Essay writing
Friday, September 4, 2020
Visa CMPP para mdicos cubanos y otros profesionales
Visa CMPP para mdicos cubanos y otros profesionales La visa CMPP se concedã a a mã ©dicos y otro individual sanitario cubano que trabajaban en una misiã ³n internacional fuera de Cuba. Este time uno de los programas migratorios de Estados Unidos que aplicaba sã ³lo a cubanos. Con fecha del 12 de enero de 2017, el gobierno de los Estados Unidos decidiã ³ poner blade an este programa al igual que a la polã tica de pies secos, pies mojados. CMPP eranâ las siglas en inglã ©s del Programa para Profesionales Mã ©dicos Cubanos. Esta visa, queâ a pesar de su nombre no eraâ realmente una visa sino un parole, tenã a reglas estrictas que habã a que conocer para evitar quedar en situaciã ³n problemtica, es decir, como un desertor para los cubanos y sin visa para los estadounidenses. à ¿Quià ©nes se podã anâ beneficiar de CMPP? Se debã anâ reunir todas las caracterã sticas siguientes: Ser ciudadano o nacional cubanoEstar trabajando o estudiando como profesional mã ©dico en un tercer paã s en una misiã ³n bajo la direcciã ³n del gobierno de Cuba.No estar afectado por ninguna de las circunstancias que convierten an una persona en inelegible o inamisible para ingresar an Estados Unidos. Es decir, no aplicaba a los mã ©dicos que estaban por ejemplo, como turistas en Venezuela o en otro paã s. à ¿Quià ©nes eranâ profesionales sanitarios para estos efectos? Entre otros, los siguientes: Mà ©dicosParamà ©dicosEnfermerosEntrenadores deportivosFisioterapistasTà ©cnicos de laboratorio à ¿Y quã © pasaba con los familiares? Bajo el programa de visas CMPP losâ familiaresâ de los mã ©dicos que la solicitabanâ podrã an tambiã ©n beneficiarse y viajar legalmente an Estados Unidos con determinadas condiciones. Para empezar, eranâ familiares an estos efectos el cã ³nyuge del individual mã ©dico que aplicaba y tambiã ©n sus hijos solteros menores de 21 aã ±os. Nadie ms. Si estos familiares estabanâ fuera de Cuba acompaã ±ando al profesional, se podã a considerar aprobarles un parole al mismo tiempo. Sin ban, si estabanâ en Cuba, habã a que esperar a que el beneficiado de una visa CMPP ingresara a los Estados Unidos y una vez aquã podrã a reclamarlos.â à ¿Quà © pasa con las personas que han solicitadoâ la visa CMPP pero todavã a no tienen respuesta? Ahora ya no se pueden solicitar ms, pero el individual que las solicitã ³ y est pendiente de su aprobaciã ³n podrn seguir con dicha tramitaciã ³n. à ¿Quà © pasa desde el punto de vista migratorio cuando se ingresa a USA? Una vez en Estados Unidos, al aã ±o y un dã a se podr solicitar la tarjetaâ de residente permanente. Mientras no se obtiene y se est en esa tramitaciã ³n, no salir de Estados Unidos sin un permiso que se conoce como advance parole. à Una vez que se obtiene la residencia, que tambiã ©n se conoce como green card yâ con el transcurrir de los aã ±os, se puede solicitar la ciudadanã a americanaâ mediante el trmite de la naturalizaciã ³n. El problema de la revlida del tã tulo de mã ©dico una vez que se llega an Estados Unidos Los mã ©dicos cubanos, al igual que tasks los que obtuvieron sus tã tulos universitarios en un paã s distinto a los Estados Unidos, deben examinarse para acreditar su titulaciã ³n y asã estar capacitados legalmente para trabajar como mã ©dicos. Y en la actualidad esto est resultando ser un problema por dos razones principales. La primera es el alto costo de los exmenes de la ECFMG y de USMLE, que child organizaciones privadas encargadas de gestionar los test. En la actualidad, es necesario aprobar 4 exmenes. Y, en segundo lugar, el altã simo conocimiento de inglã ©s que se requiere. Y es que feed que contestar a ms de 400 preguntas en un tiempo limitado, lo que complica la obtenciã ³n de la revlida a profesionales cuyo lengua materna no es el inglã ©s. El efecto head de estas trabajas es que a pesar de que en la actualidad existe en los Estados Unidos un dã ©ficit de aproximadamente 65,000 mã ©dicos y de que los profesionales cubanos llegan al paã s con documentos que les permiten trabajar, muchos de ellos acaban desempeã ±ndose profesionalmente no como mã ©dicos, sino como auxiliares, despuã ©s de obtener las debidas licencias. Los mã ©dicos cubanos reciã ©n llegados pueden contactar con Solidaridad sin fronteras (SSF) en Hialeah, Florida, ya que es una organizaciã ³n conocida por brindarles ayuda para navegar y entender estos problemas burocrticos. Puntos bsicos de CMPP Desde que se creã ³ el programa de CMPP en 2006, segã ºn datos oficiales del Servicio de Inmigraciã ³n y Ciudadanã a (USCIS, por sus siglas en inglã ©s), ms de 7,000 mã ©dicos y otros profesionales sanitarios cubanos han obtenido esta visa. De hecho, se han producido concerns desde 65 paã ses. Si bien la aproximadamente la mitad de las peticiones se han realizado en Caracas, ya que la misiã ³n sanitaria de cubana en Venezuela es de significant tamaã ±o. Otras embajadas activas en la emisiã ³n de estas visas child las de Colombia y las de Curacao, donde los solicitantes proceden de la vecina Venezuela. El nã ºmero de beneficiados ha aumentado recientemente, y asã en el à ºltimo aã ±o financial un all out de 1,663 profesionales obtuvieron la CMPP. De interã ©s para los profesionales mã ©dicos Los profesionales sanitarios que se desempeã ±an fuera de los Estados Unidos se preguntan frecuentemente cunto ganan sus colegas aquã . Este es elâ sueldoâ medio de enfermeras en Estados Unidos.à Inclusoà ganan ms los mã ©dicos, aunque roughage variaciones segã ºn especialidad. Este es un artã culo informativo. No es asesorã a lawful.
