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Literary Elements Of The Flesh And The Spirit - 1472 Words

Literary Elements in â€Å"The Flesh and the Spirit† The struggle between â€Å"good† and â€Å"bad† is a conflict in which the human race faces. For puritans, the common substance is only a shadow and immediate, while everything in the Heavens is interminable. Puritans weigh on self-control and thoughtfulness to keep their hearts clean so that after their passing they can enter Heaven and be eternal. The battle between the common substance and religious confidence is regularly so warmed that one can not generally settle on an unmistakable choice. Anne Bradstreet, the author of the poem â€Å"The Flesh and the Spirit† was a puritan woman who lived in the 1600’s. Anne Bradstreet uses voice, imagery, and metaphor to show her inner clash between the humanly†¦show more content†¦The sister who is named Flesh tries to disclose to her sister Spirit that the world is filled with is filled with things to keep them satisfied. Bradstreet directly says the earth is brimming with â€Å"wealth† and †Å"vanity†. Riches is by all accounts the principle objective of the primary sister, not minding potentially how she comes into this riches, however she is set in her view. Yet, Spirit has diverse points in life. Bradstreet states that Spirits thoughts are elsewhere in a â€Å"higher sphere†. Through Bradstreet’s voice it shows she was a sincerely in order individual, and knew how to express her sentiments obviously, or unmistakably in the dialect of that time. Bradstreet moves from a moderate voice to a more convincing, aggressive and confident voice. The poet is trying to bring some seriousness in to draw the reader and keep their attention. She does this in the following stanza: Dost dream of things beyond the Moon And dost thou hope to dwell there soon? Hast treasures there laid up in store That all in th’ world thou count’st but poor? Art fancy-sick or turn’d a Sot To catch at shadows which are not? (15-20) In these lines, Bradstreet is discussing the discourse between the sisters. Spirit tries toShow MoreRelatedPuritanism And Its Negative Portrayal Of The Body1641 Words   |  7 Pagesthe biggest temptations would be The Body. We can identify this by analyzing Puritanism philosophies, their biblical view of the Body, how they were able to resist this urge, and also their literary work. A work from Puritan times that allows us to further explore this idea would be â€Å"The Flesh and the Spirit† by Anne Bradstreet. In Bradstreet’s writing we are able to see how The Body’s immense power over Puritans was a constant threat. This paper will analyze Puritanism and its negative portrayalRead MoreAnalysis Of Romans 8 : 1-11, Between Good And Evil And Spirit And Flesh2595 Words   |  11 PagesRomans 8:1-11, between good and evil and spirit and flesh. Paul, who confronts many issues in Rome, cannot resolve these oppositions. Rather, he proclaims liberation from the ex istential rupture in human nature, formulated by means of the figures that express opposition between flesh and the spirit, through participation in Christ. Romans 8:1-11 proves that living in the Spirit results in ultimate freedom and everlasting life. This freedom in the Spirit then means that the bondage of the law ofRead MoreJourney The Wardrobe Of Parallels1054 Words   |  5 PagesWhile playing hide-in-seek, the youngest child, Lucy discovers a wardrobe that is a gateway that leads to another world called Narnia. Throughout the story there are significant portrayals of Christianity and spiritual symbolism in this inspirational literary masterpiece. The fairytale The Lion, The Witch, and the Wardrobe reveal characters and events that have symbolic similarities that are connected to the events described in the Bible. According to the Oxford Dictionary, the definition of symbolismRead MoreSemiautobiographical Work- Borderlands/La Frontera: The New Mestiza by Gloria Anzaldà ºa1286 Words   |  6 PagesEvery writer has the ability to make their writing remarkable, beautiful, and complex by using elements like genre, discourse, and code. Borderlands/ La Frontera: The New Mestiza is a semi-autobiographical work by Gloria Anzaldà ºa. She examines the relations of her lands, languages, and herself overall. She defines the borders she has around herself in the preface of the book: â€Å"The actual physical borderland that I’m dealing with in this book is the Texas-U.S. Southwest/Mexican border. The psychologicalRead More Essay on John Milton’s Paradise Lost - Defense for the Allegory of Sin and Death1574 Words   |  7 Pagesmay dislike Milton’s extended symbolism of Sin and Death since it violates the traditional form of an epic. However From another point of view, an allegor y is an acceptable literary component to an epic because it is considered an element of elevated style. Therefore, other readers may see nothing wrong with Milton’s literary decision. Milton’s poetic license entitles him to write as he pleases and therefore justifies his adaptation of an allegory into