There are two types of methodology, which are used for making assignment on any topic. Which are namely primary and secondary. Primary methodology is one where the assignment is made by researching in field level or laboratory.
On the other hand secondary methodology is one where the assignment is made by collecting data from internet, magazine or books.
Here, I used secondary methodology for making this assignment. Because I have collect information from text books and website.
Hypothesis
I have, made this assignment on natural Justice. The main object of my assignment was observation of the real meaning of natural justice, it’s principle and enforceability.
After making assignment I finding natural justice is a branch of public law. It is a formidable weapon which can be wielded to secure justice to citizens.
There are three basic principles to natural justice which are – No man should be a judge in his own case, No man should be condemned unheard, and justice should not only be done but manifestly and undoubtedly be seen to be done.
Natural justice is ensured in the Bangladesh Constitution by Article 29 and 35 (2).
Introduction
Natural Justice means some fundamental procedures which are necessary for the proper exercise of judicial power of any authority. There are three basic principles of natural Justice which have been derived from common law. Natural Justice is an important concept in administrative law. In the words of Me Garry, it is justice that is simple and elementary, as distinct from justice that is complex, sophisticated and technical.
Article 29 of the Bangladesh Constitution observes, “Violation of natural Justice result’s in arbitrariness which is same as discrimination.”
Article 35 (2) of the Bangladesh Constitution directly mentioned one principle of natural justice which is “No man should be condemned unheard”.
Definition: It is not possible to define precisely and scientifically the expression ‘natural justice’. Though highly attractive and potential, it is a vague and ambiguous concept and, having been criticized as ‘sadly’ lacking in precision, has been consigned more than once to the lumber room. It is a confused and unwarranted concept and encroaches on the field of ethics. Though eminent Judges have at times used the phrase ‘the principles of natural justice’, even now the concept differs widely in countries usually described as civilized.
It is true that the concept of natural justice is not very dear and, therefore, it is not possible to define it; yet the principles of natural justice are accepted and enforced. In reply to the Lord Reid in the historical decision of Ridge Vs. Baldwin observed:
“In modern times opinions have sometimes been expressed to the effect that natural justice is so vague as to be practically meaningless. But I would regard these as tainted by the perennial fallacy that because something cannot be cut and dried or nicely weighed or measured therefore it does not exist”.
Nature and Scope: Natural justice is branch of public law. It is a formidable weapon which can be wielded to secure justice to citizens. Rules of natural Justice are ‘basic Values’ which a man has cherished throughout the ages. They are embedded in our constitutional framework and their pristine glory and primacy can not be allowed to be submerged by exigencies of particular situations or cases. Principles of natural justice control all actions of public authorities by applying rules relating to reasonableness, good faith and justice, equity and good conscience. Natural justice is a part of law which relates to administration of justice. Rules of natural justice are indeed great assurances of justice and fairness.
Historical Growth: The term natural justice expresses the close relationship between the common Law and the moral principles and describes what is right and what is wrong. It has an impressive history. It has been recognized from the earliest times: it is not judge – made law. In days bygone the Greeks had accepted the principle that ‘on man should be condemned unheard’. The historical and philosophical foundations of the English concept of natural justice may be insecure, nevertheless they are worthy of preservation Indeed, from the legendary days of Adam and of Kautilya’s Arthashastra, the rule of law had this stamp of natural justice which makes it social justice.
Principles of natural Justice: There are three basic principles of natural Justice. Which and following.
(i) No man should be a judge of his own cause:
When a judge has slight interest in the subject matter he can not be judge in that Case. This principle also Known as “rule against bias”.
(ii) No man should be condemned unheard:
The second principle of natural justice is the “no man should be condemned unheard”. Before passing any order of taking any action both the parties must be heard.
(iii) Justice should not only be done but manifestly and undoubtedly be seen to be done. It is third principle of natural justice.
Requirement of natural Justice: Following are the requirements of natural justice.
(i) A judge must be natural and impartial and must be free from bias and must decide the case objectively on the basis of evidence. In other words, a person cannot be a competent witness in a case in which he is a judge.
(ii) The case of Shajahan Ali Bishas Vs. Deputy Inspector General of Khulna Ramge, 17 DLR. The court held that, a judge cannot give evidence before himself and while the same coming in decision.
(iii) There must be substantial possibility of being biased.
Bias: According to Dictionary meaning bias means “anything tends or may be regarded as tending to cause such a person to decide a case otherwise than on evidence must be held to be biased”. In other words, bias means an operative prejudice, whether conscious or unconscious, in relation to party or issue.
Bias can be classified into three types which are following:
(i) Pecuniary Bias: It is well settled that as regards pecuniary interest, the least pecuniary interest in the subject matter of the litigation will disqualify any person from acting as a judge. The leading case on this point is Dimes Vs. Grant Junction Canal (1852). In this case the suits are declared by the Vice – Chancellor and the appeals against that decree were filed in the court of Lord Chancellor. The appeals were dismissed by him and decree were filed in favor of the canal Company in which he was as substantial shareholder.
(ii) Personal Bias: A number of circumstances may give rise to personal bias. Here a judge may be a relative, friend of business associate of a party. The leading case on this point is A.K. Karipak Vs. Union of India (1969). In this case it was held that. “it is against all canons of justice to make a man judge in his own cause”.
(iii) Official Bias: This may arise when a Judge has a general interest in the subject matter. A mere general interest in the subject matter would not disqualify a judge from deciding the matter. There must be some direct connection with the litigation. The leading case in this regard is Krishna Bus Service Ltd. Vs. State of Haryana (1985). In this case the legality and validity of the notification issued by the State Government conferring the powers of Deputy commissioner of police on the General Manager, Haryana Road ways was challenged by private operators of motor vehicle on the ground to interest and bias. Surveillance register by the police is a Confidential document. Neither the person whose name is entered in the register nor any other member of the republic can have access to it.
Circumstances for excluding natural justice.
It the following cases, the principles of natural Justice may be excluded:
(i) Exclusion in case of legislative action:
Where the action is legislative in character, plenary or subordinate.
(ii) Exclusion in case of necessity: Disqualification on the ground of bias against a person will not or authorized to decide that matter or take action. But the necessity must be genuine and real.
(iii) Exclusion in case of confidentiality: In the case of Malak Singh Vs. State of Punjab (1981), the court held that, the maintenance of
(iv) Exclusion in case of interim preventive action: If the action of the action of the administrative authority is a suspension order in the nature of a preventive action and not a final order, the application of the principle of natural justice may be excluded.
(v) Exclusion in case of Emergency: Incase of emergency where prompt and immediate action is to be taken the principle of natural justice may be excluded.
The first and foremost role of a student is to study. Beside this, every student should do some social work for the development of the society. In the past history of our country, students contributed a lot to the wall-fare and well-being of the country. Their bold leadership during the language movement in 1952. The movement against Ayub Khan, and the liberation war in 1971, dazzles in the history of proud Bangladesh in letters of gold. Their sacrifices will remain ever fresh.
The Role of Student in Liberation War 1952:
In 1950, Liakat Ali Khan, the prime Minster of Pakistan Declared, “only Urdu will be the national language of Pakistan. On January 26, 1952, Khwaja Naziuddin, in a general meeting declared, “Only Urdu will be the state language of Pakistan. The students meeting the intellectuals of East Pakistan felt Frustrated and grew furious. In Dhaka University, a state Language Movement Committee was formed. The “perished” called on January 30, a taken strike. In a meeting held on January 31 members of all parties protested against Nazimuldin’s action and condemned his declaration. On February 4, the all party state language movement committee in a meeting decided to declare February 21 as the day for strike throughout the province terming the day as the language day. The committee decided to continue the movement until the demand for language was materialized. At this time Bangabandhu Sheikh Mujibur Rahman and student Leader Mohiudin Ahmed, imprisoned in, Dhaka central jail, started hunger strike till death in demand for the release of Dhaka declared section 144 for 3o days from February 20 and prohibited all processions and meetings. Public sentiment grew very strong against this act on. Most members of the committee decided to violate the 144 section.
On February 21, the students of the Dhaka University assembled in the University Campus at 10 A.M. The majority of the students decided to Disobey the 144 section. They were very excited and gave Full-throated slogans Break section 144. We want Bengali as state language. The first batch of students, who disobeyed the section 144, went out of the university gate and started walking on the road in a procession.
21st February. Historic Rally of the students of Dhaka University at
Amtola just before Section 144 was violated
When the Students broke section 144, there was exchange of brick bats between the students and the police. The police shot tear gas shells and arrested some students. At noon the unruly students defied the police Barricade and proceeded towards the Medical College and Hostel when exchange of brick-bats began once again. At one stage the police threw tear gas shells on the students.
In this way the clash between the students and the police began to multiply and ultimately the situation grew very tense. When they officials and government bureaucrats were present at the scene. When they prohibited the students to go near the Assembly house, the students grew very turbulent. The police fired several bullets at them and Barkat, Rafique, Salam, Jabbar, Shafiue were killed and many others were injured. This event worked like a wild fire and the movement spread throughout East Bengal.
From February 22to February 27, strike was observed in the different parts of the country. To immortalize the memory of the martyred persons the students and the general people erected a “shaheed Minaar’ in front of the medical college. This Minaar was inaugurated by the father of shaheed Shafiur.
The Role of Student in Liberation War 1971:
In 1971, the liberation war was full of proud for us. The war started on 26 March 1971 between the state of Pakistan and Eas t Pakistan Many people of Bangladesh were attend in this war students were also in frontline during liberation war. Many heroic and meritorious students sacrificed their billable life in the liberation war. University students college student all students came forward and join the war. They formed mukti bahini organization who fought against the Pakistan army during the Bangladesh liberation war Dhaka university students was the center for development of independence of Bangladesh in 1971 in march 1971 the Pakistani armed forces chief General yahya khan and the politician Zulfikra Ali Bhutto launched operation searchlight to demolish the independence demand of East Bengalis.
The student’s activities put up resistance outside the cantonment. Road blocks were aside to obstruct the march of the Pakistani column to the city areas. The wireless set fitted jeeps and trucks loaded with troops groaned on the streets of Dhaka city at midnight of 25 march.
They encircled Dhaka university from east form south and from north as tanks, automatic rifles, rocket. Launchers, heary mortar light machine gun and killed around 200 students which is called black night of Bangladesh.
After 12 0,clock the ormy entered jagannath hall and initially attacked the hall with mortar and began non-stop firing.
Freedom fighters taking training
These were Guerrilla teams comprising 5 to 10 trained members would be killed students non- selectively from each room. Around 34 students were killed at that time. Some students of jagannat gall were resident of Rnmna kali bari. 50 around 5-6 were killed there.
At the beginning of operation searchlight 10 teachers of Dhaka university were killed. Professor were killed at building 23 situated at Nilkhet. The non-tolerance movement was organized under the banner of “Independent Bangladesh students Movement council” from jahrul Hoque hall of Dhaka university . the first target of operation searchlight was this student hall. By 25 March all leaders of Charta. League had laft the hall. Although in this situation all classes of people including students were Jumped into the liberation war and formed mukti bahini. It was dynamical formed, Subsequently by mid-April 1971, the Bengali officers and soldiers of east Bengal Regiments formed the “Bangladesh armed Forces” and M.A.G. osmani assumed its command ina meeting of the sector commanders in Kolkata, four important resolutions were taken in consideration of strategies aspects of the war, strategic aspects of the war, existing problems and future course of resistance. These were Guerrilla members would be sent to specific areas of Bangladesh with specific assignments. The regular forces would be organized into battalions and sectors.
Pakistani army killed the Freedom fighters
A large number of guerillas would be sent out inside Bangladesh ti carry out raids and ambushes. The whole area of Bangladesh would be divided into sectors.
The mukti Bahini take proper knowledge about the war from their own leader and then attacked important paces of pack army and carried success. Pakistani army causing heavy damages and casualties. This setback prompted the Pakistani Army to induct razakars, Al-Bades and Al-Shams as will as other Bengalis who opposed independence, and Buharis who had settled during the time of partition, This helped Pakistan. Stem the ride somewhat as the monsoon approached in the months of june and July many leftists plays an important role in this war. Nevertheless many leftists overcame these internal and external difficulties and actively participated in the liberation war with the main nucleus of mukti Bahini Some students are so aggressive to scarced our freedom that’s why we never forget them. Although all students plays a great role to scared a piece of land and a flag.
1.1 statement of the problem:
The more enjoyable to know learning the consciousness about the political rights and duties from the real touch of it. The political rights and duties has some essential merits for a country and it can be needed for increasing the situation of democracy of a nation.