Sunday, August 23, 2020
Saturday, August 22, 2020
TyDaesha Fezzia Essays (1422 words) - , Term Papers
TyDaesha Fezzia Angela Jacobs English 1101 9/9/17 State champion With shaky knees, I hesitantly progressed up the gigantic white steps. With the rear of my hand, I brushed away two or three salty tears of easing. As I stayed at the most noteworthy purpose of the stage and rotated toward the sky into the stuffed arena, my mind skimmed back to all that I had encountered to achieve this moment, the day I transformed into a state champion. The start of the 2015 track season found me stressed over how I would perform. After an awful meeting with mononucleosis completed my first year initiates track season, the fear of disillusionment weighed energetically at the bleeding edge of my considerations. I set a goal for myself to keep up focus and to drive myself like nothing else would. My target for my sophomore track season was to wind up recognizably a state champion in the 100 meter . I locked in common at preparing and went the extra mile, for example, running every Sunday, to be as of late that extensively closer to accomplishing my target. The potential for success of having generally imperative on the stage in the point of convergence of the field, incorporated by a few spectators, vanquished my contemplations of whimpering each time we had a hard exercise. At the point when I shut my eyes, I imagined myself holding up in foreknowledge as various contenders names were gotten out, individually, until finally, the impa cting voice pronounced over the intensifier, ...and ahead of the pack position, your 2015 100 meter champion, from Georgia, TyDaesha Fezzia . It was dreams like these that drove me to work more diligently customary. As the season propelled, competition started getting fiercer. I was facing youngsters running at a 5A level, yet, I could persevere. Finally, there came an unobtrusive promising completion to the current game-plan; it showed up similarly as I was drawing nearer and closer to satisfying my target. Nearby my undefeated title came a massive objective painted on my back. I strictly checked Max Preps reliably to check whether the restriction was getting on me. It created the impression that each time I had improved, there was someone legitimately behind me, running their own best also. I arranged in the midst of the earlier weeks regionals like I had never arranged. Consistently my stomach ended up being increasingly reshaped with ties that hovered around all parts of my stomach. I don't think I had ever been that uneasy in all my years. Finally, regionals hit and the weight was on. I walked around regionals knowing the nonappearance of contention I would stand up to. Consistently this would impact me to defeat with charm, only this time, I realized it as of late suggested that I would need to work twice as hard. The principle time there to beat that day was mine. I expected to drive myself to get a period that was adequate to arrange me in a standout amongst other three spots at state. Consequently I would be set in a conventional warmth in the prelims at state. As I got into the pieces, I trained myself to see this race as if it were the last race at state and everything was remaining in a precarious situation. The weapon went off and I sprang from the squares. The whole course through the race I focused on my edge. Snap your path leg and don't swing your arms, kept experiencing my head. I finished first with a period that place me in my most adored way four at state. Directly, only a solitary week left until day of amends. As the days grew nearer, the butterflies in my stomach expanded. I comprehended that never again was I the big boss. Suddenly I was just a little fish in a significant lake. In the coming days I envisioned what state would look like. I would lie alert around night time mulling over what might turn out gravely. Conceivably I wouldn't have the ability to manage the weight and bogus start or significantly more horrendous, maybe I would fall. I endeavored to close out these untouchable thoughts and displaced them with dreams of progress. I would think about how incredible it
Friday, August 21, 2020
Gen. Henry Hap Arnold - World War II History
