Do the right thing by Spike Lee Essay Example for Free

Do the right thing by Spike Lee Essay I dearly love the film and maintain that its one of the great pictures from the last 10 years. I dont know what the director of this movie (Spike Lee) intended the moral to be, but my take on the film has always been that NO ONE does the right thing, and this is the cautionary element of the movie. The racial message about racial injustice is very deep and one that every race should see. The climax of the movie is very powerful and deep. The heat is blazing, tensions are running high (especially racial ones), and under this kind of pressure no one behaves according to common courtesy and decency. The entire film is a chain of uncontrolled outbursts of anger that lead to everyones misery. The belief that race accounts for differences in human character or ability could be wrong, so is the belief that a particular race is superior to others. Anyone can have a belief like that black, white, whatever. I am not about to buy into this rhetoric that any race shoulders 100% of the blame for racism in America today. Indeed, but racism is a belief, not an action. Sociologists clearly delineate between prejudices and acts of discrimination. One can be racist (prejudice) and not act on it (discriminate). By the same token, one can discriminate against others and not hold racist beliefs (prejudice). There is simply no way, short of telepathy, to determine if anyone is truly racist. One can easily assume that Adolf Hitler was a racist based on his writings and horrific actions, but there is absolutely no way to know for sure that Hitler *truly* hated Jews or simply used the hatred of Jews as a convenient means to attain power. Anyway, those in a position of power have more opportunities to act discriminatorily than those without, but I see no evidence to suggest that The Powers That Be are more *likely* to engage in such behaviors. As such, a discriminatory action by a powerless person can be more effective than the lack of such an action by someone in power. Riots are NEVER true result of racism, but rather the violent, destructive impulses of citizens with no faith in the justice system to take matters into their own hands. They are simply an opportunity for a misguided youth, unsupervised or uninstructed on issued of morality, to appease their violent appetites by destroying the livelihood of someone who is not exactly like  them. In every major example of the last 40 years in US, the violent rioters were not good citizens who felt pushed to the breaking point by some act of injustice, but degenerates whose prejudices against anyone with more money than they found an excuse in the politicized racial arguments to act out what they never truly cared to know was wrong (Heath Petraitis, 1987). The only result of a race riot is hatred, looting, and murder. It is not the answer to anything, and should never be treated as such. It is an insult to the millions of black citizens who seek to live their lives as normal, peaceful, law-abiding citizens of the United States to associate them with the few degenerate thieves and murderers who commit race riots (Singer Singer, 1986). Thats why Do the Right Thing has always touched its viewers. The ending turns a decent, fine comedy-drama into a vessel for class and race related hatred. I do believe in violence as a last measure to protect ones self, or their personal freedoms, or in the case of a moral war. Just look at my signature closing line. I do not in any way believe that the situation in Do the Right Thing presents a need for violence. It is merely a bunch of tempered people retaliating against the brutality of the police by burning an innocent mans pizza shop down, apparently only because he was a white business owner. That is sad. I think, really, this films central theme if there really is one is the path black men in America today face as inspired by their most prominent leaders. Radio Rahiem is easily the wisest in the entire film as hes aware of the dichotomy and thus tries to balance his existence under both directions fight the power constantly playing takes on an entire new meaning here as the film doesnt really know what the power is that PE wants us to fight. Rahiem knows though, its the self. Pretty amazing imagery. But on the other hand, he rarely speaks but instead relies on his radio to speak for him. Likewise, he doesnt understand his own rhetoric on the nature of love and hate. That made him as racist as any other character in the film, with the possible but unlikely exception of smiley, and brings his own death on himself. I wondered what would be the cops reactions if racial positions had been  reversed (ie a black mans pizzeria, a white man accidentally killed after basically making a complete, hostile mess of himself, then resisting arrest etc) Would a white cops strangle a white man to death? Thats where racial issues arise. I was upset at the death of radio Rahiem, but just couldnt escape the fact that he had brought it on himself. No one deserves to die like that. But if he had avoided escalating a completely unnecessary confrontation by assaulting Sal, he wouldnt have died. He was responsible for his own death, just as Sal was responsible for the destruction of the pizzeria (very nearly his own death) when he destroyed Rahiems radio. Radio Raheem was pissed off, his whole existence was that radio. Sure he physically assaulted him, but he didnt say anything like, Ill kill you. Maybe if Radio said in an earlier scene Man Im gonna kill that irk bastard etc. Id be more apt to agree that Radio Rahiem intent was to kill Sal. Technically Sal brought the destruction of the pizzeria on himself too, by (through the chain of events) not putting up pictures of brothers on the walls; but it is his pizzeria and he was within his rights to do so. He yelled racist epithets which is a direct act of aggression and smashed someones property to pieces. Instead of destroying someones property, he should have called the police to escort Buggin out and Radio Rahim. Radio Rahiem was NOT within his rights when he entered the store and refused to turn his radio down. Of course Sal and Radio Rahiem are both racists, everyone in the film is. No one did the right thing in the end, but the unfortunate fact is that, in the final encounter with Radio Rahiem, Sal was just a little more right than Radio Rahiem. Imagine Radio Rahiem and Sal