Tuesday, January 28, 2020

Deprivation of Land Ownership

Deprivation of Land Ownership The surest way to deprive a peasant of his land is to give him a secure title and make it freely negotiable. R Schickele 1962, cited in Tim Hanstad, Designing Land Registration Systems for Developing Countries Am. U. Intl L. Rev. 13 (1997) 667. Discuss. Some see land dispossession as the cornerstone of the past colonial key economic and political policies that has lead to the capitalism as we see it. Land dispossession is not only established on land grab by use of force but also has been intensified by new innovative types of property and property regulation, confirming some of the Loakean philosophies of property and its relationship to society and its diverse make of ethnicity and race. Furthermore the title also suggests that there is a relationship between dispossession and social and economic standing within society. This article shall examine the broader implication of the above quotation and try to examine the relationship between the powerfuls (those who are economically and or socially superior to the other) ability to deprive the lesser from their land and whether or not there are any obstacles in their way, or has the whole structure been set up been set up as the title suggest to make it easier. To understand the above assertion it may be necessary to understand a capitalist approach to land and dispossession and before that we need to understand registration in context of this question and its historical development. Does this question suggest that dispossession of land is an exclusive relation between the rich and the poor, or is the relation more complex and less sinister than is been suggested. To make sense of this the article will try to first break it down to its component parts and then try to piece it together. Nevertheless ownership of land is a natural phenomenon in our societies, however in the scheme of human history this is a new development. , in the long sweep of human existence, it is a fairly recent invention. Many question arise from this statement, that where did these ideas originate, what is really ownership of land, and how can it be that a line drawn on the land by a sword can denote ownership and control. These assertion in our modern society are alien, as land ownership is so ingrained into our psyche. Surely before you are dispossessed or deprived if something you must have owned it or had rights to it first. Pre-Registration Before title registration there was John Locke. In his writings Two Treaties of Government[1] Locke summarise prehistory on land and ownership as a God (the god of the Abrahamic religions) given inheritance to the Children of Men[2] in common, this is a superstition that in this scenario one can or has a right to own land or a right to own land. However this is not John Lockes view on ownership of land. His starting position is that man has an ownership in himself[3] which is exclusive to him against all others. Then he states that that a mans physical labouring and what he creates from his own hands is also his own exclusive ownership. What Locke then goes on to summarise profoundly that then what he toils on the land and what he produces then becomes his own property too and becomes excluded from common ownership[4]. In summary what Locke can be summed up to say is that if man build a house on the land it is his house and if he works the land because of his labour it is his land, a nd thus the philosophy of Locke can be used to ascribe prehistory ownership of land. Agriculture made the mans connection to the earth more intense. Tilling the soil, making homesteads and communities all contributed to a more direct investment in the land. Nonetheless this was not the ownership of land as we know it. Historical context is incredibly significant, in particularly with concerns to land ownership, this is important and history of land entitlement started in the United Kingdom and was exported to its colonies. This history is important to the context of this article as the histories of many dispossessed people are from the former colonies. While land was owned by the Anglo-Saxon in England prior to the invasion of England in 1066, it was William the First that usurp the land and redistributed it to his loyalist in favour for services rendered and to be rendered[5]. He devised tenures, the kings loyal man provided him with services which might be providing horsemen and other personal who did the kings business, tenure. The ownership of the land thus remained with the crown. This was the preserve of the Common Law. In Pottages writing[6] The Measure of Land, he describes the archaic ways land conveyancing took place in the past (pre-registration documentation of land ownership). He describes the lengths to which potential owners would have to good to try and get good (or better) title to the land they wished to own. This could be by medieval turf cutting[7]with a sword, or to hold fate and events as to instil it into the memory of the local as a symbolic time so that the event could denote the day the land changed owners, this grew to a stage that to have good title would mean that the possessor would have as much historical documentation as trusts in writing to prove if there were a dispute that the possessor had better title, however any possessor could be dispossessed regardless of the quantity of documents at hand if someone put up a document that may show that they had had the better title by whatever means and that that hadnt to date been extinguished. Yes complicated and fraught with pit falls. Possession at that time was the first evidence