Rationalism | Britannica.com

Rationalism has somewhat different meanings in different fields, depending upon the kind of theory to which it is opposed.

In the psychology of perception, for example, rationalism is in a sense opposed to the genetic psychology of the Swiss scholar Jean Piaget (18961980), who, exploring the development of thought and behaviour in the infant, argued that the categories of the mind develop only through the infants experience in concourse with the world. Similarly, rationalism is opposed to transactionalism, a point of view in psychology according to which human perceptual skills are achievements, accomplished through actions performed in response to an active environment. On this view, the experimental claim is made that perception is conditioned by probability judgments formed on the basis of earlier actions performed in similar situations. As a corrective to these sweeping claims, the rationalist defends a nativism, which holds that certain perceptual and conceptual capacities are innateas suggested in the case of depth perception by experiments with the visual cliff, which, though platformed over with firm glass, the infant perceives as hazardousthough these native capacities may at times lie dormant until the appropriate conditions for their emergence arise.

In the comparative study of languages, a similar nativism was developed in the 1950s by the innovating syntactician Noam Chomsky, who, acknowledging a debt to Ren Descartes (15961650), explicitly accepted the rationalistic doctrine of innate ideas. Though the thousands of languages spoken in the world differ greatly in sounds and symbols, they sufficiently resemble each other in syntax to suggest that there is a schema of universal grammar determined by innate presettings in the human mind itself. These presettings, which have their basis in the brain, set the pattern for all experience, fix the rules for the formation of meaningful sentences, and explain why languages are readily translatable into one another. It should be added that what rationalists have held about innate ideas is not that some ideas are full-fledged at birth but only that the grasp of certain connections and self-evident principles, when it comes, is due to inborn powers of insight rather than to learning by experience.

Common to all forms of speculative rationalism is the belief that the world is a rationally ordered whole, the parts of which are linked by logical necessity and the structure of which is therefore intelligible. Thus, in metaphysics it is opposed to the view that reality is a disjointed aggregate of incoherent bits and is thus opaque to reason. In particular, it is opposed to the logical atomisms of such thinkers as David Hume (171176) and the early Ludwig Wittgenstein (18891951), who held that facts are so disconnected that any fact might well have been different from what it is without entailing a change in any other fact. Rationalists have differed, however, with regard to the closeness and completeness with which the facts are bound together. At the lowest level, they have all believed that the law of contradiction A and not-A cannot coexist holds for the real world, which means that every truth is consistent with every other; at the highest level, they have held that all facts go beyond consistency to a positive coherence; i.e., they are so bound up with each other that none could be different without all being different.

In the field where its claims are clearestin epistemology, or theory of knowledgerationalism holds that at least some human knowledge is gained through a priori (prior to experience), or rational, insight as distinct from sense experience, which too often provides a confused and merely tentative approach. In the debate between empiricism and rationalism, empiricists hold the simpler and more sweeping position, the Humean claim that all knowledge of fact stems from perception. Rationalists, on the contrary, urge that some, though not all, knowledge arises through direct apprehension by the intellect. What the intellectual faculty apprehends is objects that transcend sense experienceuniversals and their relations. A universal is an abstraction, a characteristic that may reappear in various instances: the number three, for example, or the triangularity that all triangles have in common. Though these cannot be seen, heard, or felt, rationalists point out that humans can plainly think about them and about their relations. This kind of knowledge, which includes the whole of logic and mathematics as well as fragmentary insights in many other fields, is, in the rationalist view, the most important and certain knowledge that the mind can achieve. Such a priori knowledge is both necessary (i.e., it cannot be conceived as otherwise) and universal, in the sense that it admits of no exceptions. In the critical philosophy of Immanuel Kant (17241804), epistemological rationalism finds expression in the claim that the mind imposes its own inherent categories or forms upon incipient experience (see below Epistemological rationalism in modern philosophies).

In ethics, rationalism holds the position that reason, rather than feeling, custom, or authority, is the ultimate court of appeal in judging good and bad, right and wrong. Among major thinkers, the most notable representative of rational ethics is Kant, who held that the way to judge an act is to check its self-consistency as apprehended by the intellect: to note, first, what it is essentially, or in principlea lie, for example, or a theftand then to ask if one can consistently will that the principle be made universal. Is theft, then, right? The answer must be No, because, if theft were generally approved, peoples property would not be their own as opposed to anyone elses, and theft would then become meaningless; the notion, if universalized, would thus destroy itself, as reason by itself is sufficient to show.