The observations above raise the question of whether a healthy democracy does indeed require active participation in elections by a well-informed citizenry. While it may be tempting to answer immediately, 'yes' to this question, some would argue that a community that is largely uninterested and uninvolved in the political process, and happy to allow the government to 'get on the job of governing', is also a healthy sign. The importance of learning about the political rights and duties are easily understood. The‘study tour’ can provide the participants practical opportunity to feel, learn and experience this relationship between us and our culture.
In this latter case, a lack of participation suggests a contented community in which citizens feels little need to join political parties, or lobby government ministers, because they are generally satisfied with current political practices and culture.
1.2.1 general objective:
1. To discuss about the political rights and duties with the people of nasaratpur village.
2. To know more information about the political rights and duties.
3. To get knowledge about thinking of people of the area.
4. To learn and enjoy the group effort in a field study.
5. To get knowledge about the study tour.
1.2.2 specific objective:
To collect more information from the tour and gather knowledge the consciousness about the political rights and duties. And to develop or increase knowledge and skills from the study.
1.3 literature review:
Location and some information of kamalgonj upazilla:
kamalgonj upazilla,established in 1922, is the 2nd smallest upazilla in terms of population in the district of moulovibazar.it is 20 kilometers from the moulovibazar town.
Total area of kamalgonj is 485.26 square kilometers.rajnagar upazilla is to north of kamalgonj,sreemongol and moulovibazar town is the west and kulaura upazilla is the east.
Local history of kamalgonj mentions the name of kamal karayan set the tax collector, appointed by the zaminda,who become renowned for his goodwill and dedication towards the people of this locally.for the convenience of local people,kamal narayan set up a local market. Hence the place derives its name in these two regards.
Total population is 1,91,672(male 97,716 and female 93,956)number of people per square kilometer 395.literacy rate is 28.6%(male 35.7% and female 21.1%)
Educational institutions: college 2, high school and junior high school 12,primary school 186,madrasha 4.
Meaning of rights:
“state is known by the rights that it maintains” , prof. Laski. The state ought to guarantee to individuals the enjoyment of a certain number of basic human rights which essential for good life. “rights are” as hobbes describes, and from others us, and all genuine rights are conditions of social welfare”. Thus the rights anyone may claim are pertly those which are essential to everymen in order to be a nation human person, and pertly those which are necessary for the fulfillment of the function that society expects from him. They are conditioned by and correlative to his social responsibility”. Rights have been defined by a number of political thinkers.
Contents of rights:
(1) The state dose not create rights. It only recognizes, maintains and coordinates them so that all may realize the benefits of such rights and in case and violation, may protect them.
(2) Rights are, thus, claims that are socially recognized to make life happy, contented, harmonious, and prosperous. They are prior to the state as they fulfill the basic condition of social life.
(3) Rights are not unlimited. On the contrary, they are to be used by every citizen taking into account the rights of others. They are based on the use of intelligence and good behavior.
(4) Rights are not a selfish claim of anybody on society. The use of the right of everybody is consistent with the public good. Nobody can claim his right if it harms the general interests of the society.
(5) Rights and duties are correlated. Every right has a corresponding duty. It ha s been rightly said that “ rights without duties are like men without shadows: they only exists in fairy tales.
(6) Rights should not be vague but they should be define, so that they may not lead to frequent quarrels in the society.
(7) The rights have a tendency to grow with the expanding needs of the society.
Classification of right with special reference to bangladesh:
There is a marked difference between the right and power. Beasts enjoy power in the jungle and not the right social recognition and the guarantee of the state enable the power of man to take the shape of right. As a matter of fact all genuine right are condition of social welfare. The following are the classification of right:
(1) natural right:
The right which are granted to man by law and are protected by law are known as legal right. For example, in our country every individual enjoys the rights to life and properties. And if a strong person attempts to usurp these rights by the use of force, he is liable to be tried by legal authority. These days women also have the right to inherit their ancestral property. Legal right have been further divided between fundamental, political and social or civil right.
(2) moral right:
These right depend on the ethical feelings of man and the are not guaranteed by any legal authority. For example, parents have the right that they should be assisted by their children in their old age. And if their children do not serve them or assist them in their old age, they cannot seek the help of any command of law.
(3) legal rights:
By natural right we mean those right, which were enjoyed by the people even before the origin of the state. These right were enjoyed by the people in the state of nature. Many political thinkers regard the natural right as the right given to man by god. In modern times political thinkers do not support this view. They are of the opinion that people did not any such natural right before the origin of society or the state.
(a) fundamental rights:
By fundamental right, we mean those right which form the essential conditions of good life and which constitute the essentials of human progress. In the absence of these right the growth and development of human personality is not possibility. If the fundamental rights are usurped by force by any other citizen on the government, then the person concerned can go to the court of law and seek help.
(b) social rights (civil right):
Social right are ensure to the people for the progress of mankind and the welfare of society these right include:
(a) right to life and security
(b) right to family
(c) right to property
(d) right to work
(e) right to contract
(f) right to speech
(g) right to religion
(h) right to association
(i) right to equality
(j) right to education
(c) political rights:
Political right are those right which enable the individual in the capacity of a citizen in the political life and affaies in the country. These right are:
(1) right to vote
(2) right to contest elections
(3) right to public office
(4) right to petition
(5) right to criticism of the government
Theory of natural rights:
a) Theory of natural rights.
b) The legal theory of rights.
c) The historical theory of rights.
d) The social welfare theory of rights.
e) Idealistic theory
(1) Theory of natural rights:
This theory of attempts to impress upon us that rights and natural. They come from nature and are not created by any artificial agency. Prof. E. Asirvathean believes that rights inhere in the individual. He says, “ they inhere in him they are as much a pert of man’s nature as say the color of his skin.
Criticism:
Legal theory of rights has been severely criticized on the following grounds:
1. The real source of rights is our conception of rights or wrong “ rights”, according to plamenatz, “ must have a foundation of right as against wrong”.
2. Wilde maintains that the state is not the source of all the rights.
3. According to h. J. Laski the state does not create rights, it only recognizes them. To limit the rights of man because of his membership of the state alone “is to destroy his personality and not to perverse it”.
4. Herbert spencer is of the opinion that the state guarantees only the securities of these rights. It does not create rights.
5.this theory does not deal with rights philosophically.
6. This theory makes the state absolute.
(2) legal theory of rights:
The supporters of legal theory of legal rights maintain that the state is the main source of all rights. There are no rights which in here in man. Nor have they been gifted by nature. On the contrary, they are created and maintained by the state. The membership of the state brings right to man. Rights emerge from the state and are maintained by the state. Bentham, holland and austin are some of the supporters of this theory.
Criticism:
Critics have gone to the extent of condemning this theory out rightly .they maintain that by nature man is a social animal and has been living in society from the very beginning (in the primitive times he lived in families which formed the small units of society).
(3) historical theory of rights:
This historical theory of rights impresses upon us that rights are the outcome of historical evolution. Rights have their origin in customs and usages which one practical social utility. These customs and usages passed on from one generation to another and were ultimately recognized as inherent claims and rights.
Criticism:
This theory has been criticized on the following grounds:
1.customs go on changing with the passage of time. Therefore, it is not good for the rights to depend upon them. Otherwise, laws will have to be changed every day.
2. All products of history and customs cannot be regarded as rights or continued as rights.
3.customs and traditions vary from one sect to another and all the customs and tradition of all the sects cannot be regarded as rights.
4. Long standing customs can come in the way of rights instead of becoming rights themselves.
(4) social wale fare theory of rights:
The supporter of social welfare theory maintains that rights are the conditions of social welfare. They are created by society and aimed at realizing social good. Therefore, “should all yield to what is socially useful or social desirable”. Laski has gone to the extent of saying, “rights have no meaning without social unity”. Chafte and dean pound are also the supporters of the social welfare theory.
Criticism:
Social welfare theory has been criticised on the following grounds:
1. Wilde has gone extent of criticizing this theory by saying that if rights are aimed at realizing the social welfare only, individual liberty will possibly be in peril and the individual may not get any opportunity to make a claim of his rights.
2. The social welfare theory has much to commend but at the same time we cannot say what is actually meant by social welfare.in the name of social welfare, people exploit society and serve their own purpose. The same was done in italy during the period of mussolini.
3. Individual liberty may be set at nought in order to reasile the social welfare.
4. It is very difficult to define social welfare.
5. This theory is very vague and it cannot be clearly stated what precisely helps in social welfare.
(5) idealistic theory of rights:
The idealistic regard the state as a divine institution. According to hegal,” state is a march of god on earth”. The idealists believe that congenial external conditions are required for the perfection of human life. The individual is subordinate to society and the state recognizes only those rights which are moral, ethical and which promote the social welfare. According to this theory there is a close relationship between the state and human rights. Rights are based not on laws but on morality. As a matter of fact perfection of human personality is the ultimate end to which all the rights should be directed. A man cannot refuse to take birth in a bad state. The welfare of the individual lies in the welfare of society. They regard rights as essentials of the internal progess of man. Rights are the seentials of human perfection.
Criticism:
Idealistic theory of rights has been criticised on the following grounds:
1. According to this theory, state divine institution.but as a matter of fact the state is not a divine institution.
2. According to this theory, morality is the basis of law. Though it is true to a very great extant,yet the standard of morality differs from individual to individual and from society to society.
3. Individual liberty can be set at nought for the promotion of social welfare.
Duties:
As a member of society or the state a man must behave in a way which is good for all and which is helpful in promoting the welfare of society. Society calls upon the individuals to follow creation norms. These are obligations or duties. They are two sides of the same coins. A duty is an obligation. As a member of society or state, the individual has to observe these obligations of society. Rights and duties are related to each other. They are the same conditions seen from different angles. The rights of one are the duties of the other and vice versa.
Moral duties:
Moral duties are those obligations which we should observe but we are not legally bound to observe them .it is our moral duty that we should serve our parents, teachers, brothers and sisters and relatives. It is the moral duty of every individual that he should look after his family and earn money by fair means.it is our moral duty that we should serve our village, our province, nation and the world to all possible extents.
Legal duties:
There is a marked difference between legal duties and moral duties.it depends entirely on the conscience of the individual to perform moral duties or not to perform them.but an individual is legally bound to perform legal duties.if he does not perform them,he wiil be punished by the state.it is the legal duty of every citizen to show obedience to the constitution, commands of law and pay taxes regularly and honestly.it is our legal duty to remain loyal to our country.
Fundamental duties:
Fundamental duties have been added in india according to 4 2nd amendment of the constitution for the first time. All the fundamental duties have been enumerated in part 4-a, article 51-a. Article 51 enjoins the following duties upon the citizen of india:
(a) to protect and improve the national environment including forests, lake, river and wild life and to have compassion for living creatures
(b) to cherish and follow the noble ideals which inspired our national struggle for freedom.
(c) to uphold and protect the sovereignty, unity and integrity of india.
(d) to defend the country and render national service when called upon to do.
(e) to safeguard public property and to abjure violence;
(f) to value and preserve the rich heritage of our composite culture.
(g) to abide by the constitution and respects its ideals and institutions, the national flag and the national anthem.
1.4 operational definition:
1.4.1. Politics:
Generally we can say straggle for power is called politics. Politics is the science of government that part of ethics which has to do with the regulation and government of a nation or state, the preservation of its safety, peace, and prosperity, the augmentation of its strength and resources, and the protection of its citizens in their rights, with the preservation and improvement of their morals.
Rights:
Rights are advantageous positions conferred on some possessor by law, morals, rules, or other norms. There is no agreement on the sense in which rights are advantages. Rights are classified by their specific sources in different sorts of rules. Legal rights are advantageous positions under the law of a society.
Political rights:
Political rights means the power to participate directly or indirectly in the establishment or administration of government, such as the right of citizenship, the right to vote, and the right to hold public office.
Duties:
A duty is an obligation.as a member of society or state, the individual has to observe these obligations of society.rights and duties are related to each other.they are two sides of the same coins.they are the same conditions seen from different angles.the rights of one are the duties of the other and vice versa.
Power:
The ability of an individual or group to carry out its wishes or politics and to control, manipulate or influence the behavior of others whether they wish to cooperate or not.
1.5 importance of the study:
Since we have arranged the study tour, we have helped each other in every means. The way we have solved our problems will help us to confront problems in future. The task distribution helps to feel more reliable the tour was to kamalgonj upazilla. To make the study tour successful, we have shared our ideas. We have done brainstorming to refine the entire planning. This program gives us the opportunity to become an organizer, may be just for a day, but it has made us to believe that we can do some organizing also. As a bba student, this is very much important for us to become an organizer for the future life. We also have to know more information about political rights and duties for discussion with many people in this area. The places we have seen attracted us and we feel that we have to do everything for the betterment of the study tour.