were both black (or white.) Imagine the ultimate reasons behind the clash were not racially based. Radio Rahiem is the aggressor, and because of this, ultimately audience sympathy would lie with Sal. Radio Raheem and Buggin Out were trying to bully an innocent business owner. It was Sals restaurant, if they did not like his regulations than they could leave, but he was entirely within his rights to demand for them to either leave or turn off the music. He certainly gave fair warning, and he never ever tried to physically harm anyone until Radios attack. While it is  unfortunate Radio died, he simply was not worth the destruction that was carried out in his name. I also find it mystifying that Mookie, supposedly the levelheaded character in the movie, was so superficial that he blamed Sal for Radios death. I cannot reconcile myself with the notion that Mookie throwing the trash can through the pizzeria window was even remotely doing the right thing. I sympathize a lot with Sal, but I also sympathize with Mookie. Sal also cared a lot about the black in Bastury, and was genuinely hurt when some of them turned against him. I will vehemently argue that Sals character is not racist; he drops an n-word at the end, but the man is watching his lifes work being torched by arson at the hands of a group of African-Americans; his outburst is understandable and forgivable. Vito, Lees Sister, and the baby are as decent as people could be. Da Mayor is a good man who has made mistakes but is trying to change so at this point hes a good man trying to be a better man. He does drink too many beers with little money, though. One thing that always confused me about this film (although its one of my favorites) is why Mother Sister painfully screams noooo, when only a few minutes beforehand, she was right with the crowd yelling burn it! burn it! it seems like a bit of a flaw to me, but I could be wrong. My guess is the Burn it down Burn it down is with respect to the pizzeria. The noooo is with respect to radio Rahiems death. Lets assume that the film is about the cyclical nature of violence. Does Spike Lee( the director) think that all violence is bad or only certain violence is? After reading Martin Luther Kings quote I thought it was all violence; after reading Malcolm Xs quote I got the message that some violence is ok. I know that Blacks have been prejudiced against for a long time, but I dont see how violence ever solved their problem. It seems to me that Martin Luther Kings non-violence approach ultimately did much more to further equality than Malcolm Xs approach of violence-sometimes-needed approac h. The cops didnt necessarily care for Sal or anyone there. They didnt kill Rahiem because they wanted revenge. They did a right think by choking Rahiem, but they should have weakened him enough to handcuff him and then have thrown him in the police car. I doubt either Clubbing or strangling  will ever equate to, to use your words, holding him in place until he calmed down. I doubt those are the only options law enforcement officers have. They shouldnt have killed him. It was an extreme use of force pure and simple. The key being that if as you say they were trying to prevent Sal from being chocked by a criminal than why didnt they release their choke hold on Radio Rahiem after he had let go of Sal? They kept choking him long after he was a threat to anyone and it was obvious he himself was being choked to death. Why did they not throw him to the ground at that time and handcuff him? They didnt even try. In the film, Da Mayor says you gotta Do The Right Thing. Rahiem does not because he wont respect Sals wishes to turn off or turn down the radio (Also didnt respect Sals decision to represent only his culture in the pizzeria). Bugging Out is just a racist who knows nothing and wants to pretend to have a calling so he rides in on Radios coattails. Rahiem did the wrong thing and Sal did nothing wrong until he uttered the N-word. I dont think Sal meant it in that way. He was angry so he exploited a characteristic of Radios boom box. The people were angry at Sal for saying the n-word but they didnt go against Sal. They got confused and yelled. Then the police came in and everything went up in flames. Obviously, a spark leads to a fire. The spark: The police killing Rahiem. The Fire: The mob. It was understandable for there to be a riot and it was understandable that they got angry at white men in general because they are black people and they live in an ugly area. But just because its understandable, doesnt mean its right. The name of the movie is Do The Right Thing. And to be honest, even though thats very straight and very literal, towards the end it becomes ironic. The moment that they could do the right thing, they did the worst thing of them all. And that riot could have been right but it went wrong. Their anger went in the wrong direction. Things just happen. Sals pizzeria going down in flames is symbolic of the fact that people just destroy each other. And in the end, the face of the oppressor (The white man) is thrown on every white body and someone with the face of the oppressor is oppressed. Well, theres a line (Not from this movie) that goes You become the monster so the monster will not break you. You become what you terrify you. And in  this case, the oppressed (The black community) gets so fed up (Throughout the entire movie, there is talk of there recently being a police brutality situation involving black civilians being killed) with being oppressed that they become what they hate and they oppress someone else: Someone whos been more of a family member to them then most of their families has a different face than they do. He has the face of the monster, and they dont like past skin deep and treat him the way they should treat the people who do oppress them. And its painful and we dont know what to think. Im the least racist person in the world and Im also the person who is more annoyed than anyone with jokes being allowed to be made about white people and not about black people. I dont like going to the park and having some guy say, White boy, dont want none of this. It irritates me because I want plenty. Sometimes it gets so hard to hear all the unfairness and listen to a persons lack of understanding for another. This film is just a day. Its the hottest day of the summer. You can do nothing, you can do something, or you can Do The Right Thing. You can. So do it.