In religion, rationalism commonly means that all human knowledge comes through the use of natural faculties, without the aid of supernatural revelation. Reason is here used in a broader sense, referring to human cognitive powers generally, as opposed to supernatural grace or faiththough it is also in sharp contrast to so-called existential approaches to truth. Reason, for the rationalist, thus stands opposed to many of the religions of the world, including Christianity, which have held that the divine has revealed itself through inspired persons or writings and which have required, at times, that its claims be accepted as infallible, even when they do not accord with natural knowledge. Religious rationalists hold, on the other hand, that if the clear insights of human reason must be set aside in favour of alleged revelation, then human thought is everywhere rendered suspecteven in the reasonings of the theologians themselves. There cannot be two ultimately different ways of warranting truth, they assert; hence rationalism urges that reason, with its standard of consistency, must be the final court of appeal. Religious rationalism can reflect either a traditional piety, when endeavouring to display the alleged sweet reasonableness of religion, or an antiauthoritarian temper, when aiming to supplant religion with the goddess of reason.

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Rationalism | Britannica.com

Journal of Nanomedicine and Nanotechnology- Open Access …

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The spontaneous association of molecules under equilibrium conditions into stable, structurally well-defined aggregates.

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Having an organization more complex than that of a molecule.

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Nanomedicine | Ardena

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Nanomedicine | Ardena

The Zeitgeist Movement Australian Chapter

DAY ONE

Zeitgeist Movement supporters started pouring in from chapters all around the world as the doors opened to the very appropriately named New Globe Theatre in Brisbane, Australia, Saturday morning on the last weekend of March.

Organisers scurried excitedly, setting up the various areas, including: the merchandise space; the questions for PJ booth; the vegan food buffet; the bar; the workshop space, scattered with comfy chairs and recommended readings; and of course, the main stage, where presentations would be continuously running over the first two-day Z-Day main event.

Check out this great overview of Z-Day Day One by one of the very talented New Zealand coordinators, Wiri Te Moni.

The volunteer technicians, and chapter coordinators Jason Lord from LA and Michael Kubler from Adelaide, worked tirelessly, making sure we had quality recordings of each presentation for later viewing on the TZMGlobal YouTube Channel. Audience members got comfortably acquainted and seated. (Links to presentation recordings will be added to this post as they are uploaded.)

Photos by Michael Kubler @kublermdk, Renee McKeown, and Jason Lord

As soon as everything was ready to go, Z-Day Global kicked off, starting with my opening presentation, where I spoke about the theme of this years Z-Day: Towards Global Unity and Abundance, as well as advice on creating a sustainable and successful chapter, the amount of work involved in making Z-Day happen, ways to avoid economic bigotry, and concluding with a certain framing of encouraging a unified quest to understand the nature of reality rather than personal ambition to win over your perceived opponents.

Casey Davidson, Australian National Coordinator

This was followed by the very knowledgeable and insightful Franky Mller, National Coordinator of the German chapter. Franky shared TZM Understandings important information about The Zeitgeist Movement, refreshing our minds and filling in important gaps in knowledge for those still learning about the tenets and train-of-thought.

Franky Mller, German National Coordinator

See Frankys presentation here.

After Franky, the second of our presenters, Cameron Reilly entertained the crowd with a tongue-in-cheek questionnaire asking the audience about their own psychopathic tendencies and giving them the opportunity to measure it according to their results. He talked about the specific traits of psychopaths, touching on the idea that people who fit into this personality type are not changeable and will always be born. Additionally, the system we have created actually encourages people with these tendencies to acquire positions of power, hence the title of his presentation, the Psychopath Economy.

Simultaneously, we had set up a workshop space in the adjacent room for Z-Day participants who were more interested in being involved in activities and discussions. The first of these workshops came from Caroline Rentel, author and activist, who shared ideas about a relatively new writing genre, Solarpunk, basically based in a future society beyond scarcity and hierarchy, where humanity, nature and technology are integrated.

Caroline Rentel, Solarpunk author

Caroline and Camerons presentations lead into lunch time, where a selection of delicious vegan foods were provided as part of the Z-Day ticket. Curries, cakes, sushi, burgers and snacks were available for all participants served on eco-friendly plates with serviettes and cutlery. Thanks to the lead food volunteer coordinator, Vicky Syme and everyone else who worked so hard to make food available for everyone. For future Z-Day organisers, I would suggest that having food available at the venue is very important in keeping the audience members together to collaborate and be on time for the presentation straight after lunch.

Vegan chefs Vicki and Margarita

Lunch time!

