THE PEOPLE OF THE STATE OF ILLINOIS, ex rel. MICHAEL OCONNELL v. ROBERT TURNER, Essay Example for Free

THE PEOPLE OF THE STATE OF ILLINOIS, ex rel. MICHAEL OCONNELL v. ROBERT TURNER, Essay Opinion: mr. Justice thornton delivered the opinion of the Court: By the order of this court, the writ of habeas corpus was issued, commanding Robert Turner, superintendent of the reform school of the city of Chicago, to show cause for the caption and detention of Daniel OConnell. The petition of Michael OConnell represents, that he is the father of Daniel, a boy between fourteen and fifteen years of age, and that he is restrained of his liberty contrary to the law, without conviction of crime, and under color of the following mittimus: STATE OF ILLINOIS, COOK COUNTY. ss. Superior Court of Cook county. Of the Sept. Term, A. D. 1870. The People of the State of Illinois to the Superintendent of the Reform School of the city of Chicago: Greeting: We do hereby command you, that you take the body of Daniel OConnell, a boy above the age of six and under the age of sixteen years, who, upon due examination by the Hon. Wm. A. Porter, one of the judges of the Superior Court of Cook county, has been found, by competent evidence, to be a proper subject for commitment in the said reform school, and whose moral welfare  and the good of society require that he should be sent to said school for instruction, employment and reformation, and that you confine the said Daniel OConnell within the said reform school, according to the statute in such cases made and provided, and for so doing, this shall be your sufficient warrant. To the sheriff of Cook county to execute. Witness, Augustus Jacobson, clerk of our said Superior Court, and the seal thereof, this ninth day of September, A. D. 1870. A. JACOBSON, Clerk. The return is, that the boy had been detained by authority of the mittimus, which accompanied the petition, the original of which was filed with an endorsement thereon by the sheriff of its due execution, by the delivery of the body of the prisoner to the superintendent of the reform school. It is admitted, that the relator is the father of the boy, alleged to be restrained of his liberty, and that he is of the age stated. The only question for determination, is the power of the legislature to pass the laws, under which this boy was arrested and confined. The first act, in relation to this reform school, is a part of the charter of the city of Chicago, approved February 13, 1863, and the second is entitled, an act in reference to the reform school of the city of Chicago, approved March 5, 1867. The first section establishes a school for the safe keeping, education, employment and reformation of all children between the ages of six and sixteen years, who are destitute of proper parental care, and growing up in mendicancy, ignorance, idleness or vice. Section four, of the act of 1867, provides, that whenever any police magistrate, or justice of the peace, shall have brought before him any boy or girl, within the ages of six or sixteen years, who he has reason to believe is a vagrant, or is destitute of proper parental care, or is growing up in mendicancy, ignorance, idleness or vice, he shall cause such boy or girl to be arrested, and, together with the witnesses, taken before one of the judges of the superior or circuit court of Cook county. The judge is empowered to issue a summons, or order in writing, to the childs father, mother, guardian, or whosoever may have the care of the child, in the order named, and if there be none such, to any person, at his discretion, to appear, at a time and place mentioned, and show cause why the child should not be committed to the reform school, and upon return of due service of the summons, an investigation shall be had. HN2The section then directs, if, upon such examination, such judge shall be of opinion that said boy or girl is a proper subject for commitment to the reform school, and that his or her moral welfare, and the good of society, require that he or she should be sent to said school for employment, instruction and reformation, he shall so decide, and direct the clerk of the court of which he is judge, to make out a warrant of commitment to said reform school; and such child shall thereupon be committed. Section nine, of the act of 1863, directs, that all persons between six and sixteen years of age, convicted of crime punishable by fine or imprisonment, who, in the opinion of the court, would be proper subjects for commitment, shall be committed to said school. Section ten authorizes the confinement of the children, and that they shall be kept, disciplined, instructed, employed and governed, until they shall be reformed and discharged, or shall have arrived at the age of twenty-one years; and that the sole authority to discharge shall be in the board of guardians. The warrant of commitment does not indicate that the arrest was made for a criminal offense. Hence, we conclude