Syntactical Structure Of The Language Of Law

Syntactical Structure Of The Language Of Law 1. Introduction Legal language. Once an almost magical language of words of stipulation and oaths that should have impressed its subjects and submit them in awe to its absolute obedience. Now, it may be said that the awe has disappeared, but the magic of the language of the law somehow persists, mainly due to its so called vices unintelligibility or wordiness. Everyday situations and relationships are governed by law whether people like it or not. Legal positivism argues that all our actions are covered by law (i.e. legislation, legal principles derived from judicial decisions in Common Law, or contracts) based on the principle that what is not prohibited by the law is permitted (see for example Weinberger 1995). Making pirouettes on the roof of my house every day at five oclock in the morning would be considered ‘legal because there is no law prohibiting such an activity. But let me present a less absurd example. Even by getting on the bus, though not in writing, individuals conclude a contr act with the transportation agency. In every tram or bus a list of business terms can be found an official-looking piece of paper divided in articles, sections or paragraphs, full of rights and obligations of the transporter as well as the customer. The society is inter-bound by an enormous number of agreements, arrangements and contracts, stating or implying rights and duties of its parties. To give them the mark of formality, to regulate them and to enforce them, there is the Law with its provisions. As the main functions of the law are the performative and normative (Cao 2007, 13-15), it is necessary for law to be able to communicate its norms to their addresses. This happens through language. In everyday situations, the Law and the language of its norms, regulations and laws priests lawyers are still somewhere near. Internationalisation of society has brought closer contacts among foreign countries in various aspects. Legal relationships are one of them. The European Union as well as the states themselves produce a large amount of legislation with which the companies and individuals have to deal. Still, an important part of legal relationships is carried out by means of ‘private regulations set by bi- or multi-lateral contracts by the individuals themselves (within a given legal context). Therefore, translating these contracts becomes a big issue and the main activity of numerous translation agencies. Nowadays, English is the Latin of today. It is the main language of international trade and commerce. It is not only the language of contracts when one of their parties comes from an English-speaking environment but even when no native English-speaking party is involved. Although in certain cases English serves as the ‘neutral language of legal agreements, the general understanding of English is not at such a level that they would not need to be translated to peoples mother tongues. Apart from that, legal English and ordinary English are not identical languages (Gubby 2007, 9) and the mastery of ordinary English does not mean a mastery of legal English. This thesis deals with the characteristics of legal Czech and legal English within their legal environments and problems of translation between them. The first part (Chapters 2, 3 and 4) introduces the legal language in general and analyzes the specifics of legal Czech and legal English. Chapter 5 deals with the translation of legal texts and sources of difficulties in legal translation. The second part of this thesis focuses on contracts a sub-genre of legal texts. Chapter 6 defines the place of contracts among other legal texts and deals with the stylistic specifics of contracts in general. Chapter 7 introduces and analyzes the experiment. The experiment is based on an analysis of translations of contracts by translation agencies who advertise their competence in legal translation. It seeks to find out what the general quality of their translation is and what the main problematic points are: whether it is the understanding of the text in general, finding suitable translational sol ution of the concepts or the style or understandability of the TL text. I expect the translation agencies to have problems with finding accurate translation solutions for some of the system-bound concepts, but I expect the translations to be accurate regarding the translation of the actual rights and obligations. Concrete hypotheses follow in Chapter 7. 2. Legal Language Legal language is not a language of everyday use by a population (unless, with a degree of understatement we want to call lawyers a population of a kind). It is a specialized language of legal norms and related discourse. Its distinctiveness may be seen in a number of characteristics that differentiate it from the language of ordinary use. But, there is no universal language of law that would be comprehensible to all languages. Law is a system that is bound to a particular state or organization. Language of law, its words, syntactic structure and concepts are closely related to the legal system in question. The relationship between the language and the law is mutual: the legal system influences the nature of the legal language and the legal language the language of the legal discourse influences the system. The speech of lawyers is conditioned not by the law alone, but also by the prevailing language of their environment (Mellinkoff 1963, 4). Language of law is a system- and culture-bound language for special purposes. This does not mean that the language of law is completely detached from the ordinary language. Most of its words are taken from the ordinary language. On the other hand, legal language influences everyday speech and many of its originally technical terms are now accepted as common. Mellinkoff (1963, 9) gives the examples of plaintiff or defendant in English; the same holds for the Czech sml ouva (contract) or zà ¡stava(pawn). In making generalizations about the language of law for the purpose of this thesis, the characteristics will be drawn from those of legal Czech and legal English. The legal systems in which these technical languages originated belong to different legal system families: English law (i.e. the law of England) is a part of the common law family whereas the Czech law is a member of the civil law family. 