Fools and folly are widely used in comedy to create humour To what extent does this apply to Twelfth Night Free Essays

In this essay I will be exploring Twelfth Night and focusing on the extent at which folly is used to create humour. The word folly means â€Å"a silly person† or â€Å"one who uses folly for the entertainment of others† etc. In William Shakespeare’s comedy, Feste -licensed fool- the clown is not the only fool who is subject to foolery; others include Sir Andrew Aguecheek (natural fool), Malvolio who is exposed to be the natural fool and Sir Toby who is deemed to be the Lord of Misrule. We will write a custom essay sample on Fools and folly are widely used in comedy to create humour To what extent does this apply to Twelfth Night? or any similar topic only for you Order Now Overall, fools and folly are widely used in Twelfth Night and form the basic plot. In Shakespeare’s Twelfth Night, Feste’s role in this Illyrian comedy is significant. Feste plays the role of a humble clown and is employed by Olivia’s father thus playing the role of the licensed fool of their household. Olivia states that Feste is â€Å"an allowed fool† meaning he is licensed to speak the truth of people around him in order to entertain others. This is also seen when Curio states to the duke that â€Å"Feste the jester†¦a fool that the Lady Olivia’s father took much pleasure in†. Even though Feste is employed to be foolish, when compared to the other characters he is deemed to be the wisest, wittiest and the most philosophical of all the characters. Viola echoes this by saying â€Å"This fellow’s wise enough to play the fool. † By having the role of a licensed fool, Festes main role is to speak to the truth. Comedy is achieved through the truthfulness of the character. The first true glimpses of folly in Twelfth Night are seen in Act 1 Scene 3. Sir Andrew serves as an excellent example of the idea of Satire which Shakespeare throughout the play uses to undermine the so called rich, upper class characters. Sir Toby encourages Sir Andrew to â€Å"accost† Maria, which translates as â€Å"chat her up† and Sir Andrew foolishly addresses Maria as â€Å"Good mistress accost†. Shakespeare interestingly uses satire but also comedy of manners to illustrate his feelings towards the rich and powerful. His intentions are clearly seen here for the rest of the play; he starts with a powerful character being made a fool of and also ends with Malvolio being made a fool of, not weaker characters like Maria (servant) feste (clown). In this area of the scene, the audience expects a prominent, smart character to emerge on stage due to the description given by Sir Toby: â€Å"Why, he has an income of three thousand ducats a year,† which again links to the idea of comedy of manners- ‘a plot revolving around greed’. Subsequently, Sir Andrew is a naive, un-intelligent person who creates comedy and folly by miss-understanding Sir Toby. Knights in Shakespeare’s time would easily be able to gain respect through women due to it being an attractive occupation. However, Sir Andrew is the complete opposite and this allows the audience to laugh at how a character can be so different from the usual stereotype. Sir Andrew being so naive and thinking that he can easily add Maria to his endless list of women creates dramatic irony, the audience know that Maria thinks very poorly of him yet on the other hand Sir Andrew being so un-intelligent still thinks he is a wonderful human being. Alternatively, this area of Act 1 could show that even though Sir Andrew is rather naive, he still achieves because of the fact that Sir Toby mentions his â€Å"three thousand ducats a year† and Sir Andrew himself states to Maria that he is not â€Å"such an ass† and that he can keep his â€Å"hand dry,† this promotes the fact that when we wants to be, Sir Andrew can be smart and keep his â€Å"hand dry† which results in the audience weighing up what’s to come in the future for Sir Andrew. Ultimately, Sir Andrew fails to â€Å"woo† Olivia resulting in Sebastian marrying Olivia. Overall, this links back to the idea of comedy of manners and satire as both Sir Toby and Sir Andrew have been socially undermined with it being Sir Toby’s idea to set Andrew with Olivia and Sir Andrew failing in this quest. Feste who is employed to be funny and possibly ‘foolish’ is quite the opposite when compared with Sir Andrew. Feste is a philosophical, smart and witty character. In relevance to the question, a fool (feste) is employed to make people laugh yet there is no doubting that he comes across as anything but a fool. Shakespeare uses this character to highlight and contrast the frailties in the other characters such as Sir Andrew for example by allowing the natural fool to be the â€Å"natural wit† which is a very clever tool, the audience aren’t laughing at Feste being employed as fool yet laughing at how he makes others look like a fool. In act 1 scene 5, we don’t laugh at Feste for being a so called â€Å"fool†, we laugh at the witty re-marks that he creates and how undermines the people above him. Feste when talking to Maria regarding Countess Olivia states that â€Å"Many a good hanging prevents a bad marriage†. This has two comical meanings. Firstly, Feste is saying to Maria that sometimes its better being killed than entering marriage but to increase the comedy the phrase could also mean that a â€Å"well hung†(sexual connotations) man can prevent a â€Å"bad marriage†. When compared to today, a modern day audience would still find that funny due to IY being true yet in Shakespearean comedy, the audience would have been very surprised for a ‘fool’ to come out with such a controversial phrase, thus increasing comedy. Shakespeare understands the need for ‘surprise’ because the audience are laughing more at the surprise element rather than the joke itself. By putting this comical line in the final scene of the act, the audience have now gained a further understanding for the character and worked out how intelligent, witty Feste is. This will increase the popularity towards the character as the audience may have forgotten what happened previous to this scene when in act 2 yet the comical line from Feste would have stayed in their heads. Personally, Shakespeare wanted this immensely and therefore in relation to the question, yes fools are used to create humour but not through being stupid but by being witty and controversial as audiences like to be surprised. I believe the â€Å"bad marriage† area of the quote highlights the philosophical values that Feste has; he is giving the audience his opinions on marriages which he has seen from a fool’s point of view. Shakespeare is also handing a lot of power to feste as he could be forecasting the future for the marriages of Sir Toby and Maria, Olivia and Sebastian etc. Finally, Shakespeare can be seen to use juxtaposition in order to allow the gag of Feste contrast with the ‘well behaved’ Maria, this makes the audience possibly dislike Maria, an opinion shared by Shakespeare due to the time that he lived in, with the disrespectfulness of women. By the end of Act 2 scene 5, we gain the basic underlying plot. In scene 3, foolishness is definitely used to create comedy; Shakespeare uses the main idea of dramatic irony to create comedy. Three characters (Sir Toby, Sir Andrew, Maria) construct a plan to help make Malvolio look a fool, Shakespeare uses three characters to make the plot seem more severe, linking to the idea of a minor