that it was issued under the general grant of power, to arrest and confine for misfortune. The contingencies enumerated, upon the happening of either of which the power may be exercised, are vagrancy, destitution of proper parental care, mendicancy, ignorance, idleness or vice. Upon proof of any one, the child is deprived of home, and parents, and friends, and confined for more than half of an ordinary life. It is claimed, that the law is administered for the moral welfare and intellectual improvement of the minor, and the good of society. From the record before us, we know nothing of the management. We are only informed that a father desires the custody of his child; and that he is restrained of his liberty. Therefore, we can only look at the language of the law, and the power granted. What is proper parental care? The best and kindest parents would differ, in the attempt to solve the question. No two scarcely agree; and when we consider the watchful supervision, which is so unremitting over the domestic affairs of others, the conclusion is forced upon us, that there is not a child in the land who could not be proved, by two or more witnesses, to be in this sad condition. Ignorance, idleness, vice, are relative terms. Ignorance is always preferable to error, but, at most, is only venial. It may be general or it may be limited. Though it is sometimes said, that idleness is the parent of vice, yet the former may exist without the latter. It is strictly an abstinence from labor or employment. If the child perform all its duties to parents and to society, the State has no right to compel it to labor. Vice is a very comprehensive term. Acts, wholly innocent in the estimation of many good men, would, according to the code of ethics of others, show fearful depravity. What is the standard to be? What extent of enlightenment, what amount of industry, what degree of virtue, will save from the threatened imprisonment? In our solicitude to form youth for the duties of civil life, we should not forget the rights which inhere both in parents and children. The principle of the absorption of the child in, and its complete subjection to the despotism of, the State, is wholly inadmissible in the modern civilized world. The parent has the right to the care, custody and assistance of his child. The duty to maintain and protect it, is a principle of natural law. He may even justify an assault and battery, in the defense of his children, and  uphold them in their law suits. Thus the law recognizes the power of parental affection, and excuses acts which, in the absence of such a relation, would be punished. Another branch of parental duty, strongly inculcated by writers on natural law, is the education of children. To aid in the performance of these duties, and enforce obedience, parents have authority over them. The municipal law should not disturb this relation, except for the strongest reasons. The case with which it may be disrupted under the laws in question; the slight evidence required, and the informal mode of procedure, make them conflict with the natural right of the parent. Before any abridgment of the right, gross misconduct or almost total unfitness on the part of the parent, should be clearly proved. This power is an emanation from God, and every attempt to infringe upon it, except from dire necessity, should be resisted in all well governed States. In this country, the hope of the child, in respect to its education and future advancement, is mainly dependent upon the father; for this he struggles and toils through life; the desire of its accomplishment operating as one of the most powerful incentives to industry and thrift. The violent abruption of this relation would not only tend to wither these motives to action, but necessarily, in time, alienate the fathers natural affections. But even the power of the parent must be exercised with moderation. He may use correction and restraint, but in a reasonable manner. He has the right to enforce only such discipline, as may be necessary to the discharge of his sacred trust; only moderate correction and temporary confinement. We are not governed by the twelve tables, which formed the Roman law. The fourth table gave fathers the power of life and death, and of sale, over their children. In this age and country, such provisions would be atrocious. If a father confined or imprisoned his child for one year, the majesty of the law would frown upon the unnatural act, and every tender mother and kind father would rise up in arms against such monstrous inhumanity. * Can the State, as parens patriae, exceed the power of the natural parent, except in punishing crime? Footnotes * See the case of Fletcher et al. v. The People, holding that the father may be indicted and punished for inhuman treatment of his child. End Footnotes- These laws provide for the safe keeping of the child; they direct his commitment, and only a ticket of leave, or the uncontrolled discretion