Gen. Henry Hap Arnold - World War II History Henry Harley Arnold (conceived at Gladwyne, PA on June 25, 1886) had a military vocation peppered with numerous triumphs and not many disappointments. He was the main official to hold the position of General of the Air Force. He kicked the bucket January 15,â 1950â and was covered at Arlington National Cemetery. Early Life The child of a specialist, Henry Harley Arnold was conceived at Gladwyne, PA on June 25, 1886. Going to Lower Merion High School, he graduated in 1903 and applied to West Point. Entering the institute, he demonstrated a prestigious prankster however just a person on foot understudy. Graduating in 1907, he positioned 66th out of a class of 111. In spite of the fact that he wanted to enter the rangers, his evaluations and disciplinary record forestalled this and he was relegated to the 29th Infantry as a subsequent lieutenant. Arnold at first fought this task at the end of the day yielded and joined his unit in the Philippines. Figuring out how to Fly While there, he become friends with Captain Arthur Cowan of the US Army Signal Corps. Working with Cowan, Arnold supported in making maps of Luzon. After two years, Cowan was requested to assume responsibility for the Signal Corps recently shaped Aeronautical Division. As a major aspect of this new task, Cowan was coordinated to select two lieutenants for pilot preparing. Reaching Arnold, Cowan scholarly of the youthful lieutenants enthusiasm for acquiring an exchange. After certain postponements, Arnold was moved to the Signal Corps in 1911 and started flight preparing at the Wright Brothers flying school in Dayton, OH. Taking his first performance trip on May 13, 1911, Arnold earned his pilot permit later that late spring. Sent to College Park, MD with his preparation accomplice, Lieutenant Thomas Millings, he set a few height precedents just as turned into the primary pilot to convey US Mail. Throughout the following year, Arnold started to build up a dread of flying in the wake of seeing and being a piece of a few accidents. Regardless of this, he won the lofty Mackay Trophy in 1912 for the most praiseworthy trip of the year. On November 5, Arnold endure a close deadly accident at Fort Riley, KS and expelled himself from flight status. Coming back to the Air Coming back to the infantry, he was again presented on the Philippines. While there he met first Lieutenant George C. Marshall and the two became deep rooted companions. In January 1916, Major Billy Mitchell offered Arnold an advancement to skipper on the off chance that he came back to avionics. Tolerating, he ventured out back to College Park for obligation as the gracefully official for the Aviation Section, US Signal Corps. That fall, helped by his companions in the flying network, Arnold conquered his dread of flying. Sent to Panama in mid 1917 to discover an area for a runway, he was on the way back to Washington when he learned of the US passage into World War I. World War I In spite of the fact that he wanted to go to France, Arnolds aeronautics experience prompted him being held in Washington at the Aviation Sections base camp. Elevated to the brief positions of major and colonel, Arnold managed the Information Division and campaigned for the entry of a huge aeronautics allotments bill. In spite of the fact that for the most part ineffective, he increased important understanding into arranging the governmental issues of Washington just as the turn of events and acquisition of airplane. In the mid year of 1918, Arnold was dispatched to France to brief General John J. Pershing on new aeronautics advancements. Interwar Years Following the war, Mitchell was moved to the enhanced US Army Air Service and was presented on Rockwell Field, CA. While there, he created associations with future subordinates, for example, Carl Spaatz and Ira Eaker. Subsequent to going to the Army Industrial College, he came back to Washington to the Office of the Chief of Air Service, Information Division, where he turned into an ardent supporter of the now-Brigadier General Billy Mitchell. At the point when the straightforward Mitchell was court-martialed in 1925, Arnold took a chance with his vocation by affirming in the interest of the air power advocate. For this and for releasing ace airpower data to the press, he was expertly ousted to Fort Riley in 1926 and provided order of the sixteenth Observation Squadron. While there, he become a close acquaintence with Major General James Fechet, the new leader of the US Army Air Corps. Interceding for Arnolds sake, Fechet had him sent to the Command and General Staff School. Graduating in 1929, his profession started to advance again and he held an assortment of peacetime orders. Subsequent to winning a second Mackay Trophy in 1934 for a trip to Alaska, Arnold was provided order of the Air Corps First Wing in March 1935 and elevated to brigadier general. That December, against his desires, Arnold came back to Washington and was made Assistant Chief of the Air Corps with obligation regarding acquirement and gracefully. In September 1938, his boss, Major General Oscar Westover, was murdered in an accident. Presently, Arnold was elevated to significant general and made Chief of the Air Corps. In this job, he started plans for growing the Air Corps to put it comparable to Army Ground Forces. He additionally started pushing an enormous, long haul innovative work plan with the objective improving the Air Corps gear. World War II With the developing danger from Nazi Germany and Japan, Arnold guided research endeavors to abuse existing advances and drove the improvement of airplane, for example, the Boeing B-17 and Consolidated B-24. Moreover, he started pushing for investigation into the advancement of fly motors. With the making of the US Army Air Forces in June 1941, Arnold was made Chief of the Army Air Forces and acting Deputy Chief of Staff for Air. Given a level of self-sufficiency, Arnold and his staff started arranging fully