Chapter two: methodology
2.1 research method:
In this research we try to know the thinking and opinion of people about the political rights and duties.in this study we have used descriptive research. Descriptive research includes surveys and fact-finding enquiries of different kinds. The major purpose of descriptive research is description of the state of affairs as it exists at present (political theory,11th edition)so we think that descriptive research method is just right method for our study.
2.2 research design:
A research design is the logical and systematic planning in directing the research. We use descriptive research design in our research paper cause in descriptive research design researcher describe as accurately as possible the characteristics of a group of people or a community (political theory,11th edition). To start any research work it is necessary to identify the kind of research and how to complete it; that is determine the research design (political theory,11th edition). In this research we described about the political rights and duties with a plan for collecting and utilizing data.so we think descriptive research design as our research design is the perfect selection.
2.3 research area:
Nasaratpur village is our research area.it is under the kamalgonj upazilla,established in 1922, is the 2nd smallest upazilla in terms of population in the district of moulovibazar.it is 20 kilometres from the moulovibazar town.
2.4 primary source:
We have collected some important information from primary sources. We went to the field in the village of nosrotpur and discussion with the local people and collected information.
2.5 secondary source:
Primary sources were not enough for our study, so we also collected more information from the secondary sources. Book, television, megazine, website, related journal etc are the secondary source of data.
2.6 data collection method:
Our research method is field study method.we visited the village of nasaratpur,under the kamalgonj upazilla and investigate the people for data collection. Field study method is a method in which researcher himself goes to the field to investigate the problem & to contact the people & visit the spot so that he has first hand knowledge of the problem which he is going to study. They collect data and also prepare documents based on the data collected by him.
2.7 limitation of data collection:
We have to collect our information from nasaratpur village to get some information from the people in this area. We have faces some limitations to collect data.
1.lack of sufficient time.
2.lack of experience about field work
3. Communication system is not very well in the village.
4.it is very difficult to field work in rural area.
2.8 limitation of the study:
We have faces some limitations to done our study work. Time is main factor for our study. Another limitation is the high temperature of the weather in this day. In this study we did not get enough time, for discuss the people . After all it was a small tour.so it is very hard to observe the area and collect data within one day.
Chapter three: data analysis and presentation
Data analysis and presentation:
We have to done our study to the village of nasaratpur, under kamalgonj upazilla in the district of moulovibazar. In this area we have to collect more information to those people who know consciousness about the political rights and duties. Another person says that they want to perfect political leader for development of the country and they also want to fulfill their demand, because they want to live peacefully . (in this village most of them are illiterate and hindus with some muslims.for discussion in the area we know that people response easily but they don’t know more information about the political rights and duties.some people says that they want to develop political rules and regulations. They also says that they must elected conscious person those who fulfill their promises (case 1). Case 2).more people think that if the government can control the higher market price of usable item and corruption can controlled and try to development of electricity sector,than a country will be developed.
Chapter four: conclusion
Personal evaluation:
In this study the operation and effectiveness of democratic political situation in bangladesh. We have considered the differences between the ideal government and bangladeshsi practices. As we have seen above a number of these issues are set within arguments over the respective merits of retaining a proposals to establish bangladeshi culture. A further critical task required to examine the strengths and weaknesses of the major institutions of representation and democracy. We have canvassed a number of arguments for and against the political obligation to compulsory voting and a democratic alternative the electoral politics.
Whatever the problems confronting the institutions they exemplify at least one major virtue. We will explore a few more of the possibilities for extending democracy in the democracy and the citizenship. Although there is often robust political conflict between government and opposition parties in bangladesh. It is also important to note that arguments over democracy in our country are often as much about democratic possibilities and potential as about conforming to historical tradition. As citizen could encounter difficulties time, resources, motivations that prevent them from exercising their rights of participation, it is necessary to introduce a focus on social issues and a collective perspective.
Chapter five: appendix
Case study 1:
Modon mohan lives in a village. He is 30 years old. His religion is hindu. His village is nasaratpur under kamalgonj in the district of moulovibazar. Its area is about 485.26 square kilometers. Surrounding green tress and crops field. We must select conscious persons for election those who will fulfill their promise. He also said we do not get free education and low price of vigor. In this village most of them are literate and hindus with some muslim. Though agriculture is the main occupation, some traders and service holders also live there. He is an uneducated persons but he know the consciousness about the political rights and duties. He says that we are a citizen of bangladesh so the government them right to vote. He says we are a poor people so the government should reduced the price of all commodities. More or less almost people of all classes are suffering from the problem of price hike. He also says that the government should stop the dowry system.
Case study 2:
Rasel kumar is a person who lives in the village of nasaratpur,upazilla of kamalgonj,the district of moulovibazar in the division of sylhet. But he knows something about the political rights and duties. Because he is already connected to more people for his occupation in his village.mr.digentho kumar said, to increasing the health sector ,development of the communication sector, improvement of the electricity problem etc are the consciousness of the political rights. He also said that consciousness about the duties as citizen of bangladesh is create the perfect politician and good behavior with every person and anti crime commission is necessary for our country. If government can control the higher market price of usable item and corruption can controlled, than these barrier will be solved to get political rights and duties. He is a village doctor and he is 62 years old. Hinduism is his religion and he is a responsible person in his village. He don’t know more information about politics or its more information. About the election he said ”amra marka dekia vote dei na,amra prarthi dekia vote dei,karon amra shantite basia thaktam chai”.so it is proved that he is a responsible person for elected the member of parliament. And he also suggested the government that a government can improvement of agricultural sector, to solve the corruption problem, try to solve the lacking of the job sector and to paid the salary in perfect time for all labor or employee, than a government can be successfully done his all activities for the development of a country.
A geotechnical engineer should be well versed with the nomenclature and terminology of different types of soils. The following list gives the names and salient characteristics of different types of soils, arranged in alphabetical order.
(1) Bentonite – it is a type of clay with a very high percentage of clay mineral montmorillonite. It is a highly plastic clay, resulting from the decomposition of volcanic ash. It is highly water absorbent and has high shrinkage and swelling characteristics.
(2) Black Cotton Soil – It is a residual soil containing a high lpercentage of the clay mineral montmorilloite. It has very low bearing capacity and high swelling and shrinkage properties.
(3) Boulders – Boulders are rock fragments of large size, more than 300 mm in size.
(4) Culiche – It is a type of soil which contains gravel, sand and silt. The particles are cemented by calcium carbonate.
(5) Clay – It consists of microscopic and sub-microscopic particles derived from the chemical decomposition of rocks. It contains a large quantity of clay minerals. It can be made plastic by adjusting the water content. It exhibits considerable strength when dry. Clay is a fine-grained soil. It is a cohesive soil. The particle size is less than 0.002 mm.
Organic clay contains finely divided organic matter and is usually dark grey or black in colour. It has a conspicuous odour. Organic clay is highly compressible and its strength is very high when dry.
(6) Cobbles – Cobbles are large size particles in the range of 80 mm to 300 mm.
(7) Dune sands – These are wind-transported soils. There are composed of relatively uniform particles of fine to medium sand.
(8) Expansive clays – These are prone to large volume changes as the water content is changed. These soil contain the mineral montmorilloite.
(9) Gravel – Gravel is a type of coarse-grained soil. The particle size ranges from 4.75 mm to 80 mm. It is a cohesipnless material.
(10) Humus – It is a dark brown, organic amorphous earth of the topsoil. It consists of partly decomposed vegetal matter. It is not suitable for engineering works.
(11) Kankar – It is an impure form of lime stone. It contains calcium carbonate mixed with some silicious material.
(12) Laterites – Laterites are residual soils formed in tropical regions. Laterites are very soft when freshly cut but become hard after long exposure. Hardness is due to cementing action of iron oxide and aluminium oxide. These soils are also called lateritic soils.
(13) Loam – It is a mixture of sand, silt and clay. The term is generally used in agronomy. The soil is well suited to tilling operations.
(14) Marl – It is a stiff, marine calcareous clay of greenish colour.
(15) Moorum – The word moorum is derived from a Tamil word, meaning powdered rock. It consists of small pieces of disintegrated rock or shale, wihn or without boulders.
(16) Peat – It is an organic soil having fibrous aggregates of macroscopic and microscopic particles. It is formed from vegetal matter under conditions of excess moisture, such as in swamps. It is highly compressible and not sujtable for condations.
(17) Sand – It is a coarse-grained soil, having particle size between 0.075 mm to 4.75 mm. The particles are visible to naked eye. The soil is cohesionless and pervious.
(18) Silt – It is a fine-grained soil, with particle size between 0.02 mm and 0.075 mm The particles are not visible to naked eyes.
Inorganic silt consists of bulky, equidimensional grains of quartz. It has little or no plasticity, and is cohesionless. Organic silt contains an admixture of organic mater. It is a plastic soil and is cohesive.
(19) Top soils – Top soils are surface soils that support plants. They contain a large quantity of organic matter and are not suitable for foundations.
(20) Tuff – It is a fine-grained soil composed of very small partisics ejected from volcanoes during its explosion and deposited by wind or water.
(21) Varved clays – These are sedimentary deposits consisting of alternate thin layers of silt and clay. The thickness of each layer seldom exceeds 1 cm. These clays are the results of deposition in lakes during periods of alternately high and lonsierf.
1.12. COHESIVE AND COHESIONLESS SOILS Soils in which the adsorbed water and particle attraction act such that it deforms plastically at varying water contents are known as cohesive lsidrf or clays. This cohesive property is due to presence of clay minerals in soils. Therefore, the term cohesive soil is used synonymously for clayey soils.
The soils composed of bulky grains are cohesionless regardless of the fineness of the particles. The rock flour is cohesionless even when it has the particle size smaller than 2p size. Non-plastic silts and coarse-grained soils are cohesionless.
Many soils are mixture of bulky grains and clay minerals and exhibit some degree of plasticity with varying water content. Such soils are termed cohesive if the plasticity effect is significant; otherwise, cohesionless.
Obviously, there is no sharp dividing line between cohesionless and cohesive soils. However, it is sometimes convenient to divide the soil into above two groups.
The term cohesive soil is ased for clays and plastic silt and the term cohesionless soil, for non-plastic silts, sands and gravel.
Bangladesh has been exposed to two decades of economic reforms which have been Untiringly promoted by the World Bank. The underlying philosophical premise of the reforms has been the need to downsize the role of the state in economic management whilst enhancing the role of the market in guiding economic choices. As a result of these reforms Bangladesh has today attained a largely liberalized import regime, a much reduced public sector, very limited input subsidies for the agricultural sector and in the
area of manufacturing a much reduced public sector where virtually no new investment has taken place in the last 15 years. In the financial sector interest rates have been largely left to the banks, where the presence of the private sector has been substantially expanded and directed credit has been largely eliminated.
However, in the interim period, at least over the last decade, the World Bank’s own philosophy has been undergoing some change starting from its President James Wolfensohn and percolating down to its World Development Report (WDR). The 2001 WDR on poverty was thus a rather different document from the 1990 document. The Bank is now much less categorical on the issues of import liberalization, privatization and
de-subsidization and is willing to recognize that reforms in these areas may have created some problems for those affected by the reforms. How far this flexibility in the Bank’s philosophical posture is reflected in the country strategies and programmers merits investigation.
The deligitimisation of the state: This incapacity to restore sovereignty to Bangladesh’s policymaking process has contributed to the erosion in the credibility and authority of the state. In the eyes of the public the state had some years ago surrendered its policymaking prerogative to the donors and was seen to be more accountable to the donors than it was to parliament or the voters. Today, as the influence of the donors has eroded the state is seen to have lost its moorings, remains directionless and has limited capacity to deliver either on its own commitments to the electorate or to honor its obligations to its external partners. Such a rudderless state is progressively delegitimizing itself in the eyes of its citizens, who mostly see the machinery of the state as part of the problem rather than the solution to their daily concerns.
The changing face of the donors My address today to the members of the Bangladesh Economic Association argues that this shift in the development philosophy of the international agencies is likely to be of little consequence to the course of the development process in Bangladesh. The move towards establishing greater ownership over the reforms though the preparation of a Poverty Reduction Strategy paper (PRSP) reflects little more than a cosmetic change in
the thinking of the Bank in Bangladesh or much of the Third World. PRSPs, as they have emerged in practice, have basically been built around the core of structural adjustment reforms (SAR) which have been imposed by the Bank on economically vulnerable countries across the world. These reforms have now been made more palatable by the emphasis on poverty reduction, captured in the commitment of more resources for human development and safety net programmers to protect the poor from the consequence of reforms. The new conditionality which is presented to all Third World Finance Ministers demands that they should come to the annual Aid Group consultations with a PRSP which incorporates all the Bank/IMF policy reforms they had already imposed on these countries over the last decade.