form of black comedy. In this scene we learn that foolishness is enhanced by using more people to gang up on another. Sir Toby speaks that â€Å"He shall think, by the letters that thou wilt drop, that they come from my niece, and that she’s in love with him. † This quote firmly shows; He’ll think these letters are from Olivia and that she’s in love with him. Shakespeare uses a gang approach to this due to Malvolio being a so called ‘kill joy’, Sir Andrew and Maria show their opinions on the plan with phrases like â€Å"Sport royal† â€Å"I have ’t in my nose too. † Which again highlights the mood of the other characters, the audience will ultimately laugh in feeling guilt towards Malvolio. In today’ world, a gang culture shows power due to power in numbers but in Shakespeare times it could be sign of wealth and power to be able to create a group situation. The word â€Å"drop† signifies the height at which this will drop Malvolio and purposefully ‘drop’ his heart when he finds out he is made out to be a fool. Subsequently, Malvolio foolishness creates huge comedy due to him being imprisoned because of his actions towards Olivia. The idea of a gang creating a plan to make another human being look a fool allows Shakespeare to experiment how Malvolio could act. By the end of the play he is seen to be very spiteful and out for revenge. Comedy isn’t always seen through people being fools or made out to be fools. Comedy is also achieved through other ventures. In order to gain approval in the kingdom Viola dresses as a man and therefore can work close to Orsino and takes on the name Cesario. This creates comedy because the audience know that she is a women beneath the disguise yet the characters don’t (dramatic irony) therefore power is given to the audience and they enjoy this. We understand in Act 1 scene 2 that she is going to take up some disguise by saying â€Å"Conceal me what I am, and be my aid†. At this moment in time, Viola seems very determined and confident towards being a man and she has reason so due to marrying Orsino at the end of the play. Therefore comedy isn’t just seen through the eyes of folly and foolishness it’s also achieved elsewhere. Due to it being a live play, the audience would be able to see it’s a disguised woman, even though all actors were men, and thus again increasing comedy. Twelfth Night was once a day to mark the end of the Christmas festivities. It was the feast of fools and even now, the Christmas season is a time where we all seek entertainment in the form of amusement and folly. Therefore Twelfth Night is still relevant today. Even now we love to see people make fools of themselves and the characters we don’t like to be served with just retribution. In conclusion to my question, the answer is simply yes. Shakespeare doesn’t just have fools to laugh at (feste) which would seem the normal idea but he makes others look fools. This is through Malvolio being miss-lead, the naivety of Sir Andrew and possibly Orsino not having Olivia and having to make do with Viola. Interestingly, Shakespeare warms to the so called lower class characters like Feste, Maria by creating strong and confident characters that make the more upper class characters around them look fools. Comedy is also achieved in the play by the mistaken identity of Viola, the concept of black comedy and the comedy of manners. All key integral parts of how this play is seen comical. Overall, the main comedy comes from people acting foolish or looking foolish as well as the idea of comedy of errors. How to cite Fools and folly are widely used in comedy to create humour To what extent does this apply to Twelfth Night?, Papers

The Chrysalids Theme free essay sample

Theme in John Whyndham’s novel â€Å"The Chrysalids† can actually be inferred from the book’s title. â€Å"Without change, there would simply be no progress or improvement†, is the main theme of this novel. The scientific definition of chrysalids is an insect in the stage of development between a larva and an adult insect. Chrysalids can also mean a preparatory or transitional state. In â€Å"The Chrysalids†, three main stages of civilizations can be identified. They are the Fringes civilizaztion, the Waknuk civilization, and the Sealand civilization. The Fringes civilization and the Waknuk civilization are both in a stage of change. The Sealand civilization is the end result of the progress of change, a well technological civilization. The Fringes people have the poorest civilization in the novel. They live in tents and shelters and often have to steal for food. On the other hand, the Waknuk people are a bit well off. We will write a custom essay sample on The Chrysalids Theme or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page They have steady lives and farm for a living. However, the Fringes people have a totally different view from the Waknuk people. The Fringes people think life is change and the reason that God sent Tribulation is because of the little change that is happening. The Waknuk people resist change. They think that if they have kept everything perfect, or in another word have kept everything the same, God would not have sent Tribulation. This belief made the Waknuk people have no progress in civilization. No newer breeds of animals are allowed and no new crops should be planted. Anything different from the original species would be cast away and thrown to the Fringes. The Fringes people had wanted change but sadly were repressed from doing so by the concepts of the Waknuk people. Similarily, as a result both the Fringes civilization and the Waknuk civilization made no further progress in their current civilizations. Unlike these two civilizations, the Sealand civilization has already made an amazing progress since the Tribulation. Large cities were built, and transportation devices like cars and helicopters were available. Most importantly, people are accepted as who they are. People who have telepathic powers like David, Rosalind, and Petra were considered as highly gifted people. Life is change, according to one of the quotes that the Spider man said. â€Å"He sent along Tribulation to bust it up and remind’em that life is change. † Change is what brings about improvement of the living just like what the Sealand lady said. â€Å"The essential quality of life is living: the essential quality of living is change; change is evolution: and we are part of it. † The Chrysalids Theme free essay sample â€Å"The Chrysalids† can actually be inferred from the book’s title. â€Å"Without change, there would simply be no progress or improvement†, is the main theme of this novel. The scientific definition of chrysalids is an insect in the stage of development between a larva and an adult insect. Chrysalids can also mean a preparatory or transitional state. In â€Å"The Chrysalids†, three main stages of civilizations can be identified. They are the Fringes civilizaztion, the Waknuk civilization, and the Sealand civilization. The Fringes civilization and the Waknuk civilization are both in a stage of change. The Sealand civilization is the end result of the progress of change, a well technological civilization. The Fringes people have the poorest civilization in the novel. They live in tents and shelters and often have to steal for food. On the other hand, the Waknuk people are a bit well off. They have steady lives and farm for a living. We will write a custom essay sample on The Chrysalids Theme