of a board of guardians, will permit the imprisoned boy to breathe the pure air of heaven outside his prison walls, and to feel the instincts of manhood by contact with the busy world. The mittimus terms him a proper subject for commitment; directs the superintendent to take his body, and the sheriff endorses upon it, executed by delivering the body of the within named prisoner. The confinement may be from one to fifteen years, according to the age of the child. Executive clemency can not open the prison doors, for no offense has been committed. The writ of habeas corpus, a writ for the security of liberty, can afford no relief, for the sovereign power of the State, as parens patriae, has determined the imprisonment beyond recall. Such a restraint upon natural liberty is tyranny and oppression. If, without crime, without the conviction of any offense, the children of the State are to be thus confined for the good of society, then society had better be reduced to its original elements, and free government acknowledged a failure. In cases of writs of habeas corpus to bring up infants, there are other rights beside the rights of the father. If improperly or illegally restrained, it is our duty, ex debito justitiae, to liberate. The welfare and rights of the child are also to be considered. The disability of minors does not make slaves or criminals of them. They are entitled to legal rights, and are under legal liabilities. An implied contract for necessaries is binding on them. The only act which they are under a legal incapacity to perform, is the appointment of an attorney. All their other acts are merely voidable or confirmable. They are liable for torts, and punishable for crime. Lord Kenyon said, If an infant commit an assault, or utter slander, God forbid that he should not be answerable for it, in a court of justice. Every child over ten years of age may be found guilty of crime. For robbery, burglary or arson, any minor may be sent to the penitentiary. Minors are  bound to pay taxes for the support of the government, and constitute a part of the militia, and are compelled to endure the hardship and privation of a soldiers life, in defense of the constitution and the laws; and yet it is assumed, that to them, liberty is a mere chimera. It is something of which they may have dreamed, but have never enjoyed the fruition. Can we hold children responsible for crime; liable for their torts; impose onerous burdens upon them, and yet deprive them of the enjoyment of liberty, without charge or conviction of crime? The bill of rights declares, that all men are, by nature, free and independent, and have certain inherent and inalienable rightsamong these are life, liberty, and the pursuit of happiness. This language is not restrictive; it is broad and comprehensive, and declares a grand truth, that all men, all people, everywhere, have the inherent and inalienable right to liberty. Shall we say to the children of the State, you shall not enjoy this righta right independent of all human laws and regulations? It is declared in the constitution; is higher than constitution and law, and should be held forever sacred. Even criminals can not be convicted and imprisoned without due process of lawwithout a regular trial, according to the course of the common law. Why should minors be imprisoned for misfortune? Destitution of proper parental care, ignorance, idleness and vice, are misfortunes, not crimes. In all criminal prosecutions against minors, for grave and heinous offenses, they have the right to demand the nature and cause of the accusation, and a speedy public trial by an impartial jury. All this must precede the final commitment to prison. Why should children, only guilty of misfortune, be deprived of liberty without due process of law? It can not be said, that in this case, there is no imprisonment. This boy is deprived of a fathers care; bereft of home influences; has no freedom of action; is committed for an uncertain time; is branded as a prisoner; made subject to the will of others, and thus feels that he is a slave. Nothing could more contribute to paralyze the youthful energies, crush all noble aspirations, and unfit him for the duties of manhood. Other means of a milder character; other influences of a more kindly nature; other laws less  in restraint of liberty, would better accomplish the reformation of the depraved, and infringe less upon inalienable rights. It is a grave responsibility to pronounce upon the acts of the legislative department. It is, however, the solemn duty of the courts to adjudge the law, and guard, when assailed, the liberty of the citizen. The constitution is the highest law; it commands and protects all. Its declaration of rights is an express limitation of legislative power, and as the laws under which the detention is had, are in conflict with its provisions, we must so declare. It is therefore ordered, that Daniel OConnell be discharged from custody. Discharged.

