Saturday, August 31, 2019

Fashion 1890-1900

FEMALE EVENING WEAR COSTUME IN 1890- 1900 GAY/ NAUGTY NINTEIS REASERCH SEMINAR IN THE HISTORY OF COSTUME Table of contents Introduction†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. †¦1 History and Events†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. 1 Art and Architecture†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦4 Fashion in the 1890s†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦6 Conclusion†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 11 Appendix†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦12 Bibliography†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦22 â€Å"Humanity takes itself too seriously. It is the world's original sin. If the cave-man had known how to laugh, History would have been different. † Oscar Wilde Introduction: 1890s-1900 England was under the reign of Queen Victoria and the industrial revolution was at its prime.There was a wea lthy middle class emerging, and new artistic movements began developing. The 1890s was referred to by a number of names for example in America it was known as the ‘Gay nineties’ as opposed to Britain where it was known as the ‘Naughty nineties’ or the ‘Gilded age’. At this time Britain was the strongest, most stable empire in the world and these years were quiet and peaceful as there was hardly any conflict. This scenario encouraged the speed of the industrial revolution, which encouraged economic growth.The Bourgeoisie were accumulating wealth, which enabled them to have more spare time for social and recreational interests. In this paper I will be reviewing the events, culture and clothing from the 90s, which was under Queen Victoria’s reign within the context of world history, art, politics, economics and social change. Social, political and the industrial changes influenced the clothing of the decade, and brought forth a dramatic exp losion in design of women’s clothing which eventually influenced the future fashion. Historical background of 1890-1900 The Victorian age was drawing to a close.Queen Victoria had reigned since 1837, and during that period Britain had become the most important global force based on her supreme naval power. Since the death of her beloved husband Albert, Victoria had become a virtual recluse, dressing totally in black for the rest of her life. When Victoria died she left behind an industrial country with a developed network. (a. 1) Conquering colonies During the Victorian period, Britain’s ambition was to extend its control of areas beyond the seas, mainly in establishing colonies and taking over areas in Africa, Asia and the Far East.The British Empire took control of East Africa, intending to create unity and territorial contiguity between the colonies in Southern Africa. (a. 2) Queen Victoria put an emphasis on ethics and values, which reflected both on society and Go vernment. She had a lack of tolerance for crime, which filtered to other countries outside of the UK due to the influence of the British Empire abroad. Britain in the 1890’s was the most powerful force in the world. Although Britain had been at war for much of the Victorian era, industry and economy had continued to grow, and the 90’s was considerably quieter which only accentuated the growth.It was a decade of reconciliation and peace in Europe. Meanwhile over ‘the pond’, the USA was beginning to step forward in the international arena as a new powerful leader. Despite a severe economic crisis (1893- 1897), and with a new Republican President, McKinley, the US went to war against Spain concerning the Philippines, Cuba, and Puerto Rico in 1898. Industrial Advancement The last decade of the 19th century marked one of the most rapid developments of human history. This industrial revolution dramatically changed the way of life.At the beginning of the 19th cen tury people depended on their own physical strength, and the use of animal power, which helped them with transport and farming and communication. However with the development of industrial machinery, mass production became the accepted mode. Mass production also resulted in the improvement of the quality of food people ate. Food was distributed quicker thanks to improvements in transportation, and therefore arrived fresh, which in turn improved the health of the people.Thanks to both advancements in industry and medicine, general health improved, meaning people were fit and well to achieve greater goals inducing a huge advance in economic development, social life, the arts and science. Since the development of industry there were more jobs available, and a newly formed middle class began to emerge, which bridged the existing gap between the rich and the poor. This, in turn, made the members of the higher bourgeoisie feel uneasy about their position in society, and they were constant ly searching for new ways to uphold and improve their status.A major way that they achieved this was by the changes that were made in the world of fashion at these times. (Phillippe, P. 1981. P8) People started to look for a different life other than plowing fields and working in agriculture. They started to move to the cities to work in factories and shops, giving them high hopes for something better than they had previously. Railroads, telephones, bicycles and the beginning of the development of the car encouraged people to enjoy life and mingle and socialize, something that was previously only reserved for the higher class.They found entertainment outside the home by going to picnics, fairs, parks and restaurants. Thanks to electricity, meaning light in the evenings, nightlife also became popular. Although life seemed brighter for most of the 90s it was far from easy. Salaries were low, hours were long and work was hard. Nevertheless, people enjoyed living beyond their basic need s and were willing to find the time and the money to enjoy the richer things in life. As a result fashion, once only affordable to the wealthy, also became an interest to the middle classes and in turn more affordable.Women’s Rights  ¬Ã‚ ¬The Victorian period had seen a rise in the number of gender equality laws being passed and the advancement of the rights of women was in the air. It would not be long before they would win the right to vote, however even without suffrage, the rights of women in the 90’s were advancing. More and more women were entering into the workforce than before. In turn, women were also becoming active in areas once primarily only the territory of men. They started to play sports, ride bikes which can explain how their fashion started to change so dramatically.It is during this time that the trouser, known as â€Å"bloomers†, arose. Prior to this time trousers were not acceptable. Many women had adopted the tailored suit, which was a re flection of the change of the status of woman. (We will go further into this point later in the essay. ) Technology and Science: The Industrial Revolution brought many new inventions. The change in basic fundamentals led to a tremendous amount of development and speed of work, Iron, chemicals and recently available electricity helped production enterprises grow, providing raw materials which were used, by the brand new car and aviation industries.Communication across the nation was increased by the use of the telegraph and telephone, while railways expanded hugely. There was also a science revolution occurring at the same time, which complimented the advancement in industry with regards to â€Å"new science† including, chemicals and electricity. In addition there was a huge advancement in medicine, including the production of X-Rays by Wilhelm Conrad Rontgen (a. 3) in 1895 and the development of aspirin by the German chemist Felix Hoffmann. Art and Arcitecture:The end of the 19th century was a period of great prosperity and even complacency. In England in particular, critics and artists were unhappy about the general decline in the craftsmanship caused by the industrial revolution, and hated the very sight of cheap and tardy machine-made imitations of ornaments. Artists dreamed to reform the arts and crafts, and â€Å"they longed for a new art† (E. H. GOMBRICH) based on a new feeling for design and possibilities inherent in each material. Art Nouveau was created. It is through art, and through art only, that we can realize our perfection. † Oscar wilde. Impressionism The Impressionist movement, which appeared in Paris in 1867, and continued till the late 19th century, was created by Edouard Manet, and other various artists. The artistic movement looked for a way to discover and represent nature as we see it. They decided that if they would trust their eyes and not their set ideas of what things ought to look like according to academic rules , they would make the most stimulating discoveries.The well-known painting, Sunrise, painted by Claude Monet was displayed at a Paris art show, and because of the irregular texture, it caused one critic to call the whole exhibition impressionist, which gave the movement its name. The technique that was used was quick, broken brushstrokes, light, vibrant colours and bright, contrasting colours. (E. H. Gombrich p. 392) (a4) fashion was extremely influenced by this movement, bright and vibrant colours and the contrasted colours were used in many different garments. Art nouveauIn the early 90s, a new mass artistic point of view developed in Europe. Based on mood, feeling and abstract form, it was the first European artistic movement since the rococo. Art nouveau was based on abstract and swerving curve shapes. The movement had a very visual language, which reflected in all different areas of design for example furniture, architecture, books, illustration, painting and clothing. The arti sts of this movement took inspiration from nature with its flowing symmetric and organic elements. They studied the roots, branches and other different forms of nature.Primarily using nature and harmonization of the environment, they also were inspired by Japanese design and other past inspirations styles such as gothic, rococo and arts and craft style which also incorporated floral elements. We can see a lot of these elements in the fashion of the time for example, Floral embroidery, curvy lines and shapes. Aubrey Beardsley rose to immediate fame all over Europe with his sophisticated black and white illustrations. In France it was the flowers of Degas and Toulouse Lautrec which applied a similar economy of means to the new art of the poster.Toulouse Lautrec had learned from Japanese prints just how much more striking a picture could become if modeling and other details were sacrificed (E. H. Gombrich p 406) (a. 5). The success of art nouvea ¬u had taken hold of architects and de signers who were tired of the traditional routines they had been taught, Architects now were experimenting with new types of materials and new types of ornaments. Art nouveau style buildings first appeared in Brussels, however construction sites were relatively small and the laws of the city were harsh with building regulations.For example construction of balconies and rooms were monitored, and architects had to work within these regulations. One of the first houses designed from nouveau design was the Maison Tassel in Brussels. Its highly innovative plan and its ground breaking use of materials and decoration show the characteristics of Art Nouveau. (a. 6) Other artists that belonged to this movement were Gustav Klemt, and Alphonse Mucha.  ¬Ã‚ ¬ Symbolism In the late 19th-century there was another movement called symbolism, which expressed mystical or abstract ideas through the symbolic use of images.It mainly developed in Europe and was a reaction to impressionism (1867-1886 one of the major and most significant arts based on experience of colour, sunlight, shadows and with visible brush strokes).  ¬Based on the artistic movement romanticism, this style art was made of shapes and images. Symbolist painters believed that art should reflect an emotion or idea rather than represent the natural world. They felt that the symbolic value or meaning of a work of art stemmed from the recreation of emotional experiences in the viewer through colour, line, and composition.In painting, Symbolism represents a synthesis of form and feeling, of reality and the artist's inner subjectivity. Artists from the symbolism movement are Paul Gauguin, Gustav klimt, Edvard Munch and Gustave Moreau. (a. 7) Oscar Wilde (1854 – 1900) In the late 19th century Britain finally found the time to embrace literature and poetry. Oscar Wilde became the most popular play writer of his day writing many short stories, plays and poems that had a lot to do with society, fashion, and art a t the time. He was a major influence in society and some people even said he was born before his time. (Holland, v. p9) (a. ) â€Å" I am the only person in the world I should like to know thoroughly. † Oscar Wilde. Costumes of 1890 – 1900’s Introduction The fashions of the 19th century can explain a lot about the era of the time with regards to society and the situation it was in. With the introduction of new inventions such as machinery and most importantly the sewing machine, fashions were able to evolve and progress. This century shows many reforms in fashions for women some more successful than others. These clothing types did not purely change with regards to the shape of the silhouette, but also the fabrics and colours being used were evolving too.The clothing and designs for women took priority at these times over men’s fashions. Although men’s fashions were not involved in great change, Europe saw clothing for men designed to suit their â €˜passion for riding’. (Brooke, I. ) Materials in the 1890’s went through a change, because of the availability of new machinery it was possible to experiment and use different materials for different garments. Suits were made of either tweed or stiff cloth whereas dresses were made from silk and satin type materials. Decoration such as bows, lace, jabot and frilling became a major theme for this period of time. (Waugh, N. 1968. 