Our first presentation after lunch came from Rich Penney, who we flew in from Toronto, Canada. Rich has attended several Z-Days as one of the most intruiging and informed presenters within the Movement. This year he shared the very clear Contradictions of Capitalism, in a way that allowed us some insight into Richs life living with disability, as well as intellectual gifts that cant be easily monetised in this society. This is a fantastic introductory presentation to help people understand the core problems of the way we have structured society.

We were next graced with the presence of two of the very talented guys from acclaimed Aussie band, Dead Letter Circus, Kim Benzie and Luke Williams. As I have personally been a long-time fan of DLC with their unique sound, emotionally evoking and incredibly conscious lyrics which fall in line beautifully with the tenets of the Zeitgeist Movement, it was amazingly awe-inspiring to hear Luke and Kim talk about their personal experience and journey as artists against oppression. The uplifting conclusion of their presentation of their song While You Wait, together with lyrics and the comically-titled anti-establishment drum solo moved the audience to a standing ovation.

Luke Williams, Dead Letter Circus Drummer

Kim Benzie, Dead Letter Circus Vocalist, Z-Day 2017

While these presentations were going on, Oliver Koslik from Canada presented interactively in the workshop space on Emotional Suppression: A short course on how to recognise and deal with gas-lighting/ambient abuse.

Oliver Koslik

The fun continued on the main stage as we introduced the next of our international guests, Euvie Ivanova from the Future Thinkers Podcast. As a co-host of the Future Thinkers Podcast, Euvie promotes technology, science and consciousness for social concern.

Here is a quick overview of the premise of the Future Thinkers Podcast.

Euvies presentation was particularly focused on consciousness development, as she spoke pragmatically about ways in which we can explore our consciousness using methods from a variety of doctrines. This was particularly interesting to the audience as something that hasnt been discussed in detail in regards to TZM.

Euvie Ivanova Future Thinkers Z-Day

The other half of the Future Thinkers Podcast, Mike Gilliland, followed Euvies presentation. Mike shared his thoughts on the potential of blockchain technology, beyond the limitations of bitcoin. Topics such as decentralisation, security and developing intelligent management systems were explored.

Mike Gilliland from Future Thinkers at Z-Day 2017

During Euvie and Mikes presentations, the Melbourne chapter coordinators Brad Cini and Sonny Vice sat with an intrigued group in the workshop space as they spoke about their upcoming Zero Waste/Minimalisation project they are in the process of creating, and hopefully recreating in cities outside of Melbourne.

Sonny Vice and Brad Cini from the Melbourne Chapter

Everyone was ready for another break to debrief and snack, before moving into the final presentation of the day from ex-Italian coordinator and futurist author Federico Pistono. Federico presented Ethics of Technology, sharing an alternative look at the worlds state of affairs, suggesting ways in which technology is already shifting humanity forward, and new ethical considerations that need to be taken into account regarding this. He shared some controversial topics for discussion that lead into his concluding statement about exponential empathy.

Federico Pistono at Z-Day 2017 Brisbane Australia

Just before the panel, Gilbert Ismail shared a brief update on the global chapters administration and new website. Mark Enoch shared his method for marketing the RBE message in the workshop space, followed by Matt Peddie and Vera L Te Velte from the CryptoParty who showed audience members ways to make their devices more secure.

After all the presentations, I was fortunate enough to lead the Day One Panel, where audience members had the opportunity to ask the speakers questions from the first days presentations on the main stage. This included a lively discussion where panellists authentically shared their thoughts on activism within TZM, as well as a range of social, economic and environmental concerns and ideas for consideration.

Panel from left:Casey Davidson, Franky Muller, Rich Penney, Luke Williams, Kim Benzie, Euvie Ivanova, Mike Gilliland, Federico Pistono, Gilbert Ismail

Day One Z-Day 2017 Panel At front: Casey Davidson Back from left: Franky Muller, Rich Penny, Luke Williams, Kim Benzie

Z-Day 2017 in Brisbane was the first Global event to have presentations as well as workshops. It was also the first with evening performances. A big thanks to the beautiful Anita Diamond for MCing and organising the evenings performances. Roger Smith shared his spontaneous outbreaks of reason, with his passionate funk/blues/rock sound, bringing urgency to the message of the Zeitgeist Movement. This was followed by other local artists including Aceso and The Duke. The evening was complete with DJ SAMARI, coming in from Auckland, New Zealand who shared his Zeitgeist Anaglyph.

Aceso

DAY TWO

Enthusiastic minds entered the New Globe Theatre for the second and final day of the Z-Day weekend with presentation and Q & A from Zeitgeist Movement founder and Zeitgeist film creator Peter Joseph. For a quick overview of the second day, check out Wiris vlog below.