Coleridges Rime of the Ancient Mariner Essay -- Coleridge Rime Ancien

Coleridge's Rime of the Ancient Mariner In Coleridge’s Rime of the Ancient Mariner the reader finds an enduring tale. Although the poem is nearly 200 years old it remains a popular piece by way of the novel juxtapositions and contradictions that are so eloquently described that the reader is both drawn in by the logic of the descriptions as well as fascinated by the complete unreality depicted in the poem. It is highly unlikely anyone could claim an understanding of the events told by the Ancient Mariner—the reader today, as well as in Coleridge’s time is akin to the man in the wedding party, listening to the Mariner’s tale with a mix of horror, astonishment and disbelief. However, also like this man we are compelled to continue reading (in his case listening) to the story and are left changed by it. Today’s reader is more profoundly affected by the intricacies of Coleridge’s ideas than the man confronted by an eerie old man in the poem. This reader found the juxtaposition of l iving versus non-living things particularly gruesome and compelling for it is the backbone of this and any horror(ific) story. The poem begins by putting into conversation the Ancient Mariner, one already near death and the young wedding guest. The mariner is at points in the poem feared to be one already among the dead or spirit world as he tells his tale of a most surreal and fatal sea passage, whereas Coleridge chooses a wedding, an event where two lives are just beginning as one, and picks a young man who is described as listening to the story â€Å"like a three-years’ child.† (Line 19) A three year old being one who has just begun his life. By setting this scene with these two characters, Coleridge has already contrasted elements of t... ...ot and come back to life to perform their functions, then die again and rise up once more The Rime of the Ancient Mariner is swollen with imagery of life, lifelessness, and death but not with any traditional descriptions. Coleridge is able to change the nature of death and life to fit his needs and the needs of his story. At the conclusion of the poem we the reader and the wedding guest are left â€Å"sadder and a wiser man† (Line 624) with lesson of what can happen if you are not good to your fellow creatures. While this moral holds true to the cause of the curse through the death of the Albatross it seems a strange ending to a much more morbid story. The blurring and crossing over of concrete concept is the real gift the reader is left to ponder. This talent for manipulation adds to the attraction of the poem and to the lengthened popularity of Coleridge’s works.

Cyber Crime Law

On March of 1994, Internet connection was brought to the Philippines. Only few people were familiar with the world wide web and was use only for basic communication such as email. Years have past and for the past 18 years almost all Filipinos are familiar with the internet. Using it not only for communication but also for video streaming, research, news, gaming and etch. It is now part of the lifestyle of 30% of the population of Filipinos. Our country even made it to top 20 nation using the internet, along with China, United States of America and United Kingdom.The internet has been very useful and its occurrence is seen as one of the most wonderful invention of all time. But as it widens, it's usage also became more useful to some opportunist, thefts and other criminals. Cyber bullying, identity theft, cyber harassment, violation of rights and many more offenses is now happening because of the availability of the internet. Now The Cyber Crime Prevention Act of 2012 or simply known as Cyber Crime Law had been pushed to legalization.However, the Cyber Crime Prevention Act gathered many criticisms and issues. Pouring comments about the topic were seen in many social media networks in the Philippines on the day of the act's effectivity. Some were in favor but many protests. Internet users also known as netizens criticizes the law. Cyber crime law was a good idea although some of the content is a redundancy such a the Child Pornography which was already implemented since the year 1975 and the revise in year 2009 in addition with the use of computer while committing the crime.Another issue that broke was when online libel was added. The said part of the law will be able to criminalize social media comments and post, blogs or news article uploaded on the web whenever you found it offensive. The penalty for the said crime was doubled from the original libel laws and this is scary for many politician might use this to silent their critics. What about our freedom of sp eech?On the Philippine Constitution of 1987 Article III Section 4 states that â€Å"No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances. † It is clear that that in our constitution, freedom of speech is part of our democracy. It is just right that our Supreme Court releases a temporary restraining order against the cyber crime law. It needs revision and a whole new study regarding every atter of its content. Cyber Crime Law is not bad, it's just not so precise nor accurate. The law apparently has great intentions of preventing violations of human rights within the cyber world. However, preservation of human rights with this system violates a very important rights which is freedom of speech. World Wide Web might be another world, but it is still part of our reality. Law is needed to protect the users, but a more definite and justifiable kin d of law.