towards ownership, coin the phrase that possession was nine tenth of the law accurate alluding to the fact that that one tenth could still dispossess you if you had not covered or collected all the information. However the earliest ownership of the land is near enough historically impossible to prove, so long as you had enough retrospective history on the property in your possession you would be unlikely to be dispossessed of it. The prospective buyer would need to be satisfied the chain of ownership could be evidenced to a specific point in time, before 1875 this would have been 60 years[8], in genealogical terms approximately four generations. Long lines of historical record to the ownership of land would cement the ownership of the land and the elite families that owned them. This supposition established the elite classes ownership of estate. The longer these few families kept possession of the land the more it hid in some case highly contested and disputes over land[9]. Registration In an article written by Keenan[10], she says that title registration has become recognised as a modern globalising trend in land law. Keenan say that these measures are being readily and free being accepted by governments in greater numbers across a multitude of jurisdictions globally, and where it is not being done then the world bank and the International Monetary Fund are demanding it as parts of global deals whether the purpose it to unify or make easier land acquisition we can only speculate. With the induction of the industrial revolution, came the need and the demand for more secure ownership of land. During the 1700s law relating to real property stagnated in statutory terms, however doctrine continued to evolve by judges in the courts, for example under judges like Lord Nottingham (from 1673-1682), Lord King (1725-1733), Lord Hardwicke (1737-1756), Lord Henley (1757-1766), and Lord Eldon (1801-1827) . As the industrial revolution took hold globally and trade expanded, the influence of new money of the business and industrial classes was also growing, and the once dominant wealth and political clout of the landed gentry was in decline. Adam Smith discussed in his book The Wealth of Nations that the land owners were able demand and take rent from others for very little cost in monetary term . Through the 1800s there were many attempts at trying to replace the document based ownership to some kind of registration system. The colonialist settlers living in the colonies had a different experience of societal and political experience than those who were back in England. At the time the settlements were being colonised in North America and Australia[11] by the British. As land was being possessed, occupied or settled in the colonies, a form of legal confirmation was needed in order to give the settlers security and title. So in 1857, Robert Torrens the prime minister of South Australia decided that he was going to dedicate his time in land reform and in particular to develop a land registration system for transfer of land in the colonies. He had indentified that on occasions the English system of land conveyance was sometimes more costly than the cost the land itself[12]. The Torrens System In discussing the establishment system of title and the induction of Torrens, it is helpful study the background and direction of what Torrens wanted to establish once he finally established the system in South Australia[13]. There are important difference between what was happening in the past and the Torrens system, crucially the biggest change from the past was to create centralisation registration of the Title. The reason was to combat the past systems failing and in particular the skewed character of the old system and to create a safer alternative on the central system[14]. Torrens was of the opinion that the old system was completely redundant and not fit for purpose[15] and because of this Torrens set up the new and better and principally fair system. The idea Torrens based his system on was originated on the Mirror Principle, Curtain Principle and also the insurance Principle[16]. The words may suggest the Mirror Principle in the reflection of the ground realities and the fa cts around the owners title, the Curtain Principle would hide any defects and therefore the purchaser could rely exclusively on the just having the registration document and finally the Insurance Principle underwriting any possible errors and providing compensation when a mistakes occurs[17], what this gave was provided was assurance of title and ease of use of the system. Torrens system was described as not being a system of registration of title, but being a case of title by registration[18]. One of the cornerstones key to Torrens system was something called indefeasibility, meaning the new title owner would only be liable to interest registered at the time[19]. However at the being deferred indefeasibility, was accepted[20]. What this entailed was that in case of fraud to a bona fide buyer, indefeasibility was not granted until both and blameless owner and an blameless buyer were present. This was however later overturned in court[21]. The success[22] of the system comes down it simplicity. To avoid the difficulties for the buyer when doing legal searches, Torrens Mirror principle was established. This did not give any guarantee of validity but simply provided priority if valid[23]. As Keenan says in her article, on this same subject, that, the Torrenss system made it simpler, cost effective and speedier for investors to re-sale the property for the investors then before the Torrens system was introduced. English Land Registration The