2.1 The Nature of Legal Language Cao (2007, 13-20) classifies legal language with respect to the nature of its use that can be described as normative, performative and technical. Normative The Language of law is used to impose rights and obligations; it is largely prescriptive. Laws basic function is to regulate human behaviour and human relations. Law exists as a set of prescriptions having the form of imperatives defining and enforcing the arrangements, relationships, procedures and patterns of behaviour that are to be followed in a society (Cao 2007, 12, quoting Jenkins 1980, 98). Legal language serves to communicate the legal norms to their addressees. Performative The speech act theory developed by J. L. Austin and J. R. Searle makes language responsible for effects in reality. Speech is not only words but also actions. By uttering certain words, we the facts may be changed. Legal effects and legal consequences are commonly obtained by merely uttering certain words (Cao 2007, 14), for example in a courts judgement or in front of a clerk or a priest during the marriage ceremony. Technical The question of technicality of legal language is not perceived consistently. One position argues that there is no legal language as such and it is a part of the ordinary language. The other holds that legal language is a technical language. If the latter view is accepted, what makes the language of law different from other types of language use?   The chief differences may be discussed in relation to the following aspects: speakers stylistic differences specific vocabulary terminology issues syntactic structures 2.2 Speakers The language of law is a language of legal norms and related discourse. The language of legal norms is that of legislation, judicial decisions or contracts. It is said that it is the language created and used specifically by lawyers. Although the lawyers form the core of the language-of-law-speaking community, legislation, for example, is influenced by people with no legal educational background, yet who adopt the legal terminology and expressions to a certain extent. Drawing on the situation in the civil law system, the circle of the legal language users may be described as follows: The legislators (the drafters who actually write the laws; members of the parliament, whose knowledge of all the terminology and concepts is not complete and sufficient but who try to sound as if it was), i.e. all those who create the laws in the written form and who have real influence on definitions of legal terms The judiciary (judges and people who influence the written judgements assistants to the judges or court clerks vyÃ…Â ¡Ãƒâ€¦Ã‚ ¡Ãƒ ­ soudnà ­ à ºÃƒâ€¦Ã¢â€ž ¢ednà ­ci) The lawyers (when negotiating, giving speeches in court, drafting documents etc.; and when talking to one another) The circle of the law language speakers in common law systems is generally the same. The major difference is that the origins of certain terms and the evolution of the language are somewhat different due to the different sources of law (the main body of legal rules is to be found in judicial decisions not in legislation). The type of speaker influences the particular style of the legal language: there is a difference between the language of an Act of Parliament (or zà ¡kon) and the language used by lawyers when talking to one another about legal matters. Nevertheless, at times the language the lawyers use does not seem to resemble the language of legislation at all. Lawyers seem to have developed some linguistic quirks that have little communicative function, and serve mainly to mark them as members of the legal fraternity (Tiersma 1999, 51).   2.3 Style Language of law is said to be purposive and pragmatic (Knapp 1995, 122). Its style is therefore governed by these characters. There have been numerous attempts on defining ‘style. One of them was made by Vilà ©m Mathesius. He defines style as â€Å"individual, unifying character found to be present in any work resulting from intentional activity† (Vachek 1974, 114). Legal style refers to the linguistic aspects of the written legal language and also to the way in which legal problems are approached, managed and solved (Cao 2007, 22, quoting Smith 1995, 190). The style of the language of law is one of the functional styles. It is said to be marked and sometimes described as being a sub-style and the most typical specimen of the officialese style, the style of official documents (Vachek 1974, 187). On the other hand, in the last decades there have been authors who believed the style of the language of law to be a separate functional style alongside other functional styles, the officialese, or administrative, being one of them. The style of the language of law can be described mainly with regard t o its syntactical structure and specific vocabulary. 