The Loose Serial Killers And Our Society - 4083 Words

On The Loose: Serial Killers and Our Society â€Å"Randie, I’m going to put you in time out if you don’t do your homework!† As children, most of us are accustomed to hearing this kind of negative reinforcement from our parents; it is how we are disciplined. Although Bruno Bettelheim asserts in â€Å"Art, Social Action the Preparation of Democratic Citizens† that punishment is an ineffective method of discipline, it is nonetheless the most common (53). The chapter states: â€Å"Punishment teaches a child that those who have power can force others to do their will† 51. Because the parent has used verbal or physical punishment to force the child into doing their will, it is understandable that a child would internalize this idea and use it himself to control the actions of others. Though the desire to use punishment to achieve one’s desire is a natural tendency, serial killers use it justify their murdering, often believing that their victims d eserved to be killed; each killer has their own reason for punishing their victims. Such is the case with John Doe in Se7en, Michael Myers in Halloween, Hannibal Lecter in Silence of the Lambs, and Aileen Wuomos in Monster. Though all four serial killers ultimately kill their victims to punish them, they also have their own psychological issues that prompt them to kill: John Doe is an existentialist who believes in total reification, Michael Myers is a nihilist, Hannibal Lecter is a narcissist, and Aileen Wuomos is a solipsist. Each killer’sShow MoreRelatedEssay about Case Analysis of Richard Ramirez1572 Words   |  7 PagesIntroduction This paper presents a case analysis of Richard Ramirez, the serial killer of the 1980s better known as â€Å"The Night Stalker†. Using the qualitative method and content analysis, the findings reveal that the law enforcement procedures were minimal because of the technology available during that time and the prosecution was sufficient because of the criminal justice system. Literature Review For instance, Vetter (1990) studied the association of the intensity of the violence within theRead MoreA Monster Can Be Hard To Define. Describing A Monster Can1332 Words   |  6 Pagesmonsters are big and scaly. Many stereotypical Japanese monsters are large reptiles such as Godzilla. Over time, the things that scare people change. Understandably, a good film will play on the fears of society. Ergo, the monsters and villains in popular film and literature reflect the fears of society. One popular story called the Strange Case of Dr. Jekyll and Mr. Hyde reflect these ideas. In the story (originally written in 1886), the respectable Dr. Jekyll takes pills to become the savage Mr. HydeRead MoreWhat My Favorite Movie Is The Best Is A Mystery Thriller Directed By David Fincher1257 Words   |  6 Pagesyoung run and gun detective. These two men are eventually given the task of trying to catch a serial killer loose in the streets of New York City, played by Kevin Spacey. Spacey uses t he seven deadly sins as an outline to find and torture his victims. Although seemingly clichà © at first, with the old cop meets rookie cop beginning storyline, what sets this film from other noir detective films is the way the killer picks its victims. Spacey stalks and kills his victims according to what he believes areRead MoreSerial Killers : A Good Thing For A Mother Essay1767 Words   |  8 Pagesand creating a greater chance of sexual problems in their future. Many serial killers reported a higher than average sex drive Even though abuse is extremely prevalent in one way shape or form, not all individuals who grow up to become serial killers were abused, Jeffery Dahmer for examples, supposedly was never abused and is claimed to have had a pretty â€Å"normal† childhood and upbringing. So although a lot of serial killers have many of the same experiences as children and young adults, it provesRead MoreSerial Killers Essay2668 Words   |  11 PagesSerial Murder The mind behind the crime! Thesis statement: Serial Murderers are not just murderers but also victims of the rotten hand they were dealt. Abstract I. Definition History A. The Most Infamous Killer B. Myth Theory 1. WereWolves 2. Vampires III. Causes A. Serial Killer Characteristics B. Theories VI. Case Studies A. Charles Manson 1. Bibliographical Info 2. Childhood Trauma B. John Wayne Gacy 1. Bibliographical Info Read MorePsychoanalyzing Victor Frankenstein Essay example1619 Words   |  7 Pagesmother again and never lose her, but either way, somewhere in the creature’s creation; Victor was trapped in solitude and was unable to communicate his situation with anyone. â€Å"Victor finds himself farther and farther removed from the boundaries of society as he falls deeper and deeper into his passionate consumption.† (Bangerter 3). Victor lost his ability to communicate with his family and his fascination with the monster brought them closer throughout the book. Victor never learned until the endRead More Serial Killers in the U.S. Essays4042 Words   |  17 PagesBefore we can discuss what serial killers do, we must first define what a serial killer is. Some people might place serial killers into the same group as mass murderers. This would be incorrect because they are two totally different types of killers. While both of these individuals may kill many people, the difference lies in the reason they kill and the period over which they kill their victims. An event or a build up of circumstance triggers mass murderers and causes them to act. This mayRead MoreWhat Makes An Individual A Murderer?1112 Words   |  5 Pageshistory, researchers around the world wondered about the topic of serial murderers, primarily because they couldn’t understand why an individual would be willing to take not only one life, but multiple. Many sociologists and criminologists devoted their professional lives to find answers to this question: what makes an individual a murderer? Here this paper would discuss about Jeffery Dahmer’s case. Jaeffery Dahmer was a serial killer who also ate the victim’s body, he was arrested and he was sentencedRead MoreThe Use Of Immunotherapy Treatments Making Breakthroughs1350 Words   |  6 PagesImmunotherapy Treatments Making Breakthroughs According to the American Cancer Society, there have been an estimated 595,690 cancer related deaths in the United States 2016. Researchers are continuously trying to combat this issue by developing new therapies to treat cancer. Immunotherapy is a type of therapy that has been around for decades, but has recently been making medical breakthroughs, helping cancer patients reach remission for years. Immunotherapy is a generalized term that describes aRead MoreEssay on The Connectio Between Animal Cruelty And Human Violence1543 Words   |  7 Pageskicking and beating them, poisoning and butchering these poor creatures, and what makes me sick to my stomach, is that some of these people do it for fun!! I recently ran across a link to a web page that contained a online petition to put a cat’s killers to justice with maximum sentence. This is the article I found on this brutal torture of an innocent creature. ***WARNING*** (graphic details) â€Å"On October 10, 1999, a beautiful female cat came willingly to the four boys who stopped on the side