expecting the US section into World War II. Following the assault on Pearl Harbor, Arnold was elevated to lieutenant general and started ordering his war plans which required the barrier of the Western Hemisphere just as flying offensives against Germany and Japan. Under his aegis, the USAAF made various aviation based armed forces for organization in the different performance centers of battle. As the key bombarding effort initiated in Europe, Arnold kept on squeezing for the advancement of new airplane, for example, the B-29 Superfortress, and bolster gear. Starting in mid 1942, Arnold was named Commanding General, USAAF and made an individual from the Joint Chiefs of Staff and the Combined Chiefs of Staff. Notwithstanding upholding for and supporting vital bombarding, Arnold sponsored different activities, for example, the Doolittle Raid, the development of the Women Airforce Service Pilots (WASPs), just as discussed straightforwardly with his top administrators to discover their necessities firsthand. Elevated to general in March 1943, he before long had the first of a few wartime cardiovascular failures. Recouping, he went with President Franklin Roosevelt to the Tehran Conference soon thereafter. With his airplane beating the Germans in Europe, he started concentrating on making the B-29 operational. Ruling against utilizing it Europe, he chose to send it to the Pacific. Sorted out into the Twentieth Air Force, the B-29 power stayed under Arnolds individual order and flew first from bases in China and afterward the Marianas. Working with Major General Curtis LeMay, Arnold managed the crusade against the Japanese home islands. These assaults saw LeMay, with Arnolds endorsement, lead gigantic firebombing assaults on Japanese urban areas. The war at last reached a conclusion when Arnolds B-29s dropped the nuclear bombs on Hiroshima and Nagasaki. Later Life Following the war, Arnold set up Project RAND (Research and Development) which was entrusted with examining military issues. Venturing out to South America in January 1946, he had to sever the excursion due to declining wellbeing. As result, he resigned from dynamic assistance the next month and chose a farm in Sonoma, CA. Arnold spent his last years composing his journals and in 1949 had his last position changed to General of the Air Force. The main official to hold this position, he kicked the bucket on January 15, 1950 and was covered at Arlington National Cemetery. Chosen Sources HistoryNet: General Henry Hap ArnoldHenry H. Arnold
U.S. Vs. Japan In WWII Essays - Japan, Free Essays, Term Papers
U.S. Versus Japan In WWII Essays - Japan, Free Essays, Term Papers U.S. versus Japan in WWII On August 6, 1945 the nuclear bomb was dropped on the Japanese city of Hiroshima. The Enola Gay, guided by Colonel Tibbetts, was picked to make the mission. The crucial recorded as effective by Capt. William S. Parson at 9:20 A.M. This was a very dubious military procedure in the United States. Was the United States supported in the dropping of the nuclear bomb? Indeed, they were supported formany reasons. The essential explanation was, that it would stop the war. Can any anyone explain why this war required to be halted so severely? Despite the fact that somehow or another it was helping our economy, it was expensive in both cash and lives. Likewise, the United States warriors were experiencing unforgiving treatment by the unmerciful Japanese. Another explanation the war should have been halted was to guard ourselves from another assault on U.S. soil, which thusly would slaughter numerous of our U.S. residents. This is the reason the war should have been halted; therefore, legitimizing the utilization of the nuclear bomb. World War II was the costliest war ever, in terms of lives lost. No careful figures exist, yet around somewhere in the range of 15 and 20 million military work force were executed. Of these, 292,000 were Americans and 6,000 honest United States residents were killed by our adversaries. It has been evaluated that if the United States had not dropped the bomb and had attacked Japan rather, the US would have lost around a million warriors. The Japanese self-destructive battling methodologies enormously affected this number. The Japanese would prefer to kick the bucket than give up. This is exhibited by the skirmish of Saipan. At this fight over half of the number of inhabitants in Saipan strolled off a bluff of giving up to the United States. This was frequently very viable. Commonly when a Japanese fighter chose to explode himself as opposed to giving up he would slaughter numerous Americans with a similar impact. Additionally the kamikaze methods of the Japanese contenders slaughtered numerous fighters. In the event that this war would have proceeded with we could have lost thousands more. Likewise as yet we burned through 300 billion dollars on war endeavors. Numerous materials and different articles were harmed. Any gauge on how much cash was lost in harms would be worthless. This number would have kept on rising on the off chance that it had not been for the utilization of the nuclear bomb. The loathsome outrages that happened during World War II were unmerciful just as pointless. During one intrusion of China, the assault of Nanking, the Japanese