2.3.1 Syntactical Structure of the Language of Law Vachek (1974, 188) describes the sentences in English legal texts to be long and complex, yet clearly built up, using various typographical devices of distributing phrases, division of the text into parallel paragraphs and capitalizing certain crucial points of the document. When describing the typical features of legal English, Tiersma (1999, 51-71) gives the following list of typical features which overlap with Vacheks description at some points: lengthy and complex sentences, unusual sentence structure, wordiness and redundancy, conjoined phrases, frequent use of negation and impersonal constructions. Cao (2007, 22) gives two general characteristics of the legal language: impersonal constructions and extensive use of declarative sentences pronouncing rights and obligations. Mellinkoff (1963, 285) argues that the language of law should not be different from the ordinary language without reason. For such differences, the following rationales are usually given: legal language is more precise, shorter, more intelligible and more durable. Of these arguments, precision seems to be the leading feature of the language of law that should give reason to all the other features which are sometimes said to be its vices. These syntactical features are further discussed in relation to legal English and legal Czech respectively. 2.3.2 Lexis The most important difference that sets off legal language from ordinary language is its lexicon. Legal language makes use of numerous words and terms that are not common in ordinary language or carry an additional meaning different from their ordinary meaning. Legal language utilizes vocabulary from standard language both in their ordinary meanings (the majority of legal language vocabulary) and specialized meanings. This second class of words may create confusion because in legal texts they may appear in both their meanings ordinary and specialized. Knapp (1978, 17-20) distinguishes the following groups of words: legal terms words with specific legal meaning and specific meaning in another specialized language words with both specific legal meaning and ordinary meaning words having specific legal meaning, specific meaning in another specialized language as well as ordinary meaning words with neutral meaning In his later writing, Knapp (1995, 122) describes legal lexis as follows: words with ordinary meaning words with both specific legal meaning and ordinary meaning specific legal vocabulary legal language does not use some of the words with ordinary meaning (e.g. beauty, darkness) To complete the enumeration of characteristics of legal language, Mellinkoff (1963, 11) gives the following characteristics of legal English terms: frequent use of common words with uncommon meanings; legal archaisms (words from Old and Middle English, Old French and Anglo-Norman); terms of art; argot; formal words; use of expressions with flexible meanings. 3. Legal English Because of the nature of law, the language of law has developed particular linguistic features lexical, syntactic and pragmatic to meet the demands of law and to accommodate the idiosyncrasies of law and its applications (Cao 2007, 20). Legal English style and lexicon originate in various languages: Anglo-Saxon, Latin and/or French. Legal language was originally oral; any writings served only as a report of the oral ceremony (Tiersma 1999, 36). It took quite a long time to accept the written texts as authoritative. Formbooks were written and their main effect was conservation of legal language, its terminology and phraseology. Although the ritualistic and the magical has disappeared from law, it has not disappeared from the language of law. The main vices of legal English are said to be its wordiness and excessive use of archaic words and constructions. In the last 50 years legal English underwent significant changes, mainly due to the Plain English Movement, but certain specifics persist. 3.1 Style Legal style results from cultural and legal traditions. Its chief characteristics are impersonality, extensive use of declarative sentences, negative and passive constructions. Mellinkoff (1963, 24) says the language of law has a strong tendency towards certain mannerisms such as being wordy, unclear, pompous and dull. Legal texts tend to use number of words instead of one (e.g. annul and set aside instead of annul;or totally null and void instead of void). Sometimes, they seem to contain a great part of text that seems to be devoid of meaning (as Mellinkoff puts it) such as using metaphors. Pomposity in the language of law may take many shapes especially by using words evoking respect (e.g. solemn, supreme, wisely). Pomposity and wordiness, together with long complex sentences and a lack of clarity of expression contribute to the dullness of the legal language. It has been already mentioned that the nature of legal language is among others performative. As Cao (2007, 21) writes, legal utterances perform acts, creating facts, rights and/or institutions: they are speech acts. Their performative nature may be marked by special words such as hereby and various performative verbs such as declare, undertake, promise etc. 3.1.2 Syntax Legal language is highly formal and impersonal. This is achieved by passive constructions, complex and long sentences, multiple negations and prepositional phrases (e.g. in what follows, by virtue of which). Legal English is full of archaisms and this tendency may be seen in the syntax as well. The old-fashioned syntax still makes the legal text dense, though mainly thanks to the Plain English Movement there can no longer be found grammatical archaisms like the old ‘-th endings (Alcaraz and Hughes 2002, 7) in legal texts. Slightly archaic tone is achieved by the use of certain prepositional phrases such as pursuant to (very often used in contracts) or subject to. A certain degree of sexism can also be found: e.g. judges calling judges of the same rank brethren. Although it is typical of legal language to consist of unusually long sentences, there is a specific area of it that is rather plain and surprisingly comprehensible. The first group is the syntax of statutes, contracts or pleadings; the second group is that of judicial summaries of particular facts of cases. Complexity of legal English documents may be seen in their layout, multiple