Celebrate Marriage With These Love Quotes

You dont need a marriage to legitimize your relationship. Marriages are sacred vows and hence should be undertaken only when two people in love are willing to enter into a lifetime commitment. Without love, there cannot be a happy marriage. After years of commitment and togetherness, boredom can set in. Only love can help bind the couple and keep them happy forever. Here are some marriage love quotes to help rekindle the passion of love in marriage. Love Quotes for Rekindling Your Marriage Georg C. LichtenbergLove is blind, but marriage restores its sight. Groucho MarxSome people claim that marriage interferes with romance. Theres no doubt about it. Anytime you have a romance, your wife is bound to interfere. Harriet MartineauAny one must see at a glance that if men and women marry those whom they do not love, they must love those whom they do not marry. Mark TwainLove seems the swiftest, but it is the slowest of all growths. No man or woman really knows what perfect love is until they have been married a quarter of a century. Tom MullenHappy marriages begin when we marry the ones we love, and they blossom when we love the ones we marry. David BissonetteI recently read that love is entirely a matter of chemistry. That must be why my wife treats me like toxic waste. Benjamin FranklinWhere there is marriage without love, there will be love without marriage. James GrahamLove is blind and marriage is the institution for the blind. George Bernard ShawIt is most unwise for people in love to marry. Pauline ThomasonLove is blind -- marriage is the eye-opener. Tom MullenHappy marriages begin when we marry the ones we love, and they blossom when we love the ones we marry. Ellen KeyLove is moral even without legal marriage, but marriage is immoral without love. Will DurantThe love we have in our youth is superficial compared to the love that an old man has for his old wife. Pearl S. BuckA good marriage is one, which allows for change and growth in the individuals and in the way they express their love. Nathaniel HawthorneWhat a happy and holy fashion it is that those who love one another should rest on the same pillow. Michel de MontaigneIf there is such a thing as a good marriage, it is because it resembles friendship rather than love. MoliereLove is often the fruit of marriage. Mignon McLaughlinAfter the chills and fever of love, how nice is the 98.6Â º of marriage! Langdon MitchellMarriage is three parts love and seven parts forgiveness of sins. Mignon McLaughlinLove requires a willingness to die; marriage, a willingness to live.

Feeling Gods Grace - 550 Words

The earthly world is full of distractions and complications; however, the key is to avoid becoming too wrapped up. People are temporary and will eventually die off. Material possessions break and produce false joy. On the other, God is everlasting and will always be there. After living a life full of sin, Augustine was able to confess his experiences to the world: â€Å"I also fell in love, which was a snare of my own choosing. My God, my God of mercy, how good you were to me, for you mixed much bitterness in that cup of pleasure! My love was returned and finally shackled me in the bonds of its consummation. In the midst of joy I was caught up in the coils of trouble, for I was lashed with the cruel, fiery rods of jealousy and suspension, fear, anger, and quarrels† (Augustine 55). Augustine not only did this to show the world how much he changed, but to pour his soul out to God. Augustine had not always had that solid relationship with God, he had to learn to trust the Lord and depend on him. Augustine had not always been a saint, he too had skeletons in the closet just like any other human being. It took a substantial amount of time for Augustine to fully devote his life to God, and live his life according to his word. He struggled with placing God first in his life due to his indulgence within the physical world. He fell in love with material things, which resulted in him becoming attached to them. He discovered great pleasure in â€Å"the sins of the flesh,† with an unknownShow MoreRelatedTheo 104 Reflection Paper1067 Words   |  5 Pagesto talk to people about God’s Grace and through his son Jesus there is no Condemnation. Theological Definition God’s grace is a word frequently used to refer to â€Å"gift from God†. In many circles, it is theological defined as God’s unmerited favor (Hughes, 1998, Ryrie, 1963). Within this context, it refers to the divine favor that provides important lessons on how to live. Biblical Foundation Whereas unmerited favor from God is the true definition of God’s grace, because there is nothingRead MorePersonal Philosophy : An Organization Level Leader1734 Words   |  7 Pagesyears; I consider this aspect of humanity a continual process to be constantly honed and studied by walking in a personal relationship with God. I believe morality is rooted in God’s character. Therefore, because God created mankind in his own image and likeness, God gave humanity the unique ability to have intelligence, feelings, and the ability to reason and make decisions. Human morality must strive to emulate the character and attributes of God identified throughout the Bible. God calls humanityRead MoreGrace And Repentance : Grace982 Words   |  4 PagesGrace and Repentance Grace, the Greek word â€Å"charis†, means: â€Å"that which affords joy, pleasure, and delight, sweetness, charm, loveliness† according to The New American Standard New Testament Greek Lexicon. There are multitudes of theological dissertations on Grace. It is interpreted as God’s unmerited favour to us through Jesus Christ, in the theological sense. Grace, â€Å"God’s unmerited favour,† is a door, but it is also the foundation of our faith. God’s grace is what we are to walk in, so it isRead MoreReflection Paper1453 Words   |  6 Pageschosen will be Grace and secondly I will be focusing on Love. Grace Theological definition of â€Å"grace† as many scholar s of the bible will define this word as the unmerited favor of God toward man. Grace can also be