or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page However, the Fringes people have a totally different view from the Waknuk people. The Fringes people think life is change and the reason that God sent Tribulation is because of the little change that is happening. The Waknuk people resist change. They think that if they have kept everything perfect, or in another word have kept everything the same, God would not have sent Tribulation. This belief made the Waknuk people have no progress in civilization. No newer breeds of animals are allowed and no new crops should be planted. Anything different from the original species would be cast away and thrown to the Fringes. The Fringes people had wanted change but sadly were repressed from doing so by the concepts of the Waknuk people. Similarily, as a result both the Fringes civilization and the Waknuk civilization made no further progress in their current civilizations. Unlike these two civilizations, the Sealand civilization has already made an amazing progress since the Tribulation. Large cities were built, and transportation devices like cars and helicopters were available. Most importantly, people are accepted as who they are. People who have telepathic powers like David, Rosalind, and Petra were considered as highly gifted people. Life is change, according to one of the quotes that the Spider man said. â€Å"He sent along Tribulation to bust it up and remind’em that life is change. † Change is what brings about improvement of the living just like what the Sealand lady said. â€Å"The essential quality of life is living: the essential quality of living is change; change is evolution: and we are part of it. †

State of Emergency Legal and Political Implications in Nigeria Essay Example

State of Emergency: Legal and Political Implications in Nigeria Essay INTRODUCTION Emergency in ordinary parlance means a time of crisis, a moment of danger or suspense. A state of emergency therefore is a governmental declaration that recognises the existence of this peculiar situation and takes some necessary actions to restore the peace and governmental stability of the society. During this period, the maxim, salus populi suprema lex has a special force and to that effect, some normal functions of the executive, legislative and judicial powers may be suspended. Citizens are alerted to change their normal behaviours, or government agencies are ordered to implement emergency preparedness plans. It can also be used as a rationale for suspending rights and freedoms, even if guaranteed under the constitution. Such declarations usually come during a time of natural or man-made disaster, during periods of civil unrest, or following a declaration of war or situation of international or internal armed conflict. In Nigeria, the constitution provides for the declaration of a state of emergency by the President alone on the whole country or in a state, on request by the State Governor, in the following instances: a. when the Federation is at war; b. when the Federation is in imminent danger of invasion or involvement in a state of war; c. when there is actual breakdown of public order and public safety in the Federation or any part thereof to such extent as to require extraordinary measures to restore peace and security; d. here is a clear and present danger of an actual breakdown of public safety in the Federation or any part thereof requiring extraordinary measures to avert such danger; e. there is an occurrence or imminent danger, or the occurrence of any disaster or natural calamity, affecting the community or a section of the community in the Federation; f. there is any other public danger which clearly constitutes a threat to the existence of the Federation; or g. the President receives a request to do so in accordance with the provisions of subsection (4) of the section. We will write a custom essay sample on State of Emergency: Legal and Political Implications in Nigeria specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on State of Emergency: Legal and Political Implications in Nigeria specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on State of Emergency: Legal and Political Implications in Nigeria specifically for you FOR ONLY $16.38 $13.9/page Hire Writer In Nigeria, the President draws the authority to declare a state of emergency from his Emergency Powers which are inherent with his office and this empowers him to do whatever he deems necessary to restore peace and ensure the security of life and property for citizens of Nigeria and non-Nigerians alike residing in the areas affected by the crisis. This runs for a period of six (6) months but can be extended by the National Assembly alone with a two-thirds majority vote of approval. For instance, the situations where these emergency powers have been exercised include the violent ethno-religious crisis in Jos, Plateau state in 2004 which resulted in the total break-down of law and order. Also in Ekiti state in 2006 as a result of the impeachment of both the Governor and his deputy for gross misconduct by the Ekiti State House of Assembly. Recently, there have been calls by the Nigerian people to the President to declare a state of emergency due to the electoral violence that erupted in Bauchi and Kaduna states, but it was not declared. In the United States of America, the President in time of crisis uses his emergency powers which allow the Federal Emergency Management Agency (FEMA) to bypass normal administrative and jurisdictional rules. Declarations of emergency can also provide special federal aid such as during the Flood of 1993 along the Mississippi River or in New Orleans after Hurricane Katrina. President Abraham Lincoln used his emergency powers to suspend the writ of habeas corpus in Maryland during the American Civil War. In the United Kingdom, Section 1(1) of the Emergency Powers Act 1920 empowers the Monarch to declare a state of emergency. It states that: If at any time it appears to His Majesty that any action has been taken or is immediately threatened by any persons or body of persons of such a nature and on so extensive a scale as to be calculated, by interfering with the supply and distribution of food, water, fuel, or light, or with the means of locomotion, to deprive the community, or any substantial portion of the community, of the essentials of life, His Majesty may, by proclamation (hereinafter referred to as a proclamation of emergency), declare that a state of emergency exists. The Monarch, Privy Council or the Prime Minister can make Emergency Regulations under the Civil Contingencies Act 2004 if there is a serious threat to human welfare, the environment or in case of war or terrorism. These regulations last for seven days unless confirmed otherwise by the Parliament. A state of emergency was last invoked in 1974 by Prime Minister Edward Heath in response to increasing industrial action. In Victoria, Aust ralia, a state of emergency can be declared if there is a threat to employment, safety or public order. The effect of the state of emergency enables the Parliament to make desired regulations to secure public order and safety. Though fairly uncommon in democracies, dictatorial regimes often declare a state of emergency that is prolonged indefinitely for the life of the regime. In some situations, martial law is also declined allowing the military greater authority to act. In other cases, emergency is not declared and de facto measures taken