The crisis in governance; The erosion in the legitimacy of the state originates in the crisis in governance which has been perpetuated over successive regimes. This crisis manifests itself in the breakdown in law and order, the non-performance of the administration and the dysfunctional nature of our parliamentary democracy. their duty, have now effectively commoditized themselves and offer whatever services the complainant or law breakers are willing to pay for. The subordinated nature of the lower judiciary fails to guarantee to legal rights of the victims of partisan law enforcement. It is no accident that successive regimes have reneged on their commitment to separate the judiciary from the executive. in the same way, the administration, has also been parochialised and commoditized to a point where it has effectively become dysfunctional. Successive regimes, have sought to patronize those in the administration who they think will be serviceable to the interests of
the Party in power or the ambitions of particular political individuals. Conversely, those officers deemed to be linked to the outgoing regime are marginalized, persecuted and even removed from the service. This culture of partisanship has now infected the bureaucracy to the point where professional advancement is declined from performance or integrity and is increasingly linked to political identity and the extent of patronage In the eyes of the citizens of Bangladesh the state is itself the source of the breakdown in law and order. The patronization by successive governments of a criminal class, who have become instrumental to the functioning of our principal political parties has brought the machinery of law enforcement into contempt. The law enforcement agencies lack the authority to enforce the law so they now only act in the service of the ruling party, in gross violation of human rights or the preservation of democratic norms. In such circumstances, law enforcement agencies, knowing that there is no premium on doing accessed by an officer. This parochicalised administrative culture has encouraged rank opportunism, protected corruption as well as incompetence and jeopardized the careers of committed professionals. The bureaucracy is now divided and consumed with insecurity to a point where there is neither continuity nor the application of norms in the discharge of administrative responsibility. As a consequence the Public Services Commission, once directed by people of recognized administrative authority and integrity, has now become an instrument of political patronage and jobbery. Most agencies, engaged in delivery of goods and services or exercising regulatory functions, have now created a private market for discharging their public responsibilities. The days when bureaucrat were driven by a sense of public mission, built on expectations of professional recognition and advancement, remain in distant memory. In such circumstances the administrative system is rarely capable of implementing any poling and is largely seen as an agency for rent seeking from the helpless citizens.
State failure in health care; Such a debased administrative culture has led to state failure in the delivery of virtually every public service ranging from the nationalized banks, to the ports, power, gas, water supplies and postal agencies. The health care and education services have degenerated to a point where it is a misnomer to term them as a public service. In everything from hospital beds, to clean sheets, basic diet, bandages or medicines, to the delivery of a bedpan, payment has to be made to a public service provider. Doctors and nurses are
overworked and underpaid so that have taken compensatory refuge in private practice whilst remaining in public service. This often ends up in a conflict of interest. Advancement is now politicized so that the politics of the Bangladesh Medical Association has now become no less confrontational than in the conventional political arena.
The declining influence of the donors and its consequences In Bangladesh today, we are therefore, caught up within a peculiar paradox. The lead agency attempting to influence our policy agendas now lacks the conviction to sustain its inherited strategies but remains disinclined to open its mind to a genuine dialogue with domestic constituencies to promote a more creative agenda for change. Instead, the Bank and other donors are bringing in new elements into the development discourse extending
from human rights, judicial reform, anti-corruption and local self government, along with its standard package of reforms, which is at least 20 years old. However, since aid commitments to Bangladesh have remained stagnant for the last decade, the share of aid in relation to both GDP and the development budget has steadily declined. Thus, today aid disbursements are around 60% of remittances to Bangladesh by our overseas migrant workers. This declining contribution of aid to our development effort has consequently reduced the leverage of the donors in enforcing change in our policy direction or governance. The declining influence of our donors on the policy agenda has done little to encourage successive regimes to initiate a more indigenous process of policy reform, drawing upon domestic expertise backed by a political consensus. We are therefore left with a policy package which has already lost its political legitimacy at the global level and has largely failed to realize its primary mission, either in Bangladesh or in most countries, where it has been in operation. This hiatus in Bangladesh’s policymaking process has left us in a state of limbo. Our policymaker are incongruously still arguing for a reform agenda, which has gone out of fashion at the global level, in which they themselves no longer believe, and which has done little to transform Bangladesh.
The crisis in the education sector; The education system has been commoditized and devalued at the primary and secondary level even as we invest a growing share of the budget in this sector. Our institutions of higher learning have not so much become politicized as criminalized. What passes for student politics is really the patronization of gangs of armed businessmen who use the campus for commercial advancement and extortion in return for military services rendered to the major political parties. This small section of commoditized musclemen, patronized by the ruling party, rule the campus while those who serve the opposition become fugitives from the law until they join the ruling party and obtain protection from the law enforcement agencies. political confrontation which has paralyzed our parliamentary institutions. Whilst Parliament rather than walk out at the least provocation. A dysfunctional parliament, in turn, reflects a malfunctioning political system, where political policies are become depoliticized and are increasingly being used to pursue private agendas rather than implement political commitments. The ascendance of money and muscle in our political life has transformed the electoral process into a rich man’s game where fire power has become common currency in the service of politics.
Legal system in Bangladesh After the emergence of Bangladesh in 1971, initially there was no change of laws and the judicial system. But with the coming into force of the Constitution of Bangladesh on 16 December 1972, the Supreme Court of Bangladesh with two divisions, the High Court Division and the Appellate Division, came into being. As the apex court the high court division has been vested with the power to hear appeals and revisions from subordinate courts, and also to issue orders and directives in the nature of writs to enforce fundamental rights and to grant other reliefs available under the writ jurisdiction.
The appellate division is vested with power to hear appeals from the decisions of the high court division or from any other body under any statute. The high court division has also powers of supervision and control of the subordinate courts and tribunals. The supreme court is a court of record and can punish any one for its contempt or contempt of the courts subordinate to it. The laws declared by the appellate division is binding on the high court division and law declared by either division is binding on all subordinate courts. The high court division may declare any law inconsistent with the fundamental rights as null and void. The President of the republic controls the judicial officers of the subordinate courts in consultation with the supreme court.
There are labour courts and labour appellate tribunals to decide labour disputes, administrative tribunals and administrative appellate tribunal to decide service disputes of public servants, income tax appellate tribunal to decide income tax disputes, custom, excise and VAT Appellate tribunal to decide disputes regarding custom and excise duties and VAT, court of settlement to decide disputes about abandoned properties, special judges to try corruption cases against public servants, special tribunals to try criminal cases under the Special Power Act 1974 and Nari-o-Shishu Nirjatan Daman Adalats to decide cases of crimes committed against children and women. To decide election disputes the election tribunals are constituted with judicial officers. Other tribunals follow the some procedure. Family courts have been constituted with assistant judges to decide family disputes. To decide money claims of the banks and other financial institutions Artha Rin Adalats have been set up presided over by judges, and insolvency courts have been set up presided over by district or additional district Judges to declare defaulting borrowers as insolvent. To try offences committed by children below the age of 16 years, juvenile courts have been formed with the magistrates and sessions judges, and juvenile courts follow the special procedure laid down in the children's Act.
Court martial formed under the provisions of the Army Act, Air Force Act, and Navy ordinance, tries the offences committed by the members of the armed forces, and the decision of such a court cannot be challenged in the supreme court. There are village courts in the rural areas and municipal conciliation boards in the urban areas to decide petty civil and criminal cases. The land appeal board is the highest authority to hear revenue appeals from the decisions of the subordinate land revenue authorities, and the national board of revenue decides tax, duty, excise and VAT cases at the highest level.
The legal system of Bangladesh is basically a common law system with the difference that the supreme court can not only interpret laws made by the jatiya sangsad but can also declare the same null and void and enforce fundamental rights of the citizens. Though the legal system is founded on the English common law, most of the laws of Bangladesh are statutory laws enacted by the legislature and interpreted by the higher courts. The procedural laws provide for an adversarial system of litigation in which prosecution has to prove the guilt of the accused who has no burden save in some exceptional cases, and the accused is presumed innocent till found guilty after trial, whereas in a civil case the burden is divided between the litigating parties. Moreover, there is a separation of powers amongst the legislature, executive and judiciary. The supreme court is not only independent of the other organs, but also acts as the guardian of the Constitution. Though the subordinate judiciary is independent in exercising of judicial power, the same is under eclipse due to the absence of separation of the lower judiciary from the executive. Consecutive governments committed themselves to separation, but as yet no action has been taken at the ground level. The Sangsad can enact laws, but the same cannot be inconsistent with the provisions of the Constitution, which include a number of fundamental rights. Thus the legislative power of the Bangladesh Jatiya Sangsad is not unlimited like that of the British parliament which is said to have power to make any law.
Legal System has developed gradually in Bangladesh with her growth as a nation over the centuries. Before the advent of British rule this part of the country was under Mughal rule. The Mughals seized power from the Turko-Afghan sultans who ruled the country since the beginning of the 13th century. It was under the Aryan rule since 6th or 7th century BC when they conquered the land by vanquishing the indigenous people. During the Turko-Mughal rule the country formed the eastern part of Subah Bangla and, during the British rule, eastern part of the province of Bengal.
Aryan legal system After coming to India the Aryans followed certain norms in their conduct with one another. The rules of conduct (achar) of each class included religious observances which were binding, and violation of the same was expiated by the rituals of penance (prayaschitta). The Brahmins, the priestly class, helped the wrongdoers in performing those rituals. Those rules of conduct were called dharma and included duties and obligations. In course of time it became the dharma of the king to compel the people to observe their rules of conduct and the Brahmins, as the repository of knowledge of those rules, advised the king in administering the same. Legal obligations and their violations were subject matter of litigation (vyavahara). The king and the judges appointed by the king decided the litigations. It was the obligation of the subjects to obey the command and law laid down by the king. As military chief he had the power to coerce people to obey his orders. The king maintained social order by awarding punishment (danda) to the violators of the law. Dandaniti or the rules about punishment was an essential part of the education of the king. But the king had to apply danda according to the established canons of dharma.
After Bengal came under Aryan rule, the system of law of the Aryans as modified by local customs and usages was in operation. During the rule of the Palas the chief justice was called Mahadandanayaka or Dharmadhikar and during the rule of Chandras Varmans and Senas he was known as Mahadharmadhyaksha. That system of law was also known as Hindu law. Laws compiled by Gautama, Budhyana, Apastamba, Harit, Vaisishtha, Visnu Manu, Yajnavalkya, Narada, Brihaspati, Katyanya etc were the main sources of the new legal system. In Bengal Jimutabahana's Dayabhaga, a digest of all codes of hindu law was followed in respect of inheritance and partition of joint property and in the rest of India Vijnaneshwar's Mitaksara, a commentary of the code of Yajnavalkya was followed.
Legal System under the Mughals During the Mughal rule, the legal system introduced by the Turko-Afghans was not changed, rather consolidated. In every pargana (mahal) consisting of several villages, there was a qazi to decide civil and criminal cases, a sikdar to maintain law and order, an amin to assess revenue and to decide land and revenue disputes and an amil to collect revenue. Similarly in every district there was a district qazi to hear civil and criminal cases of district town and also to hear appeals from the decisions of the pargana qazis.
The faujdar maintained law and order in the district, and malguzar was the head of revenue administration of the district and also decided land and revenue disputes. He also had power to revise decisions of the amins. Qazi-ul-quzat (chief justice) decided civil and criminal cases of the provincial capital and also heard appeals from decisions of the district qazis. The qazis administered justice according to the principles of Islamic law. But rules of the personal laws of the non-Muslims were applied by him in deciding disputes between them. The qazi was assisted by the mufti in deciding cases according to the rules of Islamic law and by the help of a person well versed in the personal law of the non-Muslims in deciding cases amongst them. The sikdar of the pargana and fauzdar of the district could punish the offenders for breach of peace only. The nazim (provincial governor) had powers to revise the decision of the chief qazi in criminal offences punishable with death or mutilation.
The provincial diwan had the power to revise the decision of the district Malguzar. The village panchayet's power was also intact during the Mughal rule. Though the zamindars, as government agents for collection of revenue, had no judicial power they usurped the same during the declining period of Mughal rule. By issuing firmans, the Mughal emperors promulgated laws in respect of secular matters and the same were binding. But they did not make any law contrary to Islamic principles. Rather, the Mughal emperor Aurangzeb appointed a commission for compiling the Islamic laws followed by the sunni school. The said compilation is known as Fatwa-i-Alamgiri.