subordination and postponement of the main verb until very late in the sentence (Alcaraz and Hughes 2002, 19). In legal texts such as statutes, contracts or handbooks containing procedural rules, many possible situations, factual scenarios and exceptions must be provided for (Alcaraz and Hughes 2002, 20) therefore the sentences are often conditional and contain hypothetical formulations. The illegibility of legal texts derives from the fact that originally legal texts were written from the far left side to the other side of the page to avoid the possibility of adding anything to the text. From this fact t he custom of avoiding punctuation is also derived: full stops, commas and semicolons may alter the meaning of the sentence. As Mellinkoff writes (1963, 367), lawyers are still reluctant to end a sentence, even though the old reasons for skimping punctuation are gone. 3.1.3 Lexis To deal with legal lexis it may be useful to systematize it. Alcaraz and Hughes (2002, 16-18) classify it as follows: 1. Functional items grammatical words and phrases that have no direct referents either in reality or conceptual; 2. Symbolic (or representational) items all the terms that refer to things or ideas in the world of reality. This group can be further divided into: purely technical terms, semi-technical terms and shared, common or â€Å"unmarked† vocabulary a) Purely technical terms: terms found exclusively in the legal sphere that have no application outside. They can be one-word terms (barrister) or whole phrases (bring an action). Some of the theorists argue that these terms are so closely related to the legal system that they cannot be translated, but only adapted. Therefore, a number of terms is often left untranslated (e.g. estoppel, trust) (Alcaraz and Hughes 2002, 17). b) Semi-technical or mixed terms: words or phrases that have acquired additional meaning in addition to their common meanings (issue, consideration). Their number is constantly growing to meet the developing needs of the society. c) Everyday vocabulary found in legal texts (paragraph, subject-matter). Legal English lexis especially the purely technical terms and semi-technical terms comes from various origins. Because legal English is a product of its history, various influences can be traced in contemporary legal language. The eldest part of the legal lexis is Anglo-Saxon such as bequeath, manslaughter, oath or writ.[2] Besides vocabulary, a typical Anglo-Saxon feature alliteration is to be found in legal English. Its usage is closely linked to the original magical nature of law but it can be still (and often) found in legal texts and seems to have acquired some kind of terminological value: rest, residue and remainder, to have and to hold, hold harmless etc. There are also Middle English words that nowadays survive only in legal language: aforesaid, thence, there- and here- words etc. (Mellinkoff 1963, 13). Despite the native origins of some of the most characteristic legal terms, legal English draws on numerous Latin or Latinized terms. There are dozens of phrases that still have their place in everyday legal discourse and because of their Roman Law origin they are often common to the Civil Law system as well (lex fori, bona fide, res iudicata, restitutio in integrum). Some of these phrases have their calque version that may be used alongside the Latin one (bona fide or good faith, mors civilis or civil death). Although numerous words of Latin, Anglo-Saxon or Viking origin may be found in legal English, it may be argued that the main influence for the development of legal language is to be attributed to Norman and later to French. French used to be once the language of the royal courts. Despite several attempts to return to legal English (for example the 1362 Statute of Pleading which although itself written in French forbade using French in lawsuits), French remained in use until 1731, when it was together with Latin banned from being used in legal proceedings. A vast amount of the most basic legal vocabulary is of French origin (appeal, complaint, evidence, judge, tort or verdict, and real law French words such as estoppel or alien in the sense of transfer). French influence may be also seen in some legal phrases following the French way of putting an adjective after the noun (attorney general, fee simple) or in creating neologisms by adding an -ee ending (lessee, condemnee) to a verb. From what has been just said might follow that legal English is not â€Å"English† at all, especially when considering that the word law itself is derived from the Norse word for â€Å"lay† and means â€Å"that which is laid down†. Although legal language seems to be very old-fashioned at first sight, lawyers can be quite creative when it suits their purposes (as Tiersma writes[5]) and can create neologisms such as palimony, zoning or hedonic damages. A special feature of legal English of Anglo-Saxon origin is the conjoined phrases or multinominal expressions. Some of them are alliterated as for example the rest, residue and remainder, some of them are not, such as last will and testament. These phrasesconsist of synonyms or near-synonyms. It has been argued that one of the justifications of such language behaviour is the never-ending quest for absolute precision. But as Mellinkoff says, this may not be the case: the phrase last will and testament is not as precise as plain will and when one of these words is used, the other is superfluous (Mellinkoff 1963, 331-332). Perhaps a more sound justification for the wordiness of legal English is derived from its adversarial nature. Tiersma says that â€Å"virtually any legal document is liable, at some point in its existence, to be picked apart by an opponent eager to exploit a loophole or ambiguity in hopes of wiggling out of an agreement or contesting a will. The question arising when dealing with these conjoined phrases is whether they really present a redundant overflow of words or whether they constitute a special kind of term. But an answer to this question would be outside the scope of this thesis. 