Californian coordinator Jason Lord, kicked off Day 2 with his presentation, Defining Root Causes a short tour through common surface associations where people fall victim to seeing persistent problems as individual outcomes that need fighting or resisting. Jasons presentation explored how to see these problems as symptoms pointing to a systemic problem and helping people see how the system view can help shape your actions when it comes to activism and discussion with peers.

Jason Lord, California TZM Coordinator

Jason then introduced Peter Joseph, TZM Founder, who started with his concise presentation titled Train of Thought before delving into questions I took from the PJ booth and the audience. Just some of the topics discussed include adapting to natural laws, the victims of our structure particularly our social system, human nature, white imperial self indulgence, biodiversity, how every life support system is in decline, abundance producing mechanism, corporations, techno-capitalist apologists, structural violence, discussion about the Interreflections trailer, managing the Movement and its role in activism, philanthropy and consciousness.

Watch Peters Q & A in the video below.

After Peter, the audience once again enjoyed a delicious vegan lunch, before coming back for the final presentations, which were focused around the fight and the build towards the Zeitgeist Movements ultimate vision of a Resource-Based Economy (RBE). Richard Ostmason of the Money Free Party New Zealand, shared the work he has been doing within the political establishment to engage people into thinking about the potential of actually seeing an RBE in the short-term, particularly in New Zealand.

Richard Ostmason, Money Free Party NZ, presenting at Z-Day 2017

Next, Adelaide coordinator, Michael Kublers presented about the Price of Zero Transition, making a very important point that we cant wait for collapse and then expect to grow the world we want to see out of the ashes (coined the Phoenix Model). Rather, we need to start making systemic changes now in a variety of ways if we truly want to see an RBE.

Michael Kubler presenting at Z-Day 2017

This was followed by Ziggy Tolnay of the Sydney chapter, who shared a concept called the RBE10K project, about creating a physical community in which people could participate in as a transitionary method towards a global RBE.

Ziggy Tolnay presenting at Z-Day 2017

By this stage, the crowd was growing exceedingly weary after two full days of learning and sharing, but were very fortunate to be jolted back to the present with the very talented and insightful Eleanor Goldfield, with her emotionally evoking and painfully accurate spoken word performance about capitalism and activism. This was followed by her presentation, which rounded up the whole two days worth of events as she shared her very honest and authentic thoughts on the importance of the fight and the build that needs to happen as we work towards a post-capitalist society, making clear that capitalism will die, but whether we die with it is up to us.

Eleanor Goldfield performing and presenting at Z-Day 2017 Brisbane Australia

Eleanor Goldfield performing and presenting at Z-Day 2017 Brisbane Australia

Eleanor Goldfield performing and presenting at Z-Day 2017 Brisbane Australia

During the main stage presentations, a generous portion of the audience had made their way into the workshop space to engage with a very interesting and important presentation with one of the most experienced, thoughtful and knowledgeable ethics and systems designers, Richard Mochelle. Richard shared his thoughts on a tangible way to acquire land for a Resource-Based Economy, outside of the current methods of land acquirement, which requires submission to the current economic paradigm. Richard suggested that this land could be acquired through creating an RBE trust, in which baby boomers ultimately give their land to a cause in which promises are made to care for their land and not sell it back to the banks.

Richard Mochelle and Casey Davidson

The audience had another quick break before joining us again for the final panel with Day 2 presenters, including Peter Joseph. A range of topics were once again discussed including UBI, as well as other concerns and questions regarding transition.

Day 2 Panel Z-Day 2017

Id like to put out a big thanks to Vince and JV, who have attended every Z-Day Global since its incarnation, and have worked on the door every year, providing a significant help to coordinators, including myself.

JV and Vince Z-Day 2017 Brisbane Australia

A big thanks also to my wonderful local chapter team who managed the merchandise stand, who helped set up and pack up the venue, who managed the workshop space, and generally made everything run smoothly. Particularly to James Pauly, Karl Hansen and Lara Jordan. Thanks also to the New Globe Theatre for providing the wonderful space.

James Pauly

TZM Merchandise

Thanks also to the lovely vegan activists who spent two full-days at the event sharing their knowledge about the environmental and personal benefits of a direct active change Zeitgeist Movement advocates can make towards ethical consumer choices, including a vegan lifestyle.

Vegan Stall at Z-Day 2017

Thank you also to all of the other people behind the scene who found the power within yourself to volunteer your time and energy and provide assistance without any expectation of personal gain, but purely for the message of TZM. This includes those who lent and donated needed funding, anyone who bought a ticket, anyone who was offered a free ticket due to your circumstances, anyone who asked a question, participated in any way, who offered an idea, a question, who bought merchandise or a drink, who offered their assistance in any way shape or form, or even sat passively as an audience member. Bums on seats count, and matter particularly to organisers, presenters and performers. Thanks also to our global online audience who made a weekend of it by participating in the online streaming from afar.