his epic. It is clearly apparent thatRead MoreEssay on Frederick Douglass Rhetoric Analysis1236 Words   |  5 Pagesnarrative, Douglass uses diction, structure, imagery, and other stylistic elements to persuade people of the evils that slavery inflicts on both sides of society. In order to reveal the truth behind slavery, Douglass demonstrates his point through his use of diction and structure. Through his diction, Douglass uses words to illustrate the barbarity and inhumanity of slavery. For instance, Douglass describes slaveholders as â€Å"human flesh-mongers† and their actions as â€Å"fiendish barbarity† (Douglass, 21, 27)Read MoreRole Of Being Conscience Of Their People And At Numerous Occasions Speak For The Voiceless1396 Words   |  6 Pagesthat are worth others’ time, but failed in the way we live it out. In this modern Arab world, many writers have blossomed with raging talent. majority of them yearned to express their visions of their societies and of the human condition by using literary masks and creating characters that depicted major issues that were faced throughout the Arab world. Some notable writers are Naguib Mahfouz, AhlamMosteghanemi, NizarQabbani, Mahmoud Darwish, GhassanKanafani and ZakariaTamir who were able to brilliantlyRead MoreMetaphor, Metonymy and Vioce895 Words   |  4 Pageson to the metonymic meaning which she defines as the basis of a relation or association other than that similarity. 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What this paperRead MoreNotes On The Messiah And The Psalms By Richard P. Belcher Jr.907 Words   |  4 Pagesabout the historical king of that day but these Psalms also point to Jesus the Messiah. As a result, Royal Psalms are indirectly Messianic. According C. Hassell Bullock in his book Encountering the Book of Psalms (Encountering Biblical Studies): A Literary and Theological Introduction â€Å"The common thread that holds these psalms together is the subject of kingship. The most obvious criteria are that they (1) refer to the Ã¢â‚¬Ë œking,’ (2) mention the ‘anointed’ one as a noun or make use of the verb, and (3)

Role of the Fair Work Commission Dispute Resolution

Question: Discuss about the Role of the Fair Work Commission for Dispute Resolution. Answer: Introduction In Australia, any employer must be informed of the existing bodies and groups that handle the work for the good of the Australian workers. The Fair Work Commission is one of the bodies that work for the employees benefit. The national tribunal involved in handling workplace relations is the Fair Work Commission (FWC) (Fair Work Australia, 2010). This commission has the power to conduct a range of functions regarding workers independently. As a party that works for interest of Australias workforce, it services different functions such as enterprise bargaining, dispute resolution, industrial action, termination of employment, and enforcing the safety net of minimum wages and employment conditions (Employsure, 2017, par. 1). Although the FWC is an independent body, it has the statutory powers established under the Fair Work Act 2009. In fact, it has to operate like the Australian court in handling various workplace matters (Stewart, 2011). Commonwealth of Australia (2008) noted that the commission has the powers to hear disputes and claims related to the employment and deliver a binding sentence that the parties involved must respect. Without a doubt, it might appear that the tribunal was established purely to support and protect the employees (Creighton Stewart, 2010). Conversely, this commission has the primary responsibility and objective to assisting employers and employees in maintaining productive and fair workplaces. Given the significance of the FWC in Australia, this article intends to define its roles in making and approving agreements. The Fair Work Commission The FWC is the eye and protector of employees and its roles are varied but within the scope of workplace relations. Most important, this commission must approve enterprise agreements, set the Australias national minimum wages, resolve disputes defined under the National Employment Standards, agreements, or awards (Cane McDonald, 2008). The law also allows it to act as an arbiter in disputes relating to adverse actions and unfair dismissal. At the same time, the commission has to create and change modern awards to fit the situation and circumstances at work. How does the FWC make and approve agreements? For employees, the worst and the lowest moment is when an employer unfairly dismisses him or her. This depressing situation requires proper handling. The FWC (2016) offers the employees an opportunity to raise such issues because it has the statutory powers to determine an award. Based on the circumstance, the FWC can act on an unfair dismissal by considering financial compensation or reinstatement (Stewart, 2011). However, for the commission to act on such weighty issues, the employee must follow the stipulated procedures in the Fair Work Act 2009 that requires such a person to lodge a formal complaint