or decree-law adopted by the government. Egypt has been governed under emergency law almost continuously since 1967 and without interruption since Hosni Mubarak became president in October 1981 after the assassination of president Anwar Sadat. The law has been repeatedly renewed since then. The law gives the executive – in practice the Ministry of Interior – extensive powers to suspend basic rights such as prohibiting demonstrations, censoring newspapers, monitoring personal communications, and detaining people indefinitely without charge. Egyptian defense attorneys and human rights groups say about 5,000 people currently remain in long-term detention without charge or trial. Some prisoners held under the emergency law have been in jail for more than a decade. Also in Syria, the state of emergency law that had been in force since 1963 was only recently repealed by President Bashar al-Assad in April 2011. In Argentina, the provision for declaring a state of emergency is repeatedly abused by dictatorship with long lasting states of siege giving the government a free hand to suppress opposition. LEGAL EFFECTS AND CONSEQUENCES OF A STATE OF EMERGENCY Under a state of emergency, there is the increased presence of personnel of the armed forces the police and even plain clothes security officials. They are authorized to invade the privacy of homes, emails and even telephone conversations of anybody suspected of anti-governmental activities. They can arrest and detain anyone without charge and for as long as they please. Public demonstrations, freedom of press are prohibited. Pursuant to this authorization, several human rights are infringed upon with impunity. They include: the right to life, personal liberty, freedom of movement, freedom of religion, freedom of expression and the press, right to fair hearing, and the right to peaceful assembly. Historically in Nigeria, a declaration of state of emergency has never been declared on the whole country in a democratic government but it has been declared in some states. In all instances, such declaration means the outright suspension of the Governor, is Deputy and the State House of Assembly or Parliament by the President as seen in Western Nigeria (1962), Plateau State (2004), and Ekiti State (2006). Based on this, opinions are divided among eminent jurists, legal icons and constitutional experts on the legality or otherwise of these actions taken during the six-month emergency period. The actions of the President have been argued to be backed by the provisions of Emergency Powers Act of 1961 deriving autho rity from Section 65 (2) of the 1960 Independence Constitution of Nigeria. Again, the judiciary is replete with arguments pertaining to whether this law is still in existence in Nigeria or otherwise. Therefore the legal effects and consequences in Nigeria revolve around these four main issues as follows: 1. The suspension, abuse and/or denial of the human rights of citizens. 2. The suspension of public officers such as the Governor, his Deputy and the State House of Assembly and the Appointment of an Administrator. 3. The Constitutionality of the Appointment of a Sole Administrator to rule the state 4. Arguments and legal suits challenging various aspects and actions of governance during the emergency rule. 1. The suspension, abuse and/or outright denial of the human rights of citizens. â€Å"Human† means â€Å"relating to human beings†, relating to members of the races of homo sapiens – men women, children. ‘Right’ refers to that which is just or correct, truth, fairness, justice, just or legal claim. ‘Human Rights’ therefore means the freedoms, immunities and benefits that according to modern values, all human beings should be able to claim as a matter of right in the society in which they live. The Black’s Law Dictionary defines human rights as the freedoms, immunities, and benefits that, according to modern values especially at an international level, all human beings should be able to claim as a matter of right in the society in which they live. They are regarded as fundamental or basic to the individuals who assert them. Thus civil liberties and human rights are primarily individual rights, claimed by the individual or group of individuals as part of and which relates to, the position of the individuals in an organised state (Foster, 2008). On December 10, 1948 the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights. Following this historic act the Assembly called upon all Member countries to publicize the text of the Declaration and to cause it to be disseminated, displayed, read and expounded principally in schools and other educational institutions, without distinction based on the political status of countries or territories. These rights have been so enshrined in the Nigerian Constitution in Chapter IV, CFRN 1999. They are as follows: a. Right to Life; b. Right to Dignity of Human Persons; c. Right to Personal Liberty; d. Right to Fair Hearing; e. Right to Private and Family Life; f. Right to Freedom of Thought, Conscience and Religion; g. Right to Freedom of Expression and the Press; h. Right to Peaceful Assembly and Association; i. Right to Freedom of Movement; j. Right to Freedom from Discrimination; k. Right to own Immovable Property. In most countries, the state of emergency and its effects on human rights and freedoms and governmental procedure are regulated by the constitution and/or a law that limits the powers that may be invoked. Rights and freedoms may be suspended during an emergency, for instance, freedom of movement, right to fair hearing, right to peaceful assembly and association as seen in the instances of Syria, France and India. In Nigeria, the Constitution recognises that some measures may need to be taken during a period when the corporate existence of the country may be threatened or may be in jeopardy. The essence of this is to protect the whole public or corporate existence of the nation. In such a situation, the interest of an individual must step down for the interest of the nation. In the famous case of F. R. A. Williams v. Dr. M. A. Majekodunmi, the facts of the case are: The plaintiff/applicant (Williams), was a legal practitioner and a prominent member of the Action Group and its Legal Adviser. Following a rift in the Action Group, the then Premier, Chief S. L. A. Akintola, was removed by the Government of Western Nigeria and Chief Dauda Adegbenro was installed as Premier instead. When the Western House of Assembly convened to pass a vote of confidence on Chief Adegbenros government, Chief Akintolas supporters in the House created an uproar which resulted in the dispersal of members by the police using tear gas. The Federal Parliament, because of the two personalities claiming to be Premier, in exercise of its powers under the Constitution of 1960, declared a State of Emergency in Western Nigeria and approved Regulation whereby the defendant (Majekodunmi) was appointed and empowered to administer the region as Administrator for the region. Inclusive of his powers was the right to serve orders restricting individuals movement to an area defined in the Restriction Order. In exercising of his powers, Majekodunmi caused a Restriction Order to be served on Williams and required that Williams shall be and remain within a distance of three miles from 193, Abeokuta Road, in the township of Abeokuta. It was dated the May 29 1962 and signed by Majekodunmi This assent points to the verity that the Restriction Order under The Emergency Powers (Restriction Orders) Regulation of 1962 was served to deny Williams his personal liberty, right to freedom of movement and fair hearing because he could not appear in court. In the No 1 case decided on June 1, 1962, presided and read by Sir Lionel Brett F. J. , the issue for determination was: Whether in this case, the defendants change of his decision in withdrawing plaintiffs right to appear for himself in court is based on the needs for public order. It was held that the defendant shall be and he hereby is restrained from giving effect or causing effect to be given to the restriction order dated the 29th May, 1962, and served on the plaintiff under the Emergency Powers Restriction Orders) Regulations, 1962, so far as the said order would restrict the plaintiff from leaving the prescribed area at or after 6. 