executed 100,000 Chinese regular people. They were scorched, butchered, and assaulted. Here and there the Japanese would tie a major gathering of them together and use them for pike and blade practice. After the fall of Bataan the officers had to go on a passing walk. During this walk numerous incomprehensible things happened to the officers. A warrior was regularly murdered for attempting to get a beverage of water. On the off chance that a warrior tumbled down the Japanese would either pike them or thump them oblivious. When they were thumped oblivious, the Japanese at that point constrained another American warrior to cover the oblivious fighter alive. One fighter once remarked, The most noticeably awful time was once when an internment casualty with around six creeps of earth over him abruptly recovered cognizance and torn out until he was practically sitting upstanding. At that point I figured out how to what length a man will go to cling to his life. The blades started to goad me in the side and I was compelled to slam the trooper over the head with the scoop and at that point get done with covering him.(Kappler, Pg. 168) This unforgiving treatment to honest regular folks and our officers expected to stop. The nuclear bomb was an approach to stop it. On December 7, 1941, A day that will live in disgrace, Pearl Harbor was intentionally assaulted by the Japanese. Reports show that 2400 individuals were murdered and 1300 were injured. Japan besieged Pearl Harbor because since that was the place the entirety of our Navy ships were situated. They were wanting to take out the Navy and were practically fruitful. The plane carrying warships were relied upon to be in the harbor, yet fortunately were most certainly not. In spite of the fact that the assault may have been a military achievement
Saturday, July 11, 2020
Critical Essay Topics That You Can Research
Critical Essay Topics That You Can ResearchCritical Essay topics include topic choices for the analytical essay, which may include an occurrence at Owl Creek Bridge. There are several key essay topics that may be utilized in order to prepare for this type of essay. It is important to take the time to learn and prepare for the essay so that you can successfully complete it successfully.The occurrence at Owl Creek Bridge critical essay topic is one that can be used for several different topics for a variety of essay formats. This includes types of essays, such as the multiple-choice format, the multiple-choice type of essay, the summary or partial-entry format, the comprehensive essay, and the essay known as the dissertation format. If you want to learn about the various types of essays, you can read the different formats in order to get an idea of what type of essay you need to prepare for, as well as learn about the different topics that you can prepare for in order to be successful with this critical essay topic.When preparing for the critical essay topics, it is important to consider the difference between critical essay topics and standard essay topics. A critical essay is generally considered a different level of essay than being a standard essay, and therefore the critical essay topics must be different than standard essay topics. However, it should be noted that standard essay topics are not written in the critical essay format, but in the conventional format.Typical critical essay topics include those that will give you an insight into an area that you would like to discuss in your academic writing. These topics might also include those that will delve into different facets of a particular area that you would like to write about. These topics can help you become familiar with the different areas that you would like to learn about, so that you are more familiar with the information you will need to know.The next type of essay critical essay topics may inc lude those that will serve as assignments for students. The assignment is a critical topic because it involves some type of research and input from the student. Therefore, if you want to be successful with your assignment, you will want to provide the student with valuable input that they can use in their own academic research.The essay that serves as an objective essay is another topic that may be considered a critical essay topic. The objective essay generally focuses on presenting information in a persuasive way. The goal is to present the information in a way that will convince the reader to agree with what you have to say.If you are researching information in order to present it in a persuasive way, you will want to be sure that you do not make any mistakes while researching the information. If you make a mistake, you will lose points off of your paper, which will result in the topic being disqualified. In order to be successful with this type of essay, you will want to pay att ention to the information that you use, as well as your writing style.Finally, you will want to be sure that you are prepared for the critical essay topics that you encounter in the future. You can research topics for this essay on the Internet, through books, or through a variety of other resources that are available to you. The key is to be ready when these essays come up, so that you are prepared to be successful with it.