4. Legal Czech Legal language is a specialized language of legal texts (Tomà ¡Ãƒâ€¦Ã‚ ¡ek 2003, 25). It is the main means of communication within law as a legal system. Communication between the legislator and the addressees of legal norms is carried out solely by language. It is mostly a natural language (the exceptions being for example road signs) and a standard language. Knapp (1988, 95) argues that there are non-standard languages of law as well, such as the spoken language of judges, or legal slangs, such as the law students speak). Legal Czech can be distinguished from the ordinary Czech especially with respect to its style. Knapp (1995, 120) distinguishes between three varieties of legal Czech: Language of laws (language of legislation) Language of courts (decision making) Language of lawyers (language of legal representation) It is typical of legal Czech that it originates from the language of legal norms the language of legislation. Legal norms regulate social relationships: they state what should be done (prescriptive function) as well as what is (descriptive function). The language of judicial decisions and the language of lawyers are basically derived from the language of legal texts. 4.1 Style Knapp (1988, 96) argues that there may not be a unified legal style because there are recognizable stylistic differences between the language of legal texts, lawyers speak or the language of theoretical legal texts. Basic stylistic requirements of legal texts may be listed as follows: precision definiteness brevity comprehensibility/understandability stability   inexpressiveness purposiveness Some of the points of this list of basic requirements quoted by Tomà ¡Ãƒâ€¦Ã‚ ¡ek (2003, 28) are developed later. a) Precision and Definiteness Precision seems to be the most important legal language requirement, not only with respect to legal Czech but other legal languages as well. To ensure legal certainty and the principle of equality in law, law must state all the rights and obligations of its subjects exactly and without doubt. This does not mean that all the legal expressions must be absolutely exact and precise: legal Czech is full of vague words, words with flexible meanings. This vagueness may not be a flaw in precise legal language. Expressions such as mà ­ra pÃ…â„ ¢imĆºÃƒâ€¦Ã¢â€ž ¢enà ¡ pomĆºrÃ…Â ¯m (degree adequate to the circumstances), znaÄ nà ¡ Ã…Â ¡koda (substantial loss), vĆºk blà ­zkà ½ vĆºku mladistvà ½m (an age close to the age of minors/juveniles), may be interpreted according to particular circumstances of the case. Relatively frequent use of these expressions in Czech legal texts may be explained by the nature of continental-system leg al norms. Czech legal norms (and continental legal norms in general) tend to be more general, often using vague expressions to leave their interpretation on courts. Common-law-system norms tend to be more casuistic and such vagueness of expression would be perceived as inadequate.  Ã‚  Ã‚   Unless used in legal theory and scientific legal writings, use of synonyms is forbidden. Although we may find such synonyms in the bulk of legal expressions, legislation usually chooses only one of them and keeps using it to avoid any misinterpretation. Here are some examples of such synonyms in legal Czech: zletilost plnoletost (legal age majority; only zletilost is a truly legal expression), zpÃ…Â ¯sobilost k prà ¡vnà ­m à ºkonÃ…Â ¯m svà ©prà ¡vnost (legal capacity; only the first expression is known to the legal texts)[7]. Contrary to the use of synonyms, the use of polysemes and homonyms is not that easily avoided. When such use is inevitable, the meaning of such expressions must be interpreted by context: nà ¡lez (finding) may refer to nà ¡lez Ústavnà ­ho soudu (Constitutional Courts ruling) or to nà ¡lez vĆºci opuÃ…Â ¡tĆºnà © (finding of a derelict), zapoÄ tenà ­ (inclusion) may refer to zpÃ…Â ¯sob zà ¡niku zà ¡vazku (a way of termination of an obligation), kompenzace (compensation) etc. b) Stability To regulate social relationships and to ensure legal certainty, legal terminology and style should be relatively stable. This does not mean that the meaning of the terms does not change from time to time. Stability means that one and the same term used in a legal text should denote one and the same thing (Knapp 1995, 125). It is typical of legal Czech to â€Å"normalize† certain words and phrases, to set firmly their meanings and way of usage (see for example Knapp 1978, 47-48). c) Comprehensibility/Understandability This requirement is closely connected to that of purposiveness and precision. Legal text should communicate its content clearly and without doubt to its addressees. The ideal of understandability is to make the addressee of the legal norm understand it in the same way as its creator (Knapp 1995, 126). In another work Knapp (1988, 99) argues that even people with no legal education are able to understand the text of a legal norm. The language of law is sometimes demonized but to understand the language of law in reality is not very difficult. The demand for popularization of legal language would suggest that people read legal texts on a daily basis: but this is not so. Whether we like it or not, law seems to be a complex system that has developed its terminology and to understand the law and its language needs a specialized education in the same way as medicine does. To simplify the language of law yes; to vulgarize it no. What people may not understand when reading a law or a contr act should be issues connected to law, not to language. 4.1.1 Lexis Legal Czech makes use of all classes of words except interjections. Words of various language origins are included: traditionally Latin, less often French and recently English. Legal Czech makes use of various Latin phrases which are even taught at law schools and are used relatively frequently in legal texts and in lawyers talk. These include phrases such as inter vivos (among the living), mortis causa (in case of death) or even whole sentences describing legal principles such as Ignorantia iuris neminem excusat (The ignorance of law does not excuse). With the growth of European Union legislation and numerous international contracts, English terms slowly find their way into legal Czech. Typically, these are words for which there is no Czech equivalent (due to the systemic differences, Chapter 5) and to avo