Paul Doyle from Frequencies TV Life Streaming for ZDay Global Brisbane

Another big thanks to Jason Lord, Michael Kubler and Paul Doyle who made sure the video content including streaming and videos for later viewing would be available to our global audience who couldnt make the big trip to Brisbane. This is a significantly huge job and anyone with technical skills is always encouraged to help in this regard to make sure our content reaches a larger audience and forever into the future.

Jason making sure everything is running smoothly

Michael Kubler, usually behind the camera

Id also like to extend my gratitudeto all of the other people behind the scene who found the power within yourself to volunteer your time and energy and provide assistance without any expectation of personal gain, but purely for the message of TZM.

Z-Day 2017 Group Photo

Z-Day 2017 Setting up for Group Photo

A special mention to Zac Syme for your support as well as opening your home for the presenter social night and providing a home for so many people leading up to, and over the event. Thanks to others who opened their home to travelling guests, including Simon Cole, Caroline and Karl, Ricky, Grant, Anita and Tim, James, Lara and Jack.

Zac Syme, Queensland TZM Coordinator and Federico Pistono, Author, ex-Italian Coordinator Photos by Michael Kubler

Thanks again to Paul Doyle for offering your studio Frequencies TV where we recorded podcasts with coordinators and the Future Thinkers Podcast hosts Mike and Euvie, as well as for the public social night on Friday night before the event. More photos of the Pre-Z-Day Party here.

2017-03-24th Pre ZDay global public event at Frequencies TV, Brisbane Photos by Michael Kubler @kublermdk

Regardless of how far the Movement may or may not have come, we still have significant momentum, and your support however much or little you can give makes a differences to our ability to spread the message. Im eternally grateful for all of the support and truly believe with the mindset of the participants in this years Z-Day we can make the drastic change we need to see to truly create a unified, abundant world.

More photos by Michael Kubler and others here.

Peter Joseph (TZM Founder) and Casey Davidson (TZM Australia Coordinator)Article by Casey Davidson

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The Zeitgeist Movement Australian Chapter

Fourth Amendment

ABA Journal Web 100, Best Law Blogs (2017); ABA Journal Blawg 100 (2015-16)

by John Wesley Hall Criminal Defense Lawyer and Search and seizure law consultant Little Rock, Arkansas Contact: forhall @ aol.com / The Book http://www.johnwesleyhall.com