Wednesday, June 24, 2020
Speluncean Case Decision And The Relevance Of Legal Theory - 2750 Words
The Speluncean Explorer Case Decision And The Relevance Of Legal Theory (Essay Sample) Content: THE SPELUNCEAN EXPLORER CASEBy (students name)The Name of the Class (Course)Professor (Tutor)The Name of the School (University)The City and State where it is locatedThe DateFacts of the Case Four cave explorers who belonged to the Speluncean Society had embarked on a cave trip together with the deceased Mr. Roger Whetmore. The Speluncean Society was an organization whose members were cave explorers. Roger Whetmore was also a member of the society and on May of 4299, they made their way through the interior of a cave in the Central Plateau. The mission of the of the five-member team had been to explore the limestone cavern in the Plateau. While inside the cave, a landslide materialized and boulders from the landslide trapped the entrance of the cave thus blocking the only exit from the cave rendering the group of five men prisoners in the cave. When the five men failed to show up, their families notified the Society's Secretary, who coordinated a search rescue team. From the trails, indications presented that the cave explorers had left traces of which was followed by the rescue group. While at the scene of the incidence, the rescue team noted the overwhelming problem that they faced to rescue the men. Noting this problem the team assembled a huge number of geologists, workmen, engineers, and other experts and the men went straight to work. However, the process of unblocking the entrance of the cave was on most occasions frustrated by the new forms of landslides. The process was so distressful that in the process at least ten men working on the entrance died from the landslides. The funds which the Society relied on to support the rescue mission were also depleted and this comprised both the amount raised by popular subscription and legislative grant. Due to the rescue process taking considerable time, the rescue team feared that the explorers might die from starvation. What was known was that the group only had minimal provision and that p lant and animal life in the cave was doubted. Lucky enough, Whetmore and the group had carried a communication radio and were able to communicate with the rescue team. They inquired as to how long the rescue would take and be informed that by ten days they would be out of the cave. They then inquired from the physicians if they would survive the ten days of the rescue mission. They narrated their condition, and the chairperson of the physician committee replied that the possibility of such survival was extremely minimal. Eight hours after the response the communication between the two groups was distorted and after restoration, the men in the cave requested for the chairperson of the physicians. Whetmore, who was speaking on behalf of the group and himself, inquired whether they would be able to survive if they ate one of them. The answer was in the affirmative. Whetmore again inquired from the physicians on their advice in casting lots to determine who amongst them their flesh the y would consume. The physicians refrained from replying, and Whetmore inquired whether any judge was present within the rescue team to retort to the question but amongst the group none was willing. He went further and asked for either a priest or minister of the government could answer the question but took up that role. The team went ahead with Whetmore encouraging the casting of lots to determine who amongst them they would kill and consume to survive. The radio communication went off, and the men in the cave cast the lots, and Whetmore was the victim. They, therefore, killed and ate him. From the inquiry, it was noted that on the twenty-third since their initial entry into the cave, Whetmore was killed and eaten by the other members of the group. It was noted that before the lots were cast, Whetmore withdrew from the process and insisted that they wait for at least a week as he reflected before they could do the same. The other members protested breach of faith and continued w ith the casting of the lots. Whetmore was distraught, and when his turn to cast arrived, a member volunteered, and the group inquired from Whetmore if in case he had objections against the member casting the lot on his behalf but he informed them that he had no such objections. The cast went to him, and the members killed and ate him. After the rescue, they were prosecuted for murder and according to the laws of Newgarth, the defendants were found guilty were meant to face the mandatory death sentence. The sentence was granted according to section 12-A of the Newgarth statute.The Decision and the Relevance of Legal TheoryNatural law and moral Integrity of the law According to natural law theory, the law derives its validity from the considerations of moral merits and these are inherent humanity. Therefore, the law and morality represent the fundamental tenets and accordingly the conduct of human