defined as like forgiveness, repentance, regeneration and salvation to mean something as broad as describing the whole of God’s activity towards man or as narrow as describing one segment of activity (Baker’s Evangelical Bible Dictionary). Often times many would attribute grace toward s howRead MoreAge of Reformation985 Words   |  4 Pagesas mentioned earlier branched from doing the complete opposite of what he was educated, from Okham. To him the Catholic Church was corrupt, and needed an intervention. Luther, never feeling true self-gratification by just fasting, praying and repentance, wanted to find partisanship with God. Then concluded that God’s love is a gift to be acknowledged, not a reward. The methods of John Calvin were controversial. He firmly believed in Predestination, which is God has a divine plan already mappedRead More Divine Grace and Justice in Dantes Inferno Essay1523 Words   |  7 PagesDivine Justice and Grace in Inferno The purpose of the pilgrims journey through hell is to show, first hand, the divine justice of God and how Christian morality dictates how, and to what degree, sinners are punished. Also, the journey shows the significance of Gods grace and how it affects not only the living, but the deceased as well. During his trip through hell, the character of Dante witnesses the true perfection of Gods justice in that every sinner is punished in the same nature as theirRead MoreThe Bible Of The United Kingdom Of God1619 Words   |  7 Pages It is noteworthy to interpret this text in the context of the chapter preceding Matthew 20 in order to fully understand God’s wish for treating the poor justly. Jesus urges the man to follow the commandments and to sell all of his possessions to the poor if he wants to enter the kingdom of God (Matthew 19:21 NIV). In doing so, Jesus is again promoting God’s will to love others and help those less fortunate. He insists that it is harder for th e rich to enter the kingdom since it is the rich thatRead MoreOrganizing Wesleyans Postion of Inquiries and my Panorama Theology1167 Words   |  5 Pagesvery much on the contrary it has fortified even more. It is interesting about the Wesleyan’s position of theology among the other queries.. Wesleyan’s position of the inquiries of theology, nature or essence of God, sin, Jesus Christ, Salvation and Grace. In this paper, I will try to organize Wesleyan’s position of inquiries and my panorama theology. Wesleyan position Theology Wesleyan believes that people who are created new in Christ are referred to as to be holy in character and conduct, and mightRead MoreGrace And Peace At The Name Of Our Lord Jesus Christ Essay747 Words   |  3 PagesGrace and peace to you in the name of our lord Jesus Christ. We are entering into the season of Lent starting our Lenten journey on Ash Wednesday the Feb.10th. Lent is a very special season for me. The spiritual discipline of the season of Lent gives me reassurance and confidence to remind myself that Jesus died for my sins on the cross and I am saved by grace alone (Sola Gratia). I would like share with you a prayer called, Examen of Consciousness developed by St. Ignatius of Loyola (1491-1556)Read MoreThe Salvation of God is the Cure1094 Words   |  5 Pageshuman response in faith, love, and a certain gallantry to the challenges of the world – discrimination, death, poverty, disease, handicaps. It is the unexpected response, unexplained save through the inspiration of the Spirit of God, the work of God’s grace.†(Bullock, James R. Whatever Became of Salvation? Atlanta: John Knox Press, 1979. Print.) I really like this short statement, it explains how salvation is a way to deal with the evil of the world, by simply recognizing that God is truly the only

Oil and Gas Industry Legal Aspects

Question: Examine and evaluate the key areas and features that goverments should focus on during their negotiation process and in the drafting of contracts with the international oil companies? Answer: Introduction Nations that are huge quantities of natural resources intend to use such resources so as to maintain their economic stability and to gather funds that would be used for various developmental processes. In order to do so, the governments of such countries engage into legal contracts with those oil companies that operate in the international oil market and perform various activities associated with the exploration, drilling and processing of such natural resources with the aim of selling the processed resources in the market. The technical, economical and commercial aspects of such oil exploration processes are considered with great importance by both the parties: the government of the countries that are home to such resources and the organizations that are interested in the extraction or drilling procedures. However, both the parties need to put efforts in this sector as the process of agreeing on a contract for the exploration of the natural resources of any country is indeed a chall enging task: the first challenge being the process of negotiation in itself. In most of the developing countries, including Mexico, Bolivia and Kazakhstan, the natural resources like that of oil and natural gas are considered to be the national assets, instead of being the property of any individual or private organization or entity. The legal right over the surface land is not considered when the government of these nations claim their right over the natural resources that lay beneath the ground: the constitutions of these countries are enshrined by laws that validate this process. The nations that have large reserves of oil, natural gas or any other resources make a consistent effort in providing such benefits to the oil companies that they participate in the process of exploitation of these resources, using their expertise and technical or financial resources, in order to market the resources properly. Definition of Contract: Acontract can be defined as a deliberate and voluntary agreement between two or more parties, which is bound by the law. In general, contracts are well documented by the competent parties that take part in the agreement, but might also be implied in some other form or be developed as verbal agreement. The fundamental elements of any valid contract arelegality, capacity, consideration,andmutual assent. A contract is said to have a legal existence if and only if the following factualelements are present: An offer that is being made by one party to another. The evidence of the acceptance of the offer. A promise regardingthe performance of any job A mentionable consideration A time span within which the promised performance will be made Various terms and conditions that are applicable