231) Another benefit of the new machinery was the introduction of Haute Couture which was made by a number of fashion houses such as, Charles Fredrick Worth and Jacques Doucet. (DeMarly, D. 1980. ) (a. 9) Change in costume The 1890’s saw a major change in the silhouette of women. The hourglass shape was introduced in the late 19th century. The most dramatic feature of the change in costume in this period of time was the exaggerated waistline, which was made so tiny that it is seen as the most minute waist in history. It became so smal l that it gave the impression that the woman’s figure was split into two parts that met in the middle.The term given to the figure of this time was the â€Å"Wasp Waist† (a. 10). The shape consisted of a ballooning sleeve(a. 11), slim waist and widened skirt with the main aim to accentuate the womanly figure (Laver, J. 1929. P82). The sharp contrast in shapes was a deliberate ploy to make the waist seem smaller than it actually was. Previous to the 1890’s, gowns were seen as much simpler in design and instead of using the idea of a fuller skirt the emphasis was put on the sleeves. The bigger sleeves came into place in the middle of the decade. This idea of voluminous sleeves led to a further change in clothing, more specifically the outerwear.Coats were of great difficulty when it came to putting them on over the exaggerated sleeves therefore capes and shawls came in place of the typical coat style (a. 12). They were made in a variety of lengths, shapes and coll ars (Boucher, F. ). Towards the end of the century the silhouette reverted back to a more natural shape and the â€Å"Wasp Waist† gradually changed into the â€Å"S Shape†. Sleeves became tight with a slight puff at the shoulder. Eveningwear tended to include â€Å"small bouffant sleeves† (Boucher, F. ), whereas daywear portrayed â€Å"semi gigot sleeves† (Boucher, F).The era of the 1890’s was known in the United States as the era of the ‘Gibson Girl’ (a. 13). The Gibson Girl was a modern portrayal of the ideal women of the time, created by the artist Charles Dana Gibson. This girl was known as the ‘new woman’ of the time. This ideal woman was not purely based on her looks, but for the first time on her personality and abilities too. The Gibson Girl was seen as a symbol of thousands of American women. She was tall and petite, with a heavier bosom and fuller hips and bottom. This figure was achieved by the use of a ‘S wan Bill Corset’.This was the first time the idea of a corset was used to give a woman an ‘S Curve’ figure, which was not generally seen until the 1900’s. However, this perfect figure was not all the ideal woman in America had to have. The Gibson Girl not only portrayed beauty, but also a strong personality where education was just as important as the way she looked. Having said that, although education was becoming increasingly more common for the new woman, the idea of women being as equal to men when it came to decisions being made in society had not yet been accepted (Gordon, L.D. 1987. P211). Fashions of the time Costumes in the nineteenth century, as in most eras inevitably changed and evolved. Garments came in and out of fashion and were constantly being evolved and adapted. Different layers of clothing increased the number of changes to the ideal woman’s silhouette. In addition to this, society was adapting its attire to the increase in extr a and new activities. For every occasion an expected costume was worn. For each event or occasion at the different times of the day and season there were various acceptable outfits.With the explosion of bourgeoisie throughout Europe more and more women of different social classes were wanting to feel accepted into different societies by having a number of alternative costumes for each individual occasion. The creation of dresses such as, ‘tea dresses’ which were worn predominantly for afternoon teas with a group of women, were extremely common, as well as ‘house dresses’ which also became a staple part of a higher class woman’s wardrobe. (Phillippe. P. 1981. P8) Skirts This era saw the rise of the fuller and more extravagant skirts.This rise was due to the crinolines and the bustles from the previous decade, which had gradually been reduced by the time this decade arrived. The skirt was fairly straight at the front whereas generally in evening wear, the back consisted of a more exaggerated train with a larger amount of material being used to make it. This shape created an almost ‘flower shape’ skirt and because of the style and shape of the skirt it was custom for women to hold the train with one hand as they walked which revealed the petticoats frills that was made out of taffeta or lace.In the middle of the decade the sleeves widened this can be reflected to the skirt that also went through this adaptation. Due to this change it aided the portrayal of a smaller waist. Compared to the last decade these skirts were less decorative than the previous ones as well as being easier to wear in order for women to be able to partake in the newer activities of the time. This ease of skirts enabled women to follow the changes of women of the period of time. Towards the end of the decade the skirts became tighter around the thigh and narrow along the legs. (a. 4) Tailored Suits The tailored suit had been introduced to men man y years prior to the 1890’s however by the time the Industrial Revolution had begun more and more women had become increasingly more in need of alternate costumes for the different and newly available jobs to them. In addition, with the introduction of new machinery for the first time ready-made shirts, blouses, skirts and tailored jackets were easily available from a shop shelf, unlike previously where every garment was tailor made. This modernized idea made it available to almost all classes of women (Renrolds, C. 989. p45) The suit was seen as a suitable and appropriate outfit for any daytime activity and any time of year. The three pieced tailored suit, which included a skirt, jacket and shirt-blouse was first introduced and worn by women in England (a. 15). The shirt-blouse influenced the bodice of the dresses. The suit was created by a â€Å"very tight jacket – bodice, with small basques forming a postilion at the back, and a double skirt, the upper part of whic h was slightly caught up. † (Boucher, F. 1987. P401). The BlousePrevious to these times shirts were seen as a very masculine piece of clothing, however with the changes of the women’s role in society it had become more acceptable and common for women to wear their own version of the male shirt, known as the ‘blouse’ (a. 16). The blouse was fully feminine with excessive decoration made from lace, high collars, sleeves and if the blouse was a more simple style it would often be worn with a male-styled necktie. It was seen as an extremely important fashion statement of the time, and was mostly made from light coloured fabric in contrast to the darker coloured skirts and jackets.Bloomers The first bloomers were introduced in 1849 by the renowned feminist Mrs. Amelia Jenks Bloomer. She created them as a solution to the problem for the unladylike issues with women riding on penny-farthings (bicycles) however the idea did not catch on. Although a year after Amelia Bloomer’s death in 1894 her ideas began to become increasingly more popular. (Gersheim, A. 1963. p80) Bicycling had become one of the most popular activities for women to take part in. This in turn resulted in yet another important costume for which women needed.The costume included the newly divided skirt or knickerbockers (baggy trousers), which came down to just over the heel. This enabled the women to have more freedom in partaking of their new sport (a. 17) (a. 18). The undergarments Although clothing was becoming more masculine, undergarments were becoming increasing more popular for women. Undergarments were starting to resemble more of today’s underclothing with the introduction of new materials such as lace, taffeta, silk and lavish colourful ribbons. Even though these undergarments were invisible they were seen as a luxury to women, and they were considered particularly erotic.The corset as in previous decades was an important factor of women’s costum e, however it was now worn over the petticoat and was made into a more shortened form with tighter lacing. The corset was boned and aimed to create the desired ‘Wasp Waist’(a. 19). The petticoat also took an evolutionary change in these times, as they were made from coloured silk and pleated or trimmed with lace. In 1891, the standard petticoat was made with ‘drawing strings’ behind and trimmed with one or two frills of scalloped embroidery (a. 20). Drawers were a type of under trouser that was as wide as the petticoat (a. 1). They were made with frills and were and often in different colours. In addition an alternative style was produced in the style of an overall. However it was only worn occasionally depending on the over-garments being worn. (Cunnington, C. W. 1992. p196) Accessories A huge emphasis of this era was accessories, more specifically, the hat which was known for its excessive decoration. Fur, velvet, ribbons and flowers were just a few of th e different decorations that could be seen on hats at this time. It was a sign of the new independent woman of the time.Hats came in all shapes and sizes, and as with clothing there were different styles for different occasions (a. 22). Gloves were also vital accessory at this time too. It was especially seen as proper etiquette to wear long gloves to the elbow in the evenings (a. 23) as well as a fur muff (a. 24), whereas during the day more casual gloves were worn made of materials such as leather. Other accessories seen at these times were fur or feather scarves as well as sun umbrellas made from lace. Handbags were also seen at these times however they were not used for the same purposes as we use them today.They were extremely small and either knitted or embroidered. Shoes were often seen in a number of styles 9(a. 25). Leather ankle boots, with a small round heel, were worn during the day and were accessorized with buttons, laces or elastic Evening shoes were in the form of ba llerina pumps, and were embroidered or with ribbons around the ankle. Eveningwear A big part of costumes in the 19th century was the eveningwear. Eveningwear was extravagant from the dress to the accessories. The dresses consisted of a lower bodice than the daytime wear, They were cut in a square V shape, rounded V or a round shape neck(a. 6). Dresses also could be seen with shoulder straps, and over exaggerated sleeves could be seen during the middle of this decade. However towards the end of the decade sleeves became tighter fitting. Trains were not so common in ball gown dresses however, but for other evening dress styles they were commonly seen(a. 27). evening gowns were genaraly made from velvet, muslin, satin. They were also embroidered. (a28) Accessories that could be seen in the evenings were jewels, diamonds, tiaras, hair ornaments, broaches, necklaces and fans (a. 29. 30). This added o the effect of luxury to any outfit. Hairstyles in the evening were usually pinned up int o a bun shape; waves and curs were also common. (Waugh, N. 1968. P229) Conclusion This era can be seen as a major influence to the history of clothing and accessories. The changes of this decade can be seen to be an influence not only on these times but also today’s fashions too (a. 31,32). Pieces of clothing such as puff sleeves and high waited skirts have slowly crept back into our wardrobes along with muffs and smaller evening bags, which have become one of the 21st century’s staple items for women.The influence of the industrial revolution brought about many changes to styles and materials. It aided the creation of ‘off the shelf’ clothing and was a symbol for diversity between different classes of people. For the first time the middle class society were able to keep up to date with the latest trends not just in the evening but also whilst they worked. â€Å"Fashion is a form of ugliness so intolerable that we have to alter it every six months. † Oscar Wilde Appendix 1. Queen Victoria, c. 1890. 2. Map of british Empire in 1890. 3. Mrs.Rontgen's hand, the first X-ray picture of the human body ever taken. photos courtesy of NASA 4. claude monet Impression, soleil levant 1872 5. Alphonse Mucha-F. Champenois Imprimeur-Editeur, lithograph, 1897. 6. Stairway of Tassel House, Brussels 7. Edvard Munch The Scream 1893 8. Napoleon Sarony Oscar Wilde 1882 9. Jaque Doucete, womans suit costume, 1894 10. Standart Desugner 1897 April. 11. Mora-83 Rundle street Adelaide at Port Adelaide 1895 12. Delineator, November 1897 13. circa, Gibson Girl, 1900 14. Delineator, Afternoon Dress, October 1896 15.Charlles Frederick Worth, walking suit, 1895 16 Illistration of the Gibson Girl wearing The Blouse 17. Harper's Bazar, April 1894 18. T. de Thulatrup, New York 1890s 19. 20. Matropoline museum, New York 1890’s 21. Harper’s Bazar, November 1892 22. Standart Designer, April 1898 23 Delineator, 1898 24. Harper’s Bazar November 1893 25. Metropoline Museum New York 1989 26. harper’s Bezar Febuary 1894 27. Harper’s Bazar, 1894 28. Mertopolin Museum, Fabrics from the 1890s 29. Harper’s Bazar January1897 30. John Singer Sargent, Ada Rehan, 1894 31. Dolce & Gabbana w/f , 09 32. Alexander McQueen, s/s 2007Bibliography  · Brook, Iris. English Costume of the Nineteenth Century, London 1929  · Renolds, Caroline. New York Fashion. The Evolution of American Style. Milbank NY 1039  · Hansen, Henry Harold. Costume Cavalcade. London 1954  · Boucher, Francois. 20,000 Years of Fashion. The History of Costume and Personal Adornment. 1987 NY  · Blum, Stella. Paris Fashion of the 1890’s. NY 1989  · Perrot, Phillippe. Fashion of the Bourgeoisie. Preston University Press 1981  · James Laver. English Costume of the Nineteenth Century (1929). A & C Black Ltd.  · Gersheim, Alison. Victorian and Edwardian Fashion. 1963 NY  ·Liltek C.Cunnington Phyllis. The History of Underclothes. New York, Dover Publication Inc. 1992  ·Buck, Anne. Victorian Costume and Costume Accessories. Quite Specific Media Group 1997  · Waugh, Norah. The Cut of Women’s Clothes. 1600-1930 (1968) University of Michigan  · DeMarly, Diana. The History of Haute Couture 1850-1950. London Bastford Ltd. 1980  ·Gordon, D. Lyne. The Gibson Girl Goes to College. University of Rochester, John Hopkins University Press Vol. 39, No2, 1987  · E. H. Gombrich. The Story of Art. The Phaldon Press, London 1980  ·Vyvyan Holland. The Complete Works of Oscar Wilde. London and Glasgow 1984