2003-19,online since Feb. 24, 2003

~~~~~~~~~~~~~~~~~~~~~~~~~~

Fourth Amendment cases, citations, and links

Latest Slip Opinions: U.S. Supreme Court (Home) Federal Appellate Courts Opinions First Circuit Second Circuit Third Circuit Fourth Circuit Fifth Circuit Sixth Circuit Seventh Circuit Eighth Circuit Ninth Circuit Tenth Circuit EleventhCircuit D.C. CircuitFederal CircuitForeign Intell.Surv.Ct.FDsys, many district courts, other federal courtsMilitary Courts: C.A.A.F., Army, AF, N-M, CG, SF State courts (and some USDC opinions)

Google Scholar Advanced Google Scholar Google search tips LexisWeb LII State Appellate Courts LexisONE free caselaw Findlaw Free Opinions To search Search and Seizure on Lexis.com $

Research Links: Supreme Court: SCOTUSBlog S. Ct. Docket Solicitor General's site SCOTUSreport Briefs online (but no amicus briefs) Oyez Project (NWU) "On the Docket"Medill S.Ct. Monitor: Law.com S.Ct. Com't'ry: Law.com

General (many free): LexisWeb Google Scholar | Google LexisOne Legal Website Directory Crimelynx Lexis.com $ Lexis.com (criminal law/ 4th Amd) $ Findlaw.com Findlaw.com (4th Amd) Westlaw.com $ F.R.Crim.P. 41 http://www.fd.org Federal Law Enforcement Training Center Resources FBI Domestic Investigations and Operations Guide (2008) (pdf) DEA Agents Manual (2002) (download) DOJ Computer Search Manual (2009) (pdf)Stringrays (ACLU No. Cal.) (pdf)

Congressional Research Service: --Electronic Communications Privacy Act (2012) --Overview of the Electronic Communications Privacy Act (2012) --Outline of Federal Statutes Governing Wiretapping and Electronic Eavesdropping (2012) --Federal Statutes Governing Wiretapping and Electronic Eavesdropping (2012) --Federal Laws Relating to Cybersecurity: Discussion of Proposed Revisions (2012) ACLU on privacy Privacy FoundationElectronic Frontier Foundation NACDLs Domestic Drone Information Center Electronic Privacy Information Center Criminal Appeal (post-conviction) (9th Cir.) Section 1983 Blog

"If it was easy, everybody would be doing it. It isn't, and they don't." Me

I am still learning.Domenico Giuntalodi (but misattributed to Michelangelo Buonarroti (common phrase throughout 1500's)).

"Love work; hate mastery over others; and avoid intimacy with the government." Shemaya, in the Thalmud

"A system of law that not only makes certain conduct criminal, but also lays down rules for the conduct of the authorities, often becomes complex in its application to individual cases, and will from time to time produce imperfect results, especially if one's attention is confined to the particular case at bar. Some criminals do go free because of the necessity of keeping government and its servants in their place. That is one of the costs of having and enforcing a Bill of Rights. This country is built on the assumption that the cost is worth paying, and that in the long run we are all both freer and safer if the Constitution is strictly enforced." Williams v. Nix, 700 F. 2d 1164, 1173 (8th Cir. 1983) (Richard Sheppard Arnold, J.), rev'd Nix v. Williams, 467 US. 431 (1984).

"The criminal goes free, if he must, but it is the law that sets him free. Nothing can destroy a government more quickly than its failure to observe its own laws, or worse, its disregard of the charter of its own existence."Mapp v. Ohio, 367 U.S. 643, 659 (1961).

"Any costs the exclusionary rule are costs imposed directly by the Fourth Amendment."Yale Kamisar, 86 Mich.L.Rev. 1, 36 n. 151 (1987).

"There have been powerful hydraulic pressures throughout our history that bear heavily on the Court to water down constitutional guarantees and give the police the upper hand. That hydraulic pressure has probably never been greater than it is today." Terry v. Ohio, 392 U.S. 1, 39 (1968) (Douglas, J., dissenting).

"The great end, for which men entered into society, was to secure their property." Entick v. Carrington, 19 How.St.Tr. 1029, 1066, 95 Eng. Rep. 807 (C.P. 1765)

"It is a fair summary of history to say that the safeguards of liberty have frequently been forged in controversies involving not very nice people. And so, while we are concerned here with a shabby defrauder, we must deal with his case in the context of what are really the great themes expressed by the Fourth Amendment." United States v. Rabinowitz, 339 U.S. 56, 69 (1950) (Frankfurter, J., dissenting)

"The course of true law pertaining to searches and seizures, as enunciated here, has notto put it mildlyrun smooth." Chapman v. United States, 365 U.S. 610, 618 (1961) (Frankfurter, J., concurring).

"A search is a search, even if it happens to disclose nothing but the bottom of a turntable." Arizona v. Hicks, 480 U.S. 321, 325 (1987)

"For the Fourth Amendment protects people, not places. What a person knowingly exposes to the public, even in his own home or office, is not a subject of Fourth Amendment protection. ... But what he seeks to preserve as private, even in an area accessible to the public, may be constitutionally protected." Katz v. United States, 389 U.S. 347, 351 (1967)

Experience should teach us to be most on guard to protect liberty when the Governments purposes are beneficent. Men born to freedom are naturally alert to repel invasion of their liberty by evil-minded rulers. The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding. United States v. Olmstead, 277 U.S. 438, 479 (1925) (Brandeis, J., dissenting)

Libertythe freedom from unwarranted intrusion by governmentis as easily lost through insistent nibbles by government officials who seek to do their jobs too well as by those whose purpose it is to oppress; the piranha can be as deadly as the shark. United States v. $124,570, 873 F.2d 1240, 1246 (9th Cir. 1989)

"You can't always get what you want / But if you try sometimes / You just might find / You get what you need." Mick Jagger & Keith Richards

