barker
Justice, Crime, and Ethics, Eighth Edition
Michael C. Braswell/Belinda R. McCarthy/Bernard J. McCarthy
Ethics in Criminal Justice, Sixth Edition
Sam S. Souryal
Victimology, Seventh Edition
William G. Doerner/Steven P. Lab
Questioning Capital Punishment: Law, Policy, and Practice
James R. Acker
DeathQuest: An Introduction to the Theory and Practice of Capital Punishment in the United
States, Fourth Edition
Robert M. Bohm
American Criminal Courts: Legal Process and Social Context
Casey Welch/John Randolph Fuller
4
Ninth Edition
World Criminal Justice Systems
A Comparative Survey
Richard J. Terrill
Professor Emeritus, Georgia State University
5
For support material associated with World Criminal Justice Systems, Ninth Edition, please go
to www.routledge.com/cw/Terrill
Eighth edition published 2013
by Anderson Publishing
This edition published 2016
by Routledge
711 Third Avenue, New York, NY 10017
and by Routledge
2 Park Square, Milton Park, Abingdon, Oxon, OX14 4RN
Routledge is an imprint of the Taylor & Francis Group, an informa business
© 2016 Taylor & Francis
The right of Richard J. Terrill to be identified as author of this work has been asserted by him in
accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.
All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any
electronic, mechanical, or other means, now known or hereafter invented, including photocopying and
recording, or in any information storage or retrieval system, without permission in writing from the
publishers.
Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used
only for identification and explanation without intent to infringe.
Library of Congress Cataloging in Publication Data
Terrill, Richard J.
World criminal justice systems: a comparative survey/Richard Terrill.
—Ninth Edition.
pages cm
Revised edition of the author’s World criminal justice systems, 2013.
Includes bibliographical references and indexes.
1. Criminal justice, Administration of. 2. Criminal justice, Administration of—
Cross-cultural studies. I. Title.
6
HV7419.T47 2016
364—dc23
2015018424
ISBN: 978-1-138-94086-4 (hbk)
ISBN: 978-0-323-35646-6 (pbk)
ISBN: 978-1-315-62438-9 (ebk)
Typeset in Times New Roman and Futura
by Florence Production Ltd, Stoodleigh, Devon, UK
7
Dedicated to
Bill, Lori, David, Ellen, and the memory of Jean
8
Contents
Preface
Introduction
1. England
Introduction
Government
Police
Judiciary
Law
Corrections
Juvenile Justice
Summary
2. France
Introduction
Government
Police
Judiciary
Law
Corrections
Juvenile Justice
Summary
3. Japan
9
Introduction
Government
Police
Judiciary
Law
Corrections
Juvenile Justice
Summary
4. South Africa
Introduction
Government
Police
Judiciary
Law
Corrections
Juvenile Justice
Summary
5. Russia
Introduction
Government
Police
Judiciary
Law
Corrections
Juvenile Justice
Summary
6. China
10
Introduction
Government
Police
Judiciary
Law
Corrections
Juvenile Justice
Summary
7. Islamic Law
Introduction
Historical Development of Islam
Sharia
Sharia: Three Contemporary Case Studies
Kingdom of Saudi Arabia
Islamic Republic of Iran
Republic of Turkey
Summary
Bibliography
Subject Index
Author Index
11
Preface
Since the publication in 1984 of the first edition of this book, international developments
throughout the world have illustrated in a special way the importance of comparative study at
the macro level. Many of these events, in particular, point out the significance of comparative
and international criminal justice studies. This book was originally conceived and written in
the hope that it might be used as a tool to enhance American students’ understanding of
foreign justice systems. That remains the principal goal.
This edition upgrades materials on the justice systems of the countries presented in the text
that appeared in the previous edition. The format for the coverage of each country essentially
remains the same. Each chapter is devoted to a single country and attempts to describe the
political, historical, organizational, procedural, and critical issues confronting that country’s
justice system. This format was originally selected because it is an effective method of
introducing people to comparative studies. The acceptance of this book over the years appears
to support that judgment.
As was the case with the two previous editions, this edition departs from the
aforementioned format with a chapter devoted to Islamic law. Obviously, there has been a
heightened interest in Islam in recent years, and a central feature of that attention is with
Islamic law in general and the role that it plays in criminal justice in particular. Unlike the
other chapters, which focused on a single country and illustrated how a specific legal system
contributed to the establishment of its criminal justice system, this chapter was designed to
explain the various degrees in which Islamic law has influenced the justice system of a few
countries that are associated with Islam. Please note that because there is not one standard
method of transliteration of Arabic to English, names and terms often have several different
spellings. I have attempted to use a simplified form that is free of many diacritical marks. Any
quotations, however, are retained in the original form.
Brief mention is made of some highlights for each of the substantive chapters in this edition.
In the chapter on England, the concept of antisocial behavior has been an issue for the British
justice system, and this edition offers further insights and updates. While the use of force by
police in the United States has received a good deal of attention of late, it is noted that the
British police also are confronting this issue and the social unrest that follows. Singular events,
like the riots of 2013, also put a strain on the courts and especially the correctional system.
12
In reference to the chapter on France, there are some similarities with England. France
introduced a get-tough policy on criminals in general and juveniles in particular. A central
concern for the French has been the failure of young Muslim males to integrate into society
and thus avail themselves of some economic opportunities. Tensions between the police and
youths in general, but Muslims in particular, have led to urban unrest. As is the case in
England, such events impact the entire justice system, in particular the overcrowding in
French prisons, of which a significant number are held in pretrial detention.
The significant highlights of the chapter on Japan focus on three items. First, there is an
update on how well the saiban-in system, that is, the use of lay assessors in serious criminal
cases, is working. Second, there is updated information on the apparent lack of success with
trying to increase the number of people entering the legal profession. Finally, it is well known
that in many First World countries the population is aging. What the Japanese are confronting
is the number of crimes being committed by the elderly and the reasons for this development.
As a result, the correctional system is being forced to address a number of new and unique
issues.
A number of social commentators lament the state of the family, schools, and community in
many underprivileged areas of the United States. In turning to South Africa, those issues are
writ large with the adjective “dysfunctional” applicable to each one. South Africa continues to
be one of the most violent countries in the world. These conditions continue to put generations
of youths at risk of becoming either a victim or a perpetrator. The inadequate resources
allocated to the justice system, often the first responders to such crises, hampers any
significant attempt at change.
When the second edition of this text was going to press, the Soviet Union imploded. At the
time, I noted that whenever a country (then referring only to Russia) undertakes a massive
transformation in social order, disorder inevitably occurs. Every two steps that are taken
toward reform will undoubtedly be followed by one, and sometimes two, steps backward
toward the old ways. Presently, Russia appears to be taking those steps backward. The police
are acknowledged by the government as corrupt and abusive; there is political interference
with the courts and other forms of corruption; and the conditions in the prisons are degrading.
In China, significant attention is focused on law and the courtroom work group. The
Criminal Procedure Law was amended. In addition to improving the standing of defense
lawyers in the procedural process, there is also a section devoted to juveniles in criminal cases.
Mention has already been made of the changing status of defense lawyers, and there are also
calls for judges and procurators to address professional concerns within their ranks. All of
these issues can be placed under the umbrella of China’s new interest in human rights, for
which they have been criticized for some time now by various segments of the international
community.
13
Finally, the countries represented in the Islamic law chapter are considered. Some political
rights activists have emerged within Saudi Arabia attempting to seek change in the justice
system, among other things. Nevertheless, the death penalty continues to be imposed on
people as young as 16, and a draft law designed to address violence against women and
children has yet to be approved. In Iran, the judiciary is highlighted as the principal vehicle of
this Islamic Republic when dealing with crime and criminal procedure. In spite of a new Penal
Code, a high number of executions continue, including of juvenile victims, and some activities
that are not considered crimes elsewhere are subject to the death penalty. In Turkey, the issue
of secularism versus Islam has become a prominent feature in a number of debates. Recently,
an “Islamic tone” has emerged in society, which proponents claim is not designed to threaten
the secular state. Of concern for many, however, is the continued absences of an independent
judiciary and the increased powers accorded the police.
Over the years, I have been appreciative of the many kind words of encouragement from
people who have commented on the text. Although this book was designed principally for use
in college-level courses created to study foreign justice systems, it also has been utilized in
other criminal justice courses and by other disciplines that have a tangential interest in the
study of criminal justice. Moreover, it should also prove beneficial to the criminal justice
practitioner or the general reader who appreciates the value of considering problems in our
justice system from a different cultural and geographical perspective.
Although it is not necessary for the reader to have an extensive understanding of criminal
justice, this text assumes some familiarity with the criminal justice system of the United
States. This kind of background should facilitate the reader in achieving the following
objectives:
1. Recognize the basic governmental structure of each country and its relationship to the
criminal justice system.
2. Appreciate the manner in which the justice system of each country has emerged
historically.
3. Identify the major components of the criminal justice system of each country.
4. Comprehend the similarities and differences in how each country organizes and
administers its justice system.
5. Distinguish the roles that the various practitioners play in each country’s justice
system.
6. Understand the similarities and differences in how each country perceives the nature
of law and the application of legal procedures in the criminal justice process.
7. Discern some of the critical issues that the criminal justice system of each country is
confronting.
14
As is the case with any large project such as this, the author is indebted to a number of
facilitators. Appreciation, therefore, is extended to a number of people, too numerous to
mention individually, who work for either governmental or nongovernmental justice agencies
in the countries that are presented in this book. They were most helpful in sending me
information on their justice systems that was not readily available in this country. Much of the
information contained in the introduction appeared previously in other formats. Therefore, a
special note of thanks is extended to the Academy of Criminal Justice Sciences for permitting
me to use my article, “Teaching Comparative Criminal Justice: Some Thoughts and Themes,”
which originally appeared in Harry R. Dammer and Philip L. Reichel, Eds. (1997), Teaching
About Comparative/International Criminal Justice: A Resource Manual, and to the publisher of
the Criminal Justice Review for permission to use my 1982 article, “Approaches for Teaching
Comparative Criminal Justice to Undergraduates.”
I wish to thank Fred B. Rothman for permission to cite the translated laws of France from
the American Series of Foreign Penal Codes; the Managing Director of Eibun-Horei-Sha, Inc.,
for permission to cite translated laws of Japan; Mervyn Matthews, M.E. Sharpe Inc., who
publishes Soviet Statutes and Decisions; and Martinus Nijhoff Publishers, who published F. J.
M. Feldbrugge’s translation of the 1977 Constitution of the USSR, for permission to cite various
translated laws of the former Soviet Union.
Last, but certainly not least, I appreciate the support and work of my editor, Ellen S. Boyne.
Authors of Anderson Publishing (now Routledge) texts are fortunate to have her
encouragement and expertise behind their projects.
RJT
Atlanta
15
Introduction
Concepts to Know
Nation State
Monarchy
Oligarchy
Theocracy
Dictatorship
Democracy
Common Law Family
Romano-Germanic Law Family
Socialist Law Family
Islamic Law
Rule of Law
Systems Theory
Crime Control Model
Due Process Model
Criminal justice has emerged as a field of study rather than an academic discipline. In many
respects, this approach is analogous to the study of medicine. Medical students must be
proficient in chemistry, biology, zoology, physics, and other academic disciplines before they
are recognized as medical practitioners. Students of criminal justice also must have an
understanding of a number of disciplines prior to considering themselves knowledgeable in
their profession. Sociology, psychology, law, and public administration are a few of the more
obvious disciplines in which students should possess some proficiency.
Many criminal justice programs are designed to train future practitioners in the techniques
of problem solving and in the analysis of issues confronting the system. Among the paramount
goals of this educational philosophy is the teaching of techniques for making more meaningful
decisions for the system. The ability to understand and to utilize the decision-making process
is central to this endeavor. Students are taught that the decision process involves a number of
16
factors: (1) the availability of data on the status quo; (2) the decisionmaker’s understanding,
albeit a limited one, of the future state he or she wishes to achieve; (3) the comprehension of
cost-benefit analyses that determine the direction and processes of moving from the present to
the future; (4) the social-psychological makeup of the decisionmaker (that is, biases, prejudices,
priorities, and assumptions); (5) the decisionmaker’s understanding of his or her agency’s place
within the total system; and (6) the decisionmaker’s skill at comprehending the environment
existing beyond the justice process that enables the system to work. With the utilization of
these techniques, significant strides have been made at improving the criminal justice system.
Even so, these processes and the academic field do suffer. They fail to recognize other
approaches or points of focus that could improve the decision-making process in particular and
benefit the academic field in general. For our purposes, the issue centers on our culturally
provincial view of the administration of criminal justice. Criminal justice educators,
practitioners, and students have had a tendency to think that the concerns within our system
are in some way indigenous to it. Many have not considered the possibility that another
country has confronted or may be facing a similar concern and that their means of resolving
the issue may be of assistance to us. The technique designed to rectify this oversight is known
as the comparative approach.
Comparative criminal justice could prove to be indispensable as a tool for the study of our
own system, as it allows us to understand it better. It can play a role comparable to the study
of history by giving us the perspective necessary to comprehend the dimensions of our system.
It provides us with an associational view of our criminal justice institutions and rules that,
without such a comparison, could lead us to a false belief in the necessity and permanency of
the status quo. If criminal justice is studied only within the boundaries of our country, without
taking into consideration foreign ideas and experiences, it will reduce significantly the
knowledge and possible approaches to solving our problems. Therefore, the comparative
approach does two things for current and future practitioners of criminal justice: It improves
their personal freedom, as things are not absolute, and it permits a broader formulation of a
philosophy toward the field of criminal justice.
Comparative Method
The comparative approach is one of the older methods of research and instruction. Since the
time of the ancient Greeks, it has been utilized in some format by leading thinkers in the
Western world. Aristotle, Machiavelli, Montesquieu, Karl Marx, and Max Weber employed it
in some of their more significant works. Today, the comparative approach is used in
17
anthropology, economics, law, history, political science, and sociology.
Comparative research involves the study of similarities and differences in cultures, societies,
and institutions. The value of this kind of research may include one or more of the following
purposes: to test generalizations based on data collected from a single unit of analysis, such as
one society; to replicate the findings from one study, which centered on a single unit of
analysis, with other studies that focused on similar units of analysis; and to determine under
which conditions the conclusions of one study may be valid in the analysis of other studies
that are similar.
As such, the comparative approach is not a true method of analysis. Rather, it is a particular
approach that is dependent upon an established method of analysis. For example, if one
decides to compare the sociological characteristics of two societies, we would expect the
researcher to utilize a method compatible with the kinds of information necessary for
comparison. Sociologists often employ the following methods: descriptive survey
(questionnaire or interview), analytical survey (statistical), or experimental design
(pretest/posttest or experimental/control group design) to achieve such ends. Thus, the
methodological problems found in comparative studies are similar to any research endeavor
utilizing some of these standard analytical tools. The problems are often compounded,
however, because of the emphasis placed on studying more than one unit of analysis crossculturally.
Comparative Criminal Justice
There are a number of approaches or models that are available when one embarks on the study
of criminal justice from a comparative perspective. These models are borrowed from the more
traditional academic disciplines that have been involved in comparative study for some time.
There are at least five approaches to comparative criminal justice that are readily accessible at
this time.
Anthropological-Historical Approach
Many criminal justice courses are guilty, by commission or omission, of portraying criminal
justice as a static science. Students, however, should be prepared to expect change in the social
ideas they are grappling with and with the institutions they will encounter professionally. If
this is not achieved, students may be guided by dated or faulty theories of the past. Advocates
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of the anthropological-historical approach argue that the study of criminal justice emphasizes
the present and future, with little regard for the past. They contend, therefore, that the future
decisionmakers of the system lack a clear understanding of the system’s past. An
understanding of the evolutionary nature of society, its institutions and professions, and its
philosophies is essential. The anthropological-historical approach prepares students to be part
of a world of change. If this approach has value for the student studying his or her own
criminal justice system, surely it is useful for understanding foreign justice systems.
Institutional-Structural Approach
Here the central goal is to acquaint the student with a panoramic view of a country’s justice
system. Proponents of this approach argue that students should be cognizant of the
institutions, policies, and terms that give structure to a system. Just as students of one’s own
system need this kind of introduction, this is also true of the student of the comparative
approach. Thus, this approach is directed at presenting organizational profiles of various
foreign institutions in criminal justice.
Political-Legal Approach
Politics and the law are significant factors in our own justice system. Both go a long way
toward explaining how and why we treat and process those individuals who have been
characterized as deviant by our society. Proponents of this approach argue that the study of
foreign criminal justice systems must also be placed in the realm of politics and the law. What
is the role of government in relation to the justice system? What type of legal system exists in
a country? These are two of the kinds of questions raised by this approach.
Social-Philosophical Approach
This approach places emphasis on the need to understand a society’s consensus—or lack of
consensus—regarding its criminological perspective. What are the prevailing views regarding
the causes of crime and deviancy in a society? What are the philosophical approaches to
resolving or coping with these views in the penal setting? The value of this approach rests on
the idea that students should be introduced to the criminological perspectives of foreign
countries. In the context of criminal justice, it provides an opportunity to examine the
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translation of these perspectives into policies adopted by the various components of the
system. This approach also enables students to think through their own tentative views on
criminal justice with this added dimension. If students are not exposed to different
criminological views and policy implications, they will be limited in their attempts to offer
solutions to problems in our society.
Analytical-Problems Approach
This final approach emphasizes the development of theory (be it organizational, legal, or
criminological) and the testing of such theories with problems associated with the justice
system. The analytical-problems approach defines problems, identifies goals, determines
possible solutions, and considers the consequences of those solutions. This approach, more
than any of the others mentioned, is future-oriented in terms of the state of the system.
Because this book is a survey of select criminal justice systems in the world, it would be
inappropriate to focus solely on one of the aforementioned approaches. It would also be
impossible to give equal weight to each. Thus, this text is designed to synthesize the significant
benefits derived from each view.
Frame of Reference
Before one begins the study of the criminal justice systems presented in this book, one caveat
is in order. Although this text purports to be a comparative study of foreign justice systems,
some purists might take issue with this liberal use of the term “comparative.” This book is not
an in-depth narrative comparison among these countries. Its purpose is to survey foreign
justice systems. Thus, the format is similar to an introductory text on the criminal justice
system of the United States. Also, many books of a comparative nature tend to include a
chapter on the United States. The United States is not included here because there are a
sufficient number of books published that introduce the reader to that system. It is assumed
that the American reader who is interested in learning about the justice systems of other
countries has already acquired at least a survey knowledge of the United States’ system.
To assist the reader in making comparisons among the countries presented in this book or
between a particular country and that of the United States, a strategy is needed to provide an
appropriate frame of reference. At least five concepts come to mind that should provide the
reader with that strategy. One or more of these concepts should facilitate a method of analysis
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that enables both a breadth of comparison and an opportunity to assess particular issues in
greater depth. The five concepts suggested as points of reference are the nation state, the legal
system, democracy, rule of law, and systems theory.
Nation State
The concept of the nation state emerged in the eighteenth century and has been a significant
political unit of analysis since that time. A number of characteristics are associated with the
nation state. First, a nation state is an organization with its principal mission being to perform
political activities. Second, a state occupies and has exclusive control over a specific territory.
Third, a state is also sovereign, which means that its authority is not derived from nor shared
with any other entity. Sovereign authority is illustrated by the power to make laws, the right
to declare war and to make peace, and the power to grant pardons and appoint people to
important governmental positions. Fourth, the population of a state often shares certain
common societal features that facilitate a bonding of the people. These features may include
language, religion, and a shared cultural or historical experience. The collective distinctiveness
of the people helps establish a sense of belonging among the population. Fifth, the institutional
development of a nation state has often placed a good deal of emphasis on law, because law
has usually played a significant role in establishing various legitimate political processes.
Finally, all states have developed bureaucracies that are designed to regulate and control and
to provide various services.
The vehicle that enables the state to exercise several of the aforementioned characteristics
associated with authority and development of the political process is the government. Forms of
government have often been divided into at least five categories. One of the oldest forms is
that of monarchy. Monarchy is technically government by a single person, such as a king or
emperor. While this method of government declined significantly by the twentieth century,
there are some monarchies still in existence. In the case of the United Kingdom and Japan,
each has a constitutional monarch, but the principal function of the monarch in this context is
to serve as a symbol of national unity for the country. In the case of the Kingdom of Saudi
Arabia, however, the monarch presently exercises a good deal of actual political authority as
the head of state and head of the government. England, which is part of the United Kingdom;
Japan; and the Kingdom of Saudi Arabia are examined in the book.
A second form of government is that of oligarchy or government by a few people. In
modern times, oligarchies have often taken one of two forms. There are totalitarian regimes
that are associated with government administered by a small group that adheres to a state
ideology, such as the National Socialist movement in Germany under Adolph Hitler, or
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countries that have or continue to adhere to a communist ideological agenda. The People’s
Republic of China continues to embrace communism and is presented in the book. The other
form of oligarchy is an authoritarian regime, which is generally characterized as not having a
distinct state ideology, but rather is interested in maintaining political power and economic
enrichment at the expense of the country and the people, such as the current case of Robert
Mugabe’s regime in Zimbabwe.
Theocracy is another form of government. Its distinct characteristic is that it is government
by religious leaders who claim to interpret the word or wishes of God, often associated with or
found in ancient religious texts. A modern example of this form that has several theocratic
tendencies is the Islamic Republic of Iran, which is examined in the book.
A dictatorship is the fourth category of government. It is government by people, often
associated with the military of a country, who have seized power by force. In the twentieth
century, Turkey is an example of a country that has seen its military seize power but then
relinquish it after introducing what it considered necessary political reforms. The impact of
military coups in the Turkish context is covered in the book. Some military dictators seize
power and then create an authoritarian regime for purposes of maintaining their political
power and economic enrichment. Examples of this in the latter part of the twentieth century
included Manuel Noriega in Panama, Muammar Gaddafi in Libya, and the military regime in
Myanmar.
The final category of government is that associated with democracy. The ancient Greek