and stipulate the reasoning. Fair Work Ombudsman (n.d) allows the employee to cite the reasons for believing it was a unfair dismissal, victimized, discriminated against, bullied at work thus seek an order to prevent the recurrence of the situation. Upon the completion of the application, the employee should submit to the commission for assessment and forward the document to the company or employer requesting for responses (Creighton Stewart, 2010). These activities form the basis for the mediation process. The subsequent steps will be determined by the severity of the complaint and the response of the employer. Unfair Dismissals The Fair Work Commission receives over forty percent of complaints relating to unfair dismissals (Acton, 2010). According to the FWC (2017), unfair dismissal is borders on unreasonable, unjust, or harsh sacking of a worker. In most cases, the employees consider nearly all the dismissals as unfair. Nevertheless, the FWC defines it different and conduct independent assessments to verify the situation. Apart from assessing the fairness question, the commission also looks at how such dismissals were undertaken. This does not mean that employers can never dismiss workers, but they have to use fair procedures. For the Commission to determine the procedural fairness, it uses three determinants. Fair Work Ombudsman (n.d) maintains it has to consider whether the allegations were put to the employee detailing the reasons, whether the worker was given appropriate time to respond, and whether the worker failed to respond or responded but his accounts were never considered before the fateful term ination. Making an Agreement Enterprise agreements for the basis of any collective agreements that employers and employees make at an enterprise level regarding the employment terms and conditions (Commonwealth of Australia, 2008). The FWC (2017) provides the guidelines and information about the agreement making process. It has the mandate to assess and approve the enterprise agreements. The commission also handles the disputes arising from the terms of agreements. According to FWA (2010), an enterprise agreement is made between employers and employees through their representatives. For example, in the Greenfield agreements, the employer has to negotiate with organizations or unions to reach the agreements about the employment terms. Australian Government (2016) argues that an enterprise agreement covers the modern awards that offer safety net relating to employment conditions and the minimum pays rates. The agreement also contains wages deductions, pay rates, consultative mechanisms, procedures for dispute reso lutions, and employment condition like meal breaks, working hours, and overtime. The law prohibits the inclusion of unlawful clauses including objectionable and discriminatory terms in the agreement. The bargaining agreement is a time-consuming and stressful process for employers. Sometimes the employees favours a proposal that grants them benefits thus deny the employer a breathing space. Before the approval of such an agreement, the FWC has the responsibility of satisfying (Creighton Stewart, 2010) that the agreement meets the requirements. Sometimes the employers and employees may support the agreements; there could be errors that can prove fatal. Therefore, the commission must check all the grey areas before the adoption. Based on the recent case of CEPU v. Mirait Technologies Australia Pty Ltd (C2015/4054), the firm questioned the decision of this commission in approving the Mirait technologies agreement. The Union contested why the commission approved the agreement because the parties (Russell Kennedy, 2015) had not agreed the enterprise agreement. It was apparent that the majority of the employees approved the document. Unfortunately, Mirait Technologies had submitted two statutory declarations in support of the proposed agreement that were inconsistent (Russell Kennedy, 2015, par. 3). The court identified the inconsistencies and raised eyebrows how the workers approved the statutory before voting. Because of the Miraits appeal, the company would have an opportunity to vote for the proposed agreement. Based on this case, it was evident that the employer attempted to use an external advisor without the expertise to negotiate and adopt this agreement with the employees directly. The law requires the commission to assist these employers, especially following the commissions move to reject the enterprise agreements. Under the FWA 2009 (Cth), any employer-employee agreement should not contain clauses contravening the requirements thus make the agreement unable to meet the overall test (FWC, 2016). The failure by the employer to com plete and submit the agreement or failure to take necessary actions regarding the pre-approval steps as required within a given timeframe. In case of any rejection, the employer has to start the process again thus expose such a stakeholder into a time-consuming, frustrating, and embarrassing task (Hannan, 2017). Businesses experiencing industrial