"In Germany, they first came for the communists, and I didn't speak up because I wasn't a communist. Then they came for the Jews, and I didn't speak up because I wasn't a Jew. Then they came for the trade unionists, and I didn't speak up because I wasn't a trade unionist. Then they came for the Catholics and I didn't speak up because I wasn't a Catholic. Then they came for meand by that time there was nobody left to speak up." Martin Niemller (1945) [he served seven years in a concentration camp]

You know, most men would get discouraged by now. Fortunately for you, I am not most men!---Pep Le Pew

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Fourth Amendment

The Fourth Amendment Search & Seizure – U.S. & Texas …

The following is a video transcript.

We have all heard of it, but what does it mean and how does it affect you?

The language of the Fourth Amendment reads:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Simply put, the Fourth Amendment stops government agents (usually the police) from searching or seizing a person without first establishing probable cause and securing a warrant from a judge.

Before the Fourth Amendment came into being, Great Britain would use a legal instrument called a Writ of Assistance in the American colonies. These writs functioned as general search and seizure warrants. They had no requirement of what was or who was to be searched or seized. To make matters worse, they never expired and could be transferred from person to person.

These writs allowed the British government broad and general permission to interfere with the private lives of the colonists with no real restrictions. The British government could come and search whoever or whatever they wanted, whenever they wanted to.

The goal of the Fourth Amendment was to restrict government and provide security to Americans against this abuse. This is part of the right of privacy we as Americans enjoy. Today, in order for the government to search or seize something or someone, the general rule is, they must first obtain a warrant based upon probable cause from a neutral magistrate.

In Mapp v. Ohiothe Supreme Court held that any evidence obtained in violation of the Fourth Amendment would not be admissible in court.

However, over the years courts have been granting more and more leniency on the admissibility of evidence, even if it could be argued that it is in violation of the Fourth Amendment. This is because the exceptions to the warrant requirement have almost completely swallowed the rule.

This is due in part to advancements in technology. The interpretation of the Fourth Amendment has been stretched to its limit for scenarios the Founders probably could not have imagined such as automobiles, computers, electronic mail, and phone metadata.

We have talked about the nearly endless list of ways police can search your car in the past, with theinventory and automobile exceptions, but it is important to know about other types of government encroachment on your right to privacy.

We see a recurring theme when it comes to this kind of governmental interference. A new technology emerges, law enforcement uses this technology, pushing the limits of the Fourth Amendment, and then the courts (sometimes) reign them in.

For example, there have been many cases dealing with cell phone searches. Up until very recently, the police would just search through someones cell phone without a warrant to see what they could find. The courts have now held that to search through someones cell phone, the police must first obtain a warrant.

Another example is the use of infrared. Essentially, police were using thermal imaging to look directly into a persons house and could see people, fixtures within the home, or anything else that puts off a heat signature. Based upon what the police would see during that thermal search, they would then obtain a warrant for a physical search.

However, in Kyllo v. The United States, the Supreme Court held that the use of thermal image devices from a public vantage point to monitor a persons home constituted a search under the Fourth Amendment and required a warrant. This is a fast-changing area of the law, and the courts will have to make decisions relating to the use of new technologies as they advance and whether they implicate the Fourth Amendment.

What you need to know: do not give up your Fourth Amendment rights. If an officer says he is going to conduct a search, invoke your rights and do not consent. They may search anyway, but at least now your attorney may be able to get that evidence thrown out in court.

If you have any questions about the Fourth Amendment, call U.S. LawShield and ask to speak with your Independent Program Attorney.

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Oceania | region, Pacific Ocean | Britannica.com

Oceania, collective name for the islands scattered throughout most of the Pacific Ocean. The term, in its widest sense, embraces the entire insular region between Asia and the Americas. A more common definition excludes the Ryukyu, Kuril, and Aleutian islands and the Japan archipelago. The most popular usage delimits Oceania further by eliminating Indonesia, Taiwan, and the Philippines, because the peoples and cultures of those islands are more closely related historically to the Asian mainland. Oceania then, in its most restricted meaning, includes more than 10,000 islands, with a total land area (excluding Australia, but including Papua New Guinea and New Zealand) of approximately 317,700 square miles (822,800 square km).

Britannica Quiz

Oceania: Fact or Fiction?

Just two countries make up a big part of the land mass of Oceania.

Oceania has traditionally been divided into four parts: Australasia (Australia and New Zealand), Melanesia, Micronesia, and Polynesia. As recently as 33,000 years ago no human beings lived in the region, except in Australasia. Although disagreeing on details, scientists generally support a theory that calls for a Southeast Asian origin of island peoples. By 2000 about 12 million islanders lived in Oceania (excluding Australia), and many indigenous cultures were revolutionized by intensive contact with non-Oceanic groups who had intruded from various parts of the Western world. (The arts of the region are discussed in several articles; see art and architecture, Oceanic; music and dance, Oceanic; and Oceanic literature.) Pop. (2001 est.) including Australia, 31,377,000.