definition of democracy simply meant rule by the people. Today, the definition has been
refined to encompass good governance that is in the public interest. Frequently good
governance has been translated to include such features as a constitution that guarantees basic
personal rights (such as freedom of speech and religious liberty) and political rights (for
example, freedom for all citizens to vote). Other rights under this governmental system would
include freedom for the media, free elections, and independent courts of law. The actual form
that a democratic government takes varies. To illustrate, the United States (a federal republic),
France (a republic), and England and Japan (both parliamentary democracies) have long been
associated with this form of government. Since the 1990s, Russia (a federation) and South
Africa (a parliamentary democracy) have each made varying strides toward embracing this
kind of government. All of these aforementioned countries are covered in the book.
As the twentieth century came to a close, the boundaries of the nation state were breaking
down as a useful unit of analysis when studying issues like economics and business. That
traditional perspective had been altered by the global economy. There remain instances,
however, in which the nation state is an appropriate frame of reference. Criminal justice is one
of them, in spite of the emergence of international crime cartels. As indicated earlier, the
principal goal of this book is to introduce the American reader to justice systems of other
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countries in order to reduce our provincialism and expand our choice of action in resolving
problems confronting our justice system. With the exception of the chapter on Islam, the
countries selected for this book are considered powerful nation states, although the kind of
power, level of industrialization, and degree of modernization varies among them. There are
also differences in the nature of the crime problems confronting these countries. Nevertheless,
an extensive and experienced bureaucracy has been established to address the issues of crime
and justice that confront each country.
Legal System
Another point of reference in making comparisons among the countries in this book is the
legal system operable in each country. This factor is especially significant because criminal
justice systems of modern industrialized countries are profoundly influenced by the legal
system from which they have evolved and with which they are associated. According to René
David and John E.C. Brierley (1985), there are three prominent legal families that exist in the
world, and they are referred to as common law, Romano-Germanic, and socialist law. While
these legal families originated in Europe, each has been transplanted to other parts of the
world. There are a number of other legal families. The countries associated with these
acknowledge the importance of law, but the purpose of law is distinct from that found in the
West. This is because these countries embrace a philosophy that views the function of law in a
different context from that which emerged in the West.
The common law family originated in England; therefore, it is appropriate to illustrate the
characteristics of this law within the British context. Its development is linked to the
establishment of royal power in medieval England. It was formulated primarily by judges, and
its purpose was to resolve individual disputes on a case-by-case basis. Because of this tradition,
the common law is not as philosophically abstract as the other legal families.
The Romano-Germanic family developed on the continent of Europe. The basic source of its
creation was Roman law. Some of these characteristics were also indigenous to many of the
Germanic regions of Europe. Throughout the Middle Ages and the early modern period of
European history, this family was further developed by legal scholars. The significant
characteristic of this family is its emphasis on the development of law in a codified form rather
than on the resolution of individual disputes. French legal scholars were especially
instrumental in the modern development of this legal family. Their legal tradition is traced
directly to the Roman law. Thus, in this text, France represents one country’s use of the
Romano-Germanic law.
Some scholars have argued that the differences among legal families are not as pronounced
23
as they once were. A number of countries that in the past were categorized under one family
are now borrowing ideas from other legal systems. It is alleged by some that in time the
differences among legal families will be negligible. To date, this has been especially noticeable
in countries borrowing from common law and Romano-Germanic families. Japan represents a
country that has been in the process of borrowing from these two legal families for more than
a century. Since the Meiji Restoration, the Japanese have been assimilating a good deal of
Western law into their legal system. During the nineteenth century, there was a significant
French influence. This was followed by a strong German influence during the first half of the
twentieth century. Thus, Japan was borrowing from the Romano-Germanic tradition.
Throughout this period, the common law was virtually unknown to them, but with the Allied
occupation following World War II, the Japanese were introduced to the common law family
and have incorporated parts of it since the post-war years. Some scholars consider the period
from the Meiji Restoration through the post-war years as a transitional period in the evolution
of Japanese law. The desire now is to synthesize the benefits of both the Romano-Germanic
and common law systems within the Japanese context.
South Africa is another country that has borrowed from both the Romano-Germanic and
common law legal families. When the Dutch established an outpost in 1652 at the Cape of
Good Hope for the United East India Company, which was estimated to be the largest
commercial venture at the time, they brought with them Roman-Dutch law. Roman-Dutch law
was the law of the Netherlands in general and of the province of Holland in particular; it can
be considered a subset of the Romano-Germanic legal family. When the Cape came under the
control of the British in 1806, the common law was introduced but not totally. The British
guaranteed the continued use of Roman-Dutch law.
It is interesting to note that Roman-Dutch law was losing influence in the country of its
origin, because at the beginning of the nineteenth century the Netherlands had embraced the
codification movement by importing the Napoleonic code of France. As the British colonial
power expanded in the region now called South Africa, English law did influence, and in some
cases was adopted in, certain areas of law. For example, the English law of criminal procedure
and the law of evidence were incorporated into the South African legal system in 1828 and
1830, respectively. Moreover, the English court system replaced the Dutch court hierarchy, and
trial by jury, another common law feature, was introduced.
When the Union of South Africa was established with a constitution in 1910, the position of
English law was enhanced further. This would remain the case both before and during the
period of apartheid (1948 to 1994). It has been suggested that the South African legal system in
a sense also incorporated characteristics associated with the socialist legal family during the
period of apartheid. Just as socialist law was utilized by the Communist Party to advance its
agenda in the Soviet Union, law, in the South African context, was a central feature of the
24
National Party’s development and implementation of its apartheid policy. With the official
demise of apartheid, the new political and constitutional order renewed its association more
completely with the common law family.
Until 1991, socialist law was the third major legal family. Even before that time, however, it
was at risk, as countries that formerly subscribed to socialist ideals began to abandon them. It
should be pointed out that countries that had ascribed to the socialist legal tenets were often
formerly associated with the Romano-Germanic tradition. Many of the legal rules and
terminology utilized in the socialist family are traced to the Romano-Germanic system. What
made the socialist family unique was the revolutionary nature that was often attributed to it.
This family originated in the former Soviet Union and had been emerging as a significant
family since the 1917 Revolution. In addition to its Romano-Germanic foundation, the
country’s legislature, which was influenced and directed by the Communist Party, was the
source of socialist law.
The Russian Federation represents another example of a country borrowing legal ideas from
other legal families. What makes the Russian case significantly different from the Japanese
experience of blending ideas is that it offers a unique illustration of a country presently in the
throes of making the most basic yet important decisions about how it wishes to govern itself.
To date, the Russians have retained aspects of the old socialist legal system while blending
them with ideas from the Romano-Germanic and common law families. In light of the fact
that several countries in recent years have attempted to engage in the introduction of market
economics and democratic principles, the Russian Federation serves as a useful case study of
how this impacts the justice system.
The People’s Republic of China offers a particularly interesting case study about the role of
a legal system for two reasons. First, it is the last major country in the world that continues to
embrace communism. As a result, it has retained many of the features of the socialist legal
system that it acquired from the Soviet Union and introduced into the country during the
1950s. Second, China is an example of a country that historically never gave law the
significant role that it achieved in the West. This cultural view continued even with the advent
of communism and the introduction of socialist law. As such, law is not the only method of
regulating human behavior and retaining social order. Harmony can be achieved and conflict
reduced through mediation and reconciliation. Today, the importance of law has been
acknowledged in China, but often for a specific purpose. Presently, law is recognized as a
necessary vehicle in the efforts to modernize the country’s economy.
Finally, it was mentioned that some countries view the purpose and function of law in a
different context from that which emerged in the West. For our purposes, Islamic law will
illustrate this fact. It is important to point out that Islam is primarily a religion, a belief system
that espouses a specific moral code. Islam means submitting to God’s will. The ultimate goal of
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Islam has been to establish a theocratic society. In such a context, the state is viewed as a
vehicle to enhance and foster the revealed religion throughout the community of believers.
Islamic law is but one feature of this religion. Islamic law is based on divine revelation. For
devout Muslims, it is the will of Allah (the preferred word for God) that was revealed to
Muhammad, the Prophet of Islam. The Quran, Islamic scripture, is the primary source of these
revelations. Obviously, this law is distinct from the other legal families mentioned in this book
that are based on the will of legislators and judges. As mentioned in the Preface, Islamic law
will not be examined in the context of a single country, but rather it will be viewed in the
manner in which it has influenced the justice system of a few countries associated with Islam.
Democracy
The significant decline in the prominence of communism as a political ideology at the end of
the twentieth century has enhanced the interest in democracy, especially by countries that
have emerged from the political changes in Eastern Europe and the former Soviet Union.
Many are attempting to adopt and implement a democratic form of government. For our
purposes, democracy serves as another point of reference. Three of the countries—England,
France, and Japan—have long associated themselves with democracy. South Africa and Russia
serve as illustrations of countries that have fairly recently adopted and are attempting to
implement a democratic form of government. Questions, however, have been raised in recent
years over the extent to which the leadership of Russia is truly committed to democratic ideals,
as the words “oligarchy” and “authoritarian regime” have crept into the discussion by scholars
on Russia’s system of governance.
China does not fit into the category of a democratic country; it is one of the remaining
countries in the world that claim to adhere to communist ideas. The Chinese maintain that
they follow the political principles of socialist democracy. In the first decade of the twenty-first
century, it has been suggested that the interest in democracy subsided somewhat in some
Third World areas. A key reason for this is the recent economic success that has been seen in
China compared with the economic crises that have gripped a number of Western democratic
countries. As such, some authoritarian governments are pursuing the Chinese model and for
the near future possibly abandoning a consideration of the democratic model. Finally, there
has been a significant debate among scholars, both within and outside the Muslim community,
over whether a country can embrace democratic principles while adhering to the tenets of
Islam. The chapter on Islamic law offers three distinct methods of governance in countries
where the population is overwhelmingly Muslim. While political unrest in the Middle East
continues to unfold, the region might provide additional insight, as some of the protestors have
26
demanded change toward a democratic system of governance.
Americans often have a limited understanding of the application of democratic principles.
They specifically associate democracy with the political structures found in the United States.
These include the federated nature of the country, the principle of separation of powers, and
the importance placed on local self-government. Like other political systems, democracy is
capable of adopting several different forms. In fact, the aforementioned items associated with
the democratic structure of government in the United States are not essential to the application
of democracy as a political system. The parliamentary system of governance has already been
alluded to and will be examined in greater detail in subsequent chapters of the book. Because
there are variations in the form and function of democracy, it stands to reason that
diversification is also found in the application of the core ideals associated with a modern
democracy. Those ideals include a recognition of the importance of government by rule of law,
a goal to achieve equality for all members of the community, an objective to establish a right
for all members of the community to participate in the conduct of government, and a policy to
control and limit government by representatives of the community.
Rule of Law
In recent years, a good deal of interest in both academic scholarship and political discourse has
focused on the extent to which a country has embraced the rule of law. The rule of law has
deep historical roots in some countries; for other countries, it has not been part of the political
lexicon. As such, rule of law can mean different things to different people, depending on when
it became a part of a country’s legal tradition. Some countries associate themselves with the
concept of rule by law, as if it were synonymous with rule of law. It is not. A country that
subscribes to the rule by law employs law as a tool that is often designed to enhance further
the authority of the state at the expense of the citizenry. A central feature to rule of law is the
idea that the exercise of state power must be regulated by law. For a country to establish or
attempt to establish the rule of law, it must embrace several principles or legal values that go
to the heart of governance. Among the important principles are the supremacy of law, the
existence of procedural rules for making law, legal transparency, legal certainty, the protection
of human rights, equality before the law, and the ability of the state to enforce the law.
Because these are legal values, it is more appropriate to view the rule of law as an ideal that a
country is attempting to embrace. As a result, the political climate of opinion at any given
moment in a country may illustrate both successes and failures at achieving the rule of law.
27
Systems Theory
A final point of reference that is worth considering when comparing the criminal justice
systems of different countries is the extent to which each country is attempting to apply
systems theory to the various justice organizations of a country. It is interesting to
differentiate the extent to which the justice systems of these countries are open and closed
systems and to compare the extent to which these countries have attempted to incorporate
systems characteristics, such as goal-seeking, steady state, self-correcting, information
feedback, cost-analysis, synergism, and action model building, into the policy and planning
process of the justice system.
From an organizational perspective, justice systems in common law countries tend to be
more decentralized, while those found in the Romano-Germanic law and socialist law
countries clearly display greater tendencies toward centralization. The decentralized approach
tends to distribute authority horizontally to several distinct organizations within the total
justice system. With a centralized approach, authority is distributed in a hierarchical fashion to
officials. The basic process of the organization is divided into distinct stages and is regulated
internally by networks of rules. It would appear that the legal family a country is associated
with is a contributing factor to the differences in organizations. There are undoubtedly a host
of other cultural factors and accidents of history that have influenced this development as
well. At issue is the extent and manner in which the organizations of the justice systems of
these countries have embraced the current views about administration and management that
are associated with systems theory (see Figure I.1).
Crime Control and Due Process Models
The aforementioned concepts should facilitate a method of analysis that enables both a
breadth of comparison and an opportunity to assess particular issues in greater depth.
Comparisons can be made among the countries presented in the book or between a country’s
system and the United States’ system. A final tool that might prove useful in comparative
analysis is a consideration of how the criminal process operates. There remains no better way
to frame such an analysis than to offer a summary of Packer’s crime control and due process
models.
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Figure I.1 Points of Reference in Comparative Criminal Justice Analysis
Herbert Packer was a law professor at Stanford University. He first published “Two Models
of the Criminal Process” in the University of Pennsylvania Law Review (1964) and then
incorporated the piece in a book-length study, The Limits of the Criminal Sanction (1968).
What follows is a lengthy summary of the two models that Packer identified, the Crime
Control Model and the Due Process Model, which he stated represent separate value systems
that compete for priority in the operation of the criminal process in the United States. He
maintained that these models were a convenient way to illustrate how and why the criminal
justice process was constantly adjusting to the ongoing demands of these two value systems.
Furthermore, he cautioned that neither model represented an ideal, nor should a person
perceive either model as good or bad at the expense of the other. Essentially, these two value
systems compete with one another with policy claims and assumptions associated with the
criminal process. When the political climate of opinion was conservative, aspects of the Crime
Control Model were in favor, while when the political climate became more liberal, aspects of
29
the Due Process Model were in the ascendancy.
Before citing the characteristics associated with each model, Packer pointed out that there
were certain assumptions about the criminal process that were widely shared by both models.
For example, the authorities should not be allowed to arrest a person for a crime if the alleged
offense was not listed in the criminal code. Second, the criminal process should usually be the
responsibility of those sworn to do so and in a manner prescribed by law. Third, limits should
be placed on the powers of the government to investigate and apprehend persons suspected of
committing crime. Finally, the adversarial system of due process enables the accused to
demand that an independent authority (a judge or a judge and jury) determine if the accused is
indeed guilty of the charges against him or her. What follows are the characteristics that make
the two models distinct from one another.
Packer maintained that the value system associated with the Crime Control Model is
focused on the repression of criminal conduct. Moreover, according to this value system, this
objective is the most important function of the criminal process. In light of this goal, the Crime
Control Model places a good deal of emphasis on the efficiency with which the system
operates. Thus, efficiency is associated with the justice system’s capacity to apprehend,
convict, and sanction a high proportion of criminal offenders. Because neither the taxpayers
nor legislators are disposed to increase very drastically the quantity, much less the quality, of
the resources devoted to the suppression of criminal activity, the level of efficiency is going to
be impacted by the budget allocated to the justice system. In light of the budget constraints,
the Crime Control Model places a premium on speed and finality. Speed is associated with
apprehending and convicting alleged criminals quickly, and often depends on cutting corners.
Finality is concerned with minimizing the occasions for legal challenges during the criminal
process. The Crime Control Model conjures up an image of a conveyor belt in which success is
determined by the speed with which the accused is processed through this assembly line.
Critical to the success of this model is the administrative expertise of the police and
prosecutors and their ability to determine early on in the process the probable innocence or
guilt of the suspect. The key to this model is to identify those people who are presumed to be
guilty. The Crime Control Model presumes that the screening processes operated by the police
and prosecutors are reliable indicators of probable guilt. The presumption of guilt, as it
operates in the Crime Control Model, is the expression of that confidence and enables the
system to deal effectively with large numbers of alleged criminals. Packer reminds us that the
presumption of guilt is not the opposite of the presumption of innocence. These two concepts
are different rather than opposite ideas. While the presumption of innocence is a legal directive
to criminal justice officials about how to proceed with a case, the presumption of guilt is
simply a prediction of the outcome of a case.
Therefore, the Crime Control Model places a good deal of weight on the effectiveness of the
30
administrative fact-finding process conducted by the police and prosecutors and emphasizes
the importance of this stage in the criminal process. The other stages are not as important and
should be reduced in prominence whenever possible. The device used to achieve that goal is
the plea-bargaining process. Ultimately, the Crime Control Model utilizes the administrative
fact-finding process either to exonerate a suspect or to have the suspect enter a plea of guilty.
It is important to point out that Packer was not suggesting that police and prosecutors
should only be identified with supporting the Crime Control Model. He maintained that it
would be a gross oversimplification to attribute the values associated with either model solely
to some of the more prominent actors in the criminal process, in particular police, prosecutors,
defense counsel, and judges.
Whereas the Crime Control Model offers an image of an assembly line, Packer indicated
that the Due Process Model resembles an obstacle course. Here Packer maintains that the Due
Process Model stresses the possibility of error and rejects the Crime Control Model’s reliance
on the ability of the police and prosecutors to get it right. To illustrate, people in police custody
may be induced by physical or psychological coercion; a witness may have a bias in the
outcome of a case; and witnesses are often poor observers of disturbing events. In light of these
kinds of issues, the administrative fact-finding process of the Crime Control Model becomes
suspect. The Due Process Model insists on a formal adversarial fact-finding process in which
the accused is heard publicly before an independent authority (a judge or a judge and jury).
Packer further pointed out that the Due Process Model is wedded to the notion of the
presumption of innocence and to the doctrine of legal guilt. The doctrine of legal guilt
essentially means that a person is to be held guilty only if the facts that determine guilt have
been discovered in a procedurally correct fashion and by the appropriate authorized
authorities. Thus, a person should not be held guilty, even though the facts might be adverse to
his or her case, if various rules designed to protect the accused and to safeguard the integrity
of the process are violated. Among the most obvious rules that could be breached by the
authorities are associated with rights involving search and seizure, the right to remain silent,
and the right to consult a lawyer. Of course, it is the courts that determine if the various agents
within the criminal justice system are in compliance with the doctrine of legal guilt.
According to Packer, the Crime Control Model is an affirmative model that emphasizes the
exercise of official government power. The Due Process Model, on the other hand, is
illustrative of a negative model that attempts to place limits on the nature of that official
government power. Packer’s two models attempt to illustrate in the American context how
these two value systems compete with the policy claims and assumptions associated with the
operation of the criminal process. When the political climate of opinion is conservative, aspects
of the Crime Control Model are in favor, while when the political climate becomes more
liberal, aspects of the Due Process Model are in the ascendancy.
31
Along with the concepts presented earlier (the nation state, the legal system, democracy,
rule of law, and systems theory), it seems that Packer’s two models could also be utilized as a
tool in the comparative analysis of the justice systems of other countries. The summary of the
key characteristics of Packer’s models were presented here to assist with those who elect to
pursue such an endeavor (see Figure I.2).
Figure I.2 Crime Control/Due Process Models
1. The Crime Control and Due Process Models represent separate value systems that
compete for priority in the operation of the criminal justice process. Neither model
represents an ideal. When the political climate is conservative, the Crime Control
Model is in favor; when the political climate is more liberal, the Due Process Model is
in the ascendancy.
2. These countries have a tendency to vacillate between the two models, but they are
often more sensitive to due process issues.
3. These countries have a tendency to vacillate between the two models, but they are
often more sensitive to crime control policies.
4. While it is suggested above in footnote 1 that the two models tend to compete for
priority in the operation of the criminal justice process, these countries appear to
favor the crime control model and often show little regard for the due process model.
Conclusion
Criminal justice is a relatively new field of academic study. If it is to mature and become a
viable academic endeavor, as well as to assure excellence in what it purports to be doing, it
would be well served to learn from some of the more traditional disciplines in the social
sciences. The comparative method has been included in sociology, political science, law,
32
history, and economics for a number of years, and each discipline has benefited from it. If
there is no reason to doubt that the problems in criminal justice are numerous and the issues
are significant, then we should consider employing the comparative method as a tool to help
analyze and resolve these difficulties. This text is designed to serve as a foundation for
utilizing the comparative approach.
33
Chapter 1
England
Concepts To Know
Statute of Winchester (1285)
Human Rights Act (1998)
Home Secretary
Police and Crime Commissioners
National Crime Agency
Independent Police Complaints Commission
Crime Survey for England and Wales
Henry II
Lord Chancellor
Constitutional Reform Act (2005)
Barristers
Solicitors
Crown Courts
Lay Magistrates
Proof by Ordeal
Fourth Lateran Council (1215)
Police and Criminal Evidence Act (1984)
Prison Service
Nacro
Children and Young Persons Act (1969)
Crime and Disorder Act (1998)
Youth Courts
34
Introduction