On Images :: Senses Philosophy Papers

On Images Concrete images are like pictures in the mind's imagination which have been transferred from real objects through the eyes. Abstract images also exist in the imagination, but are not easily described or communicated. Both images interplay in various ways as a person experiences emotional, dream and pure thought states of consciousness. Despite the interplay, the two kinds of images do not merge or meld into a third image type as a graduation between the two. Concrete images change, sometimes drastically. They never become abstract images, however deformed they are. Abstractions are somewhat assumed and exist as spontaneous and at times irrational images in the mind's eye. Light, reason, infinity and nothing are examples of abstract images which cannot be given accurate visual representation. Images take on different meanings with regard to language, death, prayer and society or politics; but the two types remain distinct. All human beings experience both concrete and abstract imagery . However, the level of ability to think abstractly varies from person to person. For Aristotle, the most important and most enjoyable of the senses is the sense of sight. (1) The human eye receives an image with the use of light. Vision of the physical world outside ourselves occurs as light reflects off objects, passes through the eyes, and presents an image to the mind. It is believed that these images are not unique to any single person because they are communicated and described back and forth, thus weakening the solipsist's struggle. In this paper, abstract and concrete images will be defined by way of discussion of the imagination and the mind. Apparently the mind functions in such a way that many images happen without any mechanistic equation to tell us how. The imagination is familiar and so are the images, but it is the wonder and challenge of how they interact that deepens our understanding. It is contended here that the line between the two types of images is stark and obvious, and not a graduation. Images are either concrete or abstract, without any i n between. By concrete image we understand a sort of picture present when we are seeing something or as we close our eyes and remember it. The image seems to be present as a form outside ourselves in the object and in our mind simultaneously. It is an image which has color and real properties like shape and texture. On Images :: Senses Philosophy Papers On Images Concrete images are like pictures in the mind's imagination which have been transferred from real objects through the eyes. Abstract images also exist in the imagination, but are not easily described or communicated. Both images interplay in various ways as a person experiences emotional, dream and pure thought states of consciousness. Despite the interplay, the two kinds of images do not merge or meld into a third image type as a graduation between the two. Concrete images change, sometimes drastically. They never become abstract images, however deformed they are. Abstractions are somewhat assumed and exist as spontaneous and at times irrational images in the mind's eye. Light, reason, infinity and nothing are examples of abstract images which cannot be given accurate visual representation. Images take on different meanings with regard to language, death, prayer and society or politics; but the two types remain distinct. All human beings experience both concrete and abstract imagery . However, the level of ability to think abstractly varies from person to person. For Aristotle, the most important and most enjoyable of the senses is the sense of sight. (1) The human eye receives an image with the use of light. Vision of the physical world outside ourselves occurs as light reflects off objects, passes through the eyes, and presents an image to the mind. It is believed that these images are not unique to any single person because they are communicated and described back and forth, thus weakening the solipsist's struggle. In this paper, abstract and concrete images will be defined by way of discussion of the imagination and the mind. Apparently the mind functions in such a way that many images happen without any mechanistic equation to tell us how. The imagination is familiar and so are the images, but it is the wonder and challenge of how they interact that deepens our understanding. It is contended here that the line between the two types of images is stark and obvious, and not a graduation. Images are either concrete or abstract, without any i n between. By concrete image we understand a sort of picture present when we are seeing something or as we close our eyes and remember it. The image seems to be present as a form outside ourselves in the object and in our mind simultaneously. It is an image which has color and real properties like shape and texture.

Dinner With Friends

Within the field of psychology there are branches that explore different types of human behaviour. Some of those branches turn their attention to hidden aspects of the human nature, like for example research into our linguistic faculties, other deal with modeling of various situations to better investigate our individual or group modes of action.But perhaps one of the fields of psychology that deals with the realm of human life which is most familiar to us in our everyday goings-on is the branch investigating interpersonal communication. Interpersonal communication can be most generally defined as our communication with another person or within a group of persons. However, this overall description hides the true complexity and variety of the forms that interpersonal communication can take.Indeed, to this aspect of our social life we can attribute such fundamental elements of out interaction with people as ability to initiate and maintain conversations or arguments, to listen, to spea k privately and publicly, to generate and interpret patterns of nonverbal communication, manifest our unconscious modes of communication, and any other skills that actually enable us to be active members of society. At this point, considering the proximity of the phenomenon of interpersonal communication to our everyday life, we may wonder what are the proper ways of study of forms of interpersonal communication?Of course, psychology as a strict science has its own standards and methods of investigation. But at the same time I think