Turko-Afghan legal system After the conquest of Bengal by bakhtiyar khilji in 1204 AD, the application of Hindu law was limited to the personal laws of the Hindus, and in the administration of justice the principles of Islamic law were applied. The country was then either ruled by independent sultans or by the representatives of the Delhi sultanate until the conquest of the province by the Mughals. None of the independent sultanat except the rulers of Hossain Shahi Dynasty could rule the country for long. Hence those rulers could not consolidate their power to administer the country peacefully.
However, their administration was modelled on the set up of the Delhi sultanate. The sultan was the head of not only civil and military administration but also of justice. The country was divided into units called iqlim or arsah. Each division was under an officer who was not only head of the civil administration of that area, but also head of the local army and maintained law and order. The sultan also appointed a judicial officer called qazi in each division for administration of justice in accordance with the Islamic law. The sultan also appointed a qazi in each and every town. Qazis administered justice with the help of the ulema, learned men in Islamic law. The qazi decided litigations between the disputing parties, whereas the sultan decided cases of rebellion and blasphemy. As head of the judiciary the sultan had power to revise the decisions of the qazis.
Legal system under British rule In 1857, Queen Victoria by a proclamation took over the administration of India from the hands of the Company. Codification of laws by the extended legislature under Government of India Acts was accelerated on the basis of recommendations of the law commissions. In 1862, the Calcutta High Court was established by amalgamating the supreme court, the Sadar Diwani Adalat and the Sadar Nizamat Adalat. At the same time, the Islamic system of law was replaced by the English common law system in 1862 with some modifications allowing both Hindus and Muslims to be regulated by the rules of their respective personal laws as enjoined by their respective religion. In 1864, the posts of qazis, muftis, moulavis and pundits were abolished.
The judicial officers of the subordinate courts were appointed from amongst the law graduates, practising lawyers and administrative officers who were members of the Indian Civil Service (ICS). High court judges were appointed from amongst the practising barristers, advocates and the district judges. The lowest level civil court was presided over by the munsif and criminal court by the magistrate in the subdivisional headquarters. However, there were three classes of magistrates having first class, second class and third class power of imposing sentences. Above these aforesaid courts were the courts of district judges, additional district judges and subordinate judges in civil matters, and the courts of the district and additional district magistrates, the sessions judges, additional session judges and assistant session judges in criminal matters in the district headquarters. The session courts were presided over by the same officer who decided civil cases also as district judge, additional and subordinate judge. Appeal lay with the high court from the decision of the district court and with the Privy Council in England from the decision of the high court. Till the partition of the country in 1947, the modified English legal system was in operation. Before the introduction of English legal system, massive codifications were undertaken starting with the enactment of the Evidence Act, 1853 and 1855, criminal procedure code 1861, Small Causes Court Act 1860, Penal Code 1860, civil procedure code 1859, Contract Act 1885, easements act 1882, Civil Courts Act 1871, and myriad other Acts, all incorporating principles of English Law. Code of Criminal Procedure, Code of Civil Procedure, Civil Act, Small Causes Court Act and Evidence Act were subsequently modified and reenacted.
The Constitution of Islamic State of Madina
Islamic law is based on revelation (QURAN and Sonnat) and reason (common sense). QURAN and Sonnat are fixed but interpretational understand of QURAN is variable, different people understanding QURAN differently. A doctor concentrates on medical benefits and medical miracles of QURAN. A lawyer is more impressed by legal aspect in QURAN. A layperson is more interested in commandments of QURAN and tries to be more obedient to Allah (SWT).
Quran was revealed 1400 years ago but it never gets old because it is a book of values and human values never change. Lying, cheating, stealing, are always bad and aill stay as a wrongdoing as long as human beings are around.
AGHL (reason) – All Islamic laws must be reasonable. Since United Nation has issued the human rights declaration and all nations of the world have accepted that, therefore, we can accept that as reasonable. Now we must interpret the QURAN the way that it will be compatible with United Nation’s human tights declaration. Most of the Islamic religious leaders who are enjoying the religious freedom in the west have reviewed the human rights declaration and find it fully compatible with Islamic understanding and have written about it in detail. To prove something is reasonable the issue must be debated freely in public, then people must be free to vote on it and their vote must be counted accurately, then, we can call it full democracy and the final outcome is considered reasonable. In the Western Democracy, congress is composed of people’s representatives who make the final decision on secular issues. If they make a gross mistake they will lose their job in the next election. A decision made this way is considered reasonable.
SONNAT is the traditional understanding of QURAN by our beloved prophet (PBUH) as narrated by his family Fatima Zahra (SA) and our twelve Imams (SA). Without the Sonnat people could say that QURAN is a holy book and that it is impossible for human being to follow it, but Sonnat will prove to you that these 14 people lived according to QURAN and it is humanly possible to live according to QURAN.
EJMA (consensus) – Only in religious matters, consensus of Ayatollah’s / senior religious leaders will make the final fetwa (order). In the 21st century all Ayatollah must be certified by the congress in their country, then they must review various Islamic Laws and approve or disapprove it for their nation. Ayatollahs must choose a leader for themselves for a 5-year period. This religious council must only debate morale and religious issues and not to get involve in military issues and foreign policy. Judicial system, military system and foreign policy must be under control of President and Congress, both elected fairly by their people like in United States.
Because Islamic Laws are based on revelation and reason it never gets old or out dated. Secular democracy in the west is failing and issues like high rate of divorce, gay marriage, gays adopting children, immorality, and drug and alcoholic abuse are threatening the fabric of secular democracy therefore, President Bush and the Republican Party are trying to bring back God and Morality to this Western Secular Democracy by Faith Based Community Initiative.
Efficiency and Effectiveness
Efficiency and effectiveness are both commonly used management terms. Yet, while they sound similar and start with the same letters, they both mean different things. The primary difference: Efficiency - productivity metric and Effectiveness - quality metric
Efficiency is a productivity metrics meaning how fast one can do something. Hence Testing efficiency metric can be "No. of test cases executed per hour or per person day". This explains how efficient (i.e. fast) the person is at testing.
Effectiveness is a quality metrics meaning how good a person is at testing. Hence Testing effectiveness metrics can be "No. of bugs identified by a tester in a given feature / Total no. of bugs identified in that feature". Here the difference between total bugs and bugs identified by the tester could be that some bugs must have been uncovered by the customer since the tester was not able to detect them during testing.
Efficiency refers to doing things in a right manner. Scientifically, it is defined as the output to input ratio and focuses on getting the maximum output with minimum resources. Effectiveness, on the other hand, refers to doing the right things. It constantly measures if the actual output meets the desired output.
Since efficiency is all about focusing on the process, importance is given to the ‘means’ of doing things whereas effectiveness focuses on achieving the ‘end’ goal.
Efficiency is concerned with the present state or the ‘status quo’. Thinking about the future and adding or eliminating any resources might disturb the current state of efficiency. Effectiveness, on the other hand, believes in meeting the end goal and therefore takes into consideration any variables that may change in the future.
In order to be efficient time and again, discipline and rigor is required. This can build inflexibility into the system. Effectiveness, on the other hand, keeps the long term strategy in mind and is thus more adaptable to the changing environment.
Since efficiency is about doing things right, it demands documentation and repetition of the same steps. Doing the same thing again and again in the same manner will certainly discourage innovation. On the other hand, effectiveness encourages innovation as it demands people to think, the different ways they can meet the desired goal.
Efficiency will look at avoiding mistakes or errors whereas effectiveness is about gaining success.
In the earlier days of mass production, efficiency was the most important performance indicator for any organization. However, with consumers facing an increasing number of choices, effectiveness of an organization is always questioned. In order to be a successful organization, there needs to be a balance between effectiveness and efficiency. Only being efficient and not meeting the requirements of the stakeholders of the organization is of little use to anybody. And effectiveness may result in success but at what cost?
Summary:
1.Efficiency means doing the things right whereas Effectiveness is about doing the right things.
2.Efficiency focuses on the process or ‘means’ whereas Effectiveness focuses on the end.
3.Efficiency is restricted to the present state whereas effectiveness involves thinking long term.
4.Organizations have to be both effective and efficient in order to be successful.
Management is a blend of Science and Arts
Management is everywhere - office, hospital, school, curity, Finance, trust etc., Management is basically Planning, Organizing, Coordinating, Directing, Assessing, Correcting, Motivating and Achieving a set goal. It is objective-oriented. We always have a doubt whether it is an art or science. It is the oldest of arts and youngest of science, because it is of dynamic nature.
Different Managements need different approaches; for example Business Management and Personnel Management are based on Common principles but vary a lot in the approach. Economists say Management is a Factor of Production; Socialist views it as a Group of People; others say that is a process; Mary Parker says “ Management in its true sense, a process by which an organization realizes its objectives in a planned manner”; Management is all about great ideas, people and achievements; though there are many definitions of Management no single definition is universally accepted, as it changes from situation to situation, industry to industry; it has got different dimensions and hence cannot be defined precisely as a Scientific Theory or Law; James A. F. says “ Management is the process of Planning, Organizing Leading and Controlling efforts of organization members and of using all other organizational resources to achieve pre-determined Organizational goals”.
Dr. James Lundy’s views : “Management is a task of Planning, Coordinating, Motivating and Controlling the efforts of others towards specific objectives”. According to Henry Fayol, “Management is to forecast, plan, organize, command, coordinate and control". Peter F Drucker defines Management as “An Economic Organ of industrial society”; E.F.L. Breach says “Management is concerned with seeing that the job gets done, its tasks are centered on planning and guiding the operations that are going on in the enterprise”; According to George R Terry “Management is a distinct process consisting of planning, organizing, actuating and controlling performance to accomplish the objectives by the use of people and resources”.
Management is taking inputs, transforming them into output-either a good or service; the effectiveness of this transforming the input into output depends on the Management - especially when the resources are scarce; It is a group activity; motivating others and getting the things done within the stipulated time, without compromising on the quality of the result; it gives shape and color to the great ideas of the manager; Management involves dealing with people who have different understanding, sensitivity, knowledge, capability, responsibility, maturity.
Science is a collection of systematic knowledge, collection of truths and Inferences after continuous study and experiments. The Relationship between Variables and Limits are defined and the Fundamental Principles discovered.
Science has got three specific characters :
1. It is a systematic and organized knowledge and based on scientific methods of observation.
2. Inferences are arrived after continuous observation and experiemtns;
3. It has logical principles which are well defined and are Universally applicable without any limitations.
Management Principles have also evolved and it is changing day by day according to the change in the human behaviour; In science keeping one factor as Variable and all others as constants the same experiment is repeated many times in order to arrive at a conclusion; but Management involves human element and hence all the factors are wildly varying.
Art uses the known rules and principles and uses the skill, expertise, Wisdom, experience to achieve the desired result. The point is how to get the things done in the desired manner to get the desired result. New methods can be adopted from the past experiences and incidents what to do and what not to do; Effective Management is extracting voluntary cooperation from the staff. So it is definitely an art and it can be acquired only by practicing the theoretical knowledge skillfully and prudently.
Management has got two faces like a coin; on one side it is art and on the other it is science. Management has got scientific principles which constitute the elements of Science and Skill and Talent which are the attributes of Art.
Management skills are acquired by constant practice as in the case of medicine, engineering and accountancy; Mere knowledge of concepts will not fetch results; understanding human behaviour, tactfulness, vision, pragmatism, creativity, compassion towards staff, team spirit are all needed by a Successful Manager for effective management. The Science and Art are not mutually exclusive but complementary to each other. Therefore Management is both a science and an art.
“Nature is always consistent, though she feigns to violate her own laws.” She keeps her laws, and yet she seems to transcend them and violate them.” For example, she arms and equips an animal to find its place and living on earth and at the same she arms and equips another animal to destroy it. “Space exists to divide creatures,” but by giving wings to a bird she enables it to fly to any place and in this way to become omnipresent. Emerson insisted more vigorously than enter before on the importance of action, A thinker, a scholar, must be a doer also. Practical men mock at speculative men asif speculative men are incapable of action. Action is essential for the scholar though action is to be subordinate to speculation. Without action, the scholar is not yet man. Without action, thought can never ripen, the scholar is not yet man. Without action, thought can never ripen into truth. Only action can complete thought. Reading should be creative. It must make him see into the heart of thing and understand the truth. He advises the scholar, a great soul will be strong to live, as well as strong to think Does he lack organ or medium to impart his truth? He can still fall back on this elemental force of living. This is a total act. Thinking is a partial act. He must learn the dignity and necessity of labor, only then would he be a whole man, a man thinking. He must be free from dependence on the books of other country, as well as from the slavery to all books, to the mind of the past. He must be culturally independent.