first formal land registration system came about in the in England four years after the establishment of Torrens system in 1862. These were followed by two further Acts in 1875 and 1897[24]. Then in 1925, the Law of Property Act 1925 was passed and enacted. The big difference between the two systems was that PLA 1925 allowed for overriding interests, like easements[25], squatters rights[26], and lease with terms of 21 years or less[27], these were similar to some of the indefeasibility expressed in the Torrens system. Dispossession By Torrens Because of Torrens and the Curtain principle any previous historical connections with interest in and any entitlement thereto where hidden behind the curtain once the land was registered. Once registered anything that came before vanished[28], the people how did have the said relationships could effectively become trespassers on the land that they freely roamed or lived in historically. The Torrens system found great favour by other colonialist and spread quickly through the colonies like an epidemic. Dispossession The idea of dispossession has been insidious in the writings of academics and campaigners who want investigate, write detail of and confront ethnic capitalism. The cruelty of dispossession includes and is not restricted to, being dispossessed of property whether it is your land or your home, country, your tools and resources of survival, your historical back ground, language and your own person, your character, can describe in one way or a combination of ways a large number of the global populous at the currents times. The spread of imperialism across the world has not been forgotten. However the aftermath of imperialism or colonialism has left its bitter scars, but also has developed into modern forms too. Modern capitalisms has its own incarnations of reasoning, influence and manifestations (collectively known as Cultures of Dispossession. From what has already described above this article can demonstrate how dispossession has become a common place which is not exclusively to economics, societal or the legal register. The various manifestations of dispossession demonstrates irregular effects of hundreds of years of capitalist accumulation focused around action of the possessive personage and the consequent result of ever ready onto rationally and politically dispossessed of the ability suitably own or to be free. The sexual orientation/ gender and rascality is not merely dependent but are the construct of this article in the sense that these are features that are re-occurring theme in dispossession. Holistically this article is demonstrating that dispassion by title is just ones means by which dispossession happens. By concentrating on means on the ways of dispossession as one of the clear modes of authority of colonial capitalist arrangement, in this article we have already looked at judicial machinery used to dispossess. In the alternative possession has to be in the realms of the judicial belongs ideologically to a spatial sphere, that takes into account current political and economic thinking in a verity of ways. However the focus of the nest section shall be on dispossession by design. Foreclosure K-Sue Park in the article Money Mortgages and Conquest of America, highlights a discussion of foreclosure, the modern phenomena of dispossession. When the colonialist settled in America they developed on the English law that they had inherited by virtue of their origins, to develop and create their own individual and unique model taking into account and adopting to the new ground realities of a conquered land[29]. Furthermore the development of mortgage in America, followed one fundamental constructive change across the settlers kingdom (the colonies) and that was the how simple foreclosure had become (was it by default or design?) on land, bordering on land being dealt with in the same way as chattels, which was a contrast from the difference of land and chattel had be maintained in the old English system[30]. Academics have made it apparent that the everyday threat of repossession (the English word used for the America for dispossession) in the way mortgages are practiced by way of a uniquely American colonial notion[31]. The narrow window from which the American historian view their own historical prospective of property/mortgages dealings, illustrated ho that the transaction by enlarge occurs amongst white European / American during the late seventeenth century and early eighteenth century. The alterations in mortgage can be described as happening earlier then some historians mention, and the interpretation of that is to assume the acceptance that the relaxed and unimpeded, prevalent repossession first happened on connection with dispossession of the natives. On the onset it has to be understood the originality of the American mortgage, and it is also crucial to realise that extremely lasting practice of protecting individual association to land in English property law before settlers left to colonise. The deeply held principle predilection was mirrored by limitations found uniquely in English mortgages. Before the seventeenth century, at the time the first British settlers setup colonies in America, it was near on impossible to detach someone from his land because of debt dealing through English law.