ENGLAND is a small island country situated off the northern coast of France. Throughout its
history, the country has been referred to as England, Great Britain, and the United Kingdom.
The official name changes occurred as a result of England’s political union with its
territorial neighbors. For example, in 1707, England and Wales united with Scotland. This
geographic alliance became known as Great Britain. When the southern counties of Ireland
formed the Irish Free State in 1922, the official name of Britain changed again—this time to the
United Kingdom of Great Britain and Northern Ireland.
In this chapter, we are concerned only with the geographical area known as England and
Wales. The reasons for this are quite simple. Scotland is not a common law country; its
criminal justice system consists of a mixture of common and civil law. This was a result of its
political association with France in the sixteenth and seventeenth centuries. Scotland retained
some of the legal characteristics that are indigenous to civil law countries such as France.
Northern Ireland is not included in this study as a result of the problems that exist between the
Protestant and Catholic factions of that country. The serious nature of these problems,
although they are beginning to be resolved, has caused the criminal justice system to be
altered somewhat from the common law system that exists in England and Wales.
England and Wales encompass an area of 58,350 square miles, which is a little larger than
the state of Michigan (see Figure 1.1). Many of the roughly 57 million inhabitants live in the
highly industrialized cities of the country. Although England no longer retains the industrial
supremacy it once possessed, the country continues to be a world leader in the manufacture of
heavy machinery. Agriculture, fishing, and oil are some of England’s other important
industries. The legacy that the people of England have given the rest of the world is significant
and indeed remarkable. The English have made major contributions in science, philosophy,
literature, and the arts, but their most important and striking contribution to the historical
evolution of civilization has been the creation of the common law and the development of
parliamentary democracy.
Government
The foundation for England’s political and legal institutions was established between the
eleventh and fourteenth centuries. It was at this time that the monarchy negotiated several
compromises with the nobility and, in the process, asserted its central authority. Following the
35
English Civil War, which occurred during the first half of the seventeenth century, the modern
basis for the country’s political institutions was established. The power of the monarchy was
curtailed, the authority of the House of Commons was secured, and the emergence of political
parties was established. Efforts at further reform and modernization were completed during
the nineteenth century.
As the country prepared to enter the twenty-first century, it embarked upon an intense
period of government reform. What is particularly striking about these reform efforts is the
fact that much of it is devoted to significant constitutional issues. The adoption of these
initiatives is designed to improve the effectiveness and efficiency of democratic government.
Figure 1.1 England
Map courtesy of Bruce Jones Design Inc.
While it is far too early to assess the impact that these reforms will have on governance, one
consequence is clear: The role and power of some units of the central government have shifted.
36
The Constitution
Many countries throughout the world have a written document called a constitution in which
the political and legal beliefs of the country are expressed. England does not have this type of
constitution; it has been characterized as having an unwritten or, more appropriately, an
uncodified constitution. The British constitution is a blend of statutory law, precedent, and
tradition that dates back to the time of King Henry I (1100). A large part of English
constitutional law is based on statutes passed in Parliament. Statutory law is an important
factor in the creation of this kind of “organic” constitution. This is best illustrated by citing
some of the significant statutes that were instrumental in developing British constitutional
principles. These, in turn, have had a profound impact on the creation of written constitutions
in other countries.
Magna Carta
The first document that carried with it this kind of significance was Magna Carta. In 1215,
King John was forced by English nobles to sign this charter, which was an expression of rights
and privileges of the upper class in medieval England. The charter consisted of 62 chapters or
issues identified by the nobles. Several of these address what we would consider basic
concerns for the administration of justice and illustrate early principles that today are central
legal values associated with the rule of law. For example, chapter 38 noted: “In the future no
bailiff shall upon his own unsupported accusation put any man to trial without producing
credible witnesses to the truth of the accusation.” Chapter 40 proclaimed: “To no one will we
sell, to none will we deny or delay, right to justice.” And chapter 45 announced: “We will
appoint as justiciaries, constables, sheriffs or bailiffs only such men as know the law of the
land and will keep it well.”
Chapter 39 was the most important and famous of these chapters, and is particularly
pertinent to criminal justice. It stated:
No free man shall be taken, imprisoned, disseised, outlawed, banished, or in any way destroyed, nor
will we proceed against or prosecute him, except by the lawful judgment of his peers and by the law
of the land.
For a number of years, some of the chapters in Magna Carta were misinterpreted. For example,
chapter 39 was described as originating trial by jury and the writ of habeas corpus, but both
assumptions are false. To the twenty-first-century reader, the real value of Magna Carta is that
it is the first attempt to explain in legal terms the germ of the idea of government by a
37
constitutional process.
The Bill of Rights
Another important historical document is the statute known as the Bill of Rights. Before
Parliament offered the English crown to William III and Mary II in 1688, it required their
acquiescence to principles that became known as the Bill of Rights. Among the principles that
appeared in the statute were:
Parliament should meet frequently to redress grievances and pass legislation.
Members of Parliament should be elected freely.
Freedom of speech should be assured during the proceedings of Parliament.
The Crown cannot suspend or create law without the consent of Parliament.
Excessive bail or fines should not be imposed nor cruel and unusual punishments
permitted.
The principal significance of this statute was that it established a clear foundation on which to
build a modern constitution.
The Act of Settlement
The Act of Settlement of 1700 was another statute that proved beneficial in establishing the
modern constitution. One of the most important provisions of this act was the recognition that
judges should hold office only during good behavior and could be removed only with the
consent of Parliament. These statutes, along with others, clearly stated that the monarch must
govern by and through Parliament. Since the seventeenth century, there have been other
significant statutes passed in Parliament that have in some way altered the British
constitution. Unfortunately, they are too numerous to list within the confines of this text.
These examples provide the reader with a sense of how some basic constitutional principles
were incrementally introduced, which usually coincided with Parliament enhancing its
authority.
The Human Rights Act
38
As mentioned earlier, the government has embarked upon an intense period of reform that has
some important constitutional implications. One of the most significant of these initiatives was
the passage of the Human Rights Act (1998). Although this legislation received the royal assent
in 1998, all of the sections to the act were not in force until October 2000. The significance of
this legislation is that it enables violations of the provisions of the European Convention to be
adjudicated in English courts.
The European Convention on Human Rights was ratified by the United Kingdom in 1951,
but it was not incorporated into domestic law. Nevertheless, the country has been bound by its
terms and court judgments under international law. The Convention is similar to a written
constitution, like the Constitution of the United States, in that it is a listing of fundamental
principles associated with a democratic form of government. The Convention consists of a
series of articles that address such rights and freedoms as the right to life; prohibition of
torture; prohibition of slavery and forced labor; right to liberty and security; right to a fair
trial; no punishment without law; right to respect for private and family life; freedom of
thought, conscience, and religion; freedom of expression; freedom of assembly and association;
right to marry; prohibition of discrimination; restrictions on political activity of aliens;
prohibition of abuse of rights; limitation on use of restrictions on rights; protection of property;
right to education; right to free elections; abolition of the death penalty; and death penalty in
time of war.
In 1966, citizens of the United Kingdom were empowered to petition the European Court on
Human Rights, which is based in Strasbourg (France), if they believed one of their
aforementioned rights had been violated by the government or an agent of the government.
Unfortunately, such an appeal was costly to the petitioner, because legal aid was not available
and the process took a good deal of time in light of various court delays. Five years has often
been cited as not being an uncommon length of time for a case to work its way through the
court. Since the enactment of the Human Rights Act (1998), as a significant feature in domestic
law, citizens of the United Kingdom can now initially petition an English court to adjudicate
allegations of various abuses associated with human rights.
Many scholars view the Human Rights Act (1998) as a new chapter in the evolution of
English constitutional law, because all public authorities now have a duty to comply with the
Convention on Human Rights (Wadham and Mountfield, 2000). It is important, however, to
note the distinction between a statutory and a constitutional duty. Most European countries
adopted the Convention as part of their fundamental or basic law. This kind of incorporation
enables the courts of a country to rule that a national law is incompatible with the
Convention. This type of adoption did not occur in the United Kingdom because the English
judiciary does not have the authority to overturn parliamentary decisions, that is, to declare a
law unconstitutional. Granting the judiciary that kind of power would be a rejection of the
39
idea of parliamentary sovereignty.
The Human Rights Act (1998) does address the issue of English law being incompatible with
rights spelled out in the Convention. According to Sections 3 and 4 of the act, English courts
can issue a declaration of incompatibility. This enables courts to indicate to the government
that remedial action should be taken to correct that portion of a domestic law that is not in
compliance with the fundamental democratic principles represented in the Convention. Thus,
although English courts do not have the power to override the authority of Parliament, the role
of the judiciary has been enhanced considerably by this legislation. The judiciary has been
given the authority to encourage both the executive and legislature to take corrective action
when domestic legislation is not in compliance with human rights provisions.
It should be noted that there are derogation statements in both the Human Rights Act,
Section 1(2), “[t]hose Articles are to have effect for the purpose of this Act subject to any
designated derogation or reservation,” and The European Convention on Human Rights,
Article 15, “[i]n time of war or other public emergency threatening the life of the nation.” The
issuance of a derogation order is of particular relevance in recent years as a result of the
international concern over terrorism. For example, the British government derogated from
Article 5 of the Convention, which deals with a person’s right to liberty and security,
specifically as it relates to being arrested or detained by the police. This was necessary because
parliament passed the Anti-Terrorism, Crime and Security Act (2001), which permits the
detention of suspected terrorists for extended periods of time that would not be permitted
under a typical criminal investigation.
The reader should also be cognizant of some other characteristics of the British constitution.
First, Britain is a unitary country and not a federated state. Therefore, Parliament is supreme
over the entire United Kingdom. Although this principle remains in place, it should be pointed
out that as part of the constitutional reform effort, devolution has been granted to Scotland
and Wales. In 1999, representatives were elected to the newly established Scottish Parliament
and Welsh Assembly. Second, Parliament exercises supreme legal power in Britain. As a result,
no English court can declare an act of Parliament unconstitutional. The limitations imposed on
the authority of the courts in the Human Rights Act (1998) illustrate the importance of this
principle to English jurisprudence. Finally, there is a fusion of powers in Britain, rather than a
separation of powers as is the case in the United States. Both the executive and legislative
branches of government are found in Parliament. Until relatively recently, the highest court in
the land, the Appellate Committee of the House of Lords, was also situated in Parliament.
With the passage of the Constitutional Reform Act (2005), however, the Supreme Court of the
United Kingdom was created to replace the Appellate Committee and became operational in
October 2009.
The passage of the Human Rights Act (1998), House of Lords Act (1999), and the
40
Constitutional Reform Act (2005) are illustrations of the “organic” nature of the British
constitution. Moreover, the British have been viewed for a long time as a rule-of-law-based
country. These statutes, each in their own distinct way, enhance that position even further.
Parliament
The British government has operated under the constitutional principle that the country
should be governed by a fused power rather than a separated one. Parliament provides that
leadership. It consists of three parts: the monarch, the House of Lords, and the House of
Commons.
The Monarch
The role of the monarch in Parliament has been declining for almost 300 years. The reason for
this reduction in power is constitutionally and politically related to Britain’s establishment of a
government based on democratic principles. Today, the monarch’s importance is symbolic; it
represents the unity of the country. For example, all statutes passed in Parliament are carried
out in the monarch’s name. Despite a loss of power, the monarch legally retains some
authority. The monarch convenes Parliament after an election and dissolves Parliament when
an election is required. The monarch calls for the leader of the political party who was
victorious in the election campaign to form a government—or, more accurately, an
administration for the government.
The House of Lords
Like the monarchy, the power of the House of Lords has diminished considerably. The
historical roots of this body are almost as ancient as the monarchy itself. Early English kings
traditionally had a great council that consisted of a group of nobles who advised the king on
domestic and foreign affairs. The House of Lords is the political descendant of the great
council and is considered to be the upper house of Parliament. Its authority has declined,
especially during the past 100 years, because the idea of popular democracy is theoretically at
cross-purposes with such an unrepresentative element in government.
The House of Lords performs several duties. Until 2009, it was the highest court of appeal in
the country, but when it sat as a court, only the lords of appeal in ordinary, also referred to as
41
law lords, took part in the proceedings. The House does a considerable amount of committee
work; that is, it examines and revises legislation proposed in the House of Commons. It has
been suggested that the House of Commons benefits from this because it has restrictions
placed on its time for scrutinizing legislation. The Lords’ most controversial power is the
constitutional power to delay the enactment of legislation passed in the House of Commons.
With the exception of budget bills, which are the sole prerogative of the House of Commons,
the House of Lords may delay the enactment into law of any public bill passed in the House of
Commons. This delay cannot exceed one year; if it does, the bill becomes law without the
House of Lords’ assent.
While the upper House of Parliament continues to provide a valuable service to the country,
the composition of its membership changed with the passage of the House of Lords Act (1999).
This was another piece of reform legislation that was designed to reduce the number of
hereditary peers sitting in the House. The objective was to eliminate a political anachronism
from a governmental process that is based on democratic principles.
To understand the significance of the House of Lords Act (1999), it is useful to consider the
composition of the House before the passage of this legislation. The House of Lords was
composed of approximately 1,200 members who fell into one of three categories. First, there
was a special group that consisted of the archbishops of York and Canterbury; the bishops of
London, Durham, and Winchester; and 21 senior bishops of the Church of England. Also
included in this special category were the law lords, who were responsible for performing
judicial duties for the House, which was the court of highest appeal. Second, the group of
hereditary peers made up the majority in the House of Lords, consisting of about 800 members.
Although some of these people were very capable, they did not hold their seat in the House
because of their ability to deal with legislative matters. Rather, they were members because
they held the noble rank of duke, marquess, earl, viscount, or baron—a distinction conferred
upon one of their ancestors by an English monarch at some point in the family’s history. Thus,
they had the hereditary right to sit in the House of Lords. The third category consists of life
peers. The Life Peerage Act (1958) enables the government, through the monarch, to recognize
people who have been outstanding public servants or who have made some significant
achievement in industry or the professions by appointing them to the House of Lords. Unlike
the hereditary peers, a life peer cannot pass the title onto his or her children.
The House of Lords Act (1999) is considered the first of a two-part phase in the reform of
the House of Lords. This act eliminated the automatic right of a hereditary peer to sit in the
House. It called for the election of 90 hereditary peers to continue to serve, along with the two
peers who held the ancient titles of Lord Great Chamberlain and Earl Marshall, making the
total 92. This is a considerable reduction from the roughly 800 people who were eligible to sit.
The bishops of the Church of England were allowed to retain their seats, but members of the
42
monarch’s immediate family were excluded. The hereditary peers who were excluded from the
House of Lords retain their title and are now eligible to stand for election to the House of
Commons. While there is a good deal of uncertainty as to when the second phase of the
reform of the Lords will occur, what is fairly certain is that the focus of reform will center on
the actual powers accorded the Lords and on the nature of the composition of this legislative
body—that is, a totally elected or partially elected and partially appointed House.
The House of Commons
Today, the most important component of Parliament is the House of Commons. When people
speak of Parliament, they are usually referring to the House of Commons. The origins of this
House can be traced to the thirteenth century, but it was not until the seventeenth-century
English Civil War that the Commons gained the political ascendancy in Parliament.
Presently, the House consists of 650 elected members. The typical member of the Commons
(M.P. for Member of Parliament) is affiliated with either the Conservative or Labour parties.
This House, more than the other two components of Parliament, represents the various social
and political elements of the British population. The major responsibility of the House is to
vote on legislative bills proposed by either the government or a member of the Commons.
Another duty is to discuss issues and pending legislation. Members of the party in power are
obviously attempting to support the government, while members of the opposition parties (the
parties that are out of power) seek to criticize it.
The function of discussing issues and pending legislation also serves a political end for all
parties, because England can be considered to be in a continuous election campaign. Until
recently, statutory law required that a general election be held every five years, but an election
could be called before that time. For example, it was not uncommon for the party in power to
call for an early election at a time when opinion polls indicated that it was riding a wave of
popularity. In addition, if the government lost the support of a majority on an important vote
in the Commons, it could request that the monarch dissolve Parliament and call for an
election. Because election campaigns usually lasted about three to four weeks, political parties
had to be continually capable of presenting their case to the people for either retaining power
or gaining power in the Commons. Thus, the House of Commons continuously provided all
parties with a forum for presenting their views to the British electorate.
The Fixed-term Parliaments Act became law in 2011. As the name suggests, this legislation
introduced a new procedural rule that parliamentary general elections be held every five years
on the first Thursday in May. Obviously, this eliminates the dissolution of Parliament by the
party in power often for its own political advantage. The new legislation does permit the
43
calling of an early general election under two circumstances. First, at least two-thirds of the
members of the House of Commons vote on a motion to dissolve Parliament and call for an
election. Second, Parliament can be dissolved and new elections called if there is a noconfidence vote in the government. This second rationale of calling for an early election had
existed under the electoral rules prior to the passage of the Fixed-term Parliaments Act (2011).
Prime Minister
In the modern British constitution, the prime minister has become the fulcrum for the English
form of parliamentary democracy. The way the political system works is largely dependent on
the prime minister. The leader of the political party that has won a majority of seats in the
House of Commons is selected to be the prime minister.
The qualities necessary for an effective prime minister are many; the person who occupies
this position must be versatile. The reason for this is quite simple. The prime minister must
combine into one job a set of responsibilities that in many countries are distributed among a
number of people.
The prime minister is leader of the nation. National opinion polls are largely based on the
personality and policies of the prime minister. Because the monarch has a right to be consulted
on national issues, the prime minister is the personal advisor to the monarch. The prime
minister is also leader of his or her political party. Although assisted in this leadership role by
party whips, the prime minister nevertheless must function as a party manager and conciliator
in keeping party members in line on important legislative issues before Parliament. Finally, the
prime minister is chair of the cabinet, which is created by his or her appointments to it and
which sets the goals and establishes the policies of the government.
The Cabinet
After the British electorate votes for their candidates, it is the responsibility of the monarch to
request that the leader of the victorious party—the one that has won a majority of seats in the
House of Commons—form a government. The British executive branch is composed of
members in Parliament whose political party commands a majority in the House of Commons.
This group is referred to as the cabinet. Membership in the cabinet is dominated by the House
of Commons, with a few members from the House of Lords.
Generally, the prime minister includes in the cabinet all the outstanding leaders in the party.
He or she is usually careful to include some younger members in order to groom them for
44
future key leadership positions. The wise leader will also assure that the various points of view
within the party are represented so that the cabinet serves as a microcosm of the entire party.
Each member of the cabinet is responsible to Parliament for the administration of his or her
department. For example, the Chancellor of the Exchequer is responsible for the Treasury
Department, while the foreign secretary is the chief executive of the Foreign Office.
Collectively, the cabinet is accountable to Parliament for the administration of the entire
government. Thus, the cabinet is responsible for three things: controlling the executive branch
of government, coordinating the work of various departments, and determining government
policy and submitting it to Parliament.
Political Parties
Although England has had three parties vying for power for more than 100 years, the
Conservative and Labour parties are considered the major political parties. The benefits of a
two-party system are similar to those found in the United States. The party that wins the
election usually has a clear majority in Parliament. The formation of a government by the
majority party assures a stable and disciplined government. The British electorate has a clear
choice at election time to retain the party in power based on its record or to select the
opposition party based on its promises for the future.
Conservative Party
The Conservative Party has a long heritage traceable to the seventeenth century. One of its
remarkable achievements has been an ability to adapt to the changing political and social
climate of opinion for more than 300 years. As is true of any conservative party, British
conservatives support traditional institutions and political and social principles. Often they are
devout defenders of the monarchy, the Church of England, and social class. Although they
may accept change and innovation, they reject change for change’s sake. They prefer to retain
established institutions and principles that have stood the test of time. This attitude helps to
explain why some members of the party are skeptical of the European Union, in particular, the
issue of monetary union.
The Conservative Party supports the principles of free enterprise, private property, freedom
of choice, self-interest, and reward for ability; yet, they have accepted in principle the concept
of the welfare state. They differ, however, with the opposition regarding the degree and the
means with which social services should be provided. As long as change occurs within the
45
framework of the constitutional tradition of parliamentary government, the Conservative
Party is willing to accept and endorse state activity in the private sector, as well as social
reform in the public sector.
Labour Party
The Labour Party was officially founded in 1900. The party’s ideology can be traced back to
the middle of the nineteenth century, when England was the most industrialized country in
the world. Throughout the twentieth century, the party supported a socialist ideology. Their
political platform emphasized a movement toward extending democratic principles of the
political realm to the economic marketplace. Their goals included the nationalization of
industries by the government, a more equal distribution of wealth through a progressive
income tax and other forms of taxation, the institution of social welfare services for all
citizens, and the elimination of a class-based society. Like their conservative counterparts, the
Labour Party has been willing to achieve these ends gradually through the parliamentary
process.
In the past few years, the Labour Party has attempted to become more mainstream or
centrist. To illustrate, they have changed their long-standing commitment to the
nationalization of industries. They support a dynamic capitalistic economy that is capable of
balancing the objectives of the private sector with the public interest and can display social
compassion for the less fortunate. They have espoused a policy that is tough on crime and its
causes. Finally, they initiated the current efforts at constitutional reform.
Liberal Democratic Party
In the late 1980s, the Liberal Democratic Party was created out of a merger of two small
parties: the Liberal and the Social Democratic Parties. The Liberal Party traced its ideological
position back to the seventeenth century. For much of the twentieth century, howeve…