Friday, August 30, 2019

Nakata’s Story Essay

He does after all state in an interview on the authors official Murakami website (:http://www. randomhouse. com/features/murakami)) â€Å"Myths are the prototype for all stories. When we write a story on our own it can’t help but link up with all sorts of Myths. † His works explore how ancient myths can impact the lives of even a normal teenaged boy like Kafka Tamura, and how those myths interweave with Japanese culture even in today’s more Westernized Japan. Kafka’s journey begins in a library which I would interpret as being key to understanding who Kafka is. He loves reading and books and has been taught to value knowledge. In a very real sense this is true for Kafka since knowledge is the one thing that will ensure his survival on his journey of self discovery. There Kafka meets a young trans-gendered librarian named Oshima who suffers from a form of rare hemophilia. Oshima also acts as a guide who leads’s Kafka to the gates to the underworld. This is where Kafka will discover what truly happened to his mother and sister, as well as what kind of man his father really is. The final guide on Kafka’s Journey of self discovery is the Head Librarian of the Komura Library, Miss Saeki. Kafka gets the strangest feeling when he is around her that she might be his long lost mother. This is where the novel starts tying into the Ancient Greek myth of Oedipus. The tale of Oedipus( Sophocles, The Oedipus Trilogy; Project Gutenberg: http//www. gutenberg. org) is from a play by the Greek playwright Sophocles about a King who is told by fortune-teller that if his pregnant wife bears a son that the child will grow up to kill his father, and have sexual relations with his mother. The play is very tragic but Murakami’s story although tragic in some places is filled with a very subtle light. Kafka has some rather severe issues regarding the disappearance of his mother when he was four. As a four year old he was told by his father that much as Oedipus he would end up in an incestuous relationship with his mother. In a way this becomes a self fulfilling prophecy for Kafka as he falls in love with Miss Saeki whom he suspects is his mother. He states to his spirit guide Crow â€Å"I am in love with Miss Saeki. † (p. 400 Kafka on the Shore: Vintage Paperbacks, 2005) and from this point on Miss Saeki becomes the focus of his obsession. Kafka feels conflicted over his mother’s abandonment. He never understood why his mother left, and apparently his father never explained to him why she left. Part of this sense of abandonment is what has lead Kafka to run away from home. Shortly after arriving at the library Kafka finds himself unconscious in a pile of brush at the side of the road with no memory of what had happened to him. He is covered in blood yet un-injured, and he calls Sakura for help. After she picks him up they have a sexual encounter at her apartment. After this he heads back to the library and decides he cannot return to the hotel he has been living in. Oshima offers Kafka the option of remaining in a cabin that Oshimas’ family owns in the mountains until Oshima can arrange for Kafka to take up residence in one of the rooms that is available at the library. It is here that Kafka begins to wonder if his experience with Sakura was the right thing to do as he suspects Sakura is his sister. Upon moving into the library Kafka hears from Oshima the tragic story of Mss Saeki’s life. According to Oshima â€Å"Miss Saeki’s basically stopped at twenty, when her lover died. No, maybe not age twenty, maybe much earlier†¦.. I don’t know the details. But, you need to be aware of this. The hands of the Japanese Dreams clock buried inside her soul ground to a halt then. Time outside, of course flows on as always, but she isn’t affected by it. † (p 161; Kafka on The Shore; Vintage Paperbacks, 2005). It is from this point that Kafka begins to develop an almost Oedipal obsession over a woman who may, or may not be his biological mother. It is also around the same time that Kafka discovers that his sculptor father has been murdered in a rather gory fashion in Tokyo. It is from here that Kafka’s tale takes on a truly dreamlike quality when he flees to Oshima’s cabin in the woods fearing that he will be accused of the murder of his father. This is what leads into the tale of the second main character.

Thursday, August 29, 2019

How Can Play Promote the Learning of Science in the Foundation Stage Essay

How Can Play Promote the Learning of Science in the Foundation Stage - Essay Example The outdoor environment especially offers a wide and unrestrained range of possibilities to kindle children's inherent inquisitiveness. As the word foundation implies the foundation stage, as a statutory phase of the national curriculum for the United Kingdom, is vitally invested in the process of creating a solid basis for later learning skills as it operates to foster in children an enthusiastic commitment to the entire learning process. The heart of educational success is to inculcate in the child the lasting incentive for really wanting to listen, to figure out, to reflect, to go on questioning, and to work constructively and respectfully with peers. Carefully designed and engaging activity affords the best occasion for learning, whether indoors or outdoors (Hurst, V. 1997:76). For children to have rich and stimulating experiences, the learning environment must be well-planned and well-ordered. The curriculum suggests the ideal framework within which children are drawn to explore, test, devise, question, and reach decisions for themselves, enabling them to authentically learn, grow and expand their horizons. (Cu rriculum Guidance 2000:12) A competent practitioner understands how to design fully adaptable resources and settings that arouse children's inquisitiveness and then make the most of each child's individual show of interest by asking challenging questions, stimulating reflection and fostering investigation. Young children can be guided to quite thoroughly explore the natural world by making broad use of their fives senses, smelling things, feeling textures, listening to and identifying sounds, noting shapes and materials, and talking about and sharing their discoveries, as well as asking more questions and recording or illustrating their findings using a variety of skills (Wood, E. and Attfield, J. 1996:104). Well-thought-out play can be a strategic means by which children catch on delightedly and engage in the learning process with enthusiasm. The foundation stage also proposes to develop a sound early basis for future reading, writing, and math proficiency in preparation for key stage one of the national curriculum (Curriculum Guidance 2000:8-9) Some experienced practitioners are inclined to feel that, often enough, precious little play can be incorporated into early years settings when an undue amount of attention must be invested in the task of introducing and nurturing basic reading, writing and math skills (Wood, E. and Attfield, J. 1996:11). In extensive studies of early years practice, a number of educators have put forward serious concerns that the premature initiation of very young children to basic skills is not only liable to, but actually does, disaffect slower learners who find themselves struggling mightily with the effort. In fact, some practitioners assert that such undue demands on certain susceptible youngsters may result in significant harm to their self-esteem and future incentives to learn at all (Fish er, J. 1996:37). Ultimately, the actual mastery of required basics must depend not only on the practitioner's success in awakening children's interest in learning but in the added competence of being able to make each subject accessible with respect to a multiplicity of

Wednesday, August 28, 2019

Oil and gas Essay Example | Topics and Well Written Essays - 500 words

Oil and gas - Essay Example Hence, equip with adequate expertise meant for managing and being a leaders in this globe’s dynamic as well as fastest growing sector.  I also have some knowledge on first aid. At the oil fields, with ease and heightened precision I can assist in handling minor casualties that entail immediate intervention before taken to specialized treatments. Generally, I can assist the medics in maintaining and checking stocks of emergency supplies, inspecting both cooked and raw foods, and testing the supplies of drinking water to determine whether they are clean. Enrolling in the Oil and Gas program will help equip me with the skills needed to support various professional or management careers in the worldwide petroleum industry. The program offers comprehensive as well as advanced information regarding both upstream and downstream operation of a petroleum firm. The program also stresses on the need of me focusing on exploring the emerging technologies and major challenges, which affect the future, exploration, and production of oil and gas. Additionally, the program focuses on pivotal issues for Petroleum industry professionals/managers such as health and safety management, petroleum economics and contracts, and project and quality management. Certainly, the program is ideal for me since I have interest in careers that deal with energy and hydrocarbon; more specifically oil production, processing, and transactions. The program, therefore, is likely to enhance my commercial, non-technical and technical skills. The program will help prepare me for the challenges in worldwide employment market as well as develop or strengthen my broader professional and personal skills that I will acquire as I advance in this field. Furthermore, the program offers practical career workshops and to its participants a prospect to experience various