[32] Previously the earliest documented use of land to secure debt was established an instrument known as the gage[33]. From the inception of debts incurring a cost of interest payments as a type of usury at this period, English lenders who are allowed to a gage, were allowed to collect the rents and the fruit of the land[34]. The benefits granted to lenders at that time, is not without difficulty able to connect the right and duties that exi st by law in estate currently, the benefits ordained to those lenders of the past emanate directly from the charged land. A chief justice of the king of England in the twelfth century, explained and identified two types of gages the living gage and the dead gage or the Vif gage and the Mort gage[35]. In the Vif gage the lend and adjoin the fruits and rents towards the debt with the expectation to reduce the debt. By contrast if you had the mort gage the leader is forbidden from collecting the fruit or other reciprocal benefits to reduce the amount of debt but can be accumulated as a profit to the amount of loan.[36] As the mort gage was the system that that avoided the prohibition on interest, it become the chosen gage[37]. At the beginning the right of the lender was surprisingly a feeble, but with the course if time have more likely have been able to possession for the duration of a loan. Scholar of business institute are brought closer to affiliation with the law because of the closeness of the connection actions of the association and the drama intrinsic in the great efforts among and bounded by partners.[38] Conclusion It must firstly be stated that the study of dispossession id fraught with complexities, more difficult it such a complex area is from the myriad of information and the intricate and complex writing out there, it is difficult for the author to stay focus, rather than what is likely to occur of vying off at tangent only to rein oneself back in. The conclusion for this article has to come from the writing of one of the best pieces written work read by this author, and that is from Sarah Keenans Smoke Curtains and Mirrors: The Production of race Through Time and Title Registration[39]. Why? Because Keenan has been able to stay extremely focused on the theme through-out and written a great article. Nevertheless this author has the perilous task to follow that. The main feature of this article has been the development of title registration systems and how they all seem to be linked and woven from the same cloth. Registration was developed by the forced necessity of an overly complex, convoluted system that still left the buyer at risk even after investing huge amounts of time and money. The irony of the old system is that it could dispossess some one of their title by default as the system had no safety net, there should have been a label on the old system that alway read buyer be weary. Secondly we discovered that the landed gentry liked the old system so much that we discovered to this they hold property in the old way, where it is passed down from generation to generation described by Keenan as a multi generational monopoly of estate ownership. We learnt that the same gentry that owned the land also were the politician that had to bring in law reforms. It took nearly eighty years from when the idea was first floated to the inception of the Law of Property Act 1925. The comparable and original practical system was introduced in South Australia by Torrens. While it was in principle and prima facia a good system, the undertones and its net affects were very dark indeed. Torrens system was easy to use, it was quick and it was cost effective. But in its creation was hidden the mechanism by which the aboriginal indigenous people would be dispossesses. Torrens was notably the same man who previously had dispossessed the poor Irish farmers in the Potato famine, and gave t he titles cheaply to the gentry. It may be easy to dispossess a poor man by giving him a title and then freely negotiating his property from him for next to no value. However why go through all the that when it can be done by a doctrine formulated by Torrens, this document was so popular in what it could do that it was adopted very quickly in the colonies and whole nations of indigenous people were dispossessed, whether in Australia, Canada, America, India or Africa. A discussion was tried to be articulated in this article that there were other ways of easily dispossessing poor people, one being older than we might have thought, and that is by debt arrears and repossessions or as the Americans call it foreclosure. Finally it is easy to say but harder to articulate in a limited article the many ways of dispossessing the poor. [1] Page 327 Chapter V, Of Property by John Locke; Two Treaties of Government first published in 1960, from his original book and additional found manuscripts. https://moodle.bbk.ac.uk/pluginfile.php/590998/mod_resource/content/1/Of%20Property.pdf [2] Page 327 Chapter V, Of Property by John Locke; Two Treaties of Government first published in 1960, from his original book and additional found manuscripts. https://moodle.bbk.ac.uk/pluginfile.php/590998/mod_resource/content/1/Of%20Property.pdf [3] Page 328 Chapter V, Of Property by John Locke; Two Treaties of Government first published in 1960, from his original book and additional found manuscripts. https://moodle.bbk.ac.uk/pluginfile.php/590998/mod_resource/content/1/Of%20Property.pdf [4] Page 329 Chapter V, Of Property by John Locke; Two Treaties of Government first published in 1960, from his original book and additional found manuscripts. https://moodle.bbk.ac.uk/pluginfile.php/590998/mod_resource/content/1/Of%20Property.pdf [5] http://www.wwlia.org/LegalResources/UK/ID/258/History-of-Real-Estate-Law-The-Old-English-Landholding-System.aspx [6] The Measure of Land by Alain Pottage, The Modern Law Review 1994, Volume 57, pages 361-385 [7] The Measure of Land by Alain Pottage, The Modern Law Review 1994, Volume 57, page 361 [8] Smoke, Curtains and Mirrors: The Production of Race Through Time and Title Registration, Sarah Keenan, School of Law, Birkbeck, University of London, Malet Street, London WC1E 7HX, UK; Springer Science+Business Media Dordrecht 2016, Published 27 October 2016. [9] Smoke, Curtains and Mirrors: The Production of Race Through Time and Title Registration, Sarah Keenan, School of Law, Birkbeck, University of London, Malet Street, London WC1E 7HX, UK; Springer Science+Business Media Dordrecht 2016, Published 27 October 2016. [10] Smoke, Curtains and Mirrors: The Production of Race Through Time and Title Registration, Sarah Keenan, School of Law, Birkbeck, University of London, Malet Street, London WC1E 7HX, UK; Springer Science+Business Media Dordrecht 2016, Published 27 October 2016. [11] Smoke, Curtains and Mirrors: The Production of Race Through Time and Title Registration, Sarah Keenan, School of Law, Birkbeck, University of London, Malet Street, London WC1E 7HX, UK; Springer Science+Business Media Dordrecht 2016, Published 27 October 2016. [12] Smoke, Curtains and Mirrors: The Production of Race Through Time and Title Registration, Sarah Keenan, School of Law, Birkbeck, University of London, Malet Street, London WC1E 7HX, UK; Springer Science+Business Media Dordrecht 2016, Published 27 October 2016. [13] Kelvin F K Low, The Nature of Torrens Indefeasibility: Understanding The Limits Of Personal Equities [2009] 33 Melbourne University Law Review 205, 206. [14] Kelvin F K Low, The Nature of Torrens Indefeasibility: Understanding The Limits Of Personal Equities [2009] 33 Melbourne University Law Review 205, 206. [15] Kelvin F K Low, The Nature of Torrens Indefeasibility: Understanding The Limits Of Personal Equities [2009] 33 Melbourne University Law Review 205, 206. [16] Richard Wu and Mohd Yazid Bin Zu Kepli; Expedition of Torrens system in the common law world and its Asian development in Singapore and Hong Kong ;(2012) 2 Property Law Review 99, 102. [17] Richard Wu and Mohd Yazid Bin Zu Kepli; Expedition of Torrens system in the common law world and its Asian development in Singapore and Hong Kong; (2012) 2 Property Law Review 99, 102. [18] Breskvar v Wall (1971) 126 CLR 376, at 385 per Barwick CJ [19] Tang Hang Wu, Beyond The Torrens Mirror: A Framework of The In Personam Exception To Indefeasibility (2008) 32 Melbourne University Law Review 672, 672. [20] Roy A. Woodman, The Torrens System in New South Wales: One Hundred Years of Indefeasibility of Title (1970) 44 The Australian Law Journal 96. [21] Frazer v Walker [1967] 1 AC 569. [22] Lynden Griggs, In Personam, Garcia v NAB and the Torrens System Are they Reconcilable? (2001) 1(1) Queensland University of Technology Law and Justice Journal 76, 86. [23] Kelvin F K Low, The Nature of Torrens Indefeasibility: Understanding The Limits Of Personal Equities [2009] 33 Melbourne University Law Review 206. [24] The Land Transfer Act 1875, 38 39 Vict, c 87; Land Transfer Act 1897, 60 61 Vict, c 65. [25] LRA 1925 s 70(1)(a). [26] LRA 1925 s 70(1)(f). [27] LRA 1925 s 70(1)(k). [28] Smoke, Curtains and Mirrors: The Production of Race Through Time and Title Registration, Sarah Keenan

Monday, January 20, 2020

Attention Deficit Hyperactivity Disorder :: ADHD Research Papers Health Essays

Attention Deficit Hyperactivity Disorder   Ã‚  Ã‚  Ã‚  Ã‚   Attention-Deficit/Hyperactivity Disorder (ADHD) is a neurological brain disorder that manifests as a persistent pattern of inattention and/or hyperactivity. ADHD is broken down into three subtypes: predominantly inattentive ADHD, predominantly hyperactive-impulsive ADHD, and combined type ADHD. ADHD begins in childhood, and has only recently been understood, can persist into adulthood as well. While some children outgrow ADHD, about 50% to 60% continue to have symptoms into adulthood.   Ã‚  Ã‚  Ã‚  Ã‚  Children who have ADHD are often easily distracted by sights and sounds in their environment, are unable to concentrate for long periods of time, are restless and impulsive, have a tendency to daydream, and are slow to complete tasks. Adults who have ADHD may have less pronounced symptoms, such as: Inattentiveness, impulsivity or hyperactivity, Impairment in at least two of three areas -- work, life at home and in social interaction with peers, and a history of childhood symptoms. The exact cause of ADHD isn't known, although there are many theories.   Ã‚  Ã‚  Ã‚  Ã‚  ADHD is broadly defined and pervasive, and the symptoms attributed to ADHD likely have a variety of different causes. The initial triggers could include genetic vulnerabilities, viral or bacterial infections, brain injury, or nutritional deficits. There has been a surge in alternative approaches to ADHD, but these have been vigorously disputed. There is increasing evidence that variants in the gene for the dopamine transmitter are related to the development of ADHD. This makes sense, as according to other recent studies, people with ADHD usually have an abnormally high number of dopamine neurotransmitters which discard the dopamine before the brain can fully make use of it. The stimulant medications used to treat the disorder are all capable of blocking dopamine neurotransmitters. The finding of another possible cause stemmed from the observation that children of women who smoked during pregnancy are more likely to be diagnosed with ADHD. Given that nicotine is known to cause hypoxia (too little oxygen) in the uterus, and that hypoxia causes brain damage, smoking during pregnancy could be an important contributing factor leading to ADHD.

Sunday, January 12, 2020

Why Are Experiences of Stillness and Reflection (Meditation) Important to Buddhism?