that we can find a lot of examples of interpersonal communication happening on a regular basis right before our eyes. To see this we may turn to the film â€Å"Dinner With Friends† (2001) directed by Norman Jewison, which provides a lot of interesting aspects relevant to the theory of interpersonal communication. Let us take a closer look and discuss such aspects.The film â€Å"Dinner With Friends† tells a story of two married couples †“ Gabe and Karen, and Beth and Tom – that have been close friends for 12 years, and were spending their time over dinners discussing their relationships, their children, and other matters and interests that friends can share. However, when unexpectedly for Gabe and Karen Beth declares that she and Tom had decided to separate, this event inflicts a profound change in the pattern of their relationships.As both couples undergo emotional turmoils it turns out that, ironically, their mutual love of cooking may be the only thing that remains between them, while their former friendship is gone. â€Å"Dinner with Friends† is mostly built upon conversations as the vehicle to unfold the story. The personages talk a lot about different things, from their love of food to their ideas about the meaning of life, and the director managed to make dialogues in the film very life-like, akin to those that we would expect from really good friends.In this way, touching upon the theme of t he complexity of human relations that is familiar and important to most of us, the film provides very subtle insights into the nuances of friendship, marriage as a very delicate union between people, and divorce as a force that can have profound impact on lives of people. Now, speaking about interpersonal communication we may immediately begin to find examples of it in the film.Being the direct and the most personal form of interaction, interpersonal communication helps people learn about each other in an intimate way. We can see this in the film, which depicts communication between two people, also called dyadic communication. Dyadic communication occurs in privacy between Gabe and Karen, and Beth and Tom, and also between Karen and Beth, and Tom and Gabe, when due to the break-up of their traditional relations tensions develop between these women and men.In this regard, it is interesting to point out that as Gabe and Karen perceived their friendship with Beth and Tom as a close on e, after learning about the alleged betrayal of Beth by Tom Karen is angry that she had been unaware of the brewing troubles in their marriage. Thus, the previous apparent intimacy of relations between the couples was not completely true, and it could hardly be such. As Karen bitterly says, one can spend the whole life with another person, and in the end it may turn out that the person you fully entrusted your fate to is an impostor.To this, Gabe thoughtfully responds: â€Å"But it can`t be as simple as that†. Indeed, in accordance with the developmental view of interpersonal communication, with time communicators get to know more details about each another, develop ability to partly predict their behavior, and create their own rules of communication. But in the case of the couples from the movie, it seems that their established rules of communication at some point began to lag behind the changing nature of relationships within couples themselves, as most notably was the case with Beth and Tom.At the same time, being influenced and disturbed by the divorce of friends Gabe and Karen also had to reevaluate their seemingly healthy marriage. This fact hints about another quality of interpersonal communication, which lies in its effect on formation of our self-concepts through confirmation and gradual transformation of our identities. In application to the characters from the film, this can be evidenced by the belief of Gabe and Karen that they knew their friends very well, while in reality this was not the case.And when tensions between couples develop, Beth reevaluates the nature of gifts that Karen, who considered Beth to be â€Å"a mess†, had presented to her. In the scene where Beth declares that she has a new lover and Karen advises her to slow down, Beth observes: â€Å". . . you love it when I'm a mess. Every Karen needs a Beth. † It is not wonder that such aggressive stance of the person who had been your close friend can surely influe nce our self-perception. We also may interpret the interrelations between the characters of the film as representative of the small group communication aspect of interpersonal communication.While it is somewhat difficult to define a small group, some researches propose to consider as small such a group in which each participant can immediately sense and remember the presence of other participants. This definition suits the situations of the personages of the film â€Å"Dinner With Friends† very well. Judging from this viewpoint, small group communication between the couples can be interpreted as a dynamical process of receiving inputs, processing the information, and outputting certain behavioral modes.Input factors are present even before a group forms, and in our case it is the mutual background of the two couples, as Beth and Tom were in the first place introduced to each other by Gabe and Karen; process factors are developments that emerge in the process of communication within group, as exemplified in the film by rapid change of the format of individual relations between the personages themselves, and, consequently, between the couples in the aftermath of the break-up between Beth and Tom; finally, output factors are end results of the communication, and for Gabe, Karen, Beth, and Tom the end results were different, but in all cases prominent.For Beth and Tom the divorce meant the transformation of their lives, and for Gabe and Karen the separation of their friends from their small group serves as an impetus to come to conscious conclusion that â€Å"practical matters outweigh abandon† when it comes to their own family chores. On ground of what we have discussed, we can see that in the end of the film all its personages are deeply affected by the changes in the disposition of their dyadic relations and relations within their small group. In this way, it becomes clear that interpersonal communication has a very important role for all of us be cause it can influence the most important aspects of our life, friendship and marriage among them.