00 a. m. n the 4th June, 1962, and travelling thence by the normal route to the Federal Supreme Court, Lagos, and there arguing the motion filed by him and set down for hearing on that day. And that after arguing the said motion the plaintiff shall return without delay by the normal route to the prescribe area unless the Court shall otherwise direct. And that if the defendant grants the plaintiff a permit under Regulation 2 of t he Emergency Powers (Restriction Order) Regulations, 1962, to enable him to attend this Court and argue the said motion this order shall be of no effect. Justices John Idowu Conrad Taylor and Sir Vahe Bairamuan concurred. In Canada, police powers are extended. A state of emergency in this country has resulted in the mass arrest of all the people in an area and they were detained for six hours without charging them. This is called a ‘precluding’ arrest especially when a suspect is required. The International Covenant on Civil and Political Rights (ICCPR) permits the state to derogate from certain rights in times of emergency. Any measures derogating from obligations under the covenant however, must only be to the extent required by the exigencies of the situation and must be announced by the state party to the Secretary-General of the United Nations. But there are some rights which are too fundamental to be suspended; they are referred to as non-derogable rights. They include the right to life, human dignity, prohibition of torture or cruel human punishment, prohibition on servitude or forced labour, right to religion, right to fair labour practices and the protection of children’s rights. These rights are not permitted to be denied by any government even in times of emergency. There have been arguments by political theorists’ that human rights monitoring activities under the Charter of the United Nations is invasive and a threat to National Sovereignty. 2. Suspension of public officers such as the Governor, his Deputy and the State House of Assembly In all instances of the declaration of state of emergency in Nigeria the foremost public officers of the state were suspended and an Administrator, mostly military, is appointed to take over affairs of the state. The first state of emergency in Nigeria was declared in 1962 and the then Minister of Health, Dr. M. A Majekodunmi was appointed to take over the helms of affairs in Western Region of Nigeria while also suspending the Western House of Assembly. In 2004, a state of emergency was declared on Plateau State by former President Olusegun Obasanjo due to the severe ethno-religious crises and thus the state Governor, Joshua Chibi Dariye, his Deputy and members of the State House of Assembly ceased to hold their respective offices for an initial period of six months. This suspension did not affect the local councils. Subsequently a military administrator, former Chief of Army Staff, Major-General Chris Alli (rtd) was appointed to take over the affairs of the state and see to the restoration of peace. Also in 2006, this declaration was made in Ekiti state by the then President of Nigeria following the unconstitutional impeachment of the Governor for corruption and the subsequent appointment of Former Speaker Friday Aderemi as Head of Government by the Ekiti State House of Assembly. The Governor, Mr. Fayose who denied reports that he had fled the country, said he was in hiding because he feared for his life but he was still Governor of Ekiti State. His deputy Biodun Olujimi, who was also impeached, also laid claim to the Office of Acting Governor. This situation prompted President Obasanjo to state on national television thus: We have come to a sad, ridiculous and unacceptable situation in Ekiti where we have three governors It is dangerous for our democracy to allow this flagrant violation. Thus a state of emergency was declared to prevent the situation from descending into chaos and Brigadier-General Adetunji I. I Olurin (rtd) was appointed. The suspension of the public officers of a state consequent on the declaration poses a major challenge to the constitutional government in Nigeria. The Attorney-General of the Federal Government had insisted that due process was followed in the exercise. He relied on the Provisions of the Emergency Act, 1961 which he desc ribed as within the ambit of Section 315 of the constitution. He also referred to the exercise of a similar power removing the Premier of the Western Region after the declaration of a state of emergency in that region under the Independence Constitution of 1960. The rationale for the suspension of the House of Assembly was articulated by the President himself in the following words: Having a state of house of assembly in a position under a state of emergency is incongruous and may not allow for the expeditious actions that the Administrator will need to put the state back into a situation of peace, harmony, security for all and maintenance of law and order throughout the state. Professor Ben Nwabueze (SAN), a leading authority on constitutional law in Nigeria, has argued with considerable force that the power given to the President under Section 305 of the Constitution is limited to mere declaration of a state of emergency and does not include the power to make laws and to execute them with respect to matters within exclusive state competence. Section 305 of the 1999 Constitution does not contain, as was the case with the 1960 and 1963 Constitutions, any clause permitting the National Assembly to make laws for Nigeria or any part thereof with respect o matters not included in the Legislative Lists as may appear to Parliament to be necessary or expedient for the purpose of maintaining or securing peace, order and good government during any period of emergency. In constitutional democracies, particularly those operating written constitutions, it is not permissible for creatures of statutes such as the President to act outside the four walls of the statutes th at created them. The powers to remove a Governor, vested exclusively in the State House of Assembly, are elaborately stated in Sections 188(1) – (11) CFRN 1999 and the National Assembly is precluded by Section 11(4) from exercising this power during a period of emergency. In the situations of Plateau and Ekiti States, the removal or suspension was done unilaterally by the President. The constitution also makes elaborate provisions for the dissolution of a House of Assembly, for the recall of individual legislators and for succession to the office of the Governor in case of temporary absence or permanent incapacity of the office-holder. Even during a period of emergency, only the National Assembly is empowered by section 11(4) to take over the performance of the functions of the State House of Assembly but then only to the extent ‘necessary or expedient’ and only if the assembly ‘ is unable to perform its functions’. The subsection even goes further to enter a caveat as follows: Provided that nothing in this section shall be construed as conferring on the National Assembly power to remove the Governor or the Deputy Governor of the State from office. From the available facts, the House of Assembly in Ekiti was not unable to perform its functions. As a matter of fact, the House a day before the proclamation elected new officers and took a number of other decisions in a peaceful atmosphere. Thus, the warrant for the suspension of the House cannot be section 11(4) of the Constitution. 