actions can allow the union representatives to renegotiate the rejected agreement and address the contentious clauses. This rejection confirms that employers must follow the due procedures before submitting an enterprise agreement. Russell Kennedy (2015) recommends that the employers needs to consider professional advice when negotiating the agreement with unions or employees directly. Based on this litigation, it is arguable that the FWC plays a critical role in making an agreement based on the laid down procedures. Approving an Agreement The employers who opt to use the enterprise agreement must consider the FWCs approval. This will facilitate the registration of the agreement with the employees. The Fair Work Commission expects the employer to put in places the bargaining representatives that would champion for the employers rights. The organization can also appoint a competent person to handle the situation in writing (Creighton Stewart, 2010). The FWC expects the employees also to have the representatives such as the union. These two parties must agree on the terms of employment to pave way for either party to apply for the FWCs approval. This should be within 14 days after the parties have made the agreement. Under the Fair Work Act, there should be specific clauses to accommodate in the agreement that will make it a complete declaration. Both the parties should have the copies completed and signed by the parties. There should be three original copies that the FWC can give any representative after the approval through emails or any other media. The final step will involve the approval of this agreement (Australian Government, 2016). The FWC has to assess the agreement to ensure it captures all the requirements. For instance, the enterprise agreement needs to consider the dispute resolutions mechanisms, whether it was genuinely agreed, better off overall tests, based on good faith, adheres to the national employment standards, the fair coverage of employees scope, and ensures that employees have not been threatened or coerced into making the agreement. However, in case of any questions, the commission has to seek audience with the parties by attending hearings thus facilitate the approval of the agreement. Based on the statute, the Commission can approve it after 50 days (LegalVision, 2015). Conclusion Based on this article, it is evident that making and approving an enterprise agreement is a process that can prove hectic and embarrassing. For example, the employer and employee must agree on the terms of employment for such an agreement to be approved. Under the Fair Work Act 2009, the Fair Work Commission has the responsibility to provide the guidelines on how the parties make the agreement. The article has thus addressed the aspects of making and approving agreements and resolving unfair dismissal issues in the workplace. References Acton, J. (2010 Nov 19). Where Have All The Cases Gone? Voluntary Resolution Of Unfair Dismissal Claims. Australian Labour Law Association National Conference, Adelaide. Australian Government. (2016, Nov 17). Fair Work Act 2009. Retrieved from https://www.legislation.gov.au/Details/C2016C01108 Cane, P., McDonald, L. (2008). Principles of Administrative Law: Legal Regulation of Governance. Melbourne: Oxford University Press. Commonwealth of Australia. (2008). Fair Work Bill 2009. Explanatory Memoranda. Retrieved from https://www.austlii.edu.au/au/legis/cth/bill_em/fwb2009124/memo_0.html Creighton, B., Stewart, A. (2010). Labour Law, Fifth Ed. Sydney: Federation Press. Employsure. (2017). The Fair Work Commission. Retrieved from https://employsure.com.au/guides/fair-work-australia/fair-work-commission/ Fair Work Australia (FWA). (2010). Annual Report of Fair Work Australia 1 July 2009-30 June 2010. Melbourne: Fair Work Australia. Fair Work Ombudsman. (n.d). Agreements. Retrieved from https://www.fairwork.gov.au/awards-and-agreements/agreements FWC. (2016, Dec 29). Make an Agreement. Retrieved from https://www.fwc.gov.au/awards-and-agreements/agreements/make-agreement FWC. (2017, April 3). Enterprise Bargaining. Retrieved from https://www.fwc.gov.au/awards-and-agreements/agreements/about-agreements/enterprise-bargaining Hannan, E. (2017, Feb 8). Fair Work Commission Ruling Opens Way for Back Pay Claim. The Australian. Retrieved from https://www.theaustralian.com.au/national-affairs/industrial-relations/fair-work-commission-ruling-opens-way-for-backpay-claim/news-story/af289ba51619d91f13d0fd49195af521 LegalVision. (2015, Aug 6). How Does the Fair Work Commission Approve an Enterprise Agreement? Retrieved from https://legalvision.com.au/how-does-the-fair-work-commission-approve-an-enterprise-agreement/ Russell Kennedy. (2015, Aug 5). Enterprise Agreements and the Important of Obtaining the Support of the Fair Work Commission (and not just Your Employees). Lexology. Retrieved from https://www.lexology.com/library/detail.aspx?g=7a9162d3-0baf-4c82-9065-50dba3ad238a Stewart, A. (2011). Fair Work Australia: The Commission Reborn. Journal of Industrial Relations, 53(5).