Informative Essay About Passionate Marking - 1045 Words

EXPRESSIVE PRODUCT Introduction: There are number of point of view been expressed in experimental articles about passionate marking. The exceptionally essential meaning of feeling marking is The thought that, past an item and its advantages, as opposed to purchasing an item accessible in the business sector individuals are acutely inspired by purchasing passionate encounters, which may have, tremendous claim separated from a methodology. It is more that logic and spells out as a motivational instrument uncovers for imaginative arrangement from clients. Number of authors has alluded enthusiastic brands as resident brands. The purpose for, client connected with their brands create citizenship and dependability in their relations. The†¦show more content†¦The principal target of this exploration was to quantify the conduct of shopper towards enthusiastic marking and distinguish the component which makes the association in the middle of brands and buyers and to discover those variables which assume a critical part in passionate marking. †¢ Does your image bring out an enthusiastic reaction? †¢ Does your image make reliability? †¢ What would make your customers avid to pay for your items and administration? Research methodologies and techniques The conduct of shoppers towards enthusiastic marking will be measured on measurement through open overviews and writing survey. Arbitrary inspecting system is utilized to gather information from people in general with respect to passionate marking. The aftereffect of the overview discoveries will ideally help to dissecting the conduct of buyer towards passionate marking and breaking down the components which makes the association in the middle of brands and buyers and figure out which elements are assume a vital part in enthusiastic marking. Research process The determinants of the Emotion Branding were in light of the writing review. A survey containing diverse inquiries that will be coordinated to the purchasers. 8 inquiries were identified with individual information, the rest things were identified with the study. Survey will beShow MoreRelatedSocial Media And Ritual Theory1997 Words   |  8 Pageseverything from pornography to the patriarchy. Other informative ways that the church tries to share its presence online is through reflections on the daily mass readings led by the United States Conference of Catholic Bishops. The fact the Pope Francis often â€Å"trends† on social media might be testament to how the church has begun to integrate this revolutionary application into its mission. Pope Francis often speaks the New York Times about issues that directly affect the modern age. The TimesRead More Johann Sebastian Bach Essay2919 Words   |  12 PagesChopin, and Mozart. â€Å"Mozart, when rapidly advancing to the height of his mastery, had but to read the Baron von Swietens manuscript copies of the motets and of the Wohltemperiertes Klavier, and his style, quite apart from his immediate essays in the old art forms, and apart also from the influence of his study of Handel, developed a new polyphonic richness and depth of harmony which steadily increased until his untimely death.† (www.nndb.com†¦.343/) After studying the WohltemperirtesRead MoreRosalind Krauss - Photographys Discursive Spaces9350 Words   |  38 Pagessici=0004-3249%28198224%2942%3A4%3C311%3APDSL%3E2.0.CO%3B2-8 Art Journal is currently published by College Art Association. Your use of the JSTOR archive indicates your acceptance of JSTORs Terms and Conditions of Use, available at http://www.jstor.org/about/terms.html. JSTORs Terms and Conditions of Use provides, in part, that unless you have obtained prior permission, you may not download an entire issue of a journal or multiple copies of articles, and you may use content in the JSTOR archive only forRead MoreOrganisational Theory230255 Words   |  922 Pagestruth is out there, and we can objectively know it Philosophical disputes around the role of the subjective in science Epistemological and ontolological disputes: how can we ever know the ‘truth’ and is there an ‘out there’? A few words of warning about the term postmodernism Overview of the structure and rationale of the book Chapter summaries Chapter 2: Modernist organization theory: back to the future? Chapter 3: Neo-modernist organization theory: putting people first? Chapter 4: Neo-modernistRead MoreDeveloping Manage ment Skills404131 Words   |  1617 Pages372 7 MANAGING CONFLICT 373 SKILL ASSESSMENT 374 Diagnostic Surveys for Managing Conflict 374 Managing Interpersonal Conflict 374 Strategies for Handling Conflict 375 SKILL LEARNING 376 Interpersonal Conflict Management 376 Mixed Feelings About Conflict 376 Diagnosing the Type of Interpersonal Conflict 378 Conflict Focus 378 Conflict Source 380 Selecting the Appropriate Conflict Management Approach 383 Comparing Conflict Management and Negotiation Strategies 386 Selection Factors 386 Resolving