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PHIL1310: Proposing a Solution to a Problem Essay

Description

Research and discuss a problem related to your research topic.  Identify the problem and generate two alternatives. What are the  advantages and disadvantages for each alternative? What do you think the  solution should be? What impact would this solution have if it was put  into place? 

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Prostitution
Juan Leandro D. Pamintuan
Concorde Career College
PROSTITUTION
Prompt 1:
What are the beliefs and what do you think are the sources of these beliefs? Explain your
beliefs and if possible, show the sources of your beliefs. Then describe how certain experiences
may have contributed to your current belief. The paper should follow the paper guidelines found
in the Resources section and be 500-750 words.
What are beliefs? A belief is accepting that something exists even without proof or that
something is true without asking for any evidence to support it being true. My beliefs about
prostitution and particularly sex trafficking can be biased, for instance, I believe that most of them
are there because they personally like doing it and also that most of them are illiterate or have
very little education. Another belief is that most of them come from the ghetto or low-income
areas and might be involved in other crimes. “Many active buyers believe that the women “enjoy
the act of prostitution” and “choose it as a profession.” (Bindel, J., Vigo, J., & Mukaiwa, M., 2019).
I know I am not the only one who considers it to be true that they might be sick with
sexually transmitted diseases and don’t use protection when doing their business. And they are
out there infecting their clients with STD’s. Most of these beliefs came from different sources but
most of them are passed on by society from one generation to the next. Like the belief that
prostitutes are all sick, we have been hearing this since the old days and it’s simply because they
sleep with a lot of partners a night without using any form of protection.
I came to realize that this may not be all true having watched a documentary covering
prostitution. One of them said that they don’t allow clients who doesn’t want to use protection.
The source of the belief that prostitutes like doing what they do because they love sex, what we
PROSTITUTION
forget is that sex is good when the feeling is mutual between two people. So, thinking about how
prostitutes do their jobs, we tend to think that they don’t like what they are doing simply because
they barely know their clients and it is clearly out of necessity. “Prostitution is commonly defined
as the custom of having sexual relations in exchange for economic gain. Although the sex is
traditionally traded for money, it can also be bartered for jewelry, clothing, vehicles, housing, food
or anything that has market value.” (Damewood, C. L., & Walker, J., 2019).
People who have a good education should have good jobs and live a good and comfortable
life, right? That is what most people think and assume. We also know this is not true because we
all know that not all people who had a good education have a good life. This is the same with the
prostitutes, some of them might already graduated from college or have a degree but due to the
harsh economic times and massive downsizing in companies, they find themselves doing the job
that they do not like just so they can afford their basic needs. This was confirmed by myself when
I recently had an encounter with one of them. As we interacted, I realized that she was a graduate
with a degree from a recognized institution and she went ahead to say that she has applied for
many jobs to no avail and she still continues to, despite being where she is.
When I said that I believe that most of them come from low-income areas, this is due to
the fact that when we judge them we tend to think that being poor and uneducated is where
people without good morals come from and this is due to the fact that there is a lot of crime in
those low-income areas. As much as this may be true, not all of them were born poor or
uneducated. Some come from affluent families and are only doing it because they might have
been troubled teenagers or who may have been rebelling towards their parents. Others are there
to sustain an expensive lifestyle or even doing it because their parents are not willing to give them
PROSTITUTION
that extra cash. I knew about this when I was watching the documentary on Netflix. Some parents
from well-off families confessed that they did not know that their daughters were involved in
prostitution or that they were escorts for very rich clients in and outside of town.
From the above experiences, my beliefs have been changed now for the better because
now I can relate with them and understand why they are doing these certain things. I also want
to educate others about what my experiences have taught me.
PROSTITUTION
Prompt 2:
Write a 250- to 300-word essay telling of an experience that had an important influence
on a belief that you held or hold pertaining to your topic. You should explain your belief, and
describe the experience, reflecting on what happened as you tell of its effects. You may want to
discuss the sources of the belief. Make sure to apply the information found in your lectures and
readings.
For a very long time, I have had the belief that those who take part in prostitution are in
it because they enjoy it and never for a second have ever thought that maybe other factors are
beyond their control. That has been my perception until I met one (prostitute) through a friend
and we got into a conversation. I was lucky she was friendly and was ready to talk and share
how she got into prostitution.
She started out working for some man where he could give her and other girls to clients
for a fee and he will pay them on a commission basis. When I asked her how she came to know
this guy she said she was taken to him by a friend when she was looking for a job after she was
left as an orphan. She told me one of her relatives will take her because she was grown and she
could fend for herself. Desperate to pay the bills, clothe and feed herself, she said she was ready
to do anything.
At first, she was reluctant but she opened herself up and started telling the story how
she got into prostitution. Little did she know that she will not be able to leave once she is in.
Long story short she has seen girls come and go and she knows her time is coming as she got
older. The clients like young girls and she knew when it was time for her to leave. This left me
PROSTITUTION
thinking how wrong I was to think so low of prostitution, I realized that they are doing it for
their own personal reasons and others might simply don’t have any choice. I came to realize
that my beliefs come from what the society paints of the prostitutes without a second thought
or even stopping to think about what led them there.
PROSTITUTION
References
Bindel, J., Vigo, J., & Mukaiwa, M. (2019, June 12). The Real Face of Prostitution. Retrieved
from https://www.truthdig.com/articles/the-real-face-of-prostitution/.
Damewood, C. L., & Walker, J. (2019, November 19). What is Prostitution? Retrieved from
https://www.wisegeek.com/what-is-prostitution.htm.
1
Running head: PROSTITUTION
Comparing Perspectives on Prostitution
Juan Leandro D. Pamintuan
Concorde Career College
2
PROSTITUTION
Comparing Perspectives on Prostitution
The selected analyses concentrate on prostitution. Numerous debates surround this topic.
People in society possess some prejudices regarding people who take part in this act and why they
do it. Numerous negativities are associated with sex workers. For instance, it is believed that all
the prostitutes are wicked and thus infected by the STIs. This is nothing but a belief that has lasted
in people’s minds for many years. The actual truth is, most of the things said about prostitution are
not true.
The manuscript topic selected for this analysis is prostitution. In the two analyses, there
were various views presented about the topic. One analysis was somehow judging, the other one
was somehow considerate. The perspective of each analysis was influenced by various factors
including the researches. In the first prompt (analysis), it is discussed that prostitution is an evil
act that usually involves persons who have no morals in society. Consequently, it was stipulated
that the persons who take part in this act are usually poor and uneducated. Further study depicted
a different perspective on the topic. In the second analysis, it started by evaluating the past
conclusions regarding the topic, some of the common beliefs were also highlighted.
The turning point in both analyses was after a short conversation with a sex worker. She
narrated her story and this changed my perspective regarding their work. Basically, the two
analyses contain the same beliefs and viewpoints regarding the topic. It is discussed that the
primary cause of sex trafficking is the act of prostitution. In most cases, if there were no business
associated with prostitution, then such acts would not be present in society. The other similarity
is that both analyses trust that all the sex workers are infected with STDS. Also, the two analyses
3
PROSTITUTION
conclude that prostitution, not all sex workers are infected with some diseases. Moreover, they
conclude that most of the sex workers do it for survival.
There are some disparities in the topic in the two analyses. The first analysis begins with a
strong prejudice and belief about issues surrounding prostitution. On the other hand, the second
analysis echoes what was discussed in the first analysis, however, the belief is not very certain. In
the first analysis, the act of prostitution has been presented as the evilest unethical act and its
devotees have been depicted as immoral. In general, the two analyses have various opinions about
prostitution, each perceives it from a view that the general society has.
According to Mathieu (2007), the issue of prostitution is very critical and it has fueled
numerous debates and views from the researchers, philosophers, religious leaders, and academics.
The most common debate is regarding the abolishment of prostitution in society. Most of the
proponents of this debate argue that prostitution is an act that devalues women in society. Also, it
depicts women as sexual objects who can simply trade their bodies for a few dollars. The
opponents of the debate contend the prostitution is a way of living for many women in society.
Consequently, they contend that people have free will to do what they please with their bodies.
This is among the issues surrounding prostitution, others like sex trafficking have likewise heated
various realms of life more so those related to activism and human rights. In general, it is important
to understand that most of the persons who take part in this act is to sustain their basic needs. This
may not be the case with the clients who do it for pleasure.
4
PROSTITUTION
Reference
Mathieu, L. (2004). The debate on prostitution in France: a conflict between abolitionism,
regulation and prohibition. Journal of Contemporary European Studies, 12(2), 153-163.
1
Running head: PROSTITUTION
Research Paper Annotation
Juan Leandro D. Pamintuan
Concorde Career College
2
PROSTITUTION
Article
The primary argument of the text, said Aleem Baig, President of Gender Reproductive
Health Forum. A survey conducted by the organization in 2002 revealed that there were. This is
a significant number and it indicates lack of employment among women in Islamabad in
Islamabad, with private businesses operating in almost every sector of the city.
“A few months ago, Chief Justice Iftikhar Muhammad Chaudhary and Prime Minister
Yousaf Raza Gillani promised that this could be an ultimate solution to prostitution, but that has
not happened to date,” said Baig.
Advisor to Prime Minister on Women Development, Yasmeen Rehman, said that being
an Islamic state, the government wanted to abolish prostitution from the country, however, “”.
Quite a confusing statement.
The 28-year-old dancer and sex worker Shehla told the Express Tribune that all she
evidence to author’s argument, but could not afford to. “My past is my curse; I have no way
out,” she said as she wiped a tear from her cheek.
“ This is among the reason why prostitution continues to grow in the region,” said
Executive Director for Women’s Organization for Rights and Development Aqsa Khan.
“Since Pakistan’s inception, failure of the government to help the situation of
prostitution.
Khan said Islamabad sees its fair share of prostitution but most of it is carried out in
secret. She added that although the trend of “red-light sex workers” was decreasing, the sex
business had found a new ally for itself in the internet.
3
PROSTITUTION
Shehla, originally from Bhawalpur, came to Islamabad after her marriage. But happy her
marriage was not, as she was forced to live alongside a man who cheated on her and abused her.
When the police raided their house and found drugs that her husband used to peddle on streets,
she was taken into custody alongside him. She was convicted and sent to prison.
It was her sister, Noor, who contacted her after her sentence and took her to a house. It
was here that Shehla was introduced to prostitution for the first time. Second piece of evidence
to author’s claims,” she said in her defence.
Noor, her sister, has a story of her own to tell. Narrating her ordeal, Noor said she came to
Islamabad to earn a “ The wish of many prostitutes.
Discouraged by the lack of jobs, one of her friends introduced her to a female sex worker
known as “Aunty”, who hired her as a dancer. Effects of friends and peers can also lead to
prostitution.
While performing in a dance club, a nephew of a well-known politician fell in love with
her and the two got married. “After my marriage I left dancing, but his family did not accept me.
Third piece of evidence to author’s claims” said Noor.
Another sex worker, Jiya, wanted to be a model but ended up becoming a club dancer.
She was originally from Multan and came to Islamabad to get married. Her husband, who
used to arrange her dance shows, fourth evidence to author claims.
“When I got pregnant, my husband insisted I get an abortion, which I refused,” said Jiya.
Her husband abandoned her when she was unable to dance in her pregnant state.
4
PROSTITUTION
After her son’s birth, her financial conditions forced her to resume prostitution, which has
taken its toll on her mental health, as she suffers from deep bouts of depression. “ This shows the
unwillingness of women to be in prostitution,” she sobbed as she recalled the circumstances that
forced her into prostitution.
Naina, a graduate, was forced into prostitution after her husband died, leaving her to
provide for their four children and her frail father-and-law.
“ Naina had no option but to join prostitution. I tried my luck everywhere,” she said the
fifth piece of evidence. “My children and father-in-law do not know that I work as a sex worker.
I told them I work at a parlour,” Naina told The Express Tribune. Names of the sex workers have
been changed to protect their identity
5
PROSTITUTION
Summary
The article describes some of the reasons why women get into prostitution and take it as a
profession. This information is passed through the narratives of various women in Islamabad. As
she narrated to The Express Tribune, Naina, after losing her husband, she was forced to take care
of her family as well as her frail father-in-law. Despite being a graduate, Naina could not secure
any employment even after sending numerous applications to various organizations. The
description provided by the article is based in Islamabad; this region is said to have about 20 000
sex workers (Wasif, 2010). The rationale for their choice of work is the increased poverty in this
region. The increased cases of poverty and unemployment among women have triggered them to
shift to other unethical forms of employment like prostitution.
Shehla likewise told The Express Tribune that she had tried many times to quit
prostitution, but she could not following many reasons, and among them include the economic
factors. She understood the dangers that are associated with prostitution, but still, she had no
other alternative. As she explained, she came to Islamabad anticipating a happy marriage; this
turned out to be sour when her cheating husband started abusing her. The two were arrested on
account of drug peddling, and she had to serve a jail term. After her release, she was introduced
into prostitution by her sister Noor. Noor was likewise introduced into this profession after
spending many months in Islamabad looking for employment, but she could secure none. Jiya is
another lady who was introduced into prostitution by her husband. As depicted by all the
narration of the women involved in this article, poverty is the primary cause of women entering
into prostitution in Islamabad. People have various opinions regarding this issue. However, it is
essential to look at it from multiple perspectives.
6
PROSTITUTION
References
Wasif, S. (2010). What drives prostitution? The Express Tribune. Retrieved on, December 16,
2019. https://tribune.com.pk/story/49604/what-drives-prostitution/.
Jeffrey Epstein
1
How Jeffrey Epstein Impacted the Fight Against Prostitution
Juan Leandro D. Pamintuan
Concorde Career College
Jeffrey Epstein
2
How Jeffrey Epstein has Impacted the Fight Against Prostitution
There is no doubt in anyone’s mind that wealthy, influential, powerful men have been involved
in soliciting prostitutes since the beginning of time. In fact, that is what makes prostitution a
viable career choice for women trapped in unfavorable situations. They know that they can find a
wealthy client to pay high dollars for their services. But in the era of #MeToo, and the
crackdown on human trafficking, particularly sex trafficking of minors, the days of the dirty old
rich man may be short-lived.
Which is why the arrest of Jeffrey Epstein, and his subsequent death, have had such a grip
on the American culture over the last several months. It is not just that he was a wealthy
billionaire, but it was that he was connected to wealthy, powerful, influential people, that may or
may not have been coerced into sexual favors.
The event that is being referred to is the arrest of billionaire financier Jeffrey Epstein.
Epstein, who had been under investigation for several years, and yet seemingly let off easy in the
past, was finally arrested in sex trafficking charges in July 2019. His charges included one
charge of sex trafficking of a minor and one charge of conspiracy to commit sex trafficking.
The ironic thing about Epstein’s arrest is the fact that he had been accused or suspected, of
trafficking with minors for several years. In fact, Epstein was being investigated in 2005 in
Florida, and after his subsequent arrest in 2008, he was given a sweetheart deal by the district
attorney who now serves in the Trump White House. In New York State, in 2011, Epstein was
downgraded from a level 3 sex offender (the worst kind) to a level one sex offender, a move so
outrageous that a New York Supreme Court judge ridiculed the decision.
The impact this has had on the crackdown of prostitution and the efforts to prevent human
trafficking is enormous. The Epstein saga highlights one of the biggest problems with the
Jeffrey Epstein
3
judicial system. That is the seeming failure to be consistent on who is a victim of sex trafficking
and prostitution or not. If a man is not arrested and tried for soliciting a prostitute, or other sex
trafficking charges, simply because he is wealthy or powerful, then do the prosecutors and
District Attorneys really care about the victims of these crimes?
As Jeet Heer elaborates in a column regarding Epstein, “Behind the protective anonymity
of the Jane Doe appellation, each of those girls had a real name, a family, and a story. In the
totality of their testimonies, the girls offered strikingly consistent accounts about being lured
while they were underage into Epstein’s mansion with the promise of easy money for giving a
massage. After the massage, many of these girls claimed, they were sexually assaulted.” (Heer,
2019). These words highlight the fact that caring for victims of sexual abuse and prostitution is
not as important as many claims to be, if it in facts, injures the wealthy or powerful.
To further compound this situation, Epstein allegedly committed suicide in August of
2019. Although the death was ruled a homicide, there is a lot of speculation that there was foul
play, especially considering the seeming incompetence of the prison staff and the fact that
Epstein was connected with a lot of high-profile individuals. If his death can be considered a
homicide, then it will really pressure the prosecutors to ask whether or not protecting powerful,
influential people is more important than protecting innocent victims of prostitution.
Regardless of the debate on whether or not prostitution should be legalized, the fact is
now it is mainly illegal in the United States. Again, people will run for public office declaring
their intent to crack down on trafficking. But, for every Epstein that gets away with it for as long
as he did, you have to question the motives and concerns of those in public office.
Jeffrey Epstein
4
Reference
Heer, J. (2019, July 10). Jeffrey Epstein Embodies Elite Impunity. Retrieved from
http://www.thenation.com/article/jeffrey-epstein-sex-trafficking/.

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Humanities Discussion Question

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Complete the Worksheet that I attached. To complete the second t able, select three reasons for creating an artifact from the resources provided, or provide your own reasons.

In the first column, state the reason for creating an artifact.
In the second column, provide an example of an artifact that could have been created for the reason presented.
In the third column, state whether the artifact was created by an individual or a group, and provide the name(s) of the creator(s).
Select one of the artifacts listed and answer one of the questions following the worksheet:

Do you believe the creator was successful in achieving their purpose? OR
How do you think the artifact and the culture in which it was created could have influenced each other?

I attached the rubric.

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HUM 100 Worksheet: Cultures and Artifacts
Part 1
Culture/Subculture
Object
Influence of Culture on the Object
1.
2.
3.
Part 2
Reason
1.
2.
3.
Example of Artifact
Creator
Select one of the artifacts and answer one of the following questions in two to three sentences:

Do you believe the creator was successful in achieving their purpose? Why or why not?
OR

How do think the artifacts and the culture in which they were created influenced each other?
Explain.
HUM 100 Worksheet: Cultures and Artifacts Rubric
Critical Elements
Engagement
Part 1: Content
Part 2: Content
Response
Communicates Clearly
Proficient (100%)
Worksheet is complete
Provides a response that
demonstrates basic
understanding of cultural
objects and the influence of
culture
Provides a response that
demonstrates basic
understanding of why
artifacts are created
Supports response in two to
three sentences
Clearly communicates key
ideas and thoughts
Needs Improvement (75%)
Worksheet is incomplete
Response is missing
components that would
demonstrate basic
understanding of cultural
objects and the influence of
culture
Response is missing
components that would
demonstrate basic
understanding of why
artifacts are created
Supports response with less
than two sentences, or
explanation does not
support response
Response needs
clarification in order to
support understanding of
key ideas and thoughts
Not Evident (0%)
Worksheet is blank
Response does not
demonstrate basic
understanding of cultural
objects and the influence of
culture
Value
15
30
Response does not
demonstrate basic
understanding of why
artifacts are created
30
Does not support response
15
Key ideas or thoughts are
not understandable
10
Total
100%

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Human Nutrition Discussion

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The answers to the following questions can be used as a basis for parts of your Project submission. Keep these questions in mind as you continue to learn about the artifact of human creative expression that you chose to analyze. After thinking about the two to three artifacts you were interested in at the end of learning block, choose one artifact that you will plan to study further during this course and use as the focus for your two projects. Compile your responses in a Word document, being sure to answer each of the five questions below, before submitting your work.

Identify your chosen artifact. 
Describe the artifact in detail using any applicable senses mentioned in the overview.
What are the elements of the artifact that you believe are most important to how you experience it? Does the choice of medium impact your experience?
State your opinion on what you believe is the purpose of this artifact and the success of the creator in achieving the purpose.
Discuss how the artifact reflects the culture (or context) in which it exists. Be sure to address what aspects of culture have relevance for this artifact: politics, history, religion, social perceptions, technology, media, education, and so on. In other words, how do the artifact and its culture interrelate

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HUM 100 2-4 Short Answer Rubric
Critical Elements
Engagement of
Response
Response Topic
Proficient (100%)
Provides a response to all five
questions
Provides a response that
demonstrates basic
understanding of humanistic
artifact selected
Communicates Clearly
Clearly communicates key
ideas and thoughts in a short
answer response
Needs Improvement (75%)
Provides a response to four
or fewer questions
Response is missing
components that would
demonstrate basic
understanding of humanistic
artifact
Response needs clarification
in order to support
understanding of key ideas
and thoughts
Not Evident (0%)
Does not provide a response
to any questions
Response does not
demonstrate a basic
understanding of selected
humanistic artifact
Total
40
Key ideas or thoughts are not
understandable
20
Total
40
100%

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Philosophy 424 Future of Humanity paper