Toqueville And Freedom Essays - Democracy, Community Building

Toqueville And Freedom Political Freedom: Arendt and de Tocqueville Freedom in America emanates from the state of political freedom held by the citizens. Both Hannah Arendt and Alexis de Tocqueville provide criticism of the apparent shape freedom maintains in America as well as insight regarding how they perceive true political freedom. By using the observations and criticisms of de Tocqueville and the vision of Arendt, the position of modern America and its relation to the ideals of political freedom can be understood. It is necessary to understand de Tocqueville's observation of equality in order to make the distinction of democracy and how freedom relates to it. According to de Tocqueville, democracy requires an initial ingredient of civil equality. Civil equality is the absence of social divisions and barriers. The necessity of equality then leads to individuals and the deconstruction of community bonds. This occurs because the presence of community requires separate social classes and dependencies based on the class relations. De Tocqueville says, ?equality places men side by side, unconnected by any common tie? (de Tocqueville 194). Individuals' needs and desires in society evolve into individualism and the further pursuit of one's self-interest. Political liberties and freedoms are thus sacrificed in attempts to satisfy the private appetite for personal gains. De Tocqueville maintains that, Selfishness blights the germ of all virtue; individualism, at first, only saps the virtue of public life; but, in the long run, it attacks and destroys all others, and is at length absorbed in downright selfishness. (De Tocqueville 193) Such selfish disassociation from society equates to tyranny of the majority under the despotic rule of centralized government because citizens no longer find reason or a feeling of responsibility in terms of a public realm that offers no direct personal reward. The collapse of public responsibilities is rooted in the growth of private desires. Alexis de Tocqueville takes democracy down a miserable path where citizens become divided and governments become despotic and centralized. The morals of society collapse, connections dissolve between citizens, and freedom produces private animosities, but despotism gives birth to general indifference (de Tocqueville 195). Democracy in America does not end in despotic centralization; it concludes with the realization of the need for political freedom and the insinuation of power into the citizens through associations. In order to combat the evils which equality may produce, there is only one effectual remedy, --namely, political freedom (de Tocqueville 197). Political salvation in America does not seep from the national government, nor does it fester within the states themselves. De Tocqueville recognizes associations, which are the political forces beyond the sphere of institutional government, as the necessary means of preserving political power of the majority and political freedom in democracy. If men living in democratic countries had no right and no inclination to associate for political purposes, there independence would be in great jeopardy; but they might long preserve their wealth and their cultivation; whereas, if they never acquired the habit of forming associations in ordinary life, civilization itself would be endangered. (De Tocqueville 199) Associations offer salvation where governments fail to preserve themselves. Without politics beyond the government there cannot be politics within the government except for absolute despotism. For Arendt, the circumstances that inhibit political freedom and those that establish it are of equal importance. This helps in developing the necessary means involved in obtaining political freedom. There ?should be no reason for us to mistake civil rights for political freedom, or to equate these preliminaries of civilized government with the very substance of a free republic (Arendt 220). Arendt has established civil rights as an entity separate from political freedom. Civil rights apply to liberation and not political freedom, because civil rights do not necessarily assume the presence of freedom. Civil rights can be granted to a population under the rule of a tyrant in the form of a law, but when the population is not part of the formation of such a law then political freedom does not exist. According to Arendt, the presence of poverty further suppresses the possibility of political freedom. If individuals are forced to focus their efforts towards the fulfillment of biological needs such as food and shelter then they cannot possibly be political. Capitalism also prevents