Tuesday, August 27, 2019

ENG DB3 Essay Example | Topics and Well Written Essays - 500 words

ENG DB3 - Essay Example The exile of the Jews by God was enough for them to believe that Jews had literally no place by their name on this world. The Zionists continued to work towards the settlement of their tribesmen irrespective of the oppositional cry. They developed the Jewish National Fund in 1901 with the help of the World Zionist Organization. With this fund they planned on buying lands in not only in Palestine but also Syria, various parts of Turkey and some areas of Sinai. These lands were carefully taken over solely for the settlement of the Jews. After purchasing the lands at very high price the Zionists were determined to keep it and also wanted it to be run by their own people instead of Arab farmers. They devised a plan of employing the Arabs in transit to another country so that they may be excavated instead of being thrown out of the land. Nearly five hundred and thousand people have been living in the West Bank against international law since 1967 despite the denial by the Israeli governme nt. The colonization of Palestinian state led to severe bloodshed. Along with Britain, the Zionist body got together to clear the land of Jerusalem. The protection of the Jews became the chief motif in this regard. A British Embassy was establish to keep track of any report which went against the protection of the Jews. Even the Ottoman Empire was requested to give room to the Jewish settlers while their permanent residence was arranged by the higher authority. All this was done under Lord Palmerston in 1839. This way the British influence over the Middle East started to grow progressively. Israel has been avoiding Arab invasion in the premises of the Green Line ever since September 1997. This problem is being attempted to be solved by moving the Bedouins away from the towns of Negev and Galilee where they are mostly populated. The Jewish population remains under scrutiny for its suspicious moves against innocent

Monday, August 26, 2019

Joseph story Essay Example | Topics and Well Written Essays - 500 words

Joseph story - Essay Example the case with Joseph’s Biblical and Quran account that the readers could easily judge that the story maintains one and the same source of inspiration, depicting the holy life of Joseph, his spiritual status and position, his brother’s nefarious plan against him, his journey to Egypt as a slave, years in imprisonment and finally rising as the King of Egypt in later years. Joseph (Yusuf in Arabic) serves as one of the most important and respectable Biblical figures, who is equally revered by the Jews, Christians and Muslims without discrimination. Hebrew Bible and the Holy Qur’an declare him as the son of the third patriarch Jacob, from his wife Rachel and real brother of Benjamin. The accounts depict him not only as exceptionally handsome, but also carrying spiritual powers including his command over perception and interpretation of dreams. The jealousy of Joseph’s half brothers was actually an outcome of the former’s dream, in which he had found the sun, the moon and eleven stars prostrating before him (Genesis 37: 5-9; Qur’an, 12:4). Although, his father Jacob had warned him not to disclose his dream to his step-brothers (Genesis, 37:12-20; Qur’an, 12:7-9), the details of the dream reached the brothers, which multiplied their abhorrence of Joseph, turning them strictly against him subsequently. Since they were alr eady against him because of being Jacob’s favorite son, they started devising plans to get rid of him permanently without delay. Hebrew Bible narrates the tale of the treachery of his half-brothers, who first threw him into a pit (Genesis, 29-33) and later sold him for a very trivial amount of money at the hands of Ishmaelite traders (Genesis 37:18-20), while the Holy Qur’an also describes almost the same that his half-brothers, at the suggestion made by Judah, threw him into the dark well (12:17) and the Arab traders, passing by the well, found the little boy and took him to Egypt in order to sell him for a large amount, because of

Sunday, August 25, 2019

The reasons of global warming Essay Example | Topics and Well Written Essays - 2250 words

The reasons of global warming - Essay Example Is there global warming Yes, there is global, though not everyone agrees on the fact that is happening, how to deal with it, or what the end results will be.1 In this paper we will discuss global warming The United Nations Climate Change Conference is to be held this week in Copenhagen. There will be 192 nations there. It will be a very significant meeting and the primary aim is to slow global warming. In 1997 this same team organized the Kyoto Protocol which called for a 5.2% change in carbon dioxide emissions from the 1990 levels. The United States refused to ratify it, though they now say they are willing to reduce carbon emissions in the United States by 50%. The treaty expires in 2012. When ask what they hoped to accomplish this time, the United Nations' de Boer says that it needs to include, greenhouse-gas emission goals for industrialized nations, emission free energy goals for developing nations, promises of money and machinery from industrialized nations to meet goals, and agreement on how to meet those goals. If global warming is so important then why did the last treaty not get signed2 The "Identifying Signatures of Natural Climate Variability in Time Series of Global-Mean Surface Temperature:Methodology and Insights" study is an international study done by a team of scientists from Colorado State University, Washington State University, East Anglia, Norwich, United Kingdom, and Exeter, United Kingdom. They used several models during their study since there has been such controversy over the different models showing different things. All of the models were tested by each group and when the final results came back, it was obvious that the predications of global warming were correct. Those model studies will be presented at the International Conference.3 The three model studies used were CTI, TENSO, and Tdyn. All three studies showed a continual increase in the overall temperature over time. That did not mean that there was not some cooling off done. In fact there were many dips but after each dip, the temperature increased to a new high average. Again the high aver age has been increasing more rapidly over the last 10-20 years. Technology would have to cut back. This would mean a large stain on an already strained world economy. Carbon dioxide emissions would have to be decreased by factories, cars, food manufacturers and many others. This does not appeal to the United States congress or others. The cost in dollars is high. One of the controversial issues is that the richer countries would have to pay for the poorer countries to receive the help they needed; of course global warming did not occur because of the poorer countries but because of the practices of the industrialized countries. Then there is the controversy. Is global warming really happening or is it hype that is created by the scientist to get us to clean up our act4 Recently, there was a disclosure about emails that were stolen from England's University of East Anglia. Those emails included climate researchers "bad-mouthing critics and struggling to explain if global warming is real, why recent years' temperatures didn't exceed 1998 and 2005 levels, the warmest on record."(Vergano, 2009, pg 2). This kind of thing is what is discouraging

Saturday, August 24, 2019

Discipline Model Essay Example | Topics and Well Written Essays - 750 words

Discipline Model - Essay Example The Dreikurs Model says that the teacher should be democratic and put limits for the students instead of punishing them. The Canter Model and The Fred Jones Model is about taking charge and providing efficient help to students and conveying messages through body language. The discipline model that I have selected is The Fred Jones Model. I have selected this model because children are very good at understanding non-verbal signals. They can respond to them better. With body language the students can predict the teacher's signs and respond accordingly. It makes it easier for the student to understand as he is getting only one signal instead of two, i.e. verbal and non-verbal. My teaching philosophy is that both teacher and students maintain a healthy relationship with clear communication. The teacher should be fair in all grading and implementation of the discipline model. All students are different and each one needs to be administered to individually, this model helps me achieve that because it asks to give individual attention to each child. Also, I believe in active learning and by giving incentives and Preferred Activity Time, I will be able tot each them some lessons outside the classroom as well. Learning is more important than getting a grade, which is why this model is more effective for me. It emphasizes on the need for the students to absorb the knowledge given to them. To achieve the grade the student needs to learn and set a goal, I help them set goals on the first day of class. This model focuses on giving incentives to students for doing the right thing. One suggestion by Fred Jones is that to allocate Preferred Activity Time, which can be for the whole class and if they behave they can do whatever activity they want in this time period. The model suggests that the teacher should give individual attention to students. This would motivate them to complete their work and move forward with their learning. The idea is to praise prompt and leave. There may be cases, when one child will continue to misbehave in this case I will have a backup plan ready to use. These punishments should be pre-planned and within the classroom so that the least amount of teaching time is wasted. Parents and administrators should be involved in the teaching and discipline process. They basic guidelines should be mentioned to them at the start of the semester and they should be briefed about all actions that the teacher plans to take in specific circumstances. The support of both parties should be achieved before going further and implementing the plans. Thus, it is best to talk to parents and the administrators before the start of the semester. On the first day of the new school term, the teacher should ensure that the class layout is such which enhances learning and easier communication with the teacher. It should also facilitate movement and not make it difficult for the student or the teacher to move around the class. The general rules should be told to the students and maybe put up in the class somewhere so that the students are not confused about them at any time. Also, all the tools and equipment required by the students for any activity that the teacher administers should be in the classroom and easily accessible to the students. This should all be done on the first day of the semester so that in future there are no misunderstandings between the teacher and

Friday, August 23, 2019

International Business Management Essay Example | Topics and Well Written Essays - 750 words

International Business Management - Essay Example Manufacturing sectors are major contributors of the national GDP in a number of ways. For instance manufacturing companies, use the national resources as inputs to formulate the outputs which can be either exported or used locally depending on the need. The huge unemployment rate in Morocco makes this industry an ideal sector to analyze since it involves a large workforce (Verme et al 2014). Also the manufacturing sector contains a huge degree of clarity on its role in contributing to the GDP of the country. Comparing the GDP of Morocco with other nations in the region, it will be apparent that the Moroccan GDP exhibits a growth of approximately 5 % annually (Verme et al 2014). This is a sign that the country holds potential resources to ensure success. Over the past 3 years the country has enjoyed political stability and continuous production without disruptions. This has seen the rise in its GDP continuously. The Moroccan government is putting in a lot of effort to protect its resources and ensure stability, through which it will give its citizens a foundation to work without engaging on other non-productive activities. As compared to other low economies the Moroccan economy is enjoying international recognition. Apart from the GDP, Morocco exhibits a high GNI in a given financial year (Verme et al 2014). The difference between the GDP and GNI is that while the GDP encompasses the income which the country generates locally, the GNI involves the income which is generated both locally and overseas this means that GDP is the best yardstick to measure performance of a given nation since it entirely points out those factors of production within a country’s disposal. Inflation over time has been a major problem in industries; inflation is responsible for cutting down of profits because of the frequent changes in the market. The inflation is usually used as an indicator of macroeconomic

What are three reasons why students fail university-level classes 3 Essay

What are three reasons why students fail university-level classes 3 reasons why they pass - Essay Example If they love their course enough, they will study that hard, or even discover more things in order for them to learn more. This means learning must have become the primary concern for them. Students who aim for higher learning are making it good especially in their class performance (Hunt 83). Second, those students who pass university classes are setting for themselves vital goals for them to achieve. This means that it will be harder for them to be involved in some sort of distractions, as going to school and learning things have become their primary considerations why they are in school in the first place. Another potential reason why students pass university classes is because they have the specific level of intelligence required to understand and pass the course. With this in mind, they will be able to pass exams, actively participate and be involved in class discussions and so