to the process of fulfilling the above mentioned promises. Setting the Parameters: In spite of the large number of stakeholders associate with the process of exploiting the natural resources of a nation and the intense interests of these stakeholders, the government of these countries tend to not pay the proper attention that such negotiation processes demand . However, since the amount of resources that are in stake in such types of legal contracts, the governments of these nations delegate the task of managing the complex issues involved in the process of such negotiation processes to the experts of these domains: as for example, experienced and esteemed lawyers are appointed to look after the legal aspects of these contracts, engineers and engineering firms are appointed to look after the technical aspects of the contracts being drafted (Langford, 2014). Successful oil contracts are generally found to emerge out from the processes that involve direct negotiations. However, it is found in general that various complex issues are involved the process of negotiating an oil extraction contract, as such negotiations are more often than not flourished by indecision: the indecisions being associated with the lack of knowledge of the location of probable oil field, the lack of any estimation of the amount of oil that could be drilled out of the oil wells and / or the lack of capability of the parties taking part in the contract to make predictions about the future of the market. However lawyers who have the expertise of negotiating such contracts are well aware of the fact that each and every other negotiation process includes certain weak points, the situation under which the negotiation id being conducted or the terms and conditions of the contract being irrelevant: the proper and efficient utilization of the weak moment being the key to cr eating a win-win situation for any organization. The various issues that are generally taken into consideration during the process of negotiating an oil contract include the probable costs associated with the operational activities of oil drilling, the fluctuations of the market, the probable size of the oil fields and the estimated quantity of oil and natural gases that could be drilled from the oil wells and so on and so forth. The experience of domain experts, along with judgmental power are essentially required so as find out the priority and importance of each of these factors, such that a balanced contract can be prepared: however it should also be considered that no such contract is identical to another, as the importance and the priority of the above mentioned factors keep on changing from time to time and from place to place. Issues that arise in the process of negotiation The different issues that are associated with the negotiation process can be classified as: The factors are not considered suing the negotiation process, like that ofenvironmental and social issuesand The conflict zone . In the following section, various other significant factors have been discussed: Time Factor Time- responsive factors are considered to be crucial for the process of negotiating oil contracts: such factors include - The price of crude oil in the international market Socio-political and economic condition of the country and The inter-dependencyof the above mentioned factors Oil contracts should be drafted such that the contracts are able to incorporate the various changes that these factors go through from time to time (Babusiaux, 2004). Indigenous Communities The various indigenous communities who are socially and economically affected by the oil contracts drafted in between the governments of the nations and the oil companies, demand for compensations: the interests of these groups should be considered by the government during the negotiation process (Bantekas, 2009) Transparency The indigenous communities of the nation are able to accept the legal contracts between the government and the oil companies only when the various terms, conditions and prices that are quoted in the contracts are disclosed to the public: thus the a minimum level of transparency should be maintained during the process of negotiating an oil contract (Bhattacharyya, 2009). Conflict of Interest As the government of the nation is considered as one of the parties involved in the oil contract, chances are there that a conflict of interest might be noticed on the part of the government during the negotiation process, as on one hand the government tries to maximize the profit of the nation, while on the other hand the government has to consider the interests of the various indigenous communities of the country (Bindemann, 2000). Expert Negotiators The process of extraction of oil and/ or natural gases involves various economical, legal, technological and environmental aspects (Cardella, n.d.). The government must employ experienced domain experts to look after these aspects of the oil contracts, as the international oil employ such experts so as to conduct the negotiation process (Crump, n.d.). Types of Oil Contract The various types of oil contracts that might occur in-between the government and the oil companies have been discussed in this section: License Agreements Through the process of License Agreements or Concession Agreements, the oil companies earn the exclusive rights of developing infrastructure, exploring oil fields, extract the oil, and sell the oil in the international market, for a stipulated period of time. The company pays a license fee to the government, which the government retains notwithstanding production. Ehen the production starts, the company pays income taxes and royalty to the government. Thus such contracts put the government in the advantageous position (Ghandi and Lin, 2014). Production Sharing Agreement (or PSA') Such types of agreements ensure that the various risks and liabilities that are associated with the production of oil are borne by the company: they must also compensate the government in form of payment of capital investments and the expenses associated with the operations (Jennings, 2002). After the deduction of the above mentioned amount from the profit, the remaining amount is equally divided among the government and the companies. The company pays for various taxes from its own share of profit (Mahmud and Russell, 2002). Joint Venture Agreement In such agreements, the profit gathered by the process of exploration of oil and natural gases is shared by both the parties that are involved in the contract: the government and the oil company that is involved in the operational activities of drilling of oil. The government also has to take the burden of risks that