3. The Constitutionality of the Appointment of a Sole Administrator In times of emergency the constitution requires the President to take ‘extra-ordinary’ measures to return the state to a status of stability. These extra-ordinary measures are allowed under the Doctrine of Necessity. The term is used to describe the basis on which extra-legal actions by state actors, which are designed to restore order, are found to be constitutional. The suspension of the Governor and his Deputy in conjunction with the appointment of an Administrator has been argued to be one of such necessary actions to be taken during a state of emergency. Arguments on the contrary derive authority from the constitution which is the grundnorm, that is, a basis for the legality of other laws. To this effect, any other law that is inconsistent with the provisions of the Constitution, shall to the extent of its inconsistency to be null, void and of no legal effect. The constitution states in Section 1(2): The Federal Republic of Nigeria shall not be governed, nor shall any persons or group of persons take control of the Government of Nigeria or any part thereof, except in accordance with the provisions of this constitution. Thus the appointment of a sole administrator to take control over the government of the state is unconstitutional because the constitution, in section 305, does not provide for the removal of a Governor and Deputy Governor and subsequent take-over by an administrator during periods of emergency. In the words of William Pitt, (1759 – 1806) â€Å"Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves. More so, the constitution makes no provision for ‘suspension’ of elected officers it only provides for impeachment. The aforementioned extra-ordinary measures envisaged by the constitution should not be interpreted in terms of the removal of elected but rather only in terms of the deployment of the police and other security forces to maintain law and order or the making of such laws permitting restrictions on and derogation from fundamental rights, other than the right to life and to personal liberty, du ring a period of emergency. Even then, the constitution qualifies the extent of such restrictions derogation when it provides in section 45 (2 3), viz: (2) An Act of the National Assembly shall not be invalidated by reason only that it provides for the taking, during periods of emergency, of measures that derogate from the provisions of section 33 or 35 of this Constitution; but no such measures shall be taken in pursuance of any such Act during any period of emergency save to the extent that those measures are reasonably justifiable for the purpose of dealing with the situation that exists during that period of emergency; provided that nothing in this section shall authorize any derogation from the provisions of section 33 of this Constitution, except in respect of death resulting from acts of war or authorize any derogation from the provisions of section 36(8) of this Constitution. (3)In this section, a â€Å"period of emergency† means any period during which there is in force a Proclamation of a stat e of emergency declared by the President in exercise of the powers conferred on him under section 305 of this Constitution. 4. Arguments and legal suits challenging various aspects and actions of governance during Emergency Rule The obvious issue that comes to mind is the question bothering on if the situation at hand was enough reason for a declaration of a state of emergency by the President. This discretion is clearly that of the President and he is the sole determinant and initiator of the exercise except under circumstances provided for in Section 305 (3g), (4) and (5) where a request to such effect is initiated by the Governor of a state. The door seems closed on any advocacy against the President’s decision. This issue has its locus classicus in the case of Liversidge v. Anderson where the House of Lords held that in a situation of emergency, such as Britain fighting World War II, the court might not want to inquire into the reasonableness of the grounds of taking actions even when the statute clearly state that the cause must be reasonable. In fact, in Nigeria, with specific reference to emergency declaration, it was held in the case of Williams v. Majekodunmi that the issue of whether a state of emergency existed was outside the province of the court of law but only ‘within the bounds of Parliament’. Another issue questions the existence of The Emergency Powers Act of 1961 duely passed into law by the then Governor-General of Nigeria, Dr. Nnamdi Azikiwe. The general and popular authority for the alleged repeal by implication of the Emergency Powers Act is section 65(2) of the 1960 Independence Constitution which states that: â€Å"Any provision of law enacted in pursuant of this section shall have effect only during a period of emergency. Provided that the termination of a period of emergency shall not affect the operation of such provision of law during the period, the validity of any action taken there under during that period, any penalty or punishment incurred in respect of any contravention thereof or failure to comply therewith during that period or any proceeding or remedy in respect of any such penalty or punishment†. It has been argued that the emergency powers act lapsed by virtue of section 65(2) of the 1960 Constitution, which provides that â€Å"Any provision of law enacted in pursuance of this section shall have effect only during the period of emergency†, and that since that emergency has ended, that is the end of that law. The second argument is based on the Interpretation Act, Cap 192 LFN 1990. By section 6(2) of the Interpretation Act Cap 192, where a law has expired, lapsed or ceased to have effect, then, it is to be treated as if it has been repealed. In response to the first submission, the provisions of Section 65 of the 1960 Constitution does not by any rule of interpretation nullify any law made pursuant to the Emergency Powers Act at the end of the emergency period. Section 65(2) is not a destructive or a repealing section, which automatically repeals any law made pursuant to section 65. The emergency powers act continues to be law in the statute books and only remains dormant at the end of every emergency. To the second submission, on July 19, 1990, the Federal military government promulgated the revised edition (Laws of the Federation of Nigeria) Decree no 21 of 1990. The essence of the Decree was to update all the laws of the Federation applicable up to that time. The