Thursday, August 22, 2019

Impacts of Social Media Marketing Essay Example for Free

Impacts of Social Media Marketing Essay With the emergence of internet-based social media it has made it possible for people to communicate with thousands of other people around the world about products and the companies that provide these goods and services to them. Accordingly, the impact of consumer to consumer communications has been tremendously heightened within the marketplace. Many people would argue that social media is a hybrid element for promoting a company and its products, considering that in the traditional sense it allows companies to speak directly to their customers, while in a nontraditional sense it enables customers to talk directly to one another. The information, timing, and volume of social media-based conversations that occur between consumers are outside of a managers’ direct control. This goes against any traditional integrated marketing communications where there is a high sense of control from the manager. Thus, it is the managers’ responsibility to learn how to shape a consumers discussion in a manner that is consistent with their organizations mission statement and performance goals (Kerin, Hartley Rudelius, 2009). Traditional Marketing Traditional marketing techniques involve direct mail, trade shows, television, radio broadcasting and social events which are still very prevalent and are still heavily used by many companies around the world to market products and the services offered by their companies. Marketing through television provides companies mass exposure to a wide array of individuals with a mass message. Many businesses dont realize that television can often be one of the most cost-effective forms of advertising. The advantages of television are that it has everything needed to catch the attention of your projected audience: audio and visual. Community based television stations which are often looking for advertisers and are more willing to accommodate advertisers because of a less rigid schedule. Newspapers and classifieds are becoming increasingly popular and is a great way to target clients at a reasonable cost. The yellow pages have become a commonplace for companies who want to locate their specific business needs. Another way for businesses to market is with brochures, these are a great way of advertising a business. Depending on the type of business, brochures can be extremely useful. For a business that is in the industry of travel or tourism, brochures are a must, and there are multitudes of places where they can be displayed for customers to view. If a business is in a different type of industry it may be a little more difficult to find locations to display brochures, except to use them in mail drops, as handouts at trade shows and conventions, or for a direct mail out to potential customers. If a company is a manufacturer or supplier, it will need to provide their brochures to a distribution network. Brochures are a great way to market, but a company should make sure they are a cost-effective use of your time and investment, and if a company is going to produce brochures, they should know ahead of time how and where they will distribute them. Social Media Marketing Social media marketing represents low cost tools that are used to combine technology and social interaction with the use of words. These are typically internet based. Social media gives marketers a voice and allows them to communicate with their current customers and potential customers. Companies are able to personalize their brand and it gives them a way to spread their message in a relaxed and conversational way. Many people used to think Facebook was just for teens and young adults. Companies did not see much value for the social media site. That is all slowly changing though. Several companies are using Facebook to market their products and are seeing great success. Consider the following statistics provided between September 2008 and February 2009 the number of Facebook users between the ages of thirty five and forty four increased by 51%, user among the ages 45-54 jumped up 47 % and user ages 26-34 increased by 26 % more then half of Facebooks 140 million users are out of college. Clearly, social media is no longer just for the college student. Facebook is used as a marketing tool because it is easy to gain new clients, promote new products and services while offing deals and sales and staying in touch with your customers (Zarrella , 2009). Social media can be used to provide an identity for the products and services that a company has to offer. It can also create relationships using social media with people who might not otherwise know about a company’s products or services or what our companies represents. If a company wants new customers and retain their current ones they must establish a good relationship. Social media can be used to associate one’s self with their peers, which could be serving the same target market. It could also be used to communicate and provide an interaction with the consumers a company is looking for. Conclusion There are many advantages to using social media as a marketing tool for a company. However a company cannot just depend on social media alone to market their company, they must integrate it with other vehicles of marketing. While social media can create awareness for a company, it may not be the right form of advertising for a company. Companies must be consistent with any form of marketing that it chooses to use. The role that social media plays in the marketing of a company is to use it as a communication tool that allows a company access to those interested in their product and makes the company visible to those who do not know what services and products a particular company has to offer. It can be used as a tool to create a personality behind a company’s brand and create relationships that otherwise may never have happened. Social media cannot only create repeat-buyers for companies, but also customer loyalty. The fact that social media is so diversified and it can be used in several different ways, ways that best suit the interest and the needs of a company shows that it is a good source of marketing for any business (McAdams, Neslund Zucker, 2008). The form of marketing that a company uses really comes down to what type of audience the company is trying to attract and what they can ultimately afford to spend on adverting and marketing for the company. Any of the marketing techniques work a company just has to be consistent with the form they choose to use. Social media marketing is the way of the future and is not going to go away anytime soon. References Zarrella , D. (2009). The social media marketing book. Kerin, R. A., Hartley, S. W., Rudelius, W. (2009). Marketing. (9 ed.). McGraw-Hill/Irwin McAdams, T., Neslund, N., Zucker, K. D. (2008). Law, business, and society. (Ninth ed.). McGraw-Hill/Irwin.