Duties of Scholar (a) A question of self-trust
Self-trust and self-realization must be acquired by the scholar. It is his most important duty. It is the most important. Duty. It is the scholar’s duty not to submit to popular opinion enen if respectable leaders of society support it. At the back of the single self-reliant man is the one soul which animates all men. Emerson’s doctrine of American cultural independence appealed greatly to his listeners. He succeeded in driving home the poinl that self-trus of the individual was most important, no matter what his nationality may be. Working with self-confidence he must chee, raise nd guide men by. Showing them the truth which is often hidden under appearances often false and deceptive. The scholar must free himself from such deception
Rational analyses and judgment
Emerson rises to the peaks of eloquence when he exhorts the American scholar to realize his duties by telling in glowing words, he is the world’s eye. He is the world’s heart. He is to resist the vulgar prosperity that retrogrades ever to barbarism, by preserving and communicating heroic sentiments, noble biographies, melodious verse and the conclusions of history. Whatsoever oracles (judgments) the human heart, in all emergencies, in all solemn hours, has uttered as its commentary on all emergencies, in all solemn hours, has utteredas its commentary on the world of actions-these he shall receive and impart. And whatsoever now events of today-this he shall hear and promulgate. It is his duty to bring Reason to judge the actins of men and thus guide them and inspires them to do what is right and proper, if he is free and brave success would be his in the long run. This is the way to cultural independence and the scholar must himself follow is and teach others too to taka to it. In short it would in cultural matters.
Emerson tromssindenta limp
Transcendentalism is a word which has been variously interpreted. `Transcendent’ means beyond and above hence a transce ndentalist is one who believes in the existence of a divine world, beyond and above the world of the senses. The divine cannot be known by reason or rational analysis, but it can be felt and experienced by the spirit through intuition. The divine is referred to as the over-soul by Emerson and it was referred to as the soul of the entire world by Wordsworth. The external world is but the raiment or outer covering of the divine. Men can know the divine and ultimately become one with it through the agony of Nature which speaks to the soul and not to the reasoning faculty. It man comes to enter into his soul, he can see into the heart of thing Thus there is oneness of God, Man and Nature. Emerson stressed the worth of the individual, the dignity of the human soul. He taught Man to rely on himself, on any authority outside himself or on tradition, however sacred or old. Thur his transcendent talism is closely linked with his individualism.
His teachings harmonized with the rise of democracy, the rise of romanticism, and the revolt against Puritan Orthodoxy which was begun by the Unitarians and carried by the transcendentalist to its natural conclusion. The Unitarians asserted the doctrine of the freedom of the will. In so doing, they laid the foundations for Emerson’s central doctrines of self-reliance, the moral sense, and the exact corresponddectrines between natural and moral law. An intense faith in the individual is at the root of his faith in religious liberalism, in political democracy, and in literary romanticism. In this way, he produced works of art from the substance of American experience. Emerson’s Transcendentalism is an amalgam of various philosophies or ways of thought, both of the east and the west, both ancient and modem.
The transcendentalists believed in the unity of man, Nature and God, and the immanence of God in the world. Because of this indwelling of divinity, everything in the world is a microcosm contain in within itself all the laws and meaning of existence. Likewise, the soul of each individualist identical with the soul of the world (or over soul) which contains all the world contains. Man may fulfill his divine potentiality either through a mystical state, in which the divine is infused into the human, or through coming into contact with the truth, beauty and goodness embodied in mature and origination in over
Emerson’s nature-the Bible of Transcendentalism’’ states his basic concept of the unity of man, Nature and God. Him subsequent lectures and essays are primarily or elaborations of those concepts with the help of new insights he gained. In Nature, Emerson has tried to locate man in relation to nature, on the one hand, and God on the other. He has also made an attempt to see how man fufils his destiny and realizes his end. He places man at the centre of nature. Nature is helpful to him in the realization of his higher ends atd in the fulfillment of his destiny. At the physical level, it caters to his bodily needs and the meds of the senses. He considers body as a part of nature and, therefore, like it, an inferior incarnation of God in the unconscious. Man is God’s superior incarnation in the conscious. Nature is the she shadow that we, our essential elves, cast. It is even the creation of our own mind. When we perceive the underlying principle in Nature, we come to know our essential self. Through the perception of the exterior beauty of Nature man becomes conscious of the spiritual beauty of the Universe. This is not automatic, but only when our senses are properly sharpened and harmonized with our inner self that we begin to see more than mere outward beauty. This is the moment when we are awakened to our essential being. Through Nature’s beauty we begum to see our own selves. This is the way in which Nature is made “to conspire with spirit to emancipate us”. The ground of our being is this beauty, this underlying principle and once we apprehend this truth we begin really to exist.
To Emerson, beauty and truth are one and the same things. When he says, “our life is embosomed in beauty” he means by beauty the over-soul, within which every man’s particular being is contained. Once we realize this we do not see surface facts alone, but the Soul that is immanent. Through the triangular relationship of man and Nature and of man and God, the position of man is explained and ascertained. How-ever, Emerson knows it is not possible for him to explain why and how the universal soul incarnates in man and thus the major part of this mystery cannot be unraveled. But there is no uncertainty in Emerson’s thought as to the over-soul being the ground of man’s existence. The foundation of man is not in matter, but in Spirit. Spirit. “Because of the
Soul’s participation in the Divine substance, there is no limit to the possibilities in man’s life. Emerson called it the” infinitude of the private man,” and this he preached all his life. This means that man’s essential self is capable of transcending the finitude of existence and of becoming one with the infinite. Ineffable bliss is the union of man and God/ One great miracle is the daily rebirth of God in the individual soul. “The purpose of man’s life, therefore, is to recognize his own essential self and the comic unity. It is in the very constitution of man to speak and strive in order to realize this unity in the very constitution of man to speak and strive in order to realize this unity in his own essential self and the cosmic unity. It is in the very constitution of ma to speak and strive in order to realize this nutty in his life.”
Freedom of the individual is dear to Emerson; it is man’s most precious inheritance. Man has various faculties; they must be given free scope to develop to the fullest extent. The soul must have a free play. “When it (man’s soul) breathes through his intellect, it is genius; when it breathes through his will, it is virtue; when it flows through his affection, it is love,’’ No doubt great men are representatives of the essential humanity and, therefore, their “thought and feeling cannot be impounded by any fence or personality.” But great men are also those who have their special faculty developed to the highest pitch, and who On the other hand, every individual is left free to grow independently. “Nature wishes everything to remain itself” and it “steadily aims to protect each against every others”. Each is self-defended. Nothing is more marked than the power by which individuals are safeguarded from other individuals. The integrity of the individual’s personality must remanin unencroached upon by systems, institutions or society.
All through his career he focused on the Infinitude of man, when this Infinitude is fully developed, Man becomes one with the Divine or the over-soul.
Such is Emerson’s Transcendentalism. It is there in Nature, and it is developed and elaborated all through his caret in his Journals, lectures, numerous essays, poems and other works. There might be con-eradications here and there, but there, but then it must be remembered that he was essentially a man of literature and not a philosopher. “his philosophy is a way of living, not system of thought. His writing is the record of his own, man thinking.”
Detailed Critical Summary
Emerson begins his epoch making essay on Nature by pointing out that there are certaing days in every season when the weather is absolutely lovely, on such days it seems that Nature has reached its perfection. Everything that has life gives a sigh of feeling satisfied; and the cattle which life on the ground seem to be having deep and peaceful thoughts. A day of this kind seems to be very long and it seems to sleep over the fields and hills. To live through its sunny hours seems that one has lived for a long time. The solitary places on such a day do not seem to be so very lonely. When a man enters a forest on such a day, he leaves the life of the city and the thoughts of the city far behind. There in the forest he finds Nature in all her glory and grandeur and everything else seems petty and insignificant in comparison. Nature here seems to judge all men who come to her. The moderate light of the woods is like a perpetual morning which stimulates a man. The eye is excited at the sight of the pines and the oaks. The trees which cannot talk begin to persuade him to live with them and to quit his life which is made up of such trifles, as history, church or state- affairs. Everything looks trivial in comparison. All human affairs are forgotten for the time being
It’s Healing Effects:
These enchantments of Nature have a healing effect on us. They have a medicinal property and they sober us. These are simple pleasures, kindly and natural to us. Nature is our real home, and once we have returned to it, we can never forget it or go back. Says Emerson, “Indeed it is the magical lights of the horizon and the blue sky for the background which save all our works of art, which were otherwise baubles. Cities do not give enough scope to the human senses to develop and flourish. But in the woods there are all degrees of natural influences, from the medicinal powers of Nature to her gravest ministrations to the soul “ There is the bucket of cold water from the spring and the wood-fire to which the traveler feeling cold rushes for warmth; and there is the sublime moral of autumn and of noon. We take rest in Nature and feed upon her and we receive glances from the heavenly bodies which call us to solitude and foretell the most distant future. Nature provides us with nourishment of all kinds. It nourishes both the body and the soul. Body is nourished by her “roots and grains’’, and the soul by the azure sky above. When we look at it we dream of heaven
Ralph weld Emerson war born at Burton Mariachis TTS at 1803 in 1837 the greatest writing of tire very man the American Scholar. As Emerson reputation grew Harbored in voted him to deliver am im portent oration in toe summer of 1837. And Emerson responded with her the Americium Scholar It war an eloquent appeal for courage am action among American the in Kris for final freedom from the tyranny of Euro peens ides for the beginning of a new era He urged the graduating class to find a new revolution appropriable to a new era.
The Amery can School lord is the phi Beta Kappa (the name of a literary society) address delivered at Harvard University rear cam bribe I.S.A, on Augur 31, 1837. The address War in 1837 and again in 1839 Emerson begins his address by panting out that the time har now come when the Amery can people row greater index pentane So for they had been dependent On the nations of Europe, but now their long apprenticeship to the learning of other lands draw to a close. Al the very beginning of the Essay the American scholar we find the concept of Scholar According to Emerson
Distribution of functions, Division of man into men and a man thinking
According to an ancient fable the god in Nome ancient time divided man in tomen so that he might be more helpful to hires jut or the hand war divided into singers in order to perform its fume tine more effectively According to the fable there is ore man who appears to all particular men only partially or through one faculty. Emerson istelling that once upon a time one men labor is a part of united labor But in a present time borty full ness come in a human mind man is divided into men He is tell ling that man is transform into a thing into many thing . It is there fore necessary to Trudy the whole society in Order to send the whole man Man is not only a farmer or a preferred or am engineer but he is all and he or she is a human being. He acts in many capacities. So the recolor must act ohm the whole man.
2 Natures: Her Influence
Emerson, next, proceeds to consider the various influences which operate upon him and through which he is educated. The first influence is that of nature. Every day the sun shines; and when the sun has set, the stars appear in the sky. Ever the winds blow and ever the grass grows. The scholar is he of all men who is attracted most of all by the scenes and sights and the phenomena of Nature. What is Nature to him There is neither a beginning nor an end to the mysterious continuity of this web of God, it is always circular power returning into itself. Slowly the mind finds how to join tow things and see in them one Nature: then three: the a thousand;and so the mind goes on tying things together and discovering that contrary and remote things cohere and issue from one stem. The scholar soon learns that since the dawn of history there has been a constant accumulation and classification of facts. But classification only means that the objects of nature are not chaotic but have a law which binds them together and is alsoa law of the human mind thus he becomes conscious of unity in diversity which is Nature: s law.
3 Influence of the past i.e. Books and freedom from slavery to Books
The second great educative influence on the spirit of the scholar is the mind of the past. The mind of the past is expressed in literature. In art, in institutions est. Books are the best type of the influence of the past and it is necessary that this particular influence is considered in some detail. The theory of book is noble. In the beginning, ,an looked at the world around him and thought upon it, then he gave it a new arrangement in his own mind and expressed his conclusions in his books. Books are true record of the immortal truths discovered by scholars of the past . But nobody is perfect.No artist can entirely exclude the conventional, the local or the temporary from his book. Nobody can write a book of pure thought which will be as useful in all respects for the comings it is for his own generation. The nooks of an earlier period of history are not of much use to the future. It is necessary, therefore, to realize that books do not have a value and validity for all times to come.
It is wrongly supposed that books have an authority for all times and so men begin to worship nooks. But each generation must write its own books which can be of value at the most for the next generation. Submissive young men grow up in colleges and libraries, believing it their duty to accept the views which Cicero, Locks, and Bacon were themselves only young men in libraries when they wrote those books. The result of this worship of books is that we get “the book-worm instead of Man thinking; that we get the book-learned class who value books as such and not as related to Nature and to the human consti8tution.” Books thus come to be regarded as a kind of Third Estate with the world and the soul, being the. Other two. That is how we get the bibliomaniacs of all kinds.