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Writing, Rewriting, and Grading Philosophy Papers
Nick Smith
To many students, philosophy essays seem different from papers in other courses. Philosophy papers
actually have the pretty much the same elements as papers in other disciplines. We’re just more obsessive.
The best way to bomb a philosophy paper is to write a stream-of-consciousness ramble boldly asserting your
opinions. Philosophers do not give opinions–they make arguments. We argue about the very nature and
meaning of existence, and these arguments must be built from the ground up. We take nothing for
granted. Writing a quality philosophy paper can therefore seem absurdly difficult to newcomers to the
discipline. Philosophy requires analytic heavy lifting, but once you develop these muscles you will barely
break a sweat writing for your other courses. Philosophy is arguably the best form of training for law school,
for example, because there you will be required to build arguments on every exam and in just about every
class. Almost everything you study in law school is an excuse to practice your argumentation skills. You
can memorize every word the Supreme Court has written and still fail out of law school because you don’t
know how to write an argument. Whatever you do with your life, being able to construct and evaluate
arguments is very useful. It is how you distinguish true from false, good from bad, beautiful from ugly, and
meaningful from meaningless.
I’ll say it again: Philosophers do not give opinions–they make arguments. So what is an argument? In short,
you start with premises that you expect your readers will believe and convince them that they should believe
these premises. With a few premises in place, you go on to demonstrate why readers must agree with your
conclusion if she agrees with your premises.
I want to know WHY you hold your opinions and whether the reasons you give are convincing. If your
reasons are not convincing, you need to make a better argument. You may even need to change your
position. Whenever you make a claim, ask yourself WHY this claim is true. Give the best answer you can,
and you will then be doing philosophy. For example, you might claim that “Abortion is
murder.” Why? “Because a fetus is a person.” And why is that? “Because it has human DNA.” So does a
booger, so why does that matter? Etcetera. Whenever you make a claim you should imagine me asking you
why you think that it is right. The more “whys” you answer, the deeper your analysis will go and the more
likely you are to sink your teeth into some bedrock problem of philosophy. You cannot hide behind your
beliefs, emotions, intuitions, religion, or even the claims of famous philosophers. Some students find that
they feel “naked” thinking in this way. You are alone with your arguments, struggling to figure out for
yourself what is right and what is wrong. All of those questions that you’ve bottled up since you were a
curious tyke should be flowing freely. You needn’t discover a groundbreaking new idea in the history of
philosophy to get an A, but you probably will be blazing a trail in your own intellectual development.
The truly amazing thing about philosophy, which I hope you come to realize in my courses, is that the “big
questions” are not academic busy work. They are directly related to the meaning and value of our
lives. Once you experience the gravity of these problems, you will want to solve them for yourself. You
will need to solve them for yourself. This can get messy because you may run into a question that you have
no idea how to answer, yet you realize that it is essential to many of the beliefs you hold most dearly. Here
philosophy feels as important as religion, but instead of relying on faith you think for yourself. When you
reach this stage you write for more than just a grade in an institution, but for your own ends. You will
become a more thoughtful, reasonable, and better person.
Although philosophy essays can take many forms, the following guidelines should help you understand what
a successful paper will accomplish and how to go about the process.
1. Before You Even Begin to Write the Paper
Students often feel like they have millions of ideas about a paper swirling around in their minds and they
don’t know where to begin. The first thing you should do is get every idea that you have about the topic out
onto paper in its most basic shorthand form. You will notice that you actually have a half dozen or so
ideas. I suggest opening a word processing document and dumping all of your relevant ideas onto the
page. Also enter pertinent notes from class and passages from the readings that you find particularly
elucidating. Note where you’ll need to answer a “why”.
Once all of these ideas are out, you will begin to see how the pieces fit together. It will look something like
a chessboard, and you should start moving pieces around. I spend a lot of time staring at the screen at this
stage, and it’s usually when I’m thinking hardest. You will see that this group of thoughts speaks to the same
issue, that this idea follows this one, and that this quote supports this claim. Strategically move the pieces
around, and order will come from chaos. You can now divide the paper into sections and subsections, and
an outline will emerge. I like to break papers into sections with headings, as I have done with this discussion
of writing, because it makes the paper’s organizational structure obvious for both reader and author. THIS IS
THE PROCESS OF OUTLINING, AND IF YOU DON’T GO THROUGH THIS STAGE YOUR PAPER IS
DOOMED. As you’ll notice when doing the reading for the course, it’s easy to get lost in philosophical
arguments and the landmarks remind us all where we’re going.
Now that you have a sense for the structure of the paper, you can dig into analyzing your argument
itself. Does it add up? Where are the gaps and soft spots? What are the counterarguments, and where will
they spring up? How will you respond? At this point you will undoubtedly find that you need to return to
the texts for clarification and perhaps to dig up more support for your argument. Plug all of these materials
into the structure, continue to move the pieces around until you have a solid framework, and you have an
outline. You probably haven’t written a complete sentence yet, but you’ve done the most important work in
the paper.
2. Thesis and Introduction
Now you must start thinking about precisely what you will be arguing. As anyone who has taken a course
from me will tell you, I will hound you until your thesis is perfect. You must craft a clear, direct, interesting,
relevant, original, and engaging claim that you will argue for throughout the paper. The thesis should lay
bare the logic and frame of the argument. In other words, the thesis should state each premise and how the
premises add up to the conclusion. THE MOST RELIABLE WAY TO BEGIN A THESIS IS WITH THE
WORDS: “In this paper I will argue….”
If your thesis is not exactly right, I immediately know that the paper cannot earn an ‘A.’ You should boil
down the entire argumentative structure of the paper into a one or two sentence thesis to provide the reader
with a map of what is to come and explains the purpose of each subsequent paragraph. Your thesis and
introduction must set up each move of your argument so that the subsequent sentences unpack and reinforce
the previously stated thesis. It might look something like: “Mill’s utilitarianism, holding XXXXX [here
mentioning briefly the aspects of the doctrine relevant to your argument] has fallen prey to the criticism
[here stating a clear abbreviated version of the charge]. Mill defends against this challenge by [here a
careful, accurate, and quick rendering of the core of his retort] and/but ultimately succeeds/fails to hold off
this attack [and here the most crystallized version of your personal assessment of the exchange including
reference to the reasons and argument you utilize to embrace or assault the doctrine].”
An unsuccessful thesis will be too thin, cryptic, and without reference to the line of reasoning that will guide
the paper. This leaves the reader to begin a journey to a destination that hasn’t been clearly described with a
vague map that she has little reason to trust. Be bold, clear, and comprehensive. Don’t worry if your thesis
is a paragraph long. Your thesis is your conclusion (or better yet, a summary of your argument), and
therefore it can be difficult to write it at the beginning of the process. Just as you do not know the result of a
scientific experiment until after you have completed it, you cannot know your actual thesis until after you
have taken all the steps to prove it. In other words, your experiment may fail, and you will need to adjust
your thesis accordingly.
You must also consider the scope of your thesis. Is it too broad, for example attempting to compare Hume,
Kant, Hegel, and Nietzsche on beauty in an eight page paper? That sounds like enough for a large book or
series of books. Design a thesis that allows you to dig into each component of the argument you want to
make.
And please get right to your thesis in the first paragraph, better yet, the first sentence. Spare me the openings
like “Philosophers have debated the problem of XXXX for millennia….”
3. The Argument
Remember that the goal of the paper is to make a convincing argument. After setting out the map of the
terrain you will traverse in making your argument, you must proceed, step by step, to reveal your evidence
and prove that you are right.
Every sentence should have a purpose, and you should feel like you are laying down bricks to build your
argument. Your premises are the building blocks of your argument, and you take time to properly place and
set each one.
You define terms that need it, and you explain the concepts. You provide supporting evidence each time you
make a claim of any sort. Evidence may take the form of illuminating examples, textual support, explicit
demonstrations of sound reasoning, or any other effectively persuasive device. You do not rely on
unwarranted presuppositions, meaning that you do not found your argument on an undefined contentious
claim (for example claiming that happiness is the most important thing in life without arguing why). You
demonstrate consistent mastery of the issues and texts. When referring to the reading, you provide accurate
and defensible accounts of the relevant aspects of the texts, and you display sensitivity to the conceptual
nuances of the theories. You do not omit obvious support for your claim. All evidence consistently moves
toward establishing the thesis, and the support is properly laid out and well integrated into the paper’s
argumentative framework. You state all claims as concisely as possible, and all material is immediately
relevant.
You take opposing positions and potential weaknesses in your position very seriously. You lay out the
criticisms of your position in their most robust and meaningful form and do not misrepresent them so that
you can avoid their real challenge. You analyze and evaluate both your position and the opposing position,
and you honestly confront and surmount the potential criticisms with further sound argumentation. If you
cannot solve a problem presented by a counter-argument, you can revise your argument slightly, change your
argument altogether, or admit the strength of the counter argument but explain why it does not change your
position in light of other issues you find more important.
You go beyond rehearsing the typical points, and you establish an independence from the texts. At the
conclusion of your analysis, the merit of the thesis falls off of the paper like ripe fruit from a tree.
4. Style and Mechanics
You perform this work with elegance and grace. The organizational structure builds a strong and clear
frame, and the sentences fill in a robust argument. You demonstrate integrity and intelligence without
becoming pompous. The entire paper has been refined and does not have sloppy mistakes.
5. Rewriting
Rewriting is even more difficult than writing. Presuming that you have accomplished everything described
above, there comes a point of diminishing returns working on your paper before anyone else reads it. At this
point I suggest following an old bit of writer’s advice: take out half of the words. Every sentence can be
tightened up, and you will find that trimming your language of unnecessary words will improve your writing
significantly. Also, this is the time to read your paper aloud to yourself. You will see the paper from a
different angle.
You submit the paper to me and I return it to you with a dozen paragraph-long comments, each of which you
could write another entire paper responding to. Now you think your paper stinks, you’re sick of it, and you
check the calendar to see if it’s too late to drop the class.
You should start over with a new outline. Re-outline what your paper actually says, and then plug my
comments into your outline. Determine which of my comments you think merit responses or fundamental
changes to the paper. The structure of the paper may need to be rebuilt from scratch. Or maybe the structure
is sound, but your first paper concluded right where I thought it was getting interesting. Analyze my
comments, and argue back. The outline will expand like an accordion, and you will again be staring at it like
a chess board trying to determine how the pieces work together. Now you’re back to “Before You Even
Begin to Write the Paper,” and you are truly rewriting. All good papers go through this process, as even
professional philosophers do not hatch completed arguments.
6. Questions to Consider When Writing and Rewriting
After you draft your essay, try to read it as if you were someone else reviewing your writing. Consider the
following questions:
1. What is the paper’s thesis? Is it clear, direct, and interesting? Does the author provide a map that the
argument will follow? How might the thesis be improved?
2. How does the author go about making her argument? Is this strategy effective? Has she utilized the
most effective structure to build the argument? How might she improve the argumentative structure
of the paper?
3. Does the author effectively a) explain, b) utilize, and c) analyze the relevant texts?
4. Is the argument convincing and well-supported? Does the argument rest on any meaningful
presuppositions? On what points do you challenge the author? Articulate your opposition.
5. Does the author anticipate counter-arguments to her position and does she candidly address these
obstacles?
6. Does each word, sentence, and paragraph reflect a controlled and graceful engagement with the
material, or is the paper held back by awkward language? Point to specific areas where problems
with language arise.
7. Does the paper demonstrate courageous, independent, and critical thinking?
8. What are the three greatest strengths of this paper?
9. What are the three areas the author should think about most seriously during the revision process?
7. Response Papers
Take the response papers very seriously for several reasons. As mentioned above, you will have wellformed thoughts to contribute to class discussion after writing the responses. Second, I can gauge what
interests you and what you are struggling with from the responses and structure sessions accordingly. Third,
through my comments on the papers I enter into a continuous written dialogue with you. I am paying close
attention to your work and care about your progress. The responses also provide practice and fodder for
longer papers, and if you play your cards right the responses can become sophisticated building blocks for
your essays.
Although this is not true of all essays, I find that longer responses tend to be better. The response papers are
graded primarily on effort, and in this case length tends to bespeak work. Also, response papers that dig into
the reading or use an important portion of the reading as a starting point are usually the best ones. You
should use the response papers to explain the reading with some degree of comprehensiveness and precision,
and then forward your own arguments and criticisms. A good response paper on Kant, for example, might
explain the differences between the categorical and hypothetical imperatives and provide some critical
evaluation of the ideas. I give you freedom to write on whatever you like, but don’t abuse this and use it as an
excuse to b.s. your way through the paper when you haven’t done the reading.
As a general rule, good response papers do the following:
1) Accurately explain the theories at issue and cite the relevant passages to support the exposition;
2) Evaluate the theory and explain what is right and wrong about it or otherwise offer the author’s preferred
theory;
3) Explain the major counterarguments to the author’s positions;
4) Evaluate the counterarguments in the context of strengthening your argument.
Accomplishing all of this takes time and practice and 1000 words often is not enough.
8. All of this Reduced to Grades
Ultimately, I must convert your paper into a letter grade according to its relationship to the objectives
above. Here is my general grading rubric:
‘A’ papers:
• have a perfect thesis (see above) which states the premises and conclusion of the argument
• make a clear and sophisticated argument with a rigid analytic framework, meaning that all of the
premises are properly explained and add up to a viable argument
• dig down a few levels of “why” questions to get to genuinely difficult and important problems
• demonstrate fluency in the appropriate texts by citing and explaining them and don’t leave out textual
support where it would advance the argument. They also do not include discussions of the text that
are irrelevant to their argument
• do not simply recite the texts but analyze them, explaining where and why the author agrees and
disagrees with the texts
• use this analysis of the texts to advance their own independent criticism of the texts or application of
the texts
• often use original examples to support their arguments
• present counterarguments in their most challenging form and honestly respond to these
issues. Sometimes even the best papers admit when they do not have a convincing response to a
counterargument
• do not need to be literary masterpieces. Simple, clear, mistake-free, and well-organized writing is all
you need
• are often the product of rewriting after thoroughly absorbing my comments and re-outlining the
paper. Remember that I allow you to rewrite infinitely
• at the 700 seminar level, will be suitable for publication in an undergraduate journal or submission as
a graduate school/law school, etc., writing sample.
‘B’ papers:






fall short of the criteria for ‘A’ papers
have a pretty good thesis, but the thesis is often incomplete and too skimpy
have a sound structure
make a sophisticated argument with some success
may be missing a premise or have the premises in the wrong place
often do not quite accomplish the objectives stated in the thesis or otherwise don’t earn their
conclusion
• demonstrate competency in the texts by citing and explaining them correctly and when appropriate,
but don’t offer enough meaty analysis. ‘B’ papers often explain the material as well as ‘A’ papers, but
don’t evaluate it as thoroughly. ‘B’ papers do not have the same command of the material as ‘A’
papers
• rest on a relevant presupposition or two or makes uncritical assumptions
• address some counterarguments well, but don’t handle all of them convincingly, fail to appreciate the
full force of the challenge, or omit some counterarguments altogether
• can have all of the qualities of an ‘A’ paper but also have extraneous stuff that gets in the way
‘C’ papers:
• have a vague or otherwise undeveloped thesis
• try to make an argument but never get it off of the ground or lose sight of their argument and fall into
the dreaded stream-of-consciousness paper
• suffer from organizational problems and look like their arguments were not fully outlined before they
were written
• seem to understand the material but appear afraid to dig into the text and do battle with the problems
• discuss the issues, but only superficially and passively
• make an error in reasoning that must be corrected
• make assertions without justifying them
• address only some of the important counterarguments
• stray off-topic
• are sloppy
‘D’ papers:
• don’t have a thesis
• don’t make an argument
• read like a book report
• make grave mistakes in argumentation or understanding
• fudge to make the minimum word requirements
• are otherwise a mess
‘F’ papers:
• If you satisfy the word minimum, make an honest attempt to complete the assignment, and don’t
cheat, you will pass. The vast majority of ‘F’s in my classes are for incomplete work or plagiarism.
*And remember that if you make a genuine effort on the first draft, you can rewrite any paper for a grade as
many times as you can endure.

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Description

Submit your essay (or your contracted alternative), which must include thoughts on both parts of each module.
Your peer exchanges are due two days after your essay is due.
The essays are designed to be meaningful exercises of self-exploration (reflections) rather than busy work (summaries).
The practice of philosophy is a major goal of your essays and exchanges. This practice promotes and supports independent, creative and original thinking.  

Essays Due by 11:00 PM on Mondays and Thursdays.
Your essays need to be a thoughtful “journal-like” reflections.
Essays must address both part 1 and part 2 of each module’s curriculum.

A good reflection is one that I could not have read before. This is because it is the essay that only you could have written — due to your unique set of life experiences.
Minimum Requirements

Essays are not summaries. That is busy work.
Summaries do not receive credit because they do not require serious thought — simply the ability to record information.
Your essays must be more than 700 words to receive credit and be eligible for a C, more than 800 words to be eligible for a B, and more than 900 words to be eligible for an A.
Your assignments are not eligible for A’s if they require proofreading.

Assignments that are partial (not meeting minimum requirements) do not receive partial credit.
ESSAY PROMPTS

You are not required to use the following prompts, but they may help you think about what you are studying: 

What did you learn? What surprised you and/or caused enough doubt that you were inspired to do a little research and fact checking?

Did you find any specific ideas confusing or difficult? 
Did you have an emotional response, negative or positive? Do you know why?
Have you had any experiences you are willing to share with our class that help you relate to and understand any of the material in this module?
Did this assignment contain any “awakening” ideas, those that inspire you rather than depress you?

Did you find any of the ideas surprising? Why? 
Final Assessment Prompts
You do not need to use these final assessment prompts either, but they may help you put what you are studying this semester into a larger perspective.
Can you give an example or two in your essay that demonstrates you were engaging with, and thinking about, our curriculum in a serious way?
Did you study everything required or did you rush and skim?

Did you find yourself thinking about class content when you did not have to, such as finding yourself discussing ideas with friends or family?
Did you seek clarification about class material that confused you? If not, why not?
Have your studies contributed to any increase in self-knowledge (how you understand the world and your place in it) or a deeper understanding of one’s current world view?
India
Preface

My introduction to Hinduism came in a roundabout way. My father was active in some of the social movements of the sixties and the seventies, and as a result, so was I. One of those movements was the civil rights movement ,and if you know your history, you will know that Martin Luther King, Jr. was deeply influenced by the Hindu sage and political leader Mohandas Gandhi. Gandhi used the teaching of the Bhagavad-Gita (which we will study), among other teachings, to come up with his idea that the most effective and spiritual way to bring about peaceful political change was through the use of nonviolent resistance.

One of the first serious books I read as a teenager was a biography of Gandhi. Since then, I have taken courses in Hinduism and read many of the scriptures. It is a fascinating and amazing religion. I hope this short introduction will foster your interest if you are a novice, and if you know something about Hinduism, I hope it will deepen your understanding. Either way, I hope you all will take the time to read some of the scriptures, most especially the Bhagavad-Gita, one of the world’s great spiritual classics.

Introduction

Hinduism is a very unusual religion and this singularity starts with its name. It would be much better to call it Vedanta, or Vedantaism, for example, than Hinduism. Why? Because Hinduism is a Western name for the many different indigenous traditions of the land of India which used to be called Hindustan.

It is also unusual because it has no single founder, and it has developed and changed over the years.  What we first look at in early Hinduism is very different from later Hinduism.

“It is important to recognize that Hinduism is not so much a “religion” in the sense we think of it in the West as it is a general term covering all those religions and spiritual paths that have a common base in the Vedas  – Hinduism’s ancient scriptures.  In fact, the culture and religion of India is neither monolithic nor divided into watertight compartments.  Like America, but more so, it is a mix of many colors.  Individual components can be distinguished, but, in a sense, the mixture always has been slowly stirring, blending, and receiving new inputs throughout history” (MPMF, p. 57.)

Is Hinduism polytheistic or monotheistic? Well, traditionally, Hinduism is referred to as a polytheistic belief system, which seems obvious, because it has so many gods. But we have to be careful; because once we go past the surface, we start to realize that Hinduism has a very profound sense of the One God who is simply manifesting in multiple ways. That is, a Hindu may call God Rama or Krishna, but in the end they realize that these are just different names for the one unnameable mystery that is the underlying reality of everything, including the individual person. They call this ultimate and mysterious reality Brahman.

Before we go into the details, I would like to introduce the main idea of Hindu spiritual practice. Hindus teach that we all suffer from ignorance about our true identity. What we need is self-knowledge and the various paths we will study lead to this knowledge. This is one way of understanding the goal of Hinduism.

“The goal of Hinduism may be given many labels – God-realization, identification with the absolute, supreme bliss, cosmic consciousness – but it is perhaps best spoken of by more negative terms such as release, liberation, or freedom.  For it is really beyond all concepts and labels.  It is simply freedom.  Not freedom in any political or individualistic sense but inner freedom from everything that circumscribes or conditions the sense of infinity one has within; that is, freedom from all relation to the cause and effect of karma within or without.  One is to rise above and master all this, to become as free as sunlight and clouds in the sky.  Then one knows the answer to the secret of who one really is” (MPMF, p. 57.)

Ignorance of what is true keeps us in slavery to an endless round of births and deaths. Each of these lives has great suffering in it, and for the few who don’t experience intense suffering, they will eventually reach utter boredom. Why? Because nothing that the ordinary self craves or desires will bring the lasting satisfaction that is truly sought for by one’s inner self, or true self.

This is really not so hard to imagine. Think about something you really wanted as a child for a present. Perhaps it was a bike or a video game. When you first get what you want, you are so pleased and it is so great. But before too long, this wears off and eventually you start wanting something else.

Hindus teach that the same thing happens to us throughout our adult lives. We will be happy some day in the future after we graduate from college, after we marry the right person, after we make a bunch of money, after we retire, until eventually we are on our death bed realizing that we have been waiting for the next thing all of our lives.
Hinduism teaches that we can understand this process first and then eventually be liberated from it if we take up the practices it advocates and find the liberation that is the true desire masquerading as all of these smaller desires. Now let’s take a closer look at this amazing religion and the intense and wonderful people of India.
Understanding Hinduism
Hinduism is centered in India, but it is not limited to India. There are now Hindus throughout the world. It is also important to remember that not all people in India are Hindu. “The religion of approximately 80 percent of the people of India is Hinduism” (MPMF, p. 54.)
Travelers to India talk about what an amazing place it is, how intense everything is, and how Hindu temples are unlike other places of worship. For example, if you walk into a Hindu temple, one of the first things you will see are sexual symbols representing the masculine and feminine dimensions of God.

“The first thing seen [in the temple] was a large lingam, the phallic pillar, which is the expression of Shiva, set in an oval base called the yoni (a name for the female organ), which is the expression of Shakti.  Shiva is the absolute cosmic Being, sheer life force, and Shakti is the absolute power of the phenomenal universe, creative and destructive.  Like sexuality, the Shiva-Shakti dynamic is able to give the most stupendous joy and excruciating pain, to make and to rip apart.  In the presence of the lingam and yoni, one has the feeling that the Indian worldview is deeply biological, tending always in the end to see the cosmos as a great living organism” (MPMF, p. 54.)
Truly, the cosmos is alive like an organism because the universe is the divine manifesting itself as the cosmos. Everything is alive because everything is God. If this is true, why is it not obvious to most of us?
This is a good and important question. It is not obvious because we do not see things as they truly are. For example, we have a fundamental sense of dualism. It is almost like it is hard-wired into our brains. What do I mean by dualism? Dualism is the tendency to see everything in opposites and outside of our own selves.
For example, I am in here looking out my eyes at the world out there. Do you see? “In here” and “out there” may be the first dualism. And then there are all the others such as day and night, men and women, good and bad, cold and hot, dry and wet, etc. So how does Hinduism deal with this apparent reality of dualism? “To Hinduism, the meaningful dualism is not of man and nature, or of mind and body, but of the infinite or unconditioned and the finite or conditioned.  Mind, the unconscious, human society, and nature are all part of a biological continuum, all on one side of the dualism, because they are all alike conditioned; only the breakthrough which sees them all of at once and so makes the many one moves to the other side” (MPMF, p. 55.)
This breakthrough is the liberation referred to as the goal in Hinduism. Hindus believe that after this breakthrough, you will see the world as it really is. A metaphor for this is to imagine that a wave of water rises above the surface of the sea, and while it does so, it falsely imagines that it is separate from the sea. But once it breaks on the beach, it once again becomes aware that it is a part of the sea. But the truth, according to Hinduism is that the wave was never truly separate from the sea. And in fact, all of the water in all of the oceans is made up of the same elements, which we call H20.