Dr. Maya Angelou (personality theory) Essay

Dr. Maya Angelou was born Marguerite Johnson on April 4, 1928, in St. Louis, Missouri. Her father, Baily Johnson, was a doorman, and, later a dietician for the navy. Her mother, Vivian Johnson, was a registered nurse. When Angelou was three years old, her parents were divorced. They sent her and her four-year-old brother, Baily, Jr., to live with their paternal grandmother, Annie Henderson, in Stamps, Arkansas. Henderson ran a small general store and managed to scrape by. She continued to do so after her grandchildren joined her. Angelou’s grandmother was one the many strong who trained her, helped her, and provided her with role models. The people of her church also nurtured her and gave her a sense of belonging to a community. But her child hood in the south was a nightmare. In 1982, Maya Angelou told Ebony Magazine about Stamps. She said: â€Å"When I was taken to California by my grandmother, I vowed never to return to the grim, humiliating south. Except for a tentative trip to visit when I was eighteen, I didn’t break my promise until I was forty years old.† When she was seven and a half, Angelou left Stamps to visit with her mother. While there, she was raped by her mother’s boyfriend. He was tried, found guilty, and kicked to death in prison. The confused little girl felt responsible for his death and withdrew into herself. â€Å"I was mute for five years, I wasn’t cute and didn’t speak. I thought he was killed because I spoke his name that was the only logic I was able to employ. So I thought if I spoke, anybody might die.† In frustration, her mother sent her back to Stamps. Her emotional withdrawal caused many to think of her as backward, but her grandmother did not give up on her. â€Å"My grandmother told me all the time, ‘Sister, Mama don’t care what these people say about you being a moron, being a idiot. Mama don’t care. Mama know, Sister, when you and the good Lord get ready, you’re gonna be a preacher.'† Angelou was also helped by a woman named Bertha Flowers, who i ntroduced her to literature. By the time of her graduation from eighth grade, she was at the head of her class. While attending high school, she took drama and dance lessons. She then decided that she wanted to be a streetcar conductor in San Francisco. Although San Francisco had never had a Black conductor and was not eager to hire one, she persisted and, with her mother’s support managed to attain her goal. At sixteen Angelou gave birth to her son, Guy. She did not plan her  pregnancy but has always been grateful that it happened. â€Å"The greatest gift I’ve ever had was the birth of my son. Because when he was small, I knew more than he did, I expected to be his teacher. So because of him, I educated myself. He began to ask questions I didn’t have the answers to, so I started my lifelong love affair with libraries . . . I’ve learned an awful lot because of him. â€Å" Still, her life at this time was not easy. In addition to teaching her son, she also had to support him. She was a cook and a nightclub waitress and, for a short time, â€Å"madam† for two lesbian prostitutes. She began doing drugs but then quit after seeing what they had done to her brother. When she was twenty-two, Angelou married Tosh Angelos, a white former sailor. Two years later she left him and became a professional dancer. She then moved to New York to pursue a career and study with Pearl Primus. In 1954, she was cast in a production of Porgy and Bess that toured Europe and Africa. When she came back to the United States, in 1960-61, she was northern coordinator of the Southern Christian Leadership Conference (SCLC). In 1961 she also appeared in an acclaimed off-Broadway production of the Blacks, by Jean Genet. The show was highly successful and ran until 1964. By this time, Angelou was writing poetry, short stories, and songs. Her reputation was growing. In 1970, I Know Why the Caged Bird Sings was published. It became a best seller and an instant classic, and became a made-for-television movie. In 1971, her screenplay Georgia, was made into a film, making her the first Black woman to have an original screenplay produced. The four other volumes of her autobiography are, Gather Together in My Name (1974), Singin’ and Swingin’ and Gettin’ Merry Like Christmas (1976), The Heart of a woman (1981), and All God’s Children Need Travelin Shoes (1986). She also published several volumes of poetry and has been nominated for the Pulitzer Prize for one of the, Just Give Me a Cool Drink of Water ‘fore I Diiie (1971). In 1973, Angelou appeared on Broadway in Look Away and was nominated for a Tony Award. In 1977 she received an Emmy nomination for her performance in the mini series Roots. She was appointed to the Bicentennial Commission by President Gerald Ford and to the Commission of International Women’s Year by President Jimmy Carter. For many  Americans, one of the most memorable moments during the inauguration of President Bill Clinton, on January 20, 1993, came when Maya Angelou recited the poem, â€Å"On the Pulse of Morning† not since 1961, when Robert Frost read his work at the ceremony for president John F. Kennedy, had a poet taken part in a presidential inauguration. Dr. Angelou is best known for the first volume of her autobiography, in it, she bravely speaks of her battle to overcome abuse, rape, and poverty. For thousands of young Black women reading the book, it is a way of passage for those who have been similarly victimized, it is like a soothing ointment that helps heal the wounds. Angelou gives a voice to the voiceless; she says, â€Å"You’re not alone. In happened to me too. You are not to blame. You will survive.