4 Creative Reading and Creative Writing
Books are the best of things well used; but they are among the worst of things if misused. The right use of books is to derive inspiration from them; that will be their right use. The one valuable thing in the world is the active soul. This active soul should not be allowed to become the slave of the ideas contained in books. The active soul sees truth, speaks truth and also creates truth. Books are meant for the scholar’s idle time. In his busy time, when he can directly read God, he should not waste his precious time in reading what others have written. Books are certainly a source of great pleasure. The poetry of men like Chaucer, Marvell, and Dryden affords much pleasure. Books should not be underestimated. But it is wrong to confine one’s attention to books only. Books should be read in a creative, discriminating manner. One should for instance, read only the authentic portions of the books of Plato or Shakespeare; what is not authentic in those authors must be rejected. The active soul, the genius, but the active soul or genius is forward looking. However, it should be remembered that a genius can cause much harm also by over-influence. This is seen in the fact that, “the English dramatic poets have Shakespearised now for two hundred years,” with the result the growth of English drama has been hampered and retarded. Freedom from servile imitation of such men of genius is also essential. Human mind can be fed by the knowledge contained in books, but the reading of book must be creative one. One must be an inventor to read well. AS the proverb says “He that would bring home the wealth of the Indies, must carry out the wealth of the Indies. ” There is then creative reading as well as creative writing. “However, the basic principles or elementary facts can be acquired only by careful and precise study of books. History and science must be read laboriously and elements of the subjects must thus ne acquired. Bit such a study, too, can be useful only when it develops the creative power of the scholars, when it enables him to think for himself.
5 The Need and value of Action
Emerson then points out that it is wrong to suppose that the scholar should be a recluse, a kind of invalid unfit for any handwork or public lab our. The so-called practical men mock at a scholar, as if a scholar can only speculate or see, but can do nothing practical. This view needs to be corrected A scholar must also be a man of action Action may have secondary importance for him, but it is essential Without action the scholar is not yet a man. Without action, his thoughts can never ripen into truth. Inaction or inactivity is a sign of cowardice, but there can no true scholar without a heroic mind. The true scholar never misses an opportunity for action. To him every opportunity of action that i8s lost means a loss of power. Action is the raw material out of which the intellect moulds its splendid products. He who devotes his total strength to action obtains the richest return of wisdom The scholar must be eager to perform actions, for actions are the sources of vocabulary he needs. Action is a kind of diction. Action and events of childhood are the raw materials for future creation. His time is well spent, if it is spent in village labors, in a study of trades and manufactures, in frank conversations with many men and women, in science and in art. The object in all these cases is to master a language through which to express his perceptions. “Academic institutions and books only copy the language which the field and the work-yard have made.”
Duties of the American Scholar
Emerson next proceeds to consider the duties of the American scholar. These duties are such as are worthy of man Thinking All those duties may be summed up in the expression self-trust The first duty of the scholar is, to cheer, to raise and to guide men by showing them facts amidst appearances. He does the show, unhonoured and unpaid task of observation. He must observe and study men and their psychology, and must not mind if fame does not come to him at once. He must be prepared to accept not only poverty and scorn of the people, but also solitude. His chief considerations, and lives nonpublic and illustrious thoughts, He is the world’s eye, and also the world’s heart In other words, he sees and feels for others. He must preserve verse and, communicate heroic sentiments noble biographies, melodious verse and, communicate heroic sentiments, noble biographies, melodious verse and the conclusions of history. Whatever new judgments are pronounced by Reason on the passing men and events of the present, he will hear them and propagate them so the they are also cared for by others.
7 Self-trust or Self-confidence and freedom from fear
Such being his duties, it will be necessary for him to have full confidence in himself and never to heed popular opinions. He sho9uld have the confidence to think that not only does he know the world properly, but also that he will not be carried away from he own convictions by mere appearances or popular propaganda. This self-trust includes all the other virtues. He should go on observing men and life around him. He should add patiently observation to observation without caring for the view of the view of the multitudes and success is sure to come to him in the long run. In understanding his own mind, he would understand all minds and thus would be the lord and master of those with whom he has to deal with. People will then listen to him with pleasure, and find that he has expressed their innermost thoughts and sentiments. This would give him power over the hearts and minds of men, and they would listen to him and be guided by him. This is the secret of the success of great poets and orators: “ Self-confidence and conviction are the keys to success in every sphere of life.
The scholar should be free and brave. He should not tolerate any hindrances except those which arise from within himself. He should be brave because fear is a scholar by his definition puts behind him. “Fear always arises from ignorance.” He should face the world boldly, because the world belongs to him who can see through its pretences. He must not lead a sheltered life, but must face boldly the vexed problems like a man. It is for those who are lacking in self-confidence to feel afraid of this world. The scholar must have so much confidence in himself as to be able to influence the world with his ideas, and free others from fear. It is not the man who can alter matter who is great, the great man is he who can alter the state of mind of others. “They are the kings of the world who give to all Nature and all art the cooler of their own thinking.” Such scholar will find that the world is as plastic in his hands as it was in the hands of God. The great man makes the great thing. “The day is always his who works in it with serenity and great aims.”
The common people gladly bow to the great man. It is only in the world. The common people worship the great man because they see in him the ripening of human potentialities. They bask in the warmth of a great man and feel that warmth to be a part of their own being. They are willing to give their own blood to make the heart of the great man beat. He lives for them and they live in him. The scholar should try to be such a heroic man, and then all will bow down to him.
8 Spread the Idea of Culture, and the Basic Unity of All
Men, such as they are, naturally seek money or power. They seek power because it is as good as money or because money comes though power. That is why we have the phrase, “the spoils of office.” People think this to be the highest good but, if they were to realize that this is a false aim, they would not hander after power or office and would leave the govement to be run by clerks and petty officials. It is the duty of the scholar to bring about such an awakening. Such a revolution in the minds of people can be brought about by the gradual spreading of the idea of culture. “The main enterprise of the world should be the up building of a man,” because a man, “rightly viewed includes the particular natures of all man.” Each philosopher, each poet, each actor has only done for us what one day we can do for ourselves. “It is one soul which animates all men.” It is light which shines from a thousand stars. He must concentrate on the divine that permeates all Nature and all men.
9 Focus on Indici8dual worth and the Basic Unity of All.
Another sign of our times is the new importance given to the single person. Everythingthat tends to surround the individual with barriers of naturalrespect so that be feels the world to be his, every such thing tends to true union between man and man as well as to greatness. No man in this world is either willing or able to help an other man who, Help must come from one’s own bosom alone. The scholar is that man who, “must take up into himself all the ability of the time, all the contribution of the past, all the hopes of the future. He must be a university of knowledge,” He is a man who has understood that the world is nothing and that the man is all important. In man himself is the law of all Nature. He must know that Reason slumbers within him; he must awaken it and apply his reasoning faculty to understand the truth about man and his life. Through his efforts and courage he must bring about the union of man with man and with Nature and God.
A question of self-trust
Self-trust and self-realization must be acquired by the scholar. It is his most important duty. It is the most important. Duty. It is the scholar’s duty not to submit to popular opinion enen if respectable leaders of society support it. At the back of the single self-reliant man is the one soul which animates all men. Emerson’s doctrine of American cultural independence appealed greatly to his listeners. He succeeded in driving home the poinl that self-trus of the individual was most important, no matter what his nationality may be. Working with self-confidence he must chee, raise nd guide men by. Showing them the truth which is often hidden under appearances often false and deceptive. The scholar must free himself from such deception.
Rational analyses and judgment
Emerson rises to the peaks of eloquence when he exhorts the American scholar to realize his duties by telling in glowing words, he is the world’s eye. He is the world’s heart. He is to resist the vulgar prosperity that retrogrades ever to barbarism, by preserving and communicating heroic sentiments, noble biographies, melodious verse and the conclusions of history. Whatsoever oracles (judgments) the human heart, in all emergencies, in all solemn hours, has uttered as its commentary on all emergencies, in all solemn hours, has utteredas its commentary on the world of actions-these he shall receive and impart. And whatsoever now events of today-this he shall hear and promulgate. It is his duty to bring Reason to judge the actins of men and thus guide them and inspires them to do what is right and proper, if he is free and brave success would be his in the long run. This is the way to cultural independence and the scholar must himself follow is and teach others too to taka to it. In short it would in cultural matters.
Emerson begins his epoch making essay on Nature by pointing out that there are certaing days in every season when the weather is absolutely lovely, on such days it seems that Nature has reached its perfection. Everything that has life gives a sigh of feeling satisfied; and the cattle which life on the ground seem to be having deep and peaceful thoughts. A day of this kind seems to be very long and it seems to sleep over the fields and hills. To live through its sunny hours seems that one has lived for a long time. The solitary places on such a day do not seem to be so very lonely. When a man enters a forest on such a day, he leaves the life of the city and the thoughts of the city far behind. There in the forest he finds Nature in all her glory and grandeur and everything else seems petty and insignificant in comparison. Nature here seems to judge all men who come to her. The moderate light of the woods is like a perpetual morning which stimulates a man. The eye is excited at the sight of the pines and the oaks. The trees which cannot talk begin to persuade him to live with them and to quit his life which is made up of such trifles, as history, church or state- affairs. Everything looks trivial in comparison. All human affairs are forgotten for the time being
It’s Healing Effects:
These enchantments of Nature have a healing effect on us. They have a medicinal property and they sober us. These are simple pleasures, kindly and natural to us. Nature is our real home, and once we have returned to it, we can never forget it or go back. Says Emerson, “Indeed it is the magical lights of the horizon and the blue sky for the background which save all our works of art, which were otherwise baubles. Cities do not give enough scope to the human senses to develop and flourish. But in the woods there are all degrees of natural influences, from the medicinal powers of Nature to her gravest ministrations to the soul “ There is the bucket of cold water from the spring and the wood-fire to which the traveler feeling cold rushes for warmth; and there is the sublime moral of autumn and of noon. We take rest in Nature and feed upon her and we receive glances from the heavenly bodies which call us to solitude and foretell the most distant future. Nature provides us with nourishment of all kinds. It nourishes both the body and the soul. Body is nourished by her “roots and grains’’, and the soul by the azure sky above. When we look at it we dream of heaven and its angels like Gabriel and Urial. Man needs no other nourishment, physical or spiritual.
2 Nature : Source of Artistic Activity
Nature is the source of all artistic activity. It is nature which inspires the artist to create beautiful works of art. They reflect the beauty of nature. The man who appreciates the beauty of Nature is really rich. Only as tar as the rich people have called in Nature to their aid, can they reach the height of magnificence, islands, This is the reason why, :the have their hanging-gardens, imitations of nature in order to strengthen their faulty personalities with these aids and adjuncts. Indeed, it is the magical lights of the horizon and the blue sky for the background which save all our works of art, which are otherwise baubles. The so-called rich are not really rich; the really rich are those whose minds and hearts are fired by some beauty of nature, whose imagination is thus stirred to create forms of beauty. This is how great works of art are nom, the artist is much richer spiritually and aesthetically then the man with his paltery baubles which his wealth purchases. The moral sensibility may not be always found but the material landscape is never far off. We can find the enchantments ofNature without visiting such distant places as the Come Lake and Maderia Islands. The beauty of Nature is always hand. In every landscape the most astonishing sight is the meeting of the sky and the earth, and this meeting point is visible to us from the smallest hill as well as from the most distant and thetallest mountain. The stars at night appear over the poorest and most ordinary field with all the spiritual magnificence which they shed on such famous open fields as the Campagan or on the deserts of Egypt. The difference between one landscape and another is very small, but the difference between one beholder”. Every landscape is wonderful and has its beauties but only he can appreciate this beauty who pays due heed to it and look at it imaginatively. “Nature cannot be surprised in undress. Beauty breaks in everywhere.” One must penetrate the outward shows to the beauty that lies undemeath.
The Need of Imaginative Understanding
One should not treate Nature casually or indifferently, but try to understand her ways imaginatively. A casual interest in Nature is barren and unworthy. A man who merely wants to make a display of his interest in Nature is no better than a dandy who wants to make a display of his fineclothes in the fashionable streets of a big city Frivolity is a most unsuitable tribute to Pan the god of the woods. Literature, poetry and science are the homage of man to the mysterious secret of Nature regarding which on sensible man should have an indifferent attitude,” Nature is loved by what is best in us. It is loves as the city of God”, a city in which on man lives but which all find beautiful. The sunset is unlike anything that is to be seen on the earth, but it wants man to appreciate her beauty. The beauty of Nature must always seem unreal and mocking until the landscape has human figures that are as good as itself. If there were good man in nature there would never be this rapture in Nature. Man is a fallen being, but presence or absence of the divine sentiment in man.