Why are experiences of stillness and reflection (meditation) important to Buddhism? Meditation is a mental and physical course of action that a person uses to separate themselves from their thoughts and feelings in order to become fully aware. It plays a part in virtually all religions although some don't use the word ‘meditation' to describe their particular meditative or reflective practice. Meditation does not always have a religious element. It is a natural part of the human experience and is increasingly used as a therapy for promoting good health and boosting the immune system. Anyone who has looked at a sunset or a beautiful painting and felt calm and inner joy, while their mind becomes clear and their perception sharpens, has had a taste of the realm of meditation. Successful meditation means simply being – not judging, not thinking, just being aware, at peace and living each moment as it unfolds. In Buddhism the person meditating is not trying to get into a hypnotic state or contact angels or any other supernatural entity. Meditation involves the body and the mind. For Buddhists this is particularly important as they want to avoid what they call ‘duality' and so their way of meditating must involve the body and the mind as a single entity. In the most general definition, meditation is a way of taking control of the mind so that it becomes peaceful and focused, and the meditator becomes more aware. The purpose of meditation is to stop the mind rushing about in an aimless (or even a purposeful) stream of thoughts. People often say that the aim of meditation is to still the mind. There are a number of methods of meditating – methods which have been used for a long time and have been shown to work. People can meditate on their own or in groups. Meditating in a group – perhaps at a retreat called a sesshin or in a meditation room or zendo – has the benefit of reminding a person that they are both part of a larger Buddhist community, and part of the larger community of beings of every species. Meditation in Buddhism is a form of Bhavana, or self-development. The origins of Bhavana go back to ancient Indian spiritual exercises called Yoga. Hindu Yoga consists of 8 stages: 1,2 Making a conscious effort not to harm others and to establish good relations with them. ,4 Sitting postures and control of the breath. 5 Withdrawing the mind from external things and looking inwards. 6 Fixing the mind on a single object or thought. 7,8 Meditation, allowing the mind to rise above ordinary though and be directly aware of reality. These were taken up and developed by the Buddha. What Buddhists do when they meditate or worship may look very similar to the Hindu religion, but Buddhis ts do it in order to deepen the particular Buddhist view of life. There are two kinds of meditation: Samatha and Vipassana meditation. Samatha meditation is translated as ‘calm meditation’ or ‘tranquility meditation’ etc. Samatha meditation helps to control the mind and to become calm, so that the mind is focused upon a simple object or idea. For example, if we have tendencies towards greed and selfishness we might take death as the idea to focus upon for meditation. We then begin to see that everyone must die whatever they may be or do in their life. We will realise that greed is futile in the face of death and knowing this will produce feelings of calm and dispassion in us. Samatha meditation is practised to attain deep concentration of the mind only. The purpose of Samatha meditation is to concentrate the mind on this touching sensation or respiration. Whenever the mind goes out, the meditator brings it back on to the object of meditation, that is, the respiration or the touching sensation, because he wants to deeply concentrate the mind on a single object of meditation. When the mind goes out in Samatha meditation it must be brought back to the primary object, focusing the mind on the respiration. The Samatha meditator must not observe the wandering thought or thinking mind. He need not realise any mentality or physicality. What he needs to do is attain deep concentration of mind on a single object, focusing the mind attentively, noting the in- and out-breathing. When the Samatha meditator attains to access concentration or to absorption concentration, when his mind is totally absorbed into the object of meditation, there is no mental defilement in that concentrated mind. At that time the concentrated mind is purified from hindrances. This is called purification of mind because there is no greed, hatred, ignorance, conceit, jealousy and so on. So the meditator feels peaceful and happy. That is the benefit of Samatha meditation but when the mind is disengaged from the object of meditation, the concentration is also broken and the mind goes to many different objects. Therefore many thoughts come into the mind. When the mind is defiled with greed, anger or ignorance the meditator does not feel happy or peaceful. He has suffering. The Samatha meditator enjoys peacefulness of mind while his mind is deeply concentrated on a single object of meditation. As long as the mind is absorbed in the object, he feels peaceful calm, tranquil and serene. One type of Samatha meditation that is suitable for everyone is where the subject of concentration is our own breath. The concentration of our own breathing includes feeling the air gently filling your lungs and then flowing out through the nostrils. As you concentrate on breathing you come to realise the value of it because we depend on it for life. Breathing becomes more delicate, and it may even happen that our breaths appear to stop; our thoughts become less and less, and peace and happiness arise within us. Therefore it will bring calmness and a greater awareness of yourself and your physical body. There are many different possibilities of the ways to sit during meditation. The important thing is to feel comfortable and relaxed, but also to be upright and alert. The classical meditation position is ‘the lotus position’. This involves sitting cross-legged with the left foot on top of the right thigh and the right foot on top of the left thigh. While it helps for the body to be alert, relaxed and stable, meditation is really about the mind and the inner experience. Posture is a support to that but most Buddhist traditions do not regard it as an end in itself. Brahma Vihara means ‘Sublime State’ and by meditating upon the Brahma Viharas a person develops feelings of love, compassion, joy and peace towards all living things. The four Sublime States are: 1. Metta – This is usually translated as ‘loving – kindness’. In meditating upon metta, a person first of all wishes himself or herself well, and then spreads the positive and friendly thoughts outwards towards all other beings. 