Wednesday, August 21, 2019

The rise and fall of Richard III

The rise and fall of Richard III Using first hand accounts and the views of historians from various sources this essay focuses upon the question: When considering the reasons for Richard IIIs rise and fall from power to what extent were Richard IIIs strengths also his greatest weakness. Many historians consider that he usurped the English throne in 1783, triggering the end of the medieval period and the Plantagenet dynasty. The study of the role played by Richard in the ending of this epoch allows us to look at whether one man really can make that much difference to history as well as to consider how history itself is written. This essay sets out to investigate Richard IIIs many qualities as a ruler, such as his intelligence, and aims to show how these aided him in claiming the throne, yet also ultimately led to his downfall. Other, exogenous factors in his rise and fall are also considered in order to judge the comparative importance of his personality in this matter. The essay starts by looking at the legend of Ri chard III (including the famous Shakespeare play in which he is portrayed as a tyrant by the Tudor playwright) in order to set his achievements, and interpretations of him, in a historical context. The reasons behind Richard successfully taking the crown and keeping it are then considered. This touches upon many controversial, deeply-debated events (such as what happened to the Princes in the Tower?) which have arguably led to his poor reputation. The essay then analyses how his apparent strengths failed to prevent his dethroning by Henry Tudor, before concluding that these eventually became his areas of greatest weakness, such as his patriotism and his high levels of education and ego. To what extent were Richard IIIs strengths also his greatest weaknesses? In 1485, the medieval period ended with the death of Richard III at the Battle of Bosworth. Richard III is well known throughout the world due to the scandalous Princes in the Tower situation, where many historians and the public hold Richard III responsible for the double disappearance of the heirs to the throne, Richard IIIs nephews and sons of Edward IV. Not to mention with him being eternally immortalised within Shakespeares play Richard III. However regardless of his forceful and slightly underhand taking of the throne, Richard was not the complete villain that history portrays him as. His evil reputation, Conscience is but a word that cowards use, devised at first to keep the strong in awe, possibly exaggerated by Shakespeares Richard III, was fashioned at least in part by the labours of Tudor propagandists to rationalise Henry VIIs own usurpation. It is possible that Shakespeare was funded by Tudor patrons, thereby possibly ensuring that Shakespeare wrote positively about Henr y Tudor. However it appears that Shakespeare used the Chronicle writers, Vergil and Holinshed and even Thomas More to base his play upon, so perhaps he was only writing with the information provided and it was not a vindictive quest. According to Alison Weir nearly all narrative sources for this period have a partisan bias: most were written in the South of England and reflect anti-northern sentiments, for Richard III was identified very much with the northern interests. He achieved power in 1483 due to many of his strengths; nevertheless Richard III had lost power two years later to Henry Tudor, potentially demonstrating that although Richard IIIs strengths achieved him the throne they also led to his downfall. The first strength that is instantly noticed when looking into Richard IIIs childhood and life before he became king, is how educated he was in the ways of being a member of the Royal family. As a young man Richard III was sent to train under Warwicks Master of Henxman, this was a household official whose job it was to implant in Richard the rudiments of knightly conduct. According to a source at this school the pupils were taught to ride cleanly and surely; to draw them also to jousts; to learn to them to wear their harness and to have all courtesy in words, deeds, and degrees however what is important to note is that along with all these necessary skills of a noble, he was also taught a traditional English public school education, tempered with book learning and other liberal accomplishment. This source demonstrates that in appearances he would have looked and ac ted like royalty, but it also taught him knowledge which aided him greatly in the future for example making English the standard language for law so that everyone could understand it. Intelligence and cunning played a huge role in the success of Richard III in becoming King as his intellect stood him ahead of other individuals. This can be seen consistently throughout Richard IIIs seizing of power and throughout his short reign. The main event that allows us to see the part that intelligence and cunning played is with the introduction of the law Titulus Regius (1483) by which the title of King was granted to Richard III. Invented by the parliament, all loyal subjects and advisors to Richard III, this official declaration explains why Parliament had decided that the marriage of Edward IV of England to Elizabeth Woodville had been false, in order to give more power to Richard III as well as aid the prevention of another potential uprising like what had just occurred. Consequently their offspring had no right to the throne, and therefore placing Richard III on the throne of England. Furthermore we see how cunning he was by the fact that no one tried to oppose this new ruling, not even Henry VII as he was hiding and gathering an army in France during this period. This is a prime example of how cunning and intelligence were key strengths in helping Richard III achieve power, as few individuals had the flair to create such an elaborate scheme and the desire to achieve power, without his education and background he may have never achieved his ruler status in the first place. Another instance of this is regarding his arch-rivals stepfather Lord Stanley. Richard knew that he had to keep Stanley on his side and although he could not trust him, he needed his influence in the North West and in North Wales so he used Stanley to keep order in his country, this is another demonstration of Richards cunning allowing him to obtain power. There are many instances where the chicanery of Richard III appears throughout his life, firstly in the usurpation of the throne where he decided that Hastings was too loyal to the children of Edward IV, so he trumped up a charge of treason on this lord and had him summarily executed, showing Richard IIIs ability to be wily and ruthless. The highest profile example of this was concerning the Princes in the Tower, in 1483. Although this event is held in controversy by many historians, such as historian Alison Weir who argues that Richard III was to blame whereas another historian who researches the period Paul Murray Kendall argues that Henry had an even ambiguous claim to the throne so if the Princes where still alive Henry Tudor would have had even less claim to the throne. Who is responsible for this catastrophic occurrence, resulting in the death of the two heirs to the throne after Edward IV? There are many different people who have been blamed for this tragedy, however many consider that Richard III had the biggest reason to see the two sons of Edward IV dead. Alison Weir, a well-known historian has written a novel on the subject looking at both sides of the argument and the sources, and in her conclusion she states Given all the other evidence already discussed in previous chapters, then only one man could have been responsible for their deaths: Richard III. However as he discredited them as being illegitimate, why would he have them killed and have negative impact towards his reign, but his right to the throne was still shaky so he potentially had them killed to remove any possible threat to his reign. This all just shows how cunning and conniving he was through removing any threat and doing the whole process without making the situation appear like a coup dà ©tat. Instead it appeared that Richard III was doing the country a favour. This all goes to show the great advantage that Richard IIIs strengths played in allowing him to achieve the throne through guile and shrewd. Looking at the other side, there are many other people who could be blamed for this tragedy, firstly Henry Tudor for the same reason that Richard III is blamed, in order to remove the rightful heirs to the throne. However revisionists now claim that it might have been the Duke of Buckingham, Richard IIIs biggest ally, trying to clear the path for Richard. Potentially this tragic situation could show off another of Richard IIIs strengths, if he is not responsible for the death of the heirs, that of being an opportunist and ruthless in his quest for power. This personality trait that we see in Richard III could have resulted from childhood, according to a website devoted to the Monarchs, the young Richard grew up amidst the violent civil strife of the Wars of the Roses, it formed and molded him and he was very much the product of that turbulent age. From this source we can see that Richard was just a product of the time and for that reason we can see that Richard III used many of the events that occurred both in the past and present. In agreement with Alison Weir about how ruthless and dangerous Richard III could be Sir Thomas More, famous for writing the History of King Richard III the novel that was later used by Shakespeare to write his famous play. At the same time that the Princes in the Towers situation was going on Richard III was also allegedly involved in falsely accusing and arresting Jane Shore, late Edward IVs mistress. This was once again another power play. As written by Thomas More from firsthand accounts the Protector sent into the house of Shores wife (for her husband dwelled not with her) and spoiled her of all that she ever had, above the value of two or three thousand marks, and sent her body to prison. And when he had a while laid unto her for the manners sake, that she went about to bewitch him, and that she was of counsel with the Lord Chamberlain to destroy him. From this source we can see that Richard III even before he became King was ruthless in his removal of all potential enemies, not caring whether he falsified the crimes that this woman supposedly committed. Despite this source coming from a historian at the time it is possible that Sir Thomas More only wrote unflatteringly about Richard III because he thought that he would be able to further his career at the time. Also Thomas More grew up in the house of the Lord Chancellor during Henry Tudors reign so it is likely that he had biased opinions regarding Richard III. His ruthlessness is perhaps best summed up by how he attempted to seize power following the unexpected death of Edward IV, on the 9th April 1483, with the death of the current ruler there was a sudden gap in the countries leadership that needed to be filled. As the current heirs to the throne were 12 and 9 respectively, they were too young to rule by themselves, so Richard III was named protector. Richard III then used this chance to achieve power himself. All this again shows just how much of an opportunist he was, and how much this played in helping him to achieve the throne. A more cynical historian could view this as just a stroke of luck and it did not demonstrate anything about Richard IIIs actual character. A final important strength that Richard III possessed was loyalty to his king and country. Understandably this is a good quality so why would a loyal man commit treason and potentially kill Edward IVs sons? Well there are many differing views on why this happened; firstly it was never a doubt that Richard remained loyal to the king throughout Edward IVs reign. This can be seen quite often throughout the reign as Richard III supported Edward when he was overthrown by his other son, Duke of Clarence, and then helped Edward regain power through his military prowess and his courage in battle. However it is possible to argue that here is another example of Richard IIIs cunning, he could possibly just be supporting the right man to further himself in politics. Some historians even claim that Richard III was often reckless in battle, which could explain why Richard lost the Battle of Bosworth, 1485. This view of many is supported by Anne Crawford who in her study of Richard III states that Richards plan had turned into disaster and all he could do was attempt to make political capital at home, Furthermore in regards to loyalty there is a clear case that on the accession of his brother, Richard was created the Duke of Gloucester, traditionally a royal title, and at which Richard adopted he white boar as his personal badge, according to a source he also took the motto Loyaulte me lie (loyalty binds me). This would explain Richard IIIs loyalty to Edward IV but not to any of his descendants. However relating back to the question, his loyalty enabled him to become King on a variety of levels, rather ironically; firstly according to the majority of historians such as Nigel Saul, Richard III would never have gained power without the aid of the duke of Buckingham. Richards loyalty inspired other people to join in and support him, which was obviously key to his claim to power. The support of the second most influential man in England eased Richard IIIs path to become King. In conclusion the most important strengths of Richard III that helped him achieve power successfully were his intelligence and cunning. However it can be argued that out of these attributes it was Richard IIIs cunning and intelligence that allowed him to achieve power, through scandals and new laws and many other reforms. However what is well-known is that Richard III only reigned for approximately two years, a relatively short reign, before he was killed at the Battle of Bosworth in 1485 and the Tudor period began, with Lord Stanley claiming King Henry, God save King Henry! Firstly through loyalty as we saw Richard III manipulate his way into power, through rewarding those those who were loyal to him during this period, showering them with gifts in order to keep them loyal. An example of this is with Richard IIIs new son in law, the Earl of Huntingdon, who took over the lands of Buckinghams betrayal, and with this he bought Williams loyalty through wedding Richards bastard daughter Katherine to him as well as including a generous dowry, according to Anne Crawford as much as the sum of 1000 marks a year. Finally another trait that of being cunning also served Richard III well, as he decided after being crowned to go on a royal progress to gather support for himself. These skills mentioned helped Richard III to keep power for the two years that he held it for, but eventually many historians, including Anne Crawford, Nigel Saul and Antony Cheetham agree that these skills also contributed greatly to his ultimate downfall. Firstly with Richard IIIs intelligence from his education he felt able to introduce new laws all by himself, which therefore made him responsible in the publics eyes for the negative laws restricting the peoples lives. Also he increased taxes in order to reward his followers, maintaining their loyalty. Evidently the public would not have liked this as they could barely afford to pay the old taxes. Therefore Richard III lost a lot of the public support that he had gained and with the growing popularity of Henry Tudor, it appeared that Richard IIIs downfall was becoming imminent. Another attribute that arguably turned from a strength into a weakness was loyalty, that of his followers and his loss of the ability to inspire. Richard III sat uneasily on his throne in 1483; the deep mistrust of the nobility had been engendered by the death of Lord Hastings and the apparent vanishing of Edward V and his brother. At Lincoln, on 11th October, Richard received the disturbing news that his most loyal ally, the Duke of Buckingham, had abandoned his cause and now supported Henry Tudor. Buckinghams reasons for deserting remain a mystery, he was said to feel sorry for his previous actions, possibly an admission of guilt for the Princes in Tower, but it is possible that he felt that he deserved more recognition for all that he had done for Richard III, and Henry offered the Duke more power and rewards. It has also been suggested that, as the Duke was the direct progeny of Edward IIIs youngest son himself, his support of Richard was part of a plan to help him achieve the th rone himself. Anne Crawford, a historian of the Yorkist era puts forward the argument that who knows whether Buckingham aspired the throne himself, whether he jumped on a bandwagon or whether he foresaw that his rule of south Wales would be threatened. This betrayal by the Duke hit Richard III very hard as he lost his greatest ally whom he considered a friend. In a primary source letter to his Chancellor Russell, Bishop of Lincoln Richard expresses his anger at the betrayal of Buckingham, the Duke of Buckingham-the most untrue creature living: whom with Gods grace we shall not be long till that we will be in that parts, and subdue his malice. We assure you there was never falser traitor purveyed for; as this bearer Gloucestert shall show you. In this letter we see how far Richard III had potentially slipped emotionally. This looked very bad for Richard now as he lost the main support of other nobles to Henry Tudor. Furthermore in the following year after Richard showed that he intended to keep all the power that he had amassed as a Duke in the north of England, as a result he lost support around the country. In the summer of 1484 after this action, many rebellious ballads and rhymes started to emerge in London, the most famous attributed to William Collyngboure the Cat [Sir William Catesby], the Rat [Sir Richard Ratcliffe] and Lovell our dog[Lord Lovell] all serving under a Hog [Richard III]. This slanderous rhyme a deliberate slur at the supporters of Richard III and the King himself showed how far Richard III was starting to fall in public opinion. In further support of exogenous factors leading to Richard IIIs downfall from the throne on the 22nd August 1485, there was finally the expected battle between Richard III and Henry Tudor, now known as the Battle of Bosworth, famous for being the last time a monarch was killed in battle. After Richards death the continuator of the Croyland Chronicle depicted the event as thus the tusks of the boar [Richard] were blunted and the red rose [Henry Tudor], the avenger of the white [the princes in the Tower] now shone upon England. This source clearly shows how public opinion was no longer supporting Richard and they saw Henry as a righteous avenger for the evil deeds of Richard III. However it is impossible to be sure whether this was just propaganda or a personal belief. Linking to the attributes that led to Richard IIIs downfall here is a key skill that ultimately led to his death as well as ruin. Richard IIIs pride meant that he wore his crown into the battle, making him an easy target. In fact this can be linked to the earlier point about loyalty; Richard III was not killed by Henry Tudor or even the duke of Buckinghams men, but by Sir William Stanleys men. Stanley saw a chance to win the gratitude of Henry Tudor, while leading a counterstrike from the sidelines and surrounding the King with a superior force cutting off Richard III from his main army. With Richard dead the army disintegrated, leaving Henry Tudor to claim the throne. It can be seen here how both pride and loyalty turned on Richard III leading clearly to his downfall. However it can be argued that there are other reasons why Richard III lost his throne, firstly the time that Richard ruled was a turbulent period. With Richards usurpation, it led to the possibility that there would be another, either by the people to replace the rightful heir or another potential candidate to try and take the throne before Richard III could consolidate his power. It could also be considered that unlucky situations that Richard III faced, first, on 9th April 1484, Richards only son and heir, Edward of Middleham died, perhaps of tuberculosis. Both Richard and his wife Anne Neville were said to be preoccupied with grief. Many in that superstitious age saw it as celestial vengeance for Richard IIIs handling of his brothers sons. Furthermore fate seemed to working against Richard III. In March 1485, when Queen Anne Neville died of tuberculosis, her husband was said to be loath to visit her in her lodgings. Subsequent to Annes death rumors arose that Richard III had poisoned her, though ungrounded in fact, they demonstrate Richards subjects suspicions of him. He was required to make a mortifying communal refutation of the rumors, saying that he was not delighted at her death but as sorry and as heavy in heart as a man can be and to deny that he planned for an incestuous matrimony with his niece. Richard III was destroyed by grief, which all affected his judgment to rule and provided Henry Tudor with the opportunity to muster a force to remove Richard III from the throne. In conclusion we can see that Richard IIIs key characteristics eventually changed from assets to liabilities and played a huge contribution to his downfall. It is easy to see that Richards strengths ironically became his weaknesses. His cunning and intelligence seem to have been a recurring factor in all aspects of Richard IIIs life. In his use of the law to achieve the throne, but then he used this knowledge to introduce new measures and taxes which lost him public support. Pride and deviousness allowed him to inspire followers however it also arguably led to his death on the battle field as he foolishly wore his crown into battle. Finally manipulating his supporters, this led to him losing many supporters including Lord Stanley which ultimately led Richard IIIs defeat in battle. His luck also ran out with the death of his wife and son, by taking the throne by force, his determination also ended up working against him as it inspired Henry Tudor to copy him. He started a trend of people taking the throne, rather than being born to it. Therefore it was only a matter of time before Richard III met his downfall, whether he caused it himself or whether it was just fate. Revisionist historian Nigel Saul, writer of the Oxford Illustrated history of Medieval England is of a similar opinion that it is doubtful whether either Edward IV or Richard III ever quite felt secure on the throne analyzing the evidence and arguments it appears that the revisionist idea is the most valid as it appears Richard III was vilified by propaganda. However his methods did provide a basis for his infamously flawed character and led to the circumstances which caused his downfall. Word Count: 3677