side note to Section 3 of the Decree gives power to the Attorney General of the Federation to authorise omission of certain enactment for reasons of its obsolete status, temporary nature, if it’s under review with a view to replacement and if it’s restricted or of personal application. But by Section 3 (2) any such laws omitted †¦shall have the same force and validity as if they had not been omitted in the revised edition. The meaning of this is very clear. The fact of the omission of any law from the revised edition of the laws of the Federation 1990 does not mean that those laws have been repealed. Put in another way, the fact of the classification of law as obsolete, temporary, under revision, restricted or personal and by reason therefore, its non-inclusion in the current Law of the Federation of Nigeria (LFN) of 1990, does not amount to the repeal of that law. CONCLUSION Just as a state of emergency is constitutional due to the unrest and instability of the state, so also some undesirable effects are incurred in the period of the state of emergency. A common occurrence here in Nigeria, is that the Governor, his Deputy and members of the State House of Assembly are suspended even though this kind of suspension is not expressly stated in the constitution. Declaring a state of emergency is one of the executive powers of the President. In this situation he is expected to do everything within his powers to handle the situation. It is also noted that this emergency power can be abused by the President and also used for politically selfish gains. Perhaps the basis for this abuse lies in the fact that the guidelines for the actions taken by the President in a bid to restore normalcy are not expressly stated in the 1999 Constitution of the Federal Republic of Nigeria. This lacuna gives the President a free hand to do whatever he deems necessary to quell the insurgence and return the Federation or any part thereof to a position of stability. Basically this essay has generally analysed the prevalent legal effects of the declaration of a state of emergency in Nigeria as well as parts of the world. The lessons learnt from there from could be helpful to Nigeria in her strive for democratic stability. [ 1 ]. Oluyede, P. A. , Aihe, D. O. (2003). Cases and Materials on Constitutional Law in Nigeria. (2nd Ed) Ibadan, Nigeria: University Press PLC. [ 2 ]. Latin maxim meaning â€Å"Let the welfare of the people be the Supreme Law† [ 3 ]. Wikipedia. com (Encyclopedia, 2011), http://en. m. wikipedia. org/wiki/State_of_Emergency [ 4 ]. Section 305 (1), Constitution of the Federal Republic of Nigeria, 1999 as amended in 2011 hereafter referred to as CFRN 1999. [ 5 ]. Section 305 (4), CFRN 1999 [ 6 ]. Emergency Powers Regulations 1962 [ 7 ]. Pursuant to Section 188 (1) CFRN 1999 [ 8 ]. Wikipedia. rg The Online Encyclopedia (2011) supra. [ 9 ]. Human Rights Watch (2008), Egypt: Extending State of Emergency violates rights, http://www. hrw. org/en/news/2008/05/27/egypt-extending-state-emergency-violates-rights [ 10 ]. Daily News Economic Review (2008), Syria Lifts State of Emergenc y Laws, http://www. hurriyetdailynews. com/syria [ 11 ]. As of 2010, a state of emergency had been declared fifty – two (52) times by democratic and dictatorial governments [ 12 ]. On May 27, 1967, General Gowon declared a state of emergency over the whole country in response to the armed conflict that resulted in a civil war. ICE case studies: The Biafran War. http://www1. american. du/ted/ice/biafra. htm [ 13 ]. National Open University of Nigeria, (2008). LAW 241 – Human Rights Law, Professor Justus A. Sokefun [ 14 ]. Black’s Law Dictionary, (8th Ed 1999), pg. 2167 [ 15 ]. Foster, S. (2nd. Ed, 2008). Human Rights and Civil Liberties. Essex, England: Pearson Education Limited. [ 16 ]. The United Nations Website (2006), The Universal Declaration of Human Rights, http://www. un. org/en/documents/udhr/index. shtml Daily News Economic Review (2008), Syria Lifts State of Emergency Laws, http://www. hurriyetdailynews. com/syria [ 17 ]. Sections 33 – 44, CFRN 1999 [ 18 ]. www. wikipedia. org The Online Encyclopedia (2011) supra. [ 19 ]. 1962] 1 All NLR 413 or (No. 1) [1962] 2 SCNLR p. 26. [ 20 ]. www. wikipedia. org The Online Encyclopedia (2011) supra. [ 21 ]. Article IV, International Covenant on Civil and Political Rights, hereafter referred to as ICCPR [ 22 ]. National Party Preliminary Submission Theme Committee 4. (1995). Item 24: States of Emergency and Suspension of Rights. www. constitutionnet. org/files/7869. pdf [ 23 ]. Kelly, J. (2009). United Nations Rule of Law Activities Threaten National Sovereignty. http://www. globalgovernacewatch. org/spotlight_on_sovereignty/united-nations-rule-of-law-activities-threaten-national-sovereignty [ 24 ]. Gbadamosi, G. (2004). Nigerias Case Laws on Emergency Rule. http://www. dawodu. com/gbadamosi1. htm [ 25 ]. Martins O. Madu O. (2004, May 19). Nigeria: Obasanjo proclaims state of emergency in Plateau and warns Kano. The Guardian Newspaper [ 26 ]. News Reports (2006). State of Emergency’ declared in Ekiti State. Olurin sworn in. Nigerian Village Square. http://www. nigeriavillagesquare. com/articles/nvs/state-of-emergency-declared-in-ekiti-state-olurin-sworn-in. html [ 27 ]. Alabi M. O. (2005). Emergency Powers in Nigeria: Legal and Constitutional Issues. The Constitution, Vol. 5, No. 4 [ 28 ]. Alabi M. O. supra [ 29 ]. Section 105, CFRN 1999 [ 30 ]. Section 110, CFRN 1999

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Obediance to authority essays Obedience to authority is necessary for any society to function. The point, at which obedience to authority becomes dangerous, is when it harms other citizens. One should obey authority, when it is empowered by the society, through rules enacted by society. Following this policy, society can prevent chaos. Obedience to prevent chaos is part of our everyday routine. For example, obedience when driving is necessary. When officers give orders in traffic situations, obedience is critical for traffic to flow, thus citizens to get around towns, to work and pay taxes. If people overran 1 or 2 officers, there is no way to stop herds of people making a run for it. An example, showing the need for obedience is rioting. How could you go to work and pay taxes in this state of Chaos? Since people do not generally riot, societal order is maintained. If society rioted and our armed guard could not stop the chaos, society would cease to function. Obedience is also enforced due to overwhelming majorities. Luckily, the greater percentage of people in a society would condone stealing, murdering, etc. For example, what if people were to act on whims, such as lack of money or passion? They would suffer consequences, because the majority of society backs up the laws they enacted, with the support of their police forces. Thus, individuals use better judgment and those who do not, suffer the consequences. Zombardos prison experiments demonstrate this, the prisoners follow the guards, because they have control and the backing of more forces or so they think. Any successful society follows these orders of obedience. A citizen must feel safe when venturing to work, paying taxes, or feeling safe to going out and spend his or her income on goods and services, thus running a successful economy. Obedience to authority can have devastating effects when used improperly with humans. When a human of power abuses his or her power ...