† The Humanistic approach can be applied to Dr. Maya Angelou’s biography in a number of ways. In order to do so, I attempted to take each piece by piece to gain a clear understanding of both. Beginning with the four elements of the approach: it is obvious that she accepts personality responsibility for her life, and doesn’t blame anyone else for anything bad that may have happened to her. She hasn’t allowed anyone else to make her decisions. Her need for personal growth doesn’t seem like it has been met due to the fact that she continues to work and strive for more. I would consider Dr. Angelou to be a fully functioning person because she trusts her own feelings, and experiences them very deeply. It is easy to tell that she really cares about other people and is a true humanist (motivation by growth need). When looking at Manslow’s hierarchy of needs, it is obvious that her physiological needs have been met, simply because, she is still alive. Since her life as a child was very chaotic and her future was unpredictable, her safety needs were not met at that time. Statements such as â€Å"All my life, everything has been about survival. All of my words are meant to say. ‘You may encounter many defeats but you must not be defeated. In fact the encounter may be the very experience which created the vitality and the power to endure, â€Å"‘ lead me to believe the she has, however, managed to find a way to stabilize her life and have those needs met. â€Å"What I would like said about me is that I dared to love.† She said to Essence Magazine. â€Å"By love I mean the condition in the human spirit so profound it encourages us to develop courage and build bridges and learn to trust those bridges and cross the bridges in attempt to reach other human beings.† This shows that her belongingness and love needs have been met because she knows that they are important and has allowed them to be. I believe that the kind of love adopted by Angelou is B-love because she is really concerned with the well-being and growth of others. I could tell that her self-esteem needs have also been met because if they weren’t, she wouldn’t be as successful as she is. One statement in the book that really stood out to me about self-actualization was made by Manslow†: An artist must paint, a poet must write, if he is to be ultimately at peace with himself. What a man can be, he must be. He must be true to his own nature.† I feel that although Angelou is doing something that makes her happy, and that she loves, her self actualization needs have not been met because she continues to do more. I personally believe that if these needs are met, then people lose their motivation and drive to live, because there is nothing to achieve, no goals to reach, which results in nothing to look forward to anymore. Maya Angelou is a psychologically healthy person because she does posses self-actualizing creativity, which is shown in her writing, she accepts herself, and expresses herself freely. I think her life seems to be full of optimal experiences, one of which is writing. She has stated that she â€Å"can write for eighteen hours straight in complete solitude and not notice it.† She also seems to have no problem with disclosure, which is obvious because she is a writer. She continuously puts her feelings and emotions on display. She discloses events that are traumatic as well as those that are not, which seems to be good for her self-development because it is a great release. I’m not really sure if Dr. Angelou has experienced loneliness, but it is possible because everyone has felt that way at one time or another. â€Å"One would say of my life-born loser-had to be: from a broken family, raped at eight, unwed mother at sixteen . . . in fact but that’s not the truth. In the Black community, however bad it looks, there’s a lot of love and much  humor.† This statement shows that there are many ways in which race, and sex have affected Angelou’s life because she would not have gone through a lot of the experiences that she has if she simply were not a Black woman. â€Å"You’re going to be famous,† Billie Holiday told Maya Angelou in 1958, â€Å"but it won’t be for singing.† The first part of this prophecy was fulfilled. The second part, in the most superficial sense, was true as well. Angelou’s fame did not grow from the nightclub singing she was then doing to support herself and her son. But in a way Holiday was wrong. Since she first put paper to pen, Maya Angelou has been singing. In closing, by taking all of the aspects of the Humanistic approach into consideration, I believe that it does, give a few possible explanations about Dr. Angelou’s personality when directed to the little information that is given about her in her biography. By writing this paper I feel that I have gained a deeper insight on how to appreciate and apply this approach to the life and personality of anyone. I understand how this approach can apply to many people that I come into contact every day and possibly explain why they behave in the manners that they do. If they are writers and all that they put forth are sad pieces, if they are singers and mostly talk about sex. Whatever the case may be, there is a reason behind the things that people do. The humanistic approach can apply to all areas of life with no exclusions based on race, class, or gender.