is regulated by what is moral and what is not is thus not according to the law. In th e Speluncean case, the judgment of the lower court had been predicated on positive law interpretation. The judge interpreted the case as stipulated by the statute and not according to what was moral or not. The natural law legal theory is explicitly brought out by the decision of Justice Foster in the Supreme Court. Foster notes that the law applicable in Newgarth was inapplicable to the defendants while they were trapped in the cave. He pointed out that the law of nature guided posited law by Newgarth and thus derive their validity from the same. Foster notes that the posited law governed human relations or are enacted to regulate human relations. However, where the circumstance emanates that the human relationship seems impossible, then the underlying reasoning for the law also ceases. Thus, accordingly the enacted law does not apply, and the only applicable law is that which appropriate to the circumstance. The defendants were therefore in a similar situation and accordingly th e enacted law should not be applied. The defendants were separated from the jurisdiction of the State by the rock and thus the social contract which mandates the State to provide peace, order and assistance were inapplicable. Therefore, the only applicable law is the natural law which considers the morality of the case. Positive is inherently territorial according to his judgment while natural law is not Justice Foster again argued that the purposive approach to the law should be highly encouraged. The interpretation of the positive law should be conducted reasonably by the evidence in place and not just as the law states. He propounds the rationale behind self-defense in criminal law. The exceptions in self-defense are only provided for the purpose of that defense and not as expressly declared by the statute. The same rationale, when applied in the Speluncean case, notes that the defendants never presented any element of bad faith when they killed Roger Whetmore but were merely d efending their bodies while giving assistance to their bodies. In essence killing the deceased was an act of self-defense. He thus, set the ruling of the Trial Court and provided the purposive approach interpretation to the statute.Legal Positivism The theory of legal positivism is well curved out from the case through the decisions of both Justice Tatting and Justice Keen. Legal positivism emphasizes the application of the social norms as promulgated by the legislature or case law. Thus, the law should be applied as it is indicated in the statute. Justice Tatting reiterated the comments by Justice Foster that the law should be implemented purposively and the purpose for such an application in criminal law was deterrence. Another purposive use was for retribution and as such was imperative as he quoted from the case of Commonwealth v Scales where the outlet for retribution was held to be an object of the law. Chipped in the same case was the element of rehabilitation of the wrongd oer. Tatting J also echoed the doubt that would arise out of the purpose of the law evaluated to be multiple. The application of self-defense in the case could not be justified as well since the defendants had the time to deliberate over the matter for hours unlike instances of self-defense where the circumstances were unexpected. The only shred of credence provided by Tatting J is the call for purposive interpretation of the statute. He believed in judicial precedence but doubted the effect of the precedence of future cases. The doubts as to the purpose and the effect of judicial precedence provided Tatting with conflicting doubts, and he, therefore, rescued himself from the case. Justice Keens ruling represents the hard school of legal positivism. His sense of argument explicitly expresses strong taste of textualism interpretation of the law rather than purposive approach. Keen J notes that the question of deciding whether what the defendants did was wrong or right is not a qu estion for the judge as the judge is guided by the posited law and not the morality of the action. This argument represents the contention by HLA Hart of the issue of separation of the posited law from morality. The separation of the two is in fact, according to Justice Keen, the basis of legislative supremacy. The Parliament makes the law while the courts interpret them and not make laws too. Accordingly, if the law were separated from morality, the interpretation of section 12-A of the Newgarth statute would be easier to apply. The requirement entailed willful killing of which the defendants willfully killed Whetmore, and if such requirement was meant then the law was clear, they had to serve the capital sentence. The harshness of such a decision is up to the legislature to address the loopholes in its laws and not the judiciary and accordingly the court should not usurp such power of the parliament. Therefore, according to Ju...
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