Another metaphor I find helpful to understand, or at least get a hold on this profound teaching, is to consider the “wetness” of water. Whether the water is in the ocean or in a lake or river or rain, it is all equally wet. You could have a glass of water, a bath of water, or a swimming pool full of water. In any case the water is not “wetter” in your glass than in the pool.
For Hindus, the “wetness” of water is a way of understanding how God, “the wet,” is present in all of material reality, “the water,” even though we might not ordinarily be aware of this. There are two ways to approach seeing the world as it really is. One way is from the state of liberation, called moksha.
In fact, the only reason we are aware that there could be another way of viewing the world is because liberated people have told us about this way. The way we see it as ordinary people, not yet liberated, is through the eyes of dharma.
Dharma in Hinduism means the social order. Dharma is a complicated word. “The word dharma is one of those terms so broad as to require more an intuition than a precise definition.  But basically it can be understood as the social order of human civilization when it is righteous, that is, in accord with the cosmic order and it is the rites of the priests that sustain both.  But dharma also implies the righteousness and duty of the people, themselves, in the sense that it means moral behavior that upholds the social order.  Finally, dharma includes ritual usages that uphold the great cosmic-social order by demarcating one’s place in society or caste and sustaining the work of creation by “fueling” the Divine forces that move it” (MPMF, p. 55.)
In other words, we as humans have an important role to play in helping the universe manifest as it should, and one of those roles is to be liberated so that we can see it as it truly is.
It is important to understand that living a life of Dharma in Hinduism means living a life in harmony with the way things are in their true sense. And thus our lives become a form of art.
“Actually, seeing the world as dharma means regarding life as ritual.  It means that one suppresses one’s individualistic predilections in order to harmonize with the swing of the total pattern, so that the world becomes like a great dance.  There are rituals for rising, for brushing one’s teeth, for bathing, for eating, for love, for study, for worship.  One’s personal dharma, his or her particular steps in the great dance, are determined by individual birth and karma” (MPMF, p. 55.) 
One of the first things we have to do if we are to fulfill our dharma is to know what it is! That seems obvious on the one hand, but a closer look reveals that it is more complicated than that.
It is simple, in that there are some things all people have to do, such as follow the basic moral laws that all the religions teach. But it is more complicated, because in Hinduism different people, at different points in their lives, have different roles they are supposed to play. In other words, how we live out our basic moral values will be different depending on things like whether we are men or women, young or old.
And this, in turn, is determined by our karma. Action always implies cause and effect, for nothing in this world acts or moves without an impelling cause. Karma refers to that chain of cause and effect set in motion by one’s deeds in the world.  Sooner or later, through inexorable laws of justice built into dharma, they rebound to affect one’s own future as retribution or reward.  As one sows, so one reaps. 
One could just as well attempt to defy nature by jumping off a cliff and trying to fly, but you would still be met by the consequences, [whether you “agree” with them or not].  Retribution or reward will include (but is not limited to) the state in which one is reborn – as a monarch or slave, a god or a dog” (MPMF, p. 56.) A better rebirth might mean less suffering, but mostly a better rebirth will mean a lifetime when one is more likely to make spiritual progress.
Toward what is the Hindu progressing? Toward moksha, that is liberation. And what are we being liberated from? Well, as said above, you are partly being liberated from seeing things falsely, but ultimately, you are being liberated from the rounds of birth and death. In other words, a Hindu on a serious spiritual path wants to break free from the need to be reborn over and over again. “This is moksha, “leaping out,” finding liberation.  It is the final quest, after all other quests have run out.” (MPMF, p. 56.)
Hindus believe that the most important goal is discovering the true nature of yourself and the world around you. In other words, to know the meaning of life is the goal. What is the meaning of life, and what is one’s purpose? “The prevailing Hindu answer is that, in the great quiet of meditation, in hearing the sonorous words of scripture, in the joy of devotion, the realization comes through that there is only One – Brahman, Universal Being.  God beyond all personalities – and that “Thou art that” (MPMF, p. 57.) 
The Religion of the Ancient Aryans
We do not know nearly enough about the earliest civilizations in India. In the times of prehistory, the indigenous people of India practiced the tribal religions that were the religion of people all over the world, from what we can tell. As communities moved away from hunting and gathering and took up herding and agriculture, civilization formed as we have come to know it in different places in the world including India.
“The Indus Valley, in what is now Pakistan, was the scene of a remarkable civilization around 2500 to 1500 b.c.e” (MPMF, p. 58.) There are only ruins for archeologists to study, but these can reveal quite a lot.  What they do show is that they were remarkably advanced. One example is that their plumbing was so advanced that it was not seen again until Roman times, and then the modern world, in terms of its sophistication. They had writing, but this writing is still unknown.  Until scholars can break the code, our true knowledge of this civilization is limited.
It is the next society that we know more about. “Around 1500 b.c.e., a new people arose in India, and around this time the cities of the Indus Valley declined into ruins” (MPMF, p. 58.)  Were the original inhabitants overtaken or did they merge with the newer folks? We simply do not know.
For a long time, scholars have taught that the Aryans invaded these indigenous people and took over this area of India. The Aryans are a mysterious people from the north who also invaded Europe.  Thus, these people are called the Indo-Europeans.
Now, some scholars are questioning this, saying that the Aryans did not invade India, but were the original people of the Indus Valley. If that is so, then all we can tell for sure is that the civilization takes a definite turn around 1500 b.c.e. For example, there is not much evidence in the original Indus Valley civilization of religion; no temples were found. But after 1500 b.c.e., a religion begins that forms the root of Hinduism. Perhaps in the future we will have more evidence and discoveries that will reveal to us what occurred at the dawn of written history.
The Rig Veda
The earliest religious texts that we have are the Vedas. “The Aryans in India are chiefly known as the people of the Vedas, the fundamental official scriptures of Hinduism. “The oldest and most important of the Vedic scriptures is the Rig Veda, hymns to the gods sung while sacrifices were being presented” (MPMF, p. 58.)
All the rest of Hinduism builds on that foundation. Veda means “knowledge” and rig means “praise, verse.” So it means verses in praise of knowledge, and they are Sanskrit hymns dedicated to the gods. Because of its close linguistic and cultural similarity to the Zoroastrian scriptures in Persia, many have concluded that the Vedas point back to a tradition much older than the written text, which comes from around 900 B.C.E.
The actual composition may go back to 1700, making it the only example of Bronze Age literature with an unbroken tradition. “It is thought that Zoroastrianism and Vedic Hinduism evolved from an earlier common religious Indo-Iranian culture” (Wikipedia).  Because it is still used and recited today it is the oldest scripture that we have.
“The Rig Veda consists of 1028 hymns, many of which are intended for various sacrificial rituals. It is organized in 10 books, known as Mandalas (Wikipedia). They are no of equal length or in chronological order. The middle Mandalas tend to be the shortest and also the oldest. For a long time, maybe even a thousand years or more, the Rig Veda was an oral tradition, passed down by the priestly caste.
These earliest writings are not very philosophical. They mostly consist of hymns sung to the gods and rituals that needed to be performed. From this alone we would find it very difficult to know what the religion means and how it was understood. But we can figure out a few things. For one thing, the rites were a very specialized and specific series of movements and words performed only by priests, the Brahmins, and only at specific times and places. Everything had to be exact, so much so that if a mistake were made often the whole rite would have to be repeated. The Vedic seers elaborated on a highly developed mythology, but we are also beginning to see the mind trying to understand these stories. The seers were aware of abstract forces that seemed greater than any individual god, such as the force of order that correlated the cosmic and the human. “The profound meaning of Vedic prayer was precisely to maintain order: to watch carefully the normal course of natural phenomena so that by imitating these natural patterns, the ritual process might guarantee stability and renewal” (Renou, p. 22).
What does this tell scholars who study these kinds of rituals? It tells them that “the Vedic rites were a sort of science; the old Brahmins saw themselves less as enthusiastic lovers of their gods than as technicians making precise adjustments in the cosmic order to correct an imbalance or produce some desired result. For the [Vedic] sacrifice was nothing less than “making the world” and calling into life the gods who rule over it. The purpose then was to meditate on what the cosmos is like and to make adjustments in it in such a way as to keep it on a course or direct its power in desired directions: prosperity, the inauguration of a king’s reign, a son, long life, immortality in heaven” (MPMF, p. 63.)
“Sacrifice was at the center of Vedic religion; A succession of oblations and prayers, fixed according to strict liturgy, in which the culmination was reached when the offering was placed in the fire. The objective of the ritual was to enter into communication with the divine world and thence to acquire certain advantages, which profane initiative could not enjoy. Sometimes vegetable, sometimes animal, the offering consisted predominantly of the Soma plant, from which is extracted a liquor which possesses intoxicating qualities” (Renou, p. 23).
By bringing one’s ritual actions and words into harmony with the greater harmony of the cosmos, a priest was able to bring about an alignment with the true nature of things. In some ways, I think of this process as like going to a chiropractor and getting an adjustment on ones back. The idea is that the body is fine in itself, but for various reasons, it can fall out of harmony and require adjusting. We don’t know much about how this would affect the many people who were not priests.
“Although it does not disregard interior ritual or asceticism, Vedic religion is primarily a ritualistic religion in which the believer defines faith as the conviction he has of the exactitude and effectiveness of the rite. Moral obligation demands the exercise of good acts, of giving (“Give in order to receive”). Many of the primitive values of restraint and of the exchange of goods have been preserved in the Vedic religion. On ultimate ends and future life there is no clear perspective” (Renou, p. 24).
All of the great philosophy we know of as Hinduism today would come later as sages and mystics wrote commentaries on these hymns, which have come down to us as the Upanishads.
The Yoga Sutras
When it comes to liberation, Buddhism taught (as will see) a profound method of “waking up.” Yoga was, in many ways, the Hindu response. “The teaching on Yoga was synthesized in the Yoga Sutras of Patanjali (c. 300 C.E.)” (MPMF, p. 74.) 
Yoga was a way of working with the whole of human nature, body, emotions, and mind, in a holistic and integrated manner. There are many types of yoga. I will focus on four main types. Which one works best for you has more to do with your own temperament than the yoga method itself. There is Bhakti yoga, Jnana yoga, Karma yoga, and Raja yoga.
Underlying all the yogas, however, is the basic exercises that have become famous in the Western world, known as Hatha yoga. The idea is that the body is a crucial part of our human experience and we need its cooperation in order to receive liberation. By exercising and stretching the body in specific ways we increase our ability to do spiritual practices.
“Thus, hatha yoga, the physical yoga of postures and breathing exercises, plays a major role in the spiritual quest.  Rightly understood, breath and body are indispensable tools.  Brought under control of spirit as precision instruments, they can facilitate states of consciousness that evoke the goals of spirit” (MPMF, p. 74.)
In the Western world, yoga is often taught as simply a form of exercise. But in the Hindu system, it is the basis for a deep and amazing spirituality. Before we talk about the four yogas, let’s first look at the yogi path described in the Yoga Sutras, because it applies to all of the yoga paths.
If you want to follow a yoga path, there are different aspects to this path. The first two are following the positive and negative moral restrictions. That is, you must be on a morally decent path before you attempt yoga. Most of these morals are common to all the world’s religions.  You must make an effort to be good and ethical.
Next come two steps where you learn breathing exercises and bodily postures that will help you channel the energies of the body in a way that promotes the next steps toward liberation.
The fifth step is to learn to disengage from your outer senses so that you can pay full attention to the “inner, subtle ways of awareness. Just as a blind person develops especially sharp touch and hearing, so yoga tells us that when all the gross senses are withdrawn, other undreamed-of capabilities latent in the human being begin to stir” (MPMF, p. 74.)
Sometimes a person can become so fascinated with these movements into what we might call psychic powers, that they can get caught up in them and use them in a wrong or even harmful fashion. The idea seems to be that if you develop yourself, you will come into sources of power that are only latent in most humans. You must never forget that your goal is not more power, but liberation. If your goal is liberation, then you don’t want to get trapped on the way.
Just as sex and money are the downfall of many people who get trapped by the pleasures of the world, so spiritual powers can lead to what some people have called a “spiritual materialism.”
“But these powers called siddhis, doubtless tempting to many, are to be given up for an even greater goal – true liberation of the true self.  This is the work of the last three steps, which are interior: dharmana, concentration; dhyana, meditation; and samadhi, the absolutely equalized consciousness of perfect freedom” (MPMF, p. 74.) 
The goal of liberation means that we should not get stuck before we reach samadhi, which is true realization and liberation. Now let’s look briefly at the four main yogas.
Bhakti yoga is the path of love and devotion. It is often considered the most direct route into the divine, for nothing opens our beings like the experience of love. Devotion is the antidote to the selfishness of the ego, the false self. It allows us to get outside of ourselves and focus on the other. In Bhakti yoga, the yogi may focus his or her attention on a specific manifestation of God, such as Krishna, or it may be focused on one’s Guru. But the results are the same. Our hearts expand and break open.
Jnana yoga is the path of the mind, for those who are intellectually inclined. It is the path of prayer and study. One studies the scriptures and tries to learn all he or she can. In the end, one realizes that it is not an accumulation of facts that is important, but the depth of insight attained. In other words, one is not simply interested in knowledge, but in wisdom. One of the things that wisdom teaches is that our knowledge is limited. And so in an ironic fashion, the path of study becomes the path of seeing the limitations of rationality and logic, and recognizing that the finite can never understand the infinite.
Karma yoga is the path of action and service. It is the path of practicing goodness. Most things we do for some ulterior reason, even if it is a good reason. With karma yoga, you serve only for the purpose of serving. It is “God in me serving God in others.” Another key component is that you serve while practicing non-attachment. That is, you do the best you can do with full love and compassion, but then you leave the results to God.  You don’t look for rewards or for thanks. Serving is its own reward.
Raja yoga is the path of meditation. All yoga leads to a type of meditation, but this is the yoga that really puts the focus on working with meditation with the same urgency as Buddhism. One seeks liberation by seeing clearly into the true nature of things.  This is accomplished by introspection, rather than by gazing without.
There is a new form of yoga being taught by the twentieth century sage Sri Aurobindo called Integral Yoga. Integral Yoga is the path of combining all four yogas, the way an athlete might use cross training to improve his or her health. The athlete might specialize in football, but he or she lifts weights, runs, and stretches as well, to maintain overall health and fitness.
Sri Aurobindo taught that if a person combines the yogas in an intelligent manner, he could increase the speed and efficiency of all of them. This also requires a certain amount of flexibility, in that you have to be sensitive to what is going on in you so that you can fine tune all the time. Perhaps today you need more raja yoga, while tomorrow you will need to do more service. The idea is to incorporate all of the wisdom available and then put it to good use.
The Bhagavad Gita
The Bhagavad Gita is a great summary of the Hindu vision of reality. It also contains a timeless and universal message that has caused it to be loved by people everywhere. The English title might be translated as “Song of the Blessed One,” or, “Song of the Adorable One.” The Adorable One is Lord Krishna, who is God in human form. That is, Krishna is an avatar. An avatar, who is God directly “descended” into human form, appears on earth periodically–in different forms, under different names, in different parts of the world–to restore truth in the world and to shower grace on the lovers of God. The Gita is the song of Krishna to humanity. In many ways, the Gita is to Hindus what the Gospels are to Christians.
In the Hindu tradition, Krishna is worshipped as an avatar of Vishnu, that aspect of the one indivisible Brahman who preserves and protects the creation. Many Hindus regard Krishna as a universal savior figure comparable to (or even identical with) such world teachers as Jesus and the Buddha. In the Gita, Krishna is a companion and teacher, as well as the god who commands devotion. Krishna is the incarnation of cosmic power that periodically descends to earth to accomplish the restoration of order in times of chaos.
The teaching of the Gita emerges from a battlefield conversation between Lord Krishna and the warrior Prince Arjuna. The war is between two royal families and is said to have taken place about five thousand years ago. The long story of how this conflict came about is told in the Mahabharata, India’s vast national epic (twelve times the length of the Iliad and the Odyssey combined, it is the longest poem ever written). The Bhagavad Gita is the sixth chapter.
In the story, Arjuna is getting ready for battle, when he sees the destruction about to be unleashed and falls into despair. He throws down his weapons and gives up just before the most important and decisive battle. The Gita is mainly Krishna’s response to this evasion of Arjuna’s duty (for he is of the warrior caste).
This is not necessarily an advocacy of violence and warfare. What it mainly seems to be teaching is that we cannot find liberation by avoiding the duties of our caste. In Arjuna’s case he must fight, but he can do his duty (karma yoga) while resting in the fact that the soldiers on both sides are only acting out the play of God. In other words, no one is killed and no one kills (in the ultimate sense). All is God and in the end, all Arjuna needs to worry about is doing the right thing and leave the results to God.
“Some say this Atman [the soul]                    
Is slain, and others                                 
Call It the slayer:                          
They know nothing                               
How can It slay…                                 
Or who shall slay It?                    
Know this Atman…
Unborn, undying,       
Never ceasing,
Never beginning
Deathless, birthless,
Unchanging forever,
How can It die
The death of the body?” (Quoted in MPMF, p. 75.)
Needless to say, this is a problem for many spiritual people, who struggle with what to make of it. Here we come upon the problem of interpreting the scriptures of the world. Some people take it literally and see that war is justified. Others, such as Gandhi, who loved both the Gita and nonviolence, interpret the Gita as a religious allegory for the battle we must each do in our soul to conquer our inner enemies such as fear and selfishness.
It might also be thought that then you cannot achieve liberation as a member of the warrior caste. Surely you must be a member of the priestly caste and keep your hands clean of the blood of war. But Krishna teaches that it is not what we do, but how we do it and in what spirit we do it.
Karma yoga teaches us that the different castes and different stages of life all have different purposes.  We must fulfill our purpose to the best of our ability. “It is all a matter of how one lives in the world.  The object is to become one with the Absolute, so that nothing in one’s thoughts or deeds causes separation.  But if Brahman is truly All, the world of the activist is just as much God as that of the recluse.  Brahman is expressed through dharma as much as moksha if it is truly All – in the caste laws and all of life’s stages together.  One can realize God in acting as much as in meditation, if one’s actions are as selfless as meditation and as passionless” (MPMF, p. 75.)
We have already seen that in karma yoga, the goal is to do what you need to do without being attached to the results. Where could this be more difficult than in a battle where one might have to give up one’s life? And yet, the more difficult it is, the more we can see how spiritually fit you must be to put it into practice.
“The point is to be in the world impersonally, objectively – doing not out of personal desire for the fruits of one’s actions but fearlessly and dispassionately, as it were by proxy for someone else, motivated solely by the duty and righteousness of the act.  Then, with one’s feelings not getting in the way, one’s actions are a part of the great dance of the cosmos, of the life of the whole social and natural organism, and are as quiet and far-reaching as meditation” (MPMF, p. 76.)
“You have the right to work, but for the work’s sake only.  You have no right to the fruits of work.  Desire for the fruits of work must never be your motive in working.  Never give way to laziness either.
Perform every action with your heart fixed on the Supreme Lord.  Renounce attachment to the fruits.  Be even tempered in success and failure; for it is this evenness of temper which is meant by yoga.
Work done with anxiety about results is far inferior to work done without such anxiety, in the calm of self-surrender.  Seek refuse in the knowledge of Brahman.  They who work selfishly for results are miserable” (MPMF, p. 76.)
Even if we cannot accept these teachings as spiritual truth, they are good teachings about stress reduction! After all, most of our stress comes from trying to control other people, situations, and things. And yet, we can’t control all of these things, so if we can realize this, then we can let go and experience a lot more peace in our lives. If we can take this teaching as spiritual truth, then we are up against the problem of trusting in the divine. Can we really believe that the divine has everything under control? Can we “let go and let God,” as the popular saying goes? Well, we must try if we are interested in the path of karma yoga.
The Gita has so much more in it. It talks about the other yogas, and teaches that we must love God with everything we have. It teaches that God is personal and is involved with us intimately and intensely. The Gita is a short book and I encourage you all to read it. 
Buddhism: The Life of the Buddha
The Buddha was born in the north of India, in what is now Nepal, around the year 563 B.C.E. He lived for about 80 years, until 483 B.C.E.  The Buddha passed through everything Hinduism could teach him, and he went on until he found the final gate that would release him from suffering. More importantly for the world, the Buddha was not simply liberated, he was able to trace back how this happened, and therefore was able to pass this teaching on so that we still know today the steps that must be taken if we are interested in testing the Buddha’s way.
Buddhism is based on the life of the historical Buddha, which we have not studied, so I will say a little something about this in a moment. It is also the result of many influences from many cultures. As Buddhism has traveled to different countries, it has taken on many local aspects and customs, so that the Buddhist world can look very simple and serene in certain settings, such as a Zen monastery, and elaborate and almost tribal in other contexts, such as in the Tibetan culture.
“Buddhism is not rooted in a single culture or area, as is Hinduism, but is an international religion, a movement introduced in historical time into every society where it is now at home.  It has deeply pervaded these cultures and deeply identified with them” (MPMF.) 
In this lecture, we will look at the Chinese influence on this religious teaching. Buddhism always returns for inspiration to the basically simple and straightforward teaching of Siddhartha Gautama, the historical Buddha.
Buddhism emerged in Northern India, but for a variety of reasons it did not remain a strong movement in its native land. “Buddhism has a somewhat different atmosphere than the Hindu context out of which it emerged.  Buddhism always combines something of the Indian spiritual tradition with very different cultures.  However, instead of the rich, heavy “biological” flavor of Hinduism, Buddhism has a more psychological thrust” (MPMF, p. 122.)
It is no surprise that many people who are involved in psychology in one fashion or another are often attracted to Buddhism. When you realize the important place meditation plays, you see that Buddhism looks inward. In the process of this inner examination, Buddhist philosophy developed some profound insights into the nature of the human psyche and how it works.
Given the fact that Buddhism is so psychological and meditative, one might easily wonder if Buddhism is not the religion of solitaries. This is not true. Buddhism is also about the samgha, that is, the Buddhist community. Buddhists realize, as well as everyone else, that we need each other. It is difficult to practice alone, and it can even be dangerous to practice without receiving feedback and guidance from others.
The goal of Buddhism might be said to be enlightenment, but as we will see, enlightenment is not a static state of blissing out, but a state that is dynamic and demands expression in service and compassion. In other words, the more enlightened someone is, the more loving he or she will be. It is not always easy to be loving, to express love, on your own. Enlightenment must be shared.
While Buddhism begins with a very simple teaching, it has led to an immense amount of philosophical speculation. Once you connect with the idea that the truth can be found within, you start to think about how this inner truth relates to the very nature of reality.
“Buddhist theoretical expression is psychological in point of departure, for it is concerned with the analysis of human perception and experience.  Buddhist thought is not a vague diffuse mysticism but a sharp precise intellectualism that delights in hard logic, and numerical lists of categories.  It holds that ordinary life is unsatisfactory, for it is based on ignorance and desire, resulting in the inability to realize that there is no “self.”  All entities within the universe, including human beings, are impermanent compounds that come together and come apart.  The answer is a different kind of mind, a “wisdom mind,” which finds the “middle way” between all attachments, uniting all opposites – being, like the Buddha, free of partiality toward any segment of the cosmos – and is therefore, in its unclouded clarity, open to all omniscience, all skill, and all compassion” (MPMF, p. 123.)
Theravada Buddhism
The oldest form of Buddhism is Theravada Buddhism “The Buddhist world is now divided into two great traditions. Theravada (“Path of the Elders”) Buddhism is found in such nations as Sri Lanka, Thailand, Cambodia, and Laos. Mahayana (“Great Vessel”) Buddhism has spread throughout China, Korea, Japan, Tibet, and Vietnam” (MPMF, p. 133.)
Most Westerners are more familiar with Mahayana Buddhism, because it is the Buddhism of Zen and Tibetan Buddhism, the most popular forms of Buddhism in the United States and Europe. Historically, we must start with Theravada Buddhism.
Any time you have a religious teaching, there will be some confusion as to what the teacher meant when he or she said any given thing. As long as you have the Teacher, you can ask questions and try to figure things out. But once the teacher is gone, and especially when you are relying mostly on an oral tradition, it becomes necessary to figure out what the “core teaching” really is.
You can even see this in a political metaphor. In the United States, the “core teaching” is the constitution. All of the courts and laws are about trying to figure out how to put the Constitution to practical use. In other words, how to live out the principles of what this core document has to say. Well, in religion it is no different.
This impulse to “get things right” is a noble impulse of protection. It is all too easy for false teachings and stories to enter a tradition. It is not surprising that people want to be sure of what the Buddha taught and then preserve it for all time. Theravada Buddhism provided a rich understanding of the Buddha’s teaching, but due to its stress on the monastic life, it was only a matter of time until a broader form of Buddhism would emerge.  Since that is the Buddhism of China, it is to that that we must now turn.
Summary
Hinduism is a religion of much diversity. It seems to answer the call to polytheism with its belief in Brahma, Shiva, and Vishnu, and yet it also responds to the call of monotheism with its adherence to Brahman, the one source of all reality and the great mystery beyond words and thoughts.
In general, it is a tolerant religion. For example, it does not expect all Hindus to follow the same path or lifestyle. It recognizes that different people, at different times in their lives, need different practices and need to be concerned with different things. Hinduism tries to find a balance between doing what we need to do in this world, while at the same time taking liberation from this world very seriously.
Hinduism “embraces a vast diversity of gods, practices, and spiritual paths. It includes the worship of God through images and concepts and by taking those images and concepts away” (MPMF, p. 113.) This ability to give people many options to find their way to God helps explain Hinduism’s longevity and adaptability.
Hindu philosophy is known as Vedanta. This teaches that there is only one ultimate reality, Brahman, and we are united with that source as our own very being. Vedanta has influenced American thought and life through the Transcendentalists.
We must remember that there is a certain amount of speculation when it comes to early Hinduism, because we simply do not know enough. What we do know is that people in India began to question the validity of these “outer” rituals and rites based on the Vedas, especially if they did not correspond to an inner disposition that could make sense of them.
How do we know this? Our understanding of Hinduism really comes from the commentaries on the Vedas, the most famous of which are called the Upanishads. It is here that we come across all sorts of profound and amazing teachings about ourselves, God, and the nature of the universe. One of the key changes from the Vedas to the Upanishads is that it is made clear that the outer ritual actions must be in harmony with inner spiritual work.
This “paved the way for philosophy and yoga. For the person was now the cosmos; one replaced with oneself the cosmic sacrifice; all without was also within, the greater in the smaller and the smaller in the greater.  This is the secret of the Upanishads, the last and most philosophical commentary of the Vedas.” (MPMF, p. 63.)
The Upanishads teach that we are one with the cosmos. If this is true, then this knowledge will change everything about how we view the world and our place in it. Since most of Hinduism rests on the insights of the Upanishads, it is important we take a closer look at them as they are revealed in the story known as the Bhagavad Gita.
The Gita is a great summary of the Hindu vision of reality. Its message is timeless and universal and transcends all religion. A traditional view holds that the different emphases in the Gita are not disagreeing with each other but rather looking at different facets of the same gem. As the Vedas state, truth is ever the same, though the wise speak of it in various ways.
Three Points to Facilitate Understanding: The dialogue it tells about and the battle it describes is a metaphor for the journey of every soul. We all must have this dialogue between the self that is in the world and our deeper, truer self that is the divine spark in us.
Second Point: “Each of us contains the doubting, despairing, potentially brave and illumined human being (Arjuna) and the mystery of Krishna (the eternal Divine Self) hidden behind all the veils of our psyche and mind.” Third Point: We must approach a study of a text like this in the manner of a medieval monk doing Lectio Divina. That is, we most approach it not as a text to tackle and finish, but as a poem to meditate and reflect on. In other words, the Gita is a wisdom document.
Core Message: 1. We must not give into depression and despair. Through spiritual practice and wisdom we can face the battle of our lives in a world desperate for love and healing.
2. We are encouraged to realize our own union with the divine because that is the main source of our hope and strength.
3. The Gita teaches the importance of “letting go and letting God.” That is we are to give up our attachment to our own plans and success and to our own need to feel important and to be of service for less than holy reasons.
Keys to understanding the teaching of Krishna:
1. “Krishna’s exposition of the relationship between death, sacrifice, and devotion dramatizes the Hindu idea that one must heroically confront death in order to transcend the limits of worldly existence.”
2. “Krishna directly addresses Arjuna’s emotional attachments, uncertainty, and inability to act, and in the process, he enlarges Arjuna’s awareness beyond the personal and social values that Arjuna holds sacred.”
3. “In order to explore the paradoxical interconnectedness of disciplined action and freedom, Krishna develops his ideas in improvisational ways, not in linear arguments that lead to an immediate resolution.”
4. “The dialogue moves through a series of questions and answers that elucidate key words, concepts, and seeming contradictions in order to establish the crucial relationships among duty (dharma), discipline (yoga), action (karma), knowledge (jnana), and devotion (bhakti).
5. “Krishna teaches Arjuna the way to resolve the dilemma of renunciation and action. Freedom lies, not in the renunciation of the world, but in disciplined action (karmayoga). All action is to be both performed without attachment to the fruit of action and dedicated with loving devotion to Krishna. Disciplined action within the context of devotion is essential to the religious life envisioned in the Gita.”
6. “Devotion allows for a resolution of the conflict between the worldly life of allotted duties and the life of renunciation. By purging his mind of attachments and dedicating the fruits of his actions to Krishna, Arjuna can continue to act in a world of pain without suffering despair.”
7.  “The divine charioteer reveals his terrifying identity as creator and destroyer of everything in the universe. As destroyer, he has already destroyed both mighty armies. As creator, his cosmic purpose is to keep order in the universe, as well as in the human world.”
8. “Arjuna realizes that by performing his warrior duty with absolute devotion to Krishna, he can unite with Krishna’s cosmic purpose and free himself from the crippling attachments that bind mortals to eternal suffering.”
9. “In the thirteenth teaching Krishna redefines the battlefield as the human body, the material realm in which one struggles to know oneself. It is less a physical place than a symbolic field of interior warfare, a place of clashing forces, all of which have their origin in Krishna’s ultimate reality.”
“The dialogue closes with Arjuna’s avowal that his delusion is destroyed and he is ready to act on Krishna’s words. Krishna draws Arjuna into a universe beyond the world of everyday experience but keeps forcing him back to wage the battle of life.” “Krishna does not condone physical violence. Instead, he identifies the real enemy as desire, due to attachment, an enemy that can only be overcome by arming oneself with discipline and acting to transcend the narrow limits of individual desire