2. Karuna – This means active compassion understanding the nature of suffering and sharing the suffering of others. 3. Mudita – This is sympathetic joy in which the meditator shares the happiness of all other beings. 4. Upekkha – This is a state of peace and serenity, in which, with a well-balanced mind, a person looks on all beings – whether friendly or not – with the same positive attitude of care and well-wishing. Meditating on the Brahma Viharas may take the form of a visualisation. In the case of Metta Bhavana, or Meditation on Love, you would visualise the spreading of love from yourself to friends and family, to the community, and further on to the rest of the world. For the Brahma Viharas thought is action; meditating on the spreading of love throughout the universe. The effect of meditating off the Brahma Viharas is like ripples on the surface of water – gradually spreading outwards. Vipassana meditation is ‘insight’ meditation, it is realisation, seeing or right understanding. Vipassana meditation refers to a system of mental development that consists of looking inwards, looking at your mind as if you were an outside observer. In this way the meditator can break through the predictable workings of the mind to see things as they really are. Vipassana meditation is practises to attain some amount of concentration and to realise these three characteristics, therefore removing all thoughts and to experience the ending of suffering. In Vipassana meditation, the purpose is to realise all mental states and physical processes in their true nature. In this concept, their true nature means the three characteristics which every mental state and physical process possesses. Any mental state or physical process may be the object of meditation. So the Vipassana meditator must not take only a single object but take many varieties of objects. The Vipassana meditation is an important step on the path to enlightenment. In fact, it follows from the seventh step of the Noble Eightfold Path, Right Mindfulness, whereas Samatha relates to the sixth step, Right Effort. The Vipassana meditator follows the mind and observes it by making mental notes of all the movements and senses they observe such as the rising and falling movement of the abdomen and the hearing of a voice or of a distinctive sound. Due to these movements and sense they make notes within their mind, for example, when the abdomen rises the meditatior observes it, making a mental note ‘rising’. When the abdomen falls, the mediator observes it, making a mental note ‘falling’. The meditator does this for every movement for the abdomen and makes mental notes – such as these – for everything he observes. The meditator observes and follows the mind because the purpose of insight meditation is to realise the characteristics of any mental state or physical process. Therefore to realise the three characteristics of a wandering mind, but the meditator has to observe it as it is, making a mental note as `wandering, wandering', `thinking, thinking' and so on until that thought has disappeared. Only after it has disappeared should he return to the primary object, noting as usual. However, the Vipassana meditator needs to realise impermanence, suffering and the impersonal nature of the wandering, thinking mind. He must observe the wandering thoughts, the thinking mind as it really occurs, noting `wandering, wandering', `thinking, thinking', `imagining, imagining'. When you note these thoughts, your noting mind should be more attentive, more energetic and somewhat quick, so that it becomes more and more powerful, more so than the thinking process or the wandering process. When the noting mind becomes sharper, quicker and more powerful, it overwhelms the thinking mind or the thought process, which then stops in a short time. When the noting mind is weak, then it is overwhelmed by the wandering mind. The noting mind is dragged along by the thinking process the thought process goes on and on and the meditator can`t concentrate well. So to make the noting mind stronger, sharper and more powerful, the meditator notes the wandering, thinking mind more attentively, energetically and quickly. Then the thinking process stops and at that time the meditator notices thought doesn't last long. It arises and passes away. So here the arising and passing away of the thought is vaguely realised as impermanent, though not clearly realised. When concentration becomes deeper and deeper, the meditator comes to realise that these individual thoughts arise and pass away, one after another. A series of thoughts arises and passes away. Unless concentration is deep enough, the meditator is not able to realise it. The purpose is to realise these thoughts and their three characteristics. So, whatever thought arises in sitting or walking, the meditator must note them attentively, energetically and more quickly. When thoughts are noted they become less and less, and concentration becomes deeper and deeper. If the thoughts are not noted, they increase and sometimes they persist a very long time. Then concentration is weak. In Vipassana meditation, the meditator concentrates the mind