Essay about Homophobic, I Think Not - 736 Words

We all know who Eminem is whether it be because we listen to his music or because of the huge controversy that seems to fallow his next billboard hit. Ever sense the release of his first album The Slim Shady LP in 1999 or the more predominate album under fire The Marshall Mathers LP released in 2000, and Encore in 2005 Eminem has been fighting off critics and gay and lesbian right activists because of his lyrical content. People say that he is a homophobic gay basher with no respect for women. Encore is another brilliant work from eninem but the album that started the most controversy was The Marshall Mather LP. Eminem gave his foes plenty of ammunition. In Criminal, he declared: My words are like a dagger with a jagged†¦show more content†¦A lot of my sh*t was so blatantly comic, how could you take it seriously? With The Marshall Mathers LP I brought it to a different level: If this is how you perceive me, then this is what Im gonna be. (VH1) Also coming with the release of The Marshall Mathers LP in 2000, the Gay and Lesbian Alliance Against Defamation labeled his lyrics offensive and launched a furious campaign against Interscope Records. There is no question that he has benefited from the fierce debate over the gay content of his lyrics. If you want a good estement of how much it helped him count every picket sign, T.V. show bad mouthing him, and parent telling their kid they cant listen to him; now multiply it by 10,000 because that how many more albums they just sold for him. I could understand if I just said all those things and just left it at that, but I was using irony and keeping my tongue in my cheek. Anybody with half a brain should be able to listen to it and understand that Im pushing your buttons. (vh1) The biggest blow to critics and protesters came at the 2005 Grammies. Where Eminem performed his moving duet with Elton John; and the movie 8 Mile which his character heroically confronts a gay basher. In 2005 Elton John wrote Eminem has the balls to say what he feels and to make offensive things funny. Thats very necessary today in America, with people being muzzled and irony becoming a lost art. Artists like Eminem who use their free speech to get a point across areShow MoreRelatedThe Medi Good Or Bad?947 Words   |  4 Pagesfight racism and homophobia, racist homophobic bigots like Phil Robertson from â€Å"Duck Dynasty† should get more media exposure; his exact words are â€Å"[Duck Dynasty] should show Robertson being as homophobic as he pleases, in his home, his church, his community.† (Kim 2) His opinion is that people should see â€Å"the whole picture – homophobia included† in order to fully understand that people still believe as Robertson does, and hence fight racism and homophobia. 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It is this sort of hip-hop music that produces a distorted mix of interracial discrimination and promotes the homophobic neurosis that is extremely damaging to impressionable minds (Stanford 39)Read MoreQueerness in Lee Maracle ´s Ravensong813 Words   |  3 Pages1950s, isn’t explicitly or implicity queer (although she is potentially queer, I would say, given Maracle’s take on sexuality). There is, however, a lesbian couple who feature as secondary characters in Ravensong, and I think th eir inclusion is really significant, for a few reasons. Mostly, I find the way that the novel deals with queer sexuality in relation to its politics of decolonization fascinating. In fact, I think honing in on how the novel deals with queerness is a great way to understand

Brain Studies on Traumatic Brain Injuries - 1953 Words

Phineas Gage, a 25 year old construction worker is known as one of the most famous patients that suffered from a traumatic brain injury. While working at a railroad site, an iron tamping rod (43 inches long, 1.25 diameter) went through his left cheek, through his brain, and out the skull. He surprisingly ended up surviving this traumatic injury. After a month in the hospital, he was back out on the street. Once a nice, caring person, Phineas turned into an aggressive man who could not even keep a job. Just like Phineas Gage, a TBI can potentially change everything. Brain studies on traumatic brain injuries are increasing every year. Even though the brain is very functional, brain injuries can have many physical, emotional, social, and†¦show more content†¦Some mild cases may even go unnoticed (Parker 20). Severe cases may include: loss of consciousness for minutes/hours, minimum coordination, slurred speech, seizures, dilation in the eyes, and unusual behavior. These cases m ay potentially be long-term or even forever (Bellamy 30). The effects of a TBI all depends on where the head is injured. The patient may have one to very many different areas of difficulties (Brain Structures and Their Functions). Injuries on the left side of the brain can impact the receptive/expressive language, verbal memory deficits, reactions, logic, and the control of the right side of the body movements (Carter 34). Injuries on the right side of the brain can affect visual memory deficits, music perception, creativity, and the control of the left side of the body movements. About 85 percent of people with TBI, those problems get better, but the other 15 percent have problems that last forever (Cicala 224). Long-term consequences have many different effects. There are four categories that a person with long-term effects may suffer: alteration of consciousness, cognitive difficulties, physical difficulties, and emotional/behavioral difficulties (Bellamy 30). They may have problems thinking, learning, talking, walking, and remembering for the rest of their lives. Any person that has had a brain injury is at risk ofShow MoreRelatedA Study On Traumatic Brain Injury6523 Words   |  27 Pagesparindent{ }Traumatic brain injury is a significant health problem in the United States that is estimated to occur in 1.6-1.8 million persons annually (citealt{faul2010}). Diffuse axonal injury is %the most frequently occurring a common type of traumatic brain injury primarily characterized by damage to the axons (citealt{smith2000, Gennarelli1982}). An improved understanding of the pathophysiology of diffuse axonal injury is needed to develop improved diagnostic tools, protective measures andRead MoreA Study On Traumatic Brain Injury6528 Words   |  27 Pages parindent{ }Traumatic brain injury is a significant health problem in the United States that is estimated to occur in 1.6-1.8 million persons annually (citealt{faul2010}). 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