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Please note that this work contains 2 parts:
For part one,
Be sure to response to the topic questions in less than 12 hours in atleast 2 paragraphs (4-6 sentences each paragraph)
Then for Part two, 
Then, after 1-2 days, I will share with you the question of the instructor If he responds to the posting, and you will need to respond to the instructor question in less than 12 hours from sharing his question with you. Full credit will be given for those who provide a thorough response to the question I pose (if any).
Plagiarism is not acceptable in any form and a score of zero will be given on the paper, as the paper will be checked by Turnitin Website for plagiarism.
Do not just repeat words and text from the reading materials provided or the online lecture
Use your own words and add value/information beyond the reading materials. 
Copying from sites like Wikipedia or other internet sites will result in a score of zero as you only allow to use the reading materials provided . Also, note that the work will be checked by Turnitin website for plagiarism.
——————- 
Week #01 Discussion Topic
Each student is required to respond to the question(s) posted for the week BEFORE the deadline To receive full credit for this part of the assignment, your posting must be at least two paragraphs in length (4-6 sentences per paragraph), cited with references from the Online Lecture and Reading Material only.
If I respond to your postings, you will have until the end of the week to respond to what I have asked you to do. Full credit will be given for those who provide a thorough response to the question I pose (if any).
Postings MUST be based exclusively on the reading materials provided in this course and NOT from other outside sources. Please refer to the Syllabus concerning rules against Plagiarism.
Reading Materials:
1. Sunday Scripture Readings at Mass. You can buy a missallette at the bookstore or you can look up each week’s readings at the website of the United State Conference of Catholic Bishops (USCCB. Their website is http://www.usccb.org/nab
2. The Revised Standard Version (RSV) of the Bible.

3. The United States Conference of Catholic Bishops (USCCB. The 

Catechism of the Catholic Church (English Translation. Washington, D.C.: The United States Catholic Conference, Inc., 1994. 

4. Johnson, Luke Timothy. The Writings of the New Testament: An Interpretation (Third Edition). Minneapolis, MN: Augsburg Fortress Press, 2012. 
5. Plus the online Lecture (see the attached file named online Lecture)
Here is this Week’s Discussion Topic:

“Bible reading is for Catholics. The Church encourages Catholics to make reading the Bible part of their daily prayer lives. Reading these inspired words, people grow deeper in their relationship with God and come to understand their place in the community God has called them to in himself.” – Mary Elizabeth Sperry

Based on Sperry’s “Understanding the Bible” (found in the Online Lecture), tell us about your experiences in reading the bible. In your answers, please include the following:
What is your faith tradition?

How often do you read the bible (if at all)?

Name one or two things about this week’s readings (both from Shea and the Online Lecture) that challenged your approach of reading the bible.
Please share in your answer one bible story which relates to you the most.
Please Note: Your responses should be based primarily on the content offered in the Online Lectures and the Reading Material.
VIP:
KINDLY NOTE THAT I am Muslim and I just taking this course because it’s  required to complete my degree plan at my school.
——————————————
For your reference and to get a clear picture about what you should to write. Below are some students’ responses

Camilla,

When asked to describe my faith tradition, I would describe it as one where I do not practice as much as I should be. I was raised Catholic from an early age and received the sacraments of baptism, communion, and confirmation. However, I proclaim to be nonpracticing as the past few years of my life I have failed to attend church, take in the body of Christ, go to confession, etc. I also do not read the bible. Last semester I did a handful of readings from the bible but other than that I probably haven’t read the bible on my own since childhood. One point from the lecture which challenged my approach of reading the bible was when the statement claimed that reading the bible is not enough. Reading the words and not putting an action on the message which is being conveyed is simply not enough. I feel as if I display this mentality when it comes to the bible. I simply take scripture and read it, I never do more with it. One bible story which relates to me the most happens to be the temptation story. The serpent had twisted God’s words which in turn tempted Adam and Eve to eat the apple. I relate to this bible story a lot because I find myself being tempted easily into things I know are not good for me. Despite knowing it is not a good idea, I still carry out the action similarly to what Adam and Eve did. 
————–

Leon,

I don’t have a faith tradition. I was baptized, however, my mother and my family we left the church early in my life. We were lutherans. However, we never really believed in god in a constitutional way that requires a faith group. The intention of my mother to have us in younger age in the church was to give us the option if we choose so. We also visited mosques and temples to gain the knowledge of other believes. I did not follow any constitutional religion. Therefore, i haven’t read the bible in many years.

An important part of the online lecture for me was when it was said that the importance of a story is its message and sometimes it can be exaggerated to bring the message across. So do the bible as the message of the stories are important and therefore they don’t have to be believed word for word or lived by, as some story are exaggerated for the message. 

That the Old Testament looks towards the New and the New testament fulfills the Old Testament is something i haven’t learned yet or that i thought of in the past when i did read the bible many years ago

I wish i could tell a bible story that would relate to me however i can’t. I barely remember any stories in the bible and if i would know one i couldn’t even tell where in the bible. 
Citation: 

Fr. Jankowski, P. (2019, August 01). Theo 210 Week #1 (Introduction). Retrieved from https://web.microsoftstream.com/video/75ff8506-0cfd-4aa1-a79c-d1ce2133fcd1 (Links to an external site.)

pages: 17 & 105
—————– 
Dana,
I was brought up in a Catholic tradition. I was baptized, made my first Holy Communion in 3rd grade, and then was confirmed in 8th grade. As I grew older, I stopped practicing my faith. My family stopped going to church evey Sunday, but I have not stopped believing. I still believe what I was taught and live by it. I do not read the Bible much at all. I only open it when I need to for example theology classes or in church. 
One thing from this week’s online lecture that challenge my approach of reading the Bible would be that it is described as a story and not history because is uses a different set of tools. While the Bible is told as a story, it is about what happened, and what shaped religion. It is part of history. Another big thing in general that is challenging for me is that, although I am Catholic, I still am not very familiar with the Bible and do not believe everything in the Catholic faith. It is had for me to make  a spiritual connection like mentioned in the online lecture because I am not that active in  my faith anymore. With that being said, I am being honest, I do not have a Bible story that relates to my life or have a connection to.  I hardly read the bible, and when I had a project for Intro to Theology, I struggled to make connections with the stories. 
—————— 
Jessica,
As far as my faith tradition goes, I am a non-practicing Catholic. I do not read the bible at all and I only attend church, if at all, on Christmas and Easter day. I was baptized, made my communion, and made my confirmation which is why I say I am a non-practicing Catholic. It is no excuse, but as I have grown older other events and responsibilities have occupied my time. This is the reason for the lack of practicing my faith. I do, however, feel I do not need to attend church regularly in order to be a member of my religion.
Since I do not read the bible I have decided to satisfy the requirement, “Name one or two things about this week’s readings (both from Shea and the Online Lecture) that challenged your approach of reading the bible” by approaching it the way of why I have not taken the initiative to read the bible in years. I choose what I want to believe and what I do not. I feel I do not need to read the bible to constantly justify my beliefs. I feel that Luke 10:25-37, The Parable of the Good Samaritan, relates to my life because I live by helping others in need and being a genuine person to all.
——————– 
Alexander,
     My faith tradition is Roman Catholic, born and raised as such, regularly attending Daily Mass and doing other Catholic devotionals on a regular basis (it is important to note that I didn’t actually become religious until my first semester of college).  I say grace before meals, and pray on a regular basis.  I read the Daily Readings from the Bible (sometimes as a lector at Mass), and I try to read longer sections, as well.  I don’t have any regular schedule of when I read from the Bible, I just try to do it when the opportunity arises, or when I feel particularly compelled to create the opportunity.  As Slide 41 discusses Christianity coming into the surrounding world, so too I try to make my faith expand into the rest of my life.
     One thing I found challenging to my approach to the Bible in the online lecture was the following line from Slide 129:  “While we read the Old Testament in light of the death and resurrection of Jesus, it has its own value as well.”  I always struggle a little with the Old Testament, sometimes reading it in the light of the coming of Christ, but I rarely read the Old in light of His death and resurrection.  This interests me; the prophets often speak of a Savior, and sometimes a Suffering Savior, but reading stories like Samuel or Judges that aren’t so focused on the Messiah as the current situation would be interesting to read as a prophecy unto itself.
    I’m really not sure what Bible story relates to me the most; in some ways, the story of Jesus first calling the Apostles relates to my recent years, with a call of “Follow me” while I didn’t really know where I was going (somewhat similar to the story of Tobiah and Raphael).  This journey has led to a lot of sacrifices, a lot of triumph, and a life path completely foreign to anything I was planning, when I first came to college as an engineering student, unsure of whether I’d even keep going to church.  Two and a half years later, I’m a Theology major, deeply invested in my faith, aware that greater rewards are still ahead (despite the hardships that are always prevalent), and I just have to trust God and follow wherever He may lead me.
NOTE: 
Please response to the discussion questions in less than 12 hours and make sure to deliver an original and high-quality work, as this writing is going to be checked for plagiarism through TurnItIn website. 

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Week #01
Theo 210A – The New Testament, Week #01
From St. Jerome…
“Ignorance of Scripture
is ignorance of Christ.”
Theo 210A – The New Testament, Week #01
Welcome to the Course!
Welcome to the online version of
the Old Testament 200 course
Theo 210A – The New Testament, Week #01
Welcome to the Course!
Welcome to the Course!
Week #01
Theo 210A – The New Testament, Week #01