to a certain extent on many mental states or physical processes. Then he realises the true nature of mentality and physicality, their impermanent, suffering and impersonal nature. His mind is purified at that moment because he realises these three characteristics of mental states and physical processes. He realises it, not through theoretical knowledge, not through learning scriptures but through his own personal experience of mental and physical experience, and this experience of the three characteristics is very deep and profound. This experience remains in the mind all the time though this insight knowledge of the three characteristics is also impermanent, suffering and impersonal. It occurs and passes away. The force of this insight knowledge remains in the thought process, in the process of consciousness, which continues for life. Therefore even though the meditator leaves the meditation centre and goes home or back to work, he may sometimes recollect his meditative experiences of these three characteristics, and they appear in his mind as if he is realising them at that moment. Then the mind is purified and he feels peaceful and tranquil. The benefit of Vipassana meditation is not only in sitting but also in the whole life and the next life. Therefore it helps the mind to be purified at any time. That's why the Vipassana meditator lives for peace to a certain extent. If he has attained any stage of enlightenment, the first stage, the second stage, the third stage or the fourth stage of enlightenment, if he has attained in any of these four, his mind is purer because some of the mental corruption have been uprooted by the path knowledge. He has lost some of the mental corruptions which cause suffering and he can live in peace and happiness to a certain extent. However, if he is able to attain all the four kinds of enlightenment, his mind is completely purified all the time and liberated from all kinds of mental corruptions. He will then live peacefully and happily. Zen is about living in the present with complete awareness. The word Zen is the Japanese equivalent of the Chinese Ch’an, meaning meditation. However, we have seen that many different schools of Buddhism place great emphasis on meditation as a means to enlightenment. All schools believe that all people have the ability to be enlightened, just as all people have the ability to be angry or sad. Zen therefore says that enlightenment exists within all human beings all the time. The aim of Zen practice is to become aware of one’s own enlightenment. This is called Satori. One important aspect of meditation is that it enables us to sit still and do nothing. It is said that the aim of Zen is not to aim. The meditation practice of Zen is called Za-zen, or sitting Zen. Sitting in the lotus position is very important, for it allows the meditator to breathe easily and slowly. He will put his hands into the dhyana-mudra and keep his eyes open. This makes them become fully in touch with the true nature of reality. Different schools of Zen do Za-zen in different ways: Soto meditators face a wall, Rinzai meditators sit in a circle facing each other. Zen considers there to be five kinds of meditative practices which go deeper and deeper. 1. Bompu is a very superficial form of meditation. Bompu means ‘ordinary’. 2. Gedo refers especially to meditative practices of other religions. These practices may be useful, but do not lead to enlightenment. The word gedo means ‘outside way’. 3. Shojo refers to Theravada meditation. Mahayana Buddhists often call Theravada ‘Hinayana’ or ‘small vehicle’ because they do not consider it to be capable of leading all people to enlightenment. Shojo is used for the same reason. 4. Daijo is Japanese for Mahayana, or ‘great vehicle’, and refers to meditation which leads to enlightenment. 5. Saijojo is the purest form of daijo, the highest form of meditation. A Zen practitioner tries to experience each moment directly. They don't let thoughts, memories, fears or hopes get in the way. They practice being aware of everything they see, hear, feel, taste, and smell. For example: when they eat they focus totally on the food and on the act of eating and prevent any thoughts in their mind. In Zen Buddhism the purpose of meditation is to stop the mind rushing about in an aimless (or even a purposeful) stream of thoughts. People often say that the aim of meditation is â€Å"to still the mind†. Zen Buddhism offers a number of methods of meditation to people – methods which have been used for a long time, and which have been shown to work. Zen Buddhists can meditate on their own or in groups. Meditating in a group – perhaps at a retreat called a sesshin or in a meditation room or zendo – has the benefit of reminding a person that they are both part of a larger Buddhist community, and part of the larger community of beings of every species.

Friday, January 3, 2020

The Impact Of Media On Sports On The World Of Sports Essay

Entertainment has clearly been a focal point in everyone’s daily lives. With technology advancing every day, the way how people live today seems to become excelling and smooth. Marketers play a large role in entertainment, especially when it deals with advertising. This is a business where they annually continue to invest heavily on ads. Most industries attempt on every possibility to come into possession of consumers to address about their ads, in addition, make money off of them. Surprisingly today, most business’s take their advertisement into the world of sports. One major sport event such as the Super Bowl, is a major key to exposing an ad to millions of individuals. Along with other major sports like soccer, football, and baseball to name a few, all these sports have a large number of fans and viewers. Now, some may question the theory, why televised ads and spend chunks of money towards sports games rather an award show, or a special T.V. show? 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