are associated with the process of oil extraction. However, the government is relieved of the task of taking decisions regarding the operations of the oil fields as this part of the operational activity is considered as the responsibility of the oil companies (Marshall, 2003). Thus it can be said that such types of agreements mandate the participation of the government in the process of oil extraction. Service Agreements The government and the oil companies an also participate in a contract that would facilitate the process of disbursement. However, such service agreements are generally not common in the field of oil and natural gas exploration (Martin, 2009). Terms of Contract The following terms are generally incorporated in any oil contract: Plan of Work When companies realize that a particular plan might not be profitable for them, they tend to delay or shelve the projects. A possible safeguard that the government can introduce against such strategies implemented by the oil companies is that they can clearly state those circumstances only under which the companies will be allowed to shelve or delay the (Mosburg, 1983). Stabilization Clause The oil contracts should be drafted in such a way that the stabilization clauses are not included in the contracts, as such clauses restrict the implementation of the legislative clauses of a nation in the operational activities of the oil companies (Oil and gas exploration and production: reserves, costs, contracts, 2005). Parties The oil contracts should also be drafted in such a way that the government in itself does not become a party in the oil exploration contracts: this strategy is taken so as to not bear any direct and/ or unlimited liability of the contract. On the other hand, the government can participate in the contract by the process of making the government enterprise a direct party involved in the contract (OIL AND GAS: New Contracts, 2008). Government Mission in the process of negotiation The government should consider the development of the country as the sole interest and mission during the process of negotiating any oil contract with international oil corporations. The government should also try to include such clauses in the contracts that would ensure that the resources of the companies are utilized properly so as to develop the infrastructure of the country (Pongsiri, 2004). The following section provides some insight into those factors that the government should consider during the negotiation process: Employment Oil exploration projects require large number of manpower: the government should include such clauses in the oil contracts by which the oil corporations would employ the members of the indigenous community in their projects (Razavi, 1989). Sustainable Development Since oil and gas are non-renewable sources of energy, the government must look out for the fact that the oil companies are not given the permission to extract natural resources at such rates which might result in fast depletion of these resources. Corporate Social Responsibility (CSR) The government should ensure that the oil companies perform their CSR during the time when they operate in the host country (Thornton, 1912). Mechanism for Dispute Resolution The various mechanisms that are generally used for the process of dispute resolution must be unambiguously stated in the contract being drafted. The most common methods of dispute methods, as mentioned in oil contracts are: The parties that are involved in any oil contract that approach any court of law in case of disputes:however it should also be considered that most court proceedings are highly time consuming processes (Tade, 1989). International Commercial Arbitration laws can also be used so as to resolve disputes regarding those contracts that are signed between international oil companies and governments of various nations . Conclusion and Recommendation Very often, the governments of those countries, that have large reserves of natural resources like coal, oil and natural gas, face several problems during the process of negotiating the nature and the clauses of the contract that are to be made with these companies: as most of the organizations that are associated with the process of extraction of oil and natural gases operate in the international domain and specialize in this particular sector, they are much more experienced in such negotiating process that are used to determine the type of contract being made and the clauses that are being mentioned in the contracts. Such companies indulge in all necessary procedures that would lead to the reduction of costs on the part: they often tailor their negotiation strategies according to the political, economical and social conditions that prevail in the impugned country. During the negotiation process, very often than not, the oil companies express such behavioural traits that might be ea sily considered as cynical, inflexible and aggressive. Therefore, it becomes essential for the governments of these nations to well strategies the policies and procedures that would be used in the processing of negotiating such contracts. The three most commonly used strategies that nations rich in natural resources adapt so as to negotiate contracts with the oil corporations are: Forming indigenous state owned companies that would be responsible for the process of exploration of natural resources, processing of the crude resources and proper marketing of the products. Countries like Venezuela, Mexico, Saudi Arabia and Oman use such strategies to exploit their natural resources. Inviting international oil companies to participate in the process of exploiting the natural resources. Countries like United Kingdom, Canada and Russia employ such strategies to collect funds for their developmental procedures. Employing a combination of the above mentioned strategies, as done by companies like Indonesia, Nigeria and Kazakhstan. It is recommended that the governments of other nations should chose one of the above mentioned strategies, that would be suitable for the socio-economic and political culture of the nation, so as to engage in oil contracts with international oil companies. References 3 oil gas contracts for Aker Kvaerner. (2007). Pump Industry Analyst, 2007(8), p.3. Babusiaux, D. (2004). Oil and gas exploration and production. Paris: Editions Technip. Bantekas, I. (2009). Oil and Gas Production Contracts. The Journal of World Energy Law Business, 2(3), pp.263-264. Bhattacharyya, S. (2009). Oil and Gas Production Contracts, Volume 1. 1st ed.20094Edited by Anthony Jennings. Oil and Gas Production Contracts, Volume 1. 1st ed. . 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