An Introduction to Story
To begin our journey together, Peter
Kreeft provides the following
illustration concerning why we even
talk about our relationship with God
in the first place and the subject of
Christianity in the modern world:
Theo 210A – The New Testament, Week #01
An Introduction to Story
In J. R. R. Tolkien’s great epic
The Lord of the Rings, Frodo
and Sam are crawling through
the slag heaps of Mordor
desperately attempting to fulfill
their perilous quest when Sam
stops to ask, ‘I wonder what kind
of story we’re in, Mr. Frodo?’
Theo 210A – The New Testament, Week #01
An Introduction to Story
It is a great question, a concrete
way of asking the abstract
question, ‘What is the meaning
of life?’ That the question is
asked at all shows that we are
in a story, not a jumble, and a
story points to a storyteller.
Theo 210A – The New Testament, Week #01
VIDEO CLIP – The Lord of the Rings: The Two Towers
Theo 210A – The New Testament, Week #01
An Introduction to Story
The good Catholic that he was, Tolkien
based his epic tale on the belief that
the virtuous life (namely, to be like
God) can overcome even the worst of
evil. In the process, he tells the story
of this journey of the faith between
Frodo and Sam and their dependence
on each other to achieve this quest.
Theo 210A – The New Testament, Week #01
An Introduction to Story
In the Catholic tradition, this very much
defines the purpose of Church – two or
more people gathered in Christ’s name
to do good and avoid evil.
Theo 210A – The New Testament, Week #01
An Introduction to Story
The purpose of this course is to tell the
story of God’s relationship with us
through story, not history. History has
a different set of tools than story and
history is not without its own problems.
Theo 210A – The New Testament, Week #01
An Introduction to Story
If you write a historical article for a
newspaper for a newspaper, magazine,
book or electronic media, you are
already biased in the manner in which
you choose one story and not another.
Theo 210A – The New Testament, Week #01
An Introduction to Story
German theologians call this a Sitz im
Leben, or a situation of life that varies
from one culture or group of people
from another. When reporting the
story, each human being is limited by
their own experience, not having the
benefit of knowing the larger picture
of life nor of the perspective of God.
Theo 210A – The New Testament, Week #01
An Introduction to Story
Rather, the bible prefers to use the
method of story to tell of this relationship
between God and us because story uses
a different set of tools than history.
Stories can be entertaining. Stories are
not as concerned with specifics of an
event but with a core message.
Theo 210A – The New Testament, Week #01
An Introduction to Story
This does not mean that stories are not
true or are devoid of facts but that the
message of the story is more important
than the details so sometimes the details
of specific are exaggerated or not
thought through as well as they could be.
Theo 210A – The New Testament, Week #01
An Introduction to Story
Sometimes the details can
differ, depending on who tells
the story. For instance, if we tell
the story of the White Sox World
Series in 2005, depending on
who tells the story, then a
different perspective will be
highlighted in citing the details.
Theo 210A – The New Testament, Week #01
An Introduction to Story
If I were a White Sox fan in Chicago
and told the story of the 2005
World Series, I might describe it by
saying, “God came down
to the world in 2005,
touched the White Sox
with great love and the world
became right in 2005 when the
White Sox won the World Series.”
Theo 210A – The New Testament, Week #01
An Introduction to Story
If I were a Cub fan,
I might describe
the same event by
saying “God condemned
the world, and Satan
was throwing snowballs
in hell when the White Sox
won the World Series.
Theo 210A – The New Testament, Week #01
An Introduction to Story
Storytelling is the manner in which
God uses a tool that is important to
learn in this course – the word is
“condescension.” God wishes to
speak to us not in language foreign to
us but in a way that we understand.
Theo 210A – The New Testament, Week #01
Key Terms in This Discussion
CONDESCENSION: The manner in
which God speaks to us in a way that
we can understand. (See CCC #101)
Theo 210A – The New Testament, Week #01
An Introduction to Story
You will notice that God chooses to speak
through the human writer, with their own
biased approaches to scripture, revealing
the core message through the human
writer’s text. That message comes to us in
the form of story and metaphor, simple
communication tools which we can grasp.
Theo 210A – The New Testament, Week #01
An Introduction to Story
And when we build a relationship
with God, we do so through story,
metaphor but most of all prayer
and love, which is the prerequisite
to understand what we are doing.
Theo 210A – The New Testament, Week #01
An Introduction to Story
As with any relationship, we want to
know the details about a person’s
life but if we are in love with
someone, we want to learn about
their heart and soul even more.
Theo 210A – The New Testament, Week #01
An Introduction to Story
To give you an understanding of the
Old Testament and the bible in general
from a relational point of view, perhaps
I can use an analogy to express where
we are going with this…
Theo 210A – The New Testament, Week #01
An Introduction to Story
The goal in this course is to first
understand the tenets of the faith and
then discuss how our understanding of
these doctrines evolve with each age.
Theo 210A – The New Testament, Week #01
An Introduction to Story
To build this relationship with God,
according to the Catechism of the Church,
we really need to utilize a tool that is often
foreign to academic studies at a university.
That tool is called Prayer. According to the
Catechism of the Church,
Theo 210A – The New Testament, Week #01
An Introduction to Story
#2562 … Scripture speaks sometimes
of the soul or the spirit, but most often
of the heart (more than a thousand
times). According to Scripture, it is the
heart that prays. If our heart is far from
God, the words of prayer are in vain.
Theo 210A – The New Testament, Week #01
An Introduction to Story
#2563 The heart is the dwelling-place
where I am, where I live; according to
the Semitic or Biblical expression, the
heart is the place “to which I withdraw.”
The heart is our hidden center, beyond
the grasp of our reason and of others;
only the Spirit of God can fathom the
human heart and know it fully…
Theo 210A – The New Testament, Week #01
An Introduction to Story
The heart is the place of decision,
deeper than our psychic drives. It is the
place of truth, where we choose life or
death. It is the place of encounter,
because as image of God we live in
relation: it is the place of covenant.
Theo 210A – The New Testament, Week #01
An Introduction to Story
#2564 Christian prayer is a covenant
relationship between God and man in
Christ. It is the action of God and of
man, springing forth from both the Holy
Spirit and ourselves, wholly directed to
the Father, in union with the human will
of the Son of God made man.
Theo 210A – The New Testament, Week #01
An Introduction to Story
Thus, the study of reading the bible is a
process, not just a theological discipline.
Like any faith journey or personal
relationship, a healthy relationship does
not end as long as we make an investment
in it. If we choose to learn about God on
this journey, then our perspective
changes concerning what we believe.
Theo 210A – The New Testament, Week #01
An Introduction to Story
Faith is relational. Our attempt is to build a
relationship with Christ, which normally
starts with some type of spiritual
experience (see diagram on the next slide).
In our attempt to describe this experience,
our expressions and stories develop into
metaphors, concepts and doctrines.
Theo 210A – The New Testament, Week #01
An Introduction to Story
We then compare these doctrines to
our experience in order to understand
whether those dogmas truly reflect
what we have encountered.
Theo 210A – The New Testament, Week #01
An Introduction to Story
In this course, we will cover the tools
necessary to learn about the Old
Testament but if we wish to understand
the core of God’s message, then we
need to learn to channel those teachings
through our heart and soul, building a
relationship with God in the process.
Theo 210A – The New Testament, Week #01
An Introduction to Story
Like any other enterprise in life, we can
learn the terms and the details of a
specific discipline without understanding
the larger picture of the discipline but
then our understanding of the discipline
seems lacking of its ultimate purpose.
Theo 210A – The New Testament, Week #01
An Introduction to Story
In this course, we learn that the Old
Testament is the starting point to learning
about our Lord’s covenant with us and
how it is fulfilled with Jesus Christ.
Theo 210A – The New Testament, Week #01
The Old Testament Story
In this story, we realize that God began
this relationship through the creation
of the human being (Adam & Eve) and
allowed this humanity to choose the
path which they wished to follow.
Theo 210A – The New Testament, Week #01
The Old Testament Story
God made a covenant with these people,
time and time again, in the Old Testament
(or Old Covenant): I will be your God and
you will be my people (Genesis 17)…
Theo 210A – The New Testament, Week #01
Key Topics/Themes
Early Christianity born within
Palestinian Judaism
Expanded into surrounding GrecoRoman world
Interpreted by Gentile converts in light
of Hellenistic thought and culture
Eventually resulted in Christianity’s
separation from parent religion of Judaism
Theo 210A – The New Testament, Week #01
The Old Testament Story
…Time and time again in the Old
Testament, the “chosen people”
disregarded this covenant, only to be
punished by this God for their
disobedience. It was up to the prophets
of the Old Testament age to foresee a
new, last and everlasting covenant
between God and His people through a
Messiah, also called the Christ.
Theo 210A – The New Testament, Week #01
The Old Testament Story
Fr. Lawrence Boadt (the author of the
textbook from our Old Testament
Course) provides a fitting summary of
the Old Testament story, which provides
a foundation for what we are about to
discuss this semester: Infidelity to God’s
covenant given through Moses will lead
to disaster and destruction.
Theo 210A – The New Testament, Week #01
The New Testament Story
It is in this New Testament (or New
Covenant) that we are introduced to this
Messiah, who reestablishes this covenant
between God and us. By assuming our
human nature, being baptized, by serving
the poor and needy and by suffering for
us, the Messiah (or Christ) models for us
the type of life we must lead…
Theo 210A – The New Testament, Week #01
About the New Testament
Scripture scholars believe that the books
of the New Testament probably were
written from 51 AD (with St. Paul’s First
Letter to the Thessalonians) until 110 AD
(it is believed that St. John’s Gospel and
the letters attributed to St. John the
Apostle were written between 90-110 AD).
Theo 210A – The New Testament, Week #01
About the New Testament
Once the last apostle (St. John) died (St.
John was the only one of the twelve
apostles that did not die a martyr’s death),
the canon of the New Testament closed.
Theo 210A – The New Testament, Week #01
About the New Testament
Many scholars theorize that the books
of the New Testament were formed by
the events of three major periods of
the First Century AD…
Theo 210A – The New Testament, Week #01
About the New Testament
5 BC – 30 AD: The Life and Teaching of
Jesus. Scholars believe that Jesus was born
around the time the census from Luke’s
gospel took place, most likely between 4-6
BC. The same scholars would also attest
that Jesus probably died between 27-30 AD.
Theo 210A – The New Testament, Week #01
About the New Testament
Because there are so few concrete
points in our historical timeline,
many dates are based on estimations
rather than historical accuracy.
Theo 210A – The New Testament, Week #01
About the New Testament
30 – 70 AD: The Apostolic Age. The
Oral Tradition. ‘For, after the ascension
of the Lord, the apostles handed on to
their hearers what he had said and
done, but with that fuller understanding
which they, instructed by the glorious
events of Christ and enlightened by the
Spirit of truth, now enjoyed’ (DV 19).
Theo 210A – The New Testament, Week #01
About the New Testament
During the Apostolic Age, Jesus
commissioned the apostles to continue
his pastoral work in Mt 28: 18-20. The
sequel to The Gospel of Luke (The Acts of
the Apostles) describe this ministry called
“The Way,” which most likely took place
through the 70s. Most of the Pauline
Letters were written during the 50s.
Theo 210A – The New Testament, Week #01
About the New Testament
67 AD – 110 AD: Remainder of New
Testament Written (including gospels).
Because the faithful believed that the
second coming of Christ would be
immediate (which was the theme of 1
Thessalonians), the faithful saw no
need to write down an account of
Jesus’ life for future generations.
Theo 210A – The New Testament, Week #01
About the New Testament
HOWEVER, during the destruction of the
Jewish Temple in Jerusalem for the
second time in 70 AD (the first time being
around 586 BC), the faithful realized that
Jesus’ return would not be immediate
and saw the need to record the events of
his life for future generations.
Theo 210A – The New Testament, Week #01
About the New Testament
Most scholars will argue that Mark was the
first gospel written (67-70 AD) followed by
Matthew & Luke (70-90 AD). John’s
gospel, written somewhat differently than
the other three gospels, most likely was
written between 90-110 AD.
Theo 210A – The New Testament, Week #01
An Introduction to Story
The Catechism teaches us so – it teaches
us that both the Old Testament and New
Testament are inseparable from each
other, since the former provides the
covenant relationship which the New
Testament fulfills. This is summarized
clearly in Paragraph 140 of the Catechism,
where the bishops of the Church state,
Theo 210A – The New Testament, Week #01
An Introduction to Story
The unity of the two Testaments proceeds
from the unity of God’s plan and His
Revelation. The Old Testament prepares
for the New and the New Testament fulfills
the Old; the two shed light on each other;
both are true Word of God.
Theo 210A – The New Testament, Week #01
An Introduction to Story
Note: If you are not invested in the life of
story, if you are not a believer in the Jewish
or Christian scriptures, DO NOT PANIC! In a
good relationship, hopefully we learn from
each other even if we do not agree or share
the same faith story. The purpose here is
not to convert you to the faith but to teach
it to you in a Catholic context.
Theo 210A – The New Testament, Week #01
Week #01
Theo 210A – The New Testament, Week #01
Ground Rules for the Course
This course will require you to do a
little more than other courses but you
should be able to navigate through
this course with little problem if you
just follow a few simple rules:
Theo 210A – The New Testament, Week #01
Ground Rules for the Course
First, READ YOUR SYLLABUS
AND CLASS SCHEDULE!!! You are
responsible for following them,
regardless of whether we discuss
the information in these lectures.
Theo 210A – The New Testament, Week #01
Ground Rules for the Course
Make sure you read the online lectures
and your reading material from the
course. All your answers needed for your
handouts are found in both sources.
Theo 210A – The New Testament, Week #01
Ground Rules for the Course
You are required to make THREE
postings a week on the discussion
boards. To receive full credit for the
discussions, please respond once at
the beginning of the week, once in the
middle and once on the weekends.
Theo 210A – The New Testament, Week #01
Ground Rules for the Course
This is important – DO NOT
PLAGIARIZE!!! It is easy in an online
course to cite material from other internet
sites or sources outside of what you have
been given. I have written in the syllabus
the consequences of plagiarism at the
university, which we take seriously.
Theo 210A – The New Testament, Week #01
Some Friendly Advice
If you read the material in the course
and keep up with your work, you will
have no problems getting a good
grade at the end of our time together.
Theo 210A – The New Testament, Week #01
Some Friendly Advice
Please keep the discussion posts
positive! I have no problems if you
struggle with issues – that is normal
Theo 210A – The New Testament, Week #01
Some Friendly Advice
Your final assessments need to be
accompanied with references as to
where you acquired the information.
Unless I state otherwise, all
references must come from the
reading material and online lectures.
Theo 210A – The New Testament, Week #01
Ground Rules for the Course
If you have any questions or concerns,
please do not hesitate to contact me.
Please know you are in my thoughts
and prayers as we spend the next few
months together walking through this
survey of the New Testament.
Theo 210A – The New Testament, Week #01
Week #01
Theo 210A – The New Testament, Week #01
VIDEO CLIP – “The Bible” & “Inspirations”
From “What Every Catholic Needs to Know about the Bible”
Theo 210A – The New Testament, Week #01
Key Terms in This
Discussion
In order to offer this week’s presentation,
I would like to introduce a few terms that I
would like you to learn very well this
week (Adapted from the GLOSSARY of
The Catechism of the Church).
Theo 210A – The New Testament, Week #01
Key Terms in This
Discussion
THE DEPOSIT OF FAITH: The will of God
given to us, which consists of our ability
to interpret sacred scripture. The DOF
never changes but our understanding of
it develops with each age…
Theo 210A – The New Testament, Week #01
Key Terms in This Discussion
THE DEPOSIT OF FAITH: Thus, according
to the CCC #133:”The Church ‘forcefully
and specifically exhorts all the Christian
faithful . . . to learn ‘the surpassing
knowledge of Jesus Christ,’ by frequent
reading of the divine Scriptures. ‘Ignorance
of the Scriptures is ignorance of Christ.’
Theo 210A – The New Testament, Week #01
The Deposit of Faith
Inspired by the Holy Spirit, The
Magisterial Teachings consist
of…
Sacred
Scripture
We define sacred scripture
as the “canon” or authentic
writings of God’s salvific
plan for humanity
+ tradition
(small “t”)
We understand tradition (small
“t”) as the interpretation of the
Sacred Scripture from the
theologians of each age
Theo 210A – The New Testament, Week #01
VIDEO CLIP – “Tradition”
From “What Every Catholic Needs to Know about the Bible”
Theo 210A – The New Testament, Week #01
The Deposit of Faith
The Magisterium serves as the
teaching body of the Church that
relates to the faithful the message
brought forth by tradition and
Sacred Scripture (CCC #85-87).
Theo 210A – The New Testament, Week #01
The Deposit of Faith
In this approach, the Deposit of Faith, in its
entirety, was revealed fully to His Church.
However, in light of each generation’s
gradual maturity in the faith, the Church
evolves in her understanding of this Faith.
Theo 210A – The New Testament, Week #01
The Deposit of Faith
Therefore, each generation is challenged to
return to the sources of interpretation
(Sacred Scripture and Tradition) in order to
shed new light, in today’s age, of the
Deposit of Faith that our God has given us.
Theo 210A – The New Testament, Week #01
Key Terms in This Discussion
MAGISTERIUM: The living, teaching
office of the Church, whose task it
is to give as authentic interpretation
of the word of God, whether in its
written form (Sacred Scripture), or
in the form of Tradition.
Theo 210A – The New Testament, Week #01
Key Terms in This Discussion
TYPOLOGY: The illumination of the
unity of the divine plan by discerning
in God’s works of the Old Covenant
prefigurations of what he
accomplished in the fullness of time in
the person of his incarnate Son. In this
light, Jesus Christ becomes the “lens”
through which we read the Bible.
Theo 210A – The New Testament, Week #01
Key Terms in This Discussion
TYPOLOGY: Another way of defining
Typology is the discernment of persons,
events, or things in the Old Testament
which prefigured, and thus served as a
“type”(or prototype) of, the fulfillment of
God’s plan in the person of Christ.
Theo 210A – The New Testament, Week #01
Key Terms in This Discussion
The typology of the Old Testament
which is made clear in the New
Testament demonstrates the dynamic
unity of the divine plan of salvation.
Theo 210A – The New Testament, Week #01
Key Terms in This Discussion
BIBLE: Literally meaning “little books,” the
Catholic Bible consists of 73 books (66 for
Protestants) which contain the truth of
God’s Revelation and were composed by
human authors inspired by the Holy Spirit.
The Bible contains both the forty-six books
of the Old Testament and the twenty-seven
books of the New Testament.
Theo 210A – The New Testament, Week #01
Key Terms in This Discussion
CANON: The Church’s complete,
authentic, God-inspired list of sacred
books of the Bible. The main
purposes for the evolution of the early
Christian canon was to help clarify
what beliefs early church leaders
considered true and acceptable.
Theo 210A – The New Testament, Week #01
Key Terms in This Discussion
TESTAMENT: The name given to the two
major parts of the Bible; a synonym for
“covenant,” as in Old and New
Covenants. The Old Testament recounts
the history of salvation before the time of
Christ (46 books), and the New Testament
unfolds the saving work of Jesus and the
apostolic beginnings of the Church.
Theo 210A – The New Testament, Week #01
Key Terms in This Discussion
COVENANT: A solemn agreement
between human beings or between
God and a human being involving
mutual commitments or guarantees.
The Bible refers to God’s covenants
with Noah, Abraham, and Moses as
leader of the chosen people, Israel…
Theo 210A – The New Testament, Week #01
Key Terms in This
Discussion
COVENANT: In the Old Testament or
Covenant, God revealed his law through
Moses and prepared his people for
salvation through the prophets. In the New
Testament or Covenant, Christ established
a new and eternal covenant through his
own sacrificial death and Resurrection…
Theo 210A – The New Testament, Week #01
Key Terms in This Discussion
COVENANT: The Christian economy is
the new and definitive Covenant which
will never pass away, and no new
public revelation is to be expected
before the glorious manifestation of
our Lord Jesus Christ.
Theo 210A – The New Testament, Week #01
Key Terms in This Discussion
OLD TESTAMENT: The forty-six books
of the Bible, which record the history
of salvation from creation through the
old alliance or covenant with Israel, in
preparation for the appearance of
Christ as Savior of the world.
Theo 210A – The New Testament, Week #01
Key Terms in This Discussion
SHEMA: Shema Yisrael are the first two
words of a section of the Torah (Hebrew
Scriptures) that is a centerpiece of the
morning and evening Jewish prayer
services. The first verse encapsulates the
monotheistic essence of Judaism: “Hear, O
Israel: the Lord our God, the Lord is one,”
found in Deuteronomy 6: 4 & Mt 22: 37.
Theo 210A – The New Testament, Week #01
Key Terms in This Discussion
MISHNAH: the tradition of the elders
which originally circulated in oral form
only but were eventually written down
in a set of collective documents.
Theo 210A – The New Testament, Week #01
Key Terms in This Discussion
NEW TESTAMENT: The twenty-seven
books of the Bible written by the sacred
authors in apostolic times, which have
Jesus Christ, the incarnate Son of God his life, teachings, Passion and
glorification, and the beginnings of his
Church – as their central theme…
Theo 210A – The New Testament, Week #01
Key Terms in This Discussion
NEW TESTAMENT … The promises and
mighty deeds of God in the old alliance
or covenant, reported in the Old
Testament, prefigure and are fulfilled in
the New Covenant established by
Jesus Christ, reported in the sacred
writings of the New Testament.
Theo 210A – The New Testament, Week #01
Key Topics & Themes
Old Testament: Forty Six
documents or “books”
Thirty Nine Protocanonical Books
Seven Deutero-Canonical Books
consisting of…
“The Torah”
The Historical
Books
Canonical
Wisdom Literature
Major Prophets
Minor Prophets
DeuteroBooks
Theo 210A – The New Testament, Week #01
From Dei Verbum
During the Second Vatican Council (19621965), the bishops who attended described
this interpretation in the following way:
Theo 210A – The New Testament, Week #01
From Dei Verbum
… Since God speaks in Sacred Scripture
through men in human fashion, the
interpreter of Sacred Scripture, in order to
see clearly what God wanted to
communicate to us, should carefully
investigate what meaning the sacred writers
really intended, and what God wanted to
manifest by means of their words…
Theo 210A – The New Testament, Week #01
From Dei Verbum
… To search out the intention of the
sacred writers, attention should be given,
among other things, to “literary forms.” …
Theo 210A – The New Testament, Week #01
From Dei Verbum
The interpreter must investigate what
meaning the sacred writer intended to
express and actually expressed in
particular circumstances by using
contemporary literary forms in
accordance with the situation of his
own time and culture (Dei Verbum #12).
Theo 210A – The New Testament, Week #01
Week #01
Theo 210A – The New Testament, Week #01
The Authors of Scripture
From this approach, we
understand that TWO TYPES OF
AUTHORS are responsible for the
creation of the sacred scriptures:
• The
Divine
Author
• The
Human
Author
Theo 210A – The New Testament, Week #01
The Authors of Scripture
We also realize that the divine author has
one specific agenda (namely, our
salvation), the human authors that
compose the bible each have specific
agendas, based on their own experiences,
prejudices, and literary styles…
Theo 210A – The New Testament, Week #01
The Authors of Scripture
Thus, the good interpreter, in the world of
hermeneutics, needs to understand the
agenda of the human author who is
inspired by God to write the words on the
page and the divine author, whose
message is contained within those words.
Theo 210A – The New Testament, Week #01
Week #01
Theo 210A – The New Testament, Week #01
VIDEO CLIP – “The Bible”
From “What Every Catholic Needs to Know about the Bible”
Theo 210A – The New Testament, Week #01
VIDEO CLIP – “The New Testament”
From “What Every Catholic Needs to Know about the Bible”
Theo 210A – The New Testament, Week #01
Typology of Bible
…The Old Testament looks towards
the New Testament and the New
Testament fulfills the promises of
the Old Testament.
The question we ask in today’s age is
whether today’s age choose to accept
this New Testament/Covenant.
Theo 210A – The New Testament, Week #01
Fulfilled Prophesies of the OT
His pre-existence
Jn 1: 1, 14 (Mc 5: 2)
Born of the seed of a woman
Of the seed of Abraham
God would provide Himself a Lamb as an
offering
From the tribe of Judah
Heir to the throne of David
Born in Bethlehem
Born of a virgin
Mt 1: 18 (Gn 3: 15)
Mt 1: 1-16 (Gn 12: 3)
Jn 1: 29 (Gn 22: 8)
Called Immanuel, “God with us”
Mt 1: 23 (Is 7: 14)
Mt 1: 1-3 (Gn 49: 10)
Mt 1: 1(Is 9: 6-7)
Mt 2: 1 (Mc 5: 2)
Mt 1: 18 (Is 7: 14)
Declared to be the Son of God
Mt 3: 17 (Ps 2: 7 )
He is the stone which the builders rejected Mt 21: 42; I Pt 2: 7 (Ps
which became the headstone
118: 22-23; Is 28: 16 )
Theo 210A – The New Testament, Week #01
Testament & Covenant
The nature of the covenant with
Yahweh in the Hebrew Bible
The promise of a “new
covenant” (Jer 31: 31)
Jesus’ declaration of a new covenant
Theo 210A – The New Testament, Week #01
What Is the New Testament?
The New Testament as “scripture”
Appreciating the cultural world
of the New Testament
◦ A society far different from ours
◦ The Jewish world of Jesus: Palestine
◦ An agrarian, peasant society
◦ Interaction of Palestinian Jewish
and Greco-Roman cultures
Theo 210A – The New Testament, Week #01
New Testament & Hebrew Bible
Relationship between the New
Testament and the Hebrew Bible
The Hebrew Bible as Scripture for
early Christians
Theo 210A – The New Testament, Week #01
Testament and Covenant
The nature of the covenant with
Yahweh in the Hebrew Bible
The promise of a “new
covenant” (Jer 31: 31)
Jesus’ declaration of a new covenant
Theo 210A – The New Testament, Week #01
VIDEO CLIP – “The Canon of the Bible”
From “What Every Catholic Needs to Know about the Bible”
Theo 210A – The New Testament, Week #01
27 Books of the New Testament
The Gospels & Acts
Matthew
Mark
Luke
John
Acts of the Apostles (Sequel to Luke)
Theo 210A – The New Testament, Week #01
27 Books of the New Testament
Pauline Literature (to the Tune of
“Row, Row, Row Your Boat”):
Ro-Co-Co with Paul
Gal-Eph-Phili-Col
Thess-Thess-TimTim Titus-Philemon
Theo 210A – The New Testament, Week #01
27 Books of the New Testament
Pauline Literature:
Romans
1 & 2 Corinthians
Galatians
Ephesians
1 & 2 Thessalonians
1 & 2 Timothy
Titus
Philemon
Philippians
Colossians
Theo 210A – The New Testament, Week #01
27 Books of the New Testament
The Other Epistles of the NT
Hebrews
1(Letter of) James
2 (Letters of) Peter
3 (Letters of) John
(The Letter of)
Jude Revelation
Theo 210A – The New Testament, Week #01
Theo 210A – The New Testament, Week #01
Theo 210A – The New Testament, Week #01
Understanding the Bible
The United States Conference of Catholic
Bishops (the USCCB) is the “magisterial”
body for the Church in the United States.
On their website (www.usccb.org), the
bishops offer resources on many subjects.
One of those subjects concerns
the manner in which we can
understand the bible
Theo 210A – The New Testament, Week #01
Understanding the Bible
On the website, Mary Elizabeth
Sperry (Associate Director for
Utilization of the New American
Bible) writes the following
concerning a good way in which
we should read and understand
the bible. I end this week’s Week
with her wonderful direction…
Theo 210A – The New Testament, Week #01
Understanding the Bible
The Bible is all around us. People hear
Scripture readings in church. We have
Good Samaritan (Lk 10) laws, welcome
home the Prodigal Son (Lk 15), and look
for the Promised Land (Ex 3, Hb 11).
Theo 210A – The New Testament, Week #01
Understanding the Bible
Some biblical passages have become
popular maxims, such as “Do unto others
as you would have them do unto you (Mt
7:12),” “Thou shalt not steal (Ex 20:15),
and “love thy neighbor” (Mt 22:39).
Today’s Catholic is called to take an
intelligent, spiritual approach to the bible.
Theo 210A – The New Testament, Week #01
10 Points – Fruitful Scripture Reading
1.
Bible reading is for Catholics. The Church
encourages Catholics to make reading the
Bible part of their daily prayer lives.
Reading these inspired words, people
grow deeper in their relationship with
God and come to understand their
place in the community God has
called them to in himself.
Theo 210A – The New Testament, Week #01
10 Points – Fruitful Scripture Reading
2.
Prayer is the beginning and the end.
Reading the Bible is not like reading a
novel or a history book. It should begin
with a prayer asking the Holy Spirit to
open our hearts and minds to the Word
of God. Scripture reading should end
with a prayer that this Word will bear
fruit in our lives, helping us to become
holier and more faithful people.
Theo 210A – The New Testament, Week #01
10 Points – Fruitful Scripture Reading
3.
Get the whole story! When selecting a
Bible, look for a Catholic edition. A
Catholic edition will include the Church’s
complete list of sacred books along with
introductions and notes for understanding
the text. A Catholic edition will have an
imprimatur notice on the back of the title
page. An imprimatur indicates that the
book is free of errors in Catholic doctrine.
Theo 210A – The New Testament, Week #01
Understanding the Bible
4.
The Bible isn’t a book. It’s a library. The
Bible is a collection of 73 books written
over the course of many centuries. The
books include royal history, prophecy,
poetry, challenging letters to struggling
new faith communities, and believers’
accounts of the preaching and passion
of Jesus…
Theo 210A – The New Testament, Week #01
Understanding the Bible
4.
…Knowing the genre of the book you
are reading will help you understand the
literary tools the author is using and the
meaning the author is trying to convey.
Theo 210A – The New Testament, Week #01
Understanding the Bible
5.
Know what the Bible is – and what it
isn’t. The Bible is the story of God’s
relationship with the people he has
called to himself. It is not intended to
be read as history text, a science
book, or a political manifesto. In the
Bible, God teaches us the truths that
we need for the sake of our salvation.
Theo 210A – The New Testament, Week #01
Understanding the Bible
6.
The sum is greater than the parts.
Read the Bible in context. What
happens before and after – even in
other books – helps us to understand
the true meaning of the text.
Theo 210A – The New Testament, Week #01
Understanding the Bible
7.
The Old relates to the New. The Old
Testament and the New Testament
shed light on each other. While we
read the Old Testament in light of the
death and resurrection of Jesus, it has
its own value as well. Together, these
testaments help us to understand
God’s plan for human beings.
Theo 210A – The New Testament, Week #01
Understanding the Bible
8.
You do not read alone. By reading and
reflecting on Sacred Scripture, Catholics
join those faithful men and women who
have taken God’s Word to heart and put
it into practice in their lives. We read the
Bible within the tradition of the Church to
benefit from the holiness and wisdom of
all the faithful.
Theo 210A – The New Testament, Week #01
Understanding the Bible
9.
What is God saying to me? The Bible is
not addressed only to long-dead people
in a faraway land. It is addressed to
each of us in our own unique situations.
When we read, we need to understand
what the text says and how the faithful
have understood its meaning in the
past. In light of this understanding, we
then ask: What is God saying to me?
Theo 210A – The New Testament, Week #01
Understanding the Bible
10.
Reading isn’t enough. If Scripture
remains just words on a page, our
work is not done. We need to meditate
on the message and put it into action
in our lives. Only then can the word be
“living and effective” (Heb 4:12).
Source: www.usccb.org
Theo 210A – The New Testament, Week #01

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Ashford University Diane Vaughan Theory of Normalization of Deviance Discussion

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