Tuesday, February 25, 2020

Research paper Example | Topics and Well Written Essays - 1000 words - 9

Research Paper Example Foner reveals that prior to the trial, the defendants enjoyed access to lawyers. Consequently, the defendants had insignificant time for planning defense. 2 He has added that, the defendants appealed against the above ruling on the basis of inadequate legal counsel. Notably, the supreme court of Alabama ruled by a vote of six against one that there was a fair trial. Considerably, it is noteworthy pointing out that Anderson, the chief justice, produced a tough nonconformist opinion that resulted to an appeal to the Supreme Court in the US against the ruling. The Court’s Ruling Hoffmann et al indicates that, during the ruling, the supreme US’s Supreme Court majority opinion overturned and remanded the ruling of the supreme court of Alabama, maintaining that the court had violated the due process. Notably, the Supreme Court’s decision rested on three significant arguments; firstly, the defendants did not receive fair, unbiased and purposeful trial. Secondly, they di d not access the right of counsel, with the familiar consultation incidents and a chance for trial. Lastly, the trial took place before juries chosen racially from unqualified people; hence systematically excluding qualified juries. It is worthwhile noting that the conviction was unlawful since the accused did not access the counsel’s assistance right from their arraignment up to the commencement of their trial. This led to breaching the due process section of the 14th Amendment. Foner indicates `that the section, counsel has to be certain to anybody subject to the likelihood of a death sentence, be it in state or else federal courts.3 Conclusively, our group does not support the court’s ruling because as indicated above, had interfered with state courts; hence, going beyond its jurisdiction. Consequently, our group has agreed with the above discussed dissenting opinions because the trial court had really acted upon the laid down procedures. The only missing point is t he lack of representation for the defendants. However, one should note that a court has its own individual reasons to at times deviate from norms especially if the situation calls for the same. Notably, the US Supreme Court did not conduct situational analysis before delivering its ruling. 4 Consequences/implications of the Ruling Assuming the court it is absolutely devoid of merit, all other claims that the petitioners’ constitutional rights got violated, positions its viewpoint and ruling upon a solitary declaration of reality. Furthermore, the petitioners did not access the right of counsel, with the familiar consultation incidents and preparation opportunity for trial. If this is factual, they were deprived of the due process of law; hence, they were at liberty to have the rulings against them upturned, however, there are no records for such denial. Hoffmann et al argues that nine defendants, together with Patterson, were charged for one condemnation, and he was as well u nconnectedly indicted. As opposed to trying using the en masse, the government provided four trials; hence lessening the risk of error and unfairness that unavoidably attends an effort in a particular trial to determine the culpability or blamelessness of the accused.5 Dissenting opinions If right, the judgment that the malfunction of the trial court to grant petitioners time as

Sunday, February 9, 2020

Saint Thomas Aquinas and his influence on Western thought Research Paper

Saint Thomas Aquinas and his influence on Western thought - Research Paper Example Aquino has been considered by many as one of the major pillars of civilization in the west. His philosophy exerted much influence not only on the successive Christian theology, but also the philosophy of the west in general. One could only conclude that Aquino’s existence was needed at this time when Catholic politics and the events in the world needed great intervention (Aquinas and Regan 73). At this time, a decision was made in Vatican apprehensively where Aquinas was assigned the task of merging formally Christianity with carnal reason. Aquino was born in Roccasecca Sicily in a noble family of Mr. Count Landulph and Mrs. Theodora (Aquinas and Regan 22). There were expectations that Aquino would pursue his uncle’s (Sinibald) footsteps to the position of abbot in the Benedictine monastery. He started his education at five years of age in a monastery, and the later proceeded to Naples University. While in this university, Aquinas chose to pursue the Dominican Order, de spite the fact that he faced much opposition from his family. The family even went to an extent of incarcerating him in trying to compel him to follow the family footsteps. However, their efforts failed following Pope Innocent the 4th’s intervention, propelling Aquino to the position of a Dominican monk by 1242. He later studied briefly under Magnus A., then later in Paris. While in Paris he vocally distinguished himself during the University champion Guillaume de St. Amour (Aquinas and Gilby 137). After his graduation from the university in 1248 with a degree in theology, he got back to Cologne and started his literary works. Aquino was described as a humble, peace-loving and simple man who loved poetry. Aquinas and Regan (63) assert that through his great learning and personality, he maintained a great deal of self control which saw him win over his rivals. He even refused to take part in an activity known as flesh mortification, a requirement for every Dominican Friar. Fur thermore, he also declined to hold some prestigious positions such as Naples’ Archbishop. He later went back to Naples with the aim of implementing a program of theological studies in the Naples University neighborhood in 1272. During St. Nicolas feast in 1273, Aquino had a vision in which he had a voice speaking to congratulating him for his great writings. The voice asked him for the reward that he wished to be given and Thomas said all that he needed was God himself (Aquinas and Regan 92). From there henceforth Aquino wrote no more. Earlier on, the Paris Bishop had condemned Aristotle’s teachings which were offered in the university, which also aimed at Aquino’s teachings. Gilby and Aquinas (15) explains that later in early 1274, Aquino left for France on a Second Council mission, but died before reaching there after falling sick shortly. On sensing his death, Aquino said that, that was his eternal rest and he had chosen it. St. Thomas Aquinas left back great works that can never be forgotten. His works were first condemned after his death by the Paris Bishop and there was an excommunication of Aquinas in posthumously. It took quite a number of years for his reputation to be revived; in the mid 15th century, his works were revived and taught throughout Paris, and at this time he was termed as the Dr. of the church (Aquinas, Regan and Baumgarth 140). In the contemporary societies, he is recognized by the Catholic Church in particular as the grand theologian philosopher. His works and their influence on Western