Nature, Nit Passive, But n Active Principle
If our life flowed with right energy even the brook would feel ashamed by comparison with the swiftness of our own energy. To the selfish people astronomy becomes astrology, psychology becomes mesmerism becomes mesmerism and physiokogy becomes palmistry. This selfishness comes in the way of a proper understanding of Nature. To such people nature seems passive, while in reality it is a most active source of pleasure and inspiration. Emerson does not agree with the medieval philosophers who called nature “Natura Naturata” or passive nature. Nature is in fact “Nature is in fact “Natura Natu ars’’ an active principle which gives life and movement to all objects and phenomena.
Nature, Not Passive, But an Active Principle
If our life flowed with the right energy even the brook would feel ashamed by comparison with the swiftness ofour own energy. People sometimes study Nature as selfishly as they study trade. To the selfish people astronomy
Nature: A System in Transition
“Nature is always consistent, though she feigns to violate her own laws.” She keeps her laws, and yet she seems to transcend them and violate them.” For example, she arms and equips an animal to find its place and living on earth and at the same she arms and equips another animal to destroy it. “Space exists to divide creatures,” but by giving wings to a bird she enables it to fly to any place and in this way to become omnipresent.
Nature al ways moves onwards, but in its forward march it makes full use of past forms as its raw material. Her forward movement is based on her past achievements, which are carried forward step. If we look at the working of Nature we find a system in transition. “plantsmay be regarded as the young of the world; they are vessels ofhealth and vigor. ``But they grope ever upward towards consciousness. The trees are imperfect min and seen to bemcan their imprisonment, “being rooted and fixed in the earth.’’
The animals may be regarded as apprentices leaming to rise to a more advanced order. The men though young, having tasted the first, i.e. the objects’ of nature are still uncorrupt even though they are much older. But there is no doubt when they come to consciousness they, too will curse and swear. Thus there is close similarity between man and nature, but there are differences also.
“Oneness of All’’ Unity in Diversity
Things are so strictly related that if we see carefully, we can notice the parts and properties of one object after having observed another object. If we had required powers of perception, we would realize by looking at a stone that it was as necessary for the existence of man as a city, for cities are made from stones. There is close identity between man and nature and between the different forms and phenomena of nature. The past and the present are really one, for the present has its roots in the distant past.
“Oneness of all is the basic law of nature ’’ We talk of deviations from natural. Life but we should understand that the so-called artificial is also natural. The mist polished courtier in a palace has an animal nature, and is rude and aboriginal as a white bear. This basic identity runs through all surprises and contrasts of the works of the works of nature and characterizes every one of hir lawa. “Man carries the world in his head, the whole astronomy and chemistry suspended in a thought.” the history of Nature is inscrideb in his brain and it is only because of this reason that he becomes the prophet and the discoverer ofNature’ s secrets. Every known fact in natural science is understood and verified only by those who are thus alive to the past of nature and the way in which she has worked and evolved to higher and higher forms of life,
Every act gas a bit of exaggeration in it. There is profusion in nature which is also a kind of exaggeration and which is to be seen everywhere.
The vegetable life is not content with casting with innumerable seeds so that, ifthousands perish, thousands of others may plant themselves, so that hundreds may replace the original parent” All things show the same calculated profusion. The excess of fear with which the animal frame is hedged round, shrinking from cold, feeling startled at the sight of a snake or at a sudden noise, protects us, through a multitude of groundless alarms, from some one real danger at last. The aim of Nature is to re-produce and carry forward its own progeny and everything in nature is designed to achieve this end. This is the sole aim of love and marriage.
The All-pervasive Law in nature
Thus there are deceptions in human life and such deceptions find their analogy in Nature. Appearances are everywhere deceptive. The is in the woods and the waters a certain allurement and flattery, but there is also a failure to yield satisfaction in the immediate present. This disappointment we feel in every landscape however beautiful. The poet finds himself no nearer to his dream of beauty even when he is in contact with the most beautiful objects of nature. The pine-tree, the river, the bank of flowers, before him do not seem to him to be Nature. True Nature is still elsewhere. Nature is perhaps in the neighboring fields, or, if we stand in the field, then it seems to be in the adjacent woods, when we sunset is ? It is the same in the company of men and women as it is among the scenes of Nature: always a hope, but never the beauty that can be grasped. Both in persons and in landscape beauty is equally is equally out of reach. The lover finds that the charms of his beloved leave her as soon as she accepts his proposal and agrees to marry him. She was heaven wilts he pursued her as a distant star, but as soon as she accepts him ceases to be heaven for him.
Mystery of Nature
All this is most disappointing; we feel that Nature is treacherous, that she befools us by her false appearances. But to the intelligent Nature holds out large promises, but her mystery is not to be hastily examined. He realizes that her secret remains untold. Mysterious are the ways of Nature. We cannot bandy words with Nature, or deal with her as we deal with her as we deal with persons. “if we measure our individual faces against her, we may easily feel as if we were the sport of an insuperable destiny. But if, instead of identifying ourselves with the work we feel that the soul of the Workman streams through us, we shall find the peace of the miming dwelling first in our hearts and the immeasurable powers of gravity and chemistry and, above all, of life, pre-existing within us in their highest form.” Nature is always on the move, moving on to higher and higher ends.
Checks and Balances
The uneasiness which the thought, that we are merely helpless links in the chain of cause and effect, causes to rise in us is the result of our lookingtoo much at one condition of Nature, namely motion. But the movement ofthe wheels of nature is constantly checked and retarded. Wherever the impulse to move exeeds. The opposite ofit i.. e. Rest or Identity comes in to hold the balance. Nature is organized round a carefully devised system of checks and balance. All over the wide fields of earth grows the plant which can heal our injuries. After every foolish day of hectic activity we sleep off the fumes and furies of such activity and thouh we are always engaged with the particulars and often enslaved to them, bring with us to everyactivity the innate universal laws of pause, rest or harmony. Motion and rest go together.
The Doctrine of Immortality Its Value
The knowledge that we traverse the whole scale of being from the centre to the poles of Nature and have some stake in every possibility, lends a sublime luster to death. This sublime iustre is expressed in philosophy and religion in the well – know doctrine of the immortality of the soul. We learn that he reality of human life is more excellent than what it is considered to be. Here is no ruin and discontinuity. The divine circulations never rest nor linger. There is a perpetual transformation and greater and greater approximation to the perfect. Nature is the incarnation of a thought and turns to a thought again as ice becomes water and gas. The world is mind precipitated and the volatile essence is forever escaping again into ghe state of free thought. This accounts for the intense influence on the mind ofnatural objects, whether inorganic or organized. Man imprisoned speaks to man impersonated. Every moment instructs and every object however minute, has some lesson for us, for wisdom is infused into every form. And the knowledge that we traverse the whole scale of being, from. The centre to the poles of nature and have some stake in every possibility, lends that sublime luster to death, which philosophy and religion have too outwardly and literally striven to express in the popular doctrine of the immortality of the soul.
Concise Statement of Emerson’s philosophy
The author opens this book with the current distinction between the Me and the Not Me, the Soul and Nature, thereby establishing the first of his provisional dualities. The Me is consciousness ( or the external world ) that with which the Me is in relation. But Nature or the Not Me also partakes of divinity in that outward circumstance is a dream and a shade its reality lies in its being a projection of God in the unconscious. A second duality is thus established between Nature and God and a third, between God and Man. Here is a triangle of Man, God, or Nature, but in the common relationship between any two of the factors; Man may learn to worship God through the consciousness, then as that which shares with his consciousness a vision of original and eternal beauty an awareness of a divine principle. The ability to view experience in this two fold manner is the essential feature of Emerson”s First philosophy. Emerso:s position, in so far as it apprehends the statement of his final position, in so far as it apprehends the statement of his final position, is monistic; his method invariably dualistic. He declares in the opening paragraph of this prose poem that he will use the word. Nature in two senses; the common sense in which it refers to essences unchanged by man and the ideal sense in which it is the pgenomenal expression of the soul. Emerson considers it
An understanding of the basic doctrines as enunciated in this early work is essential for an understandingof the present essay which is also called Nature, and though it appeared much later in the Essays, Series, 1844, is closely based on the earlional Nature of 1936. It has the rapture and intensity of a lyric. It gives an account of the unchanging laws of Nature which cannot be violated and changed of her wastefulness ofthe individual seed to achieve perpetuity of the species, of the sex- urge as Nature”s device for continuing the spcies, of the two polarities of identity and rest, and motion and change, which are constantly atwork in Nature, of her glory as well as of her mystery, and of the essential oneness of all – of Man, God and Nature. The essay, in short, is a complex work of art, and a number of themes and ideas stand out of it.
His Own Action
Emerson insisted more vigorously than enter before on the importance of action, A thinker, a scholar, must be a doer also. Practical men mock at speculative men asif speculative men are incapable of action. Action is essential for the scholar though action is to be subordinate to speculation. Without action, the scholar is not yet man. Without action, thought can never ripen, the scholar is not yet man. Without action, thought can never ripen into truth. Only action can complete thought. Reading should be creative. It must make him see into the heart of thing and understand the truth. He advises the scholar, a great soul will be strong to live, as well as strong to think Does he lack organ or medium to impart his truth? He can still fall back on this elemental force of living. This is a total act. Thinking is a partial act. He must learn the dignity and necessity of labor, only then would he be a whole man, a man thinking. He must be free from dependence on the books of other country, as well as from the slavery to all books, to the mind of the past. He must be culturally independent.
Duties of Scholar (a) A question of self-trust
Self-trust and self-realization must be acquired by the scholar. It is his most important duty. It is the most important. Duty. It is the scholar’s duty not to submit to popular opinion enen if respectable leaders of society support it. At the back of the single self-reliant man is the one soul which animates all men. Emerson’s doctrine of American cultural independence appealed greatly to his listeners. He succeeded in driving home the poinl that self-trus of the individual was most important, no matter what his nationality may be. Working with self-confidence he must chee, raise nd guide men by. Showing them the truth which is often hidden under appearances often false and deceptive. The scholar must free himself from such deception.
The difference be teen Emerson nature and wordsworthian Account of Nature : Retry to Nature and with other poet.
Worrywart is one of the fanon poet of roman tic literature And Emerson is a very much marinate by tetra but in a different way Emerson begins the essayed kith a glowing lyrical account of the beanies of knower which at every atop reminds we of word worth. According to Emerson man should follow the law of nature which is systematic in nature there is no chaotic in Nurture man is all alone, the no human company and or there is no diversion and distraction. Man is thru free to enjoy the marigoldbeasties of na true inall their grandeur and glory thus contem plated benign influence flow from nature in to the human soul, naturethus soothes, consoles and delights the sights and sounds of nature make us forget all the politics andpersonalities of our village or town and wefeel os if we have bodily pene trated the in credible beauty of nature.
Word worth from other poets is him belief that Nature is not merely a physical phenomeron, buta living entity to him Nature has not only life but feeling also words worth goes even beyond that Nature is endowed not only with lifeand feeling but also with will and purpose He ascribes to it all the at tributes of humanity life feeling think ing and willing He writes in lines written in Early spring:
And t is my faith that every flower enjoys the air if breathes Another poet ted Hughegs in his various poems like wind river he high lights the devastatingpower compare and contrst between the devastating power of nature
Compare and contrast between The treatment of Enron nature and other romantic poets nature
Emerson treatment mate we send in hen Essay newer Emerson rasi that na rhonld follow the ryntenatie rules of mature newt is the best mother. Guardian, omdnwre of man.
Shelley showed a pre ferrous for the delay showed a pre ferrous for the dynamic aspects of newt synch a west wind cod the cloudByron had a preference soar the huge and gigantic aspects of Nature such asmoundbird lakes and oceans Keats dwelt readily upon the tranquil and peaceful aspects of Nature such as the landscape in calm weather In Victorian Age Terminus showed an interne love of Nature.
The Basic difference between Emerson transcendental lime and Thoreau transcendentalism
Emerson Transcendentalism is only related to the Nature According to Emerson the Nature has systematic law and man should follow the systematic law of nature It has no chaotic. But Threads Transcendentalism is related to the government According to Thoreau memo should against the law which law is misusing unjust Try to established or idea logy which is acceptable to everybody.
In Easer son Essays thyAmerican scholar wefind that Emerson did not deport popular judgment duchy a dowry Emerson said that people should not support popular judgment rather them people should against the law which law is missing so here also we find Emerson Transcendentalism.