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Drug Culture and the Impressionable Youth Drug Culture and the Impressionable Youth Rock and roll music and rap are the two most listened to genres by teens of the ages nine to twenty- five. Both genres are linked to the drug culture quite often through older music and music today. Rock and rap music communicate drug culture ideals to the impressionable youth through; Lyrics that speak about a drug experience, a trance-like rhythm that makes an experience either better or worse, and by the artists image in the media. All of these play a role on how the youth are influenced in society. Rock and roll has been linked to the drug culture for many years. Whether a song was written about a certain drug or whether the song was written on drugs has had society worried for its children. Children are always singing, whether with the music or just to themselves, but do parents listen to what they are singing? A popular rock band, named Green Day, have a few songs that reference illicit drug content. The song ‘Green Day contains lyrics that reference an experience after smoking marijuana. Here are some lyrics from the song: â€Å"A small cloud has fallen, The white mist hit the ground, My lungs comfort me with joy, Vegging on one detail, The rest just crowds around, My eyes itch of burning red, Picture sounds of moving insects so surreal, Lay around looks like I found something new, Laying in my bed, I think Im in left field, I picture someone, I think its you, Your standing so damn close, My body begins to swell, Why does 1+1 make 2?† Even though this song was written in 1990, it is still played on a few radio stations today. The album ‘1,039 Smoothed Out Slappy Hours, sold over five hundred thousand copies. And since then Green Day has become more popular with the youth. Green is only an example of todays music, but The Beatles and The Rolling Stones were huge role models as the drug culture started. The Beatles lyrics are descriptive of encounters with intoxicants and rely on the images and the insider knowledge associated with the meanings put forward by The Beatles (Blackman86). The Beatles had the world at their fingertips; they held the record for the most people to go deaf at a concert, not because the music was loud but because of the thousands of girls screaming at the top of their lungs (Blackman86). After the American tours, The Beatles songs moved onto new subjects with closer links to recreational drug use. On the song, ‘Tomorrow Never Knows, Lennon offers drug advice about the feeling bro ught on by drug consumption (Blackman85). In an interview by Queen and Life magazine in 1967, Sir Paul McCartney states that LSD ‘opened my eyes. It made me a better, more honest, and a more tolerant member of society (Uncut). Rock and roll lyrics speak more about an experience on an illicit drug while the next genre, rap, speak more about selling drugs to make money. Rap has not always been linked to the drug culture till about the 1990s. When children listen to the lyrics of certain rap songs, they hear how selling drugs or taking drugs to make life easier. According to Dr. Herd, an associate professor in the division of Community Health and Human Development at the University of California, illegal drug use became increasingly linked during the late 1990s to wealth, glamour, and social standing, when in comparison to earlier years, when rap music was more likely to have depicted the dangers and negative consequences of drug use (Yang). â€Å"Rap music is especially appealing to young people, many of whom look up to rappers as role models. As a public health researcher, and as a parent of a seven year old, I am concerned about the impact that long-term exposure to this music has on its listeners,† says Dr. Herd (Yang). Ludacris, who is popular with an age range from twelve to twenty-five, published a song called ‘Blueberry Yum Yum. Throughout the song, Ludacris raps about how excellent blueberry yum yum marijuana is. Here a few lines from this song: â€Å"Got a little bit of blueberry yum, yum And I never woulda thought that it could taste this good Thank God for the man who put it in my hood Its got me singin melodies I never thought I would Im feeling sorry for the homies who be smokin wood Chop chop, break it down for a player like ye Im ‘bout to find me a woman and skeet† This song was on the album, ‘The Red Light District and sold over twenty million copies worldwide (Blackman85). Ludacris is not the only rapper that sings about enjoyment of smoking marijuana other names are Snoop Dogg, Dr. Dre, and Eminem are a few examples of big name rappers that have followers of young ages listening to their lyrics and singing along. Adolescents are exposed to approximately two hundred and fifty-one references to explicit substance use per day (Parker-Pope). Adolescents are exposed to music more than any other type of media. An example is music compared to film. Adolescents listen to an average of sixteen hours each week of music compared to an average of six hours each week for films (Parker-Pope). Music is a powerful social force that taps into an individuals personal identity, memories, and mood. Lyrics are strong ways to communicate to the impressionable youth about the drug culture but there are more ways to communicate also like a trance-like rhythm. Rock and roll music and rap have many different types of sounds and beats. Shiela Whiteley, Building on Middleton and Muncies analysis, says there are stages of how rock and rap music influence drug use through a song. Whiteley says, â€Å"The first stage is manipulation of timbres, blurred, bright, tingly overlapping associated with the intensification of tripping; second stage, the upward movement in pitch which compares with the experience of being high; third, the characteristic use of harmonies lurching and oscillating which change focus; fourth, the sudden use of regular or irregular rhythms suggesting both the rush of a drug but also the trance-like condition of sounds capes and which acts to disorientate conventional musical structure, offering new enhancements from new technology employed in music and also through the process of hallucination† (Blackman100). Teens pick music to go with their drug experience. 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Drug induced deaths of pop stars establish new ‘consumer shrines that feed on and promote person and artistic mystery, followed by endless repackaging of existing material, remixes or releases of unsanctioned songs (Blackman94). Kurt Cobain, former lead singer of Nirvana, overdosed numerous times and was told to go to rehab but disappeared and committed suicide. Rap has a bad rap for its image because of how the artist presents themselves in th e media. Snoop Dogg has been arrested five times with the possession of marijuana (Whillans). Snoop Dogg is not the only one with a bad reputation on getting caught with marijuana. Such artists as Juvenile, Lil Wayne, Sir Paul McCartney, Keith Richards, and John McClure are just a few examples of popular