Tuesday, August 20, 2019

Stop and search, and the Human Rights Act

Stop and search, and the Human Rights Act PART A The power of stop and search is a general term used to describe the powers of police or occasionally the officials to search the members of public in a various context without a warrant.[1] Such powers are governed primarily under Part 1 of the Police and Criminal Evidence Act 1984 (PACE). [2] Besides PACE 1984, there are other legislation which governs the power of stop and search. For example, s23 of the Misuse of Drugs Act 1971[3], s60 of the Criminal Justice and Public Order Act 1994 (CJPOA)[4] and s47A of the Terrorism Act 2000 (TACT)[5]. The power of stop and search under TACT were previously governed under s44, but were ruled illegal by the European Court of Human Rights, stating that the power were too widely drawn and open to abuse.[6] S44 were than formally replaced with s47A by the Terrorism Act 2000 (Remedial) Order 2011[7] on the 18 March 2011, by more limited measures in England, Wales and Scotland. All legislations which governs police power of stop and search similarl y aim to prevent and deter crimes, however, there is still some difference in the regulations of such powers, between Part 1 of the PACE 1984 and s47A of the TACT 2000. Statistic showed that approximately 1.1 million stops and searches are recorded under Section 1 of the PACE 1984, in the year of 2011/2012. [8] No searches were made by the police in 2011/12 or 2012/13 in Great Britain under s47A of TACT.[9] A low detection rate alone does not necessarily undermine the use of stop and search powers. Proponents of the power, especially under terrorism legislation, argue that its use disrupts and deters criminal activity rather than simply detecting it.[10] The first and utmost obvious difference in the powers of stop and search in relation to both PACE 1984 and TACT 2000 are that both legislation have different aim of search. Part 1 of the PACE 1984 provides power to stop and search for a range of items including stolen property, offensive weapons, prohibited articles under s1(7) PACE, controlled drugs or evidence that a person is a terrorist.[11] Whereas, powers under TACT 2000 were to search for evidence of terrorism. An officer exercising the stop and search powers may only do so for the purpose of searching for evidence that the person concerned is a terrorist or that the vehicle concerned is being use for the purposes of terrorism, as opposed to the purpose under section 45(1)[12] of searching for articles of a kind which could be used in connection with terrorism. [13]. The meaning of terrorists are defined under section 40(1) (b) of the 2000 Act. In addition, the regulation of the power of stop and search are different in terms of the powers where exercisable. Under Part 1 of the PACE, the power of stop and search may be exercise by constable at any time, but only in public places, and non-dwelling places to which the public have ready access.[14] This includes public transport, museums, sports ground, cinemas, pubs, restaurants, night club, banks and shops. Whilst power of stop and search under S47A only allows a constable with uniform to search at a specific area for a defined period [15]with authorisation by an officer of ACPO rank who reasonably suspects that an act of terrorism will take place.[16] Next, the difference of regulations of both PACE and TACT in the power of stop and search by the police are the matter of authorisation. Under Part1 of the PACE, the constable are allow to conduct searches as long as they are having the reasonable ground of suspicion that relevant offences will be found. [17] There are no mention of needing authorisation by officer of a higher ranking before conducting stop and search unlike S47A of TACT. Under this section, authorisation by a senior police officer are essential before stop and search could be conduct by any constable in uniform. [18]Authorisation will only be given if an officer reasonably suspect that an act of terrorism will take place[19] and consider that the authorisation is crucial to prevent such an act and that the areas or places specified in the authorisation are no greater than is necessary and the duration[20] of the authorisation is no longer than is necessary to prevent such an act. The requirement for an authorisation are given in the Code of Practice[21] where an authorisation under section 47A may only be made by an officer of ACPO or ACPOS rank. The authorisation would include details of how the exercise of the powers is necessary to prevent the act of terrorism.[22] In most statutory provisions including PACE which grants police the power to stop and search, there is a requirement that the police must have a reasonable ground of suspicion that the person is in possession of an item of a specified kind. [23] Although there was no definition of reasonable ground of suspicion laid down in the legislation, Code of Practice A, under PACE had provided some sort of guideline as to what constitute reasonable suspicion. Para 2.2 explained that reasonable grounds for suspicion will depend on the nature in each case. [24] There must be some objective basis for that suspicion based on facts, information and/or intelligence that are relevant to the likelihood of finding an article of a certain kind.[25] Reasonable suspicion can never be supported on the basis of personal factors. Officers must rely on intelligence or information about or some specific behaviour by the person concerned.[26] For example the nature of the articles suspected of being carried, th e time and place where the person or vehicle is or the behaviour of the person suspected. The case of Howarth v Commissioner of Police for the Metropolis (2011)[27] explained that reasonable cause for suspicion is a lower standard that which would be required to establish a prima facie case.[28] It allows police officer to take into account matter that would not be admissible as evidence. In comparison, the power conferred under S47A TACT 2000 can be exercised without reasonable suspicion. An authorisation by a senior police officer allows searches by any constable in uniform in specified areas or places without reasonable suspicion to find evidence related to terrorism. The authorisation would provide explanation which allows stopping and searching of individuals and/or vehicles without suspicion is necessary to prevent the suspected act of terrorism.[29] To conclude, although both PACE and TACT have different regulations in terms of the power of stop and search, however what remains the same is that the underlying principles of stop and search are intended to promote its use in a fair and effective manner. An officer may not search a person where there is no legal basis to do so, even with an individual’s consent. Stop and search must be done in a courteous and respectful manner and the length of detainment must be kept to a minimum even when the officer is lawfully entitled to search a person of vehicle. [30] PART B The Human Rights Act 1998 (HRA) came into force in the United Kingdom in October 2000. [31]This legislation gives effect in the UK to certain fundamental rights and freedoms contained in the European Convention on Human Rights (ECHR). Under section 6 of the Human Rights Act 1998, public bodies such as the court, police, local council and all other bodies carrying out the public functions must comply with the Convention rights. This means, individuals can now take human rights cases in domestic courts and they no longer have to go to Strasbourg to argue their case in the European Court of Human Rights.[32] With the HRA 1998 coming into force, the power of stop and search had made some impact on the regulation and use of the power of stop and search in some way. In relation to the use of power of stop and search, public bodies are required to exercise such power in compliance to the convention rights. The legal framework for protecting the fundamental human rights contained in the HRA 1998 allows the public to rely on the articles when they are being stopped and searched. When powers of stop and searched are exercise, the public bodies are required to exercise it in such a way that it is necessary and proportionate. [33]Article 5, 8 and 14 of the HRA 1998 would be more relevant in the matter of stop and search. Article 5 ensures the right to liberty and security of person. [34]The right in Article 5 is limited, which means that there are certain circumstances or situation where deprivation of liberty is lawful.[35] Article 8 protects people from arbitrary interference in their private and family right. [36] The act of being subject to a search, which may take place in public, and may include a search of a person, their clothing or personal b elongings will interfere with Article 8 rights. Article 8 is a qualified right, and Article 8(2) provides exceptions enabling interference with the right, for example in the interests of national security, or the prevention of crime.[37] Any interference with a person’s Article 8 rights will need to come within one of the exceptions allowed under Article 8(2), and be in accordance with the law, necessary and proportionate. In addition, Article 14[38] allows people to enjoy the Convention rights without any discrimination. In another words, individual must not be stopped or searched purely because of their race or religion. The power of stop and search would only be compatible with human rights if they are used legitimately and proportionately.[39] Evidence shows that stop and search powers that do not require reasonable suspicion, as well as those under PACE, may be used in a way that is discriminatory because certain ethnic communities are more likely to experience stop and search than others. However, the black and minority ethnic groups, particularly the black people, have for many years been disproportionately at the receiving end of police stop and search. Joel Miller in his article ‘Stop and Search in England, A Reformed Tactic or Business As Usual?’ suggested that the treatment towards the black and the minority had always been discriminatory. This is evident in surveys such as the Smith and Gray 1985, Willis 1983, Young 1994, and others. [40]The government statistics particularly from the Ministry of Justice 2009 had suggest that the black people in England and Wales in the year of 2007/2008 are more likely to be searched eight times more than white people and Asian people more than twice, for searches which requires reasonable ground of suspicion.[41] The power of stop and search under Terrorism Act 2000 were previously governed under s44, but were ruled illegal by the European Court of Human Rights in the case of Gillan and Quinton v United Kingdom[42]. After the incident of 911, the Home Secretary and senior police officers established the practice of making authorisations continually under section 44 to cover the whole of metropolitan London.[43] The police justified their act by claiming that there was now a generalised threat of terrorism in London and it was likely to manifest in any large-scale public gathering, and that it would be impractical to make narrower. In this case, Kevin Gillan and Pennie Quinton were attending a demonstration in London in the year of 2003. Both of them were stopped and searched by the police under S44 Terrorism Act 2000. They subsequently brought a judicial review regarding the power of stop and search on the basis that there was no evidence of terrorism showed by the protestor on that day. They claimed that the stop and search was an interference with their rights to liberty, respect for privacy, and the right to freedom of expression and assembly. [44]In March 2006, the House of Lords heard Gillan and Quintons appeal against the refusal of the lower courts to allow their claim. Lord Bingham and his fellow Law Lords ruled that section 44 was itself compatible with Convention rights, there were sufficient safeguards against arbitrary use of the power, and that there was no evidence that the section 44 power had been exercised unlawfully. [45] Gillan and Quinton took their complaints further to the European Court of Human Rights in Strasbourg. In January 2009, the Court ruled that the searches under section 44 had violated their right to respect for their private life under article 8 of the European Convention on Human Rights (ECHR). [46] As a result of a legal challenge made by the European Court of Human Rights, and as a part of the UK government’s commitment to introduce safeguards against the misuse of powers under TACT, the Home Secretary conducted a review of these powers.[47] One of the recommendations of the review was that stop and search powers under section 44 of TACT should be repealed and replaced with a much more targeted and proportionate power. [48] The Home Secretary therefore made a remedial order under section 10 [49] of the Human Rights Act 1998 to make immediate changes to the legislation. This new power came into force on 18 March 2011.[50] Section 47A of TACT allows the police to stop and search persons in order to prevent acts of terrorism, without reasonable suspicion of their involvement in terrorism. Searches under this power may only be authorised in a specific area for a defined period where the police reasonably suspect an act of terrorism will take place.[51] Stop and search powers provided under the Police and Criminal Evidence Act (PACE), the Misuse of Drugs Act 1971, the Firearms Act 1968 [52] and the Road Traffic Act 1988 [53]all require a reasonable suspicion that the person stopped is in possession of prohibited goods or has committed an offence.[54] By contrast, stop and search powers provided under section 60 of the Criminal Justice and Public Order Act 1994 and section 47A do not require any grounds of reasonable suspicion. Although S47A can be said as an improvement of the previous law, however the power of stop and search without reasonable suspicion had always been an issue. Many are in the view that such power of stop and search without the need of reasonable suspicion is inherently incompatible with the Convention. [55]The justification is that the lack of any requirement for reasonable suspicion renders selection for stop and search arbitrary and invites discrimination in the exercise of the power.[56] Rabinder Singh QC, Professor Aileen McColgan and the Human Rights Watch are in the view that the nature of stop and search without the need for reasonable suspicion is incompatible with right to respect for private and family life under Article 8 of HRA 1998.[57] In their view, even with the best guidance to officers as to how to exercise the power, cannot be rendered compatible with Convention rights because of the irreducible arbitrariness of the selection of individuals to subject to the power.[58] In Human Rights Watchs view, the only human rights compatible power to stop and search is one which requires reasonable suspicion. The Equality and Human Rights Commission (EHRC) itself, however, does not appear to share this view that a power to stop and search without reasonable suspicion is inherently incompatible with Article 8 and other Convention rights. [59]In its submission, it recognises that there may be very exceptional circumstances in which it is necessary for there to be a power to stop and search without reasonable suspicion ,for instance to prevent a real and immediate act of terrorism or to search for perpetrators or weapons following a serious incident. [60] In terms of the protection under the power of stop and search, any individual who were searched unlawfully may seek a remedy under the Human Rights Act 1998 for an unjustifiable breach of their rights to liberty, respect for private life or to be free from discrimination. [61] All in all, the Human Rights Act 1998 had made some significant impact on regulations and use of the power to stop and search by the public bodies. It is safe to argue that the law in terms of the stop and search power had improved significantly, particularly S47A TACT 2000, which minimize the abuse of power and act in compliance with the Convention rights. With the legislation coming into force, it does not only provide guidelines to the authorities, it also provides momentous protection to the public when the power to stop and search are exercise on them. In any circumstances which the public authorities abuse or misuse the power to stop and search, judicial review would be a mechanism to hold them into account. It was suggested that, when there is misuse of power, judicial review offers the public a relatively quick, effective and inexpensive means of securing their rights through scrutiny of the lawfulness of police action by a specialist judge. [62]The bases on which it can be a rgued that the police have acted unlawfully were importantly expanded by the enactment of the Human Rights Act (HRA) 1998. [1] ‘Stop and search under the Terrorism Act 2000’ (Justice) http://www.justice.org.uk/pages/stop-and-search-under-the-terrorism-act-2000.html accessed 17 November 2014 [2] Police and Criminal Evidence Act 1984 [3] Misuse of Drugs Act 1971 [4] Criminal Justice and Public Order Act 1994 [5] Terrorism Act 2000 (TACT) [6] Adam Wagner, ‘Stop and search powers under review as European Court reject UK appeal ‘ ( UK Human Rights Blog, 1 July 2010) http://ukhumanrightsblog.com/2010/07/01/stop-and-search-powers-under-review-as-european-court-reject-uk-appeal/ accessed 28 November 2014 [7] Terrorism Act 2000 (Remedial) Order 2011 [8] Home Office, ‘Statistics national statistics Police powers and procedures England and Wales 2011/12’ https://www.gov.uk/government/publications/police-powers-and-procedures-in-england-and-wales-201112/police-powers-and-procedures-in-england-and-wales-2011-12#stops-and-searches [9] ‘Statistics Operation of police powers under the Terrorism Act 2000 and subsequent legislation: Arrests, outcomes and stop and searches, Great Britain, 2012 to 2013’ (Home Office, 12 September 2013) https://www.gov.uk/government/publications/operation-of-police-powers-under-the-terrorism-act-2000-2012-to-2013/operation-of-police-powers-under-the-terrorism-act-2000-and-subsequent-legislation-arrests-outcomes-and-stop-and-searches-great-britain-2012-to-20 accessed 20 November 2014 [10] Pat Strickland, ‘Stop and Search’ ( House of Commons Library , 23 January 2014) [11] Part 1 of Police and Criminal Evidence Act 1984, particularly s2, s7,s8 [12] S45(1) Terrorism Act 2000 [13]‘Does the Order remove the incompatibility?’ (Terrorism Act 2000 (Remedial) Order 2011: Stop and Search without Reasonable Suspicion Human Rights Joint Committee) http://www.publications.parliament.uk/pa/jt201012/jtselect/jtrights/155/15506.htm accessed 27 November 2014 [14] S4 , s5 PACE [15]Duration: The maximum period for an authorisation is 14 days. [16] Code of Practice under Terrorism Act 2000 [17] s1(3) PACE [18] Code of Practice under Terrorism Act [19] Kiron Reid, ‘Stop and Search’ (24 September 2014) [20] The maximum period for an authorisation is 14 days. [21] Code Of Practice (England, Wales And Scotland) For The Authorisation And Exercise Of Stop And Search Powers Relating To Section 47a Of Schedule 6b To The Terrorism Act 2000 [22] ‘Consultation Code Of Practice (Northern Ireland) For The Authorisation And Exercise Of Stop And Search Powers Relating To Sections 43, 43a And 47a Of The Terrorism Act 2000’ (Northern Ireland office, Febuary 2012) https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/136403/consultation_on_the_code_of_practice_for_stop_and_search_powers_under_the_.pdf accessed 25 November 2014 [23] S1(3) PAC 1984 [24] Code of Practice, para 2.2 PACE [25] Andrew Sander, Richard Young and Mandy Burton , Criminal Justice( 4th edn, Oxford University Press,2010) 84 [26] ‘Stop and search QAs’ (Policy Pages, 21 August 2014) http://www.met.police.uk/foi/pdfs/priorities_and_how_we_are_doing/corporate/stop_search_qa_august2014.pdf accessed 25 November 2014 [27] Howarth v Commissioner of Policeof Police of the Metropolis[2011] EWHC 2818 [28] Andrew Sander, Richard Young and Mandy Burton , Criminal Justice ( 4th edn, Oxford University Press,2010) 157 [29] Code of Practice under Terrorism Act 2000 [30] Avon and Somerset Constabulary, ‘Stop and Search’ www.bathnes.gov.uk/sites/default/files/stop_search_notes.doc accessed 24 November 2014 [31] Equality and Human Rights Commission, ‘ The Human Rights Act’ http://www.equalityhumanrights.com/your-rights/human-rights/what-are-human-rights/human-rights-act accessed 22 November 2014 [32] Equality and Human Rights Commission, ‘ The Human Rights Act’ http://www.equalityhumanrights.com/your-rights/human-rights/what-are-human-rights/human-rights-act accessed 22 November 2014 [33] ‘Article 8 : The right to respect for private and family life, home and correspondence’ ( Human Rights Review 2012) http://www.equalityhumanrights.com/sites/default/files/documents/humanrights/hrr_article_8.pdf accessed 24 November 2014 [34] Article 5 HRA 1998 [35] Article 5 : The right to respect for private and family life, home and correspondence’ ( Human Rights Review 2012) http://www.equalityhumanrights.com/sites/default/files/documents/humanrights/hrr_article_5.pdf accessed 24 November 2014 [36] Article 8 HRA 1998 [37] Article 8 : The right to respect for private and family life, home and correspondence’ ( Human Rights Review 2012) http://www.equalityhumanrights.com/sites/default/files/documents/humanrights/hrr_article_8.pdf accessed 24 November 2014 [38] Article 14 HRA 1998 [39] ‘Human Rights Thematic Review on the use of police powers to stop and search and stop and question under the Terrorism Act 2000 and the Justice and Security (NI) Act 2007’ (Northen Ireland policing Board) http://www.nipolicingboard.org.uk/stop_and_search_thematic_review__final_draft__15_october_2013.pdf accessed 24 November 2014 [40] Joel Miller, ‘Stop and Search in England, A Reformed Tactic or Business As Usual?’ (2010) 50 British Journal of Criminology 954 [41] Ben Bowling and Coretta Phillips, ‘Disproportionate and Discriminatory: Reviewing the Evidence on Police Stop and Search’ ( Modern Law Review,2007) http://www.stop-watch.org/uploads/documents/modern_law_review.pdf accessed 27 November 2014 [42] Gillan and Quinton v. UK 4158/05 [2010] ECHR 28