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Oceania | region, Pacific Ocean | Britannica.com

Oceania (song) – Wikipedia

"Oceania" is a song recorded by Icelandic singer Bjrk for her sixth studio album Medlla. It was written and produced by Bjrk, with additional writing by Sjn and production by Mark Bell. The song was written by the singer specially for the 2004 Summer Olympics Opening Ceremony, after a request by the International Olympic Committee. "Oceania" was released as a promotional single on 13 August 2004, by One Little Indian Records. The song was written at the ocean's point of view, from which the singer believes all life emerged, and details the human's evolution, whilst accompanied by a choir. "Oceania" was generally well received by music critics, who believed it was the best track from Medlla, although some thought it was not the best choice for a promotional release.

The accompanying music video for the song, directed by Lynn Fox, features Bjrk as "Mother Oceania", whilst being jewel-encrusted in dark watery depths, with a colourful sunset and swirling floral creatures above her. A remix of the song, featuring additional lyrics and vocals by Kelis on her point of view of the continents, was featured as a B-side to the "Who Is It" single. A piano version also appeared on the DVD single, and was assisted in its creation by Nico Muhly. The song was premiered during Bjrk's performance on the Summer Olympics ceremony, and was later included on the setlist of the Volta Tour (200708). At the 47th Grammy Awards in 2005, it was nominated in the category of Best Female Pop Vocal Performance. Cover versions of "Oceania" were done six times, while it was sampled once.

The International Olympic Committee commissioned a song by Bjrk specially for the 2004 Summer Olympics opening ceremony. The singer revealed that the committee asked her to do a kind of "Ebony and Ivory" or "We Are the World" type of song, which are "smashing tunes" according to her, but she thought, "'Maybe there's another angle to this'. When I tried to write an Olympic lyric, though, it was full of sports socks and ribbons. I ended up pissing myself laughing". Then, she called Sjn, an Icelandic poet who had previously collaborated with her on songs such as "Bachelorette" from her fourth studio album Homogenic (1997). When she said to him that they would need something "suitably epic" for the Olympics, the poet even took a short course about Greek mythology at Reykjavk University. "Oceania" was the last song recorded for Medlla.[1] Bjrk said about the song: "I am incredibly honoured to have been asked to write a song and sing it at the Olympics. The song is written from the point of view of the ocean that surrounds all the land and watches over the humans to see how they are doing after millions of years of evolution. It sees no borders, different races or religion which has always been at the core of these [games]".[2]

During an interview with British radio station XFM, Bjrk explained its recording process, saying work on "Oceania" was kept being delayed because she wanted to do it especially for the Olympics. During the last day of mixing, she thought she needed "sirenes", like in Greek mythology. She called up an English choir to record these sounds. The singer had done an arrangement for piano on the computer that was impossible for a piano to play, and she got them to sing it. Then, she also called up beatboxer Shlomo, who was recommended to her as "the new bright hope of the hip hop scene". He went to record the next day and Bjrk asked him to do a techno tango beat, which he did. Recalling her work on the song until her last day of mixing, she commented, "That was the most fun part, in the end. Sometimes it's good for you to work with a gun against your head and just go for it, because you can sometimes sit too long with ideas. Sometimes adrenaline is a good thing."[3]

The song was written at the ocean's point of view, detailing the human's evolution.[4] According to Jason Killingsworth from Paste magazine, it calls listeners' attention to "Mother Oceania" from which the singer believes all life emerged, whilst she sings: "You have done well for yourselves / Since you left my wet embrace / And crawled ashore []". The song anchors the midsection of Medlla, "jubilantly punctuated with bubbling synth and propelled by the rolling, spitfire cadence of Rahzel's beatbox", according to the reviewer.[5] The last line from the song, "Your sweat is salty/ And I am why/ Your sweat is salty/ And I am why", is about how "we were all little jellyfish or whatever before we made it on to land", according to the singer.[1] Elthan Brown from New York magazine considered these lyrics as "frank sensuality".[6] "Oceania" also features The London Choir.[7] Entertainment Weekly's writer Chris Willman commented that "the computer-enhanced choir behind Bjrk [suggests] a cosmic harem of pleased dolphins. Here she imagines herself as the sea itself, proud of all the belegged creatures she's spit out onto land over the last hundred million years. It's the nearest evolutionists have come to having their own gospel tune".[8]

A remix version of "Oceania" featuring additional lyrics and vocals by American singer Kelis was recorded. She explained they were set to perform on Fashion Rocks concert in London the previous year, and their dressing rooms were right next to each other. Bjrk had an album by Canadian singer Peaches that was skipping, then Kelis gave her the copy of the album she had. They started talking and eventually hung out and exchanged numbers after the show, and later Bjrk contacted Kelis to work together, which she agreed. Then, Kelis recorded her vocals at Electric Lady Studios in New York City,[9] and wrote her own words in the song, from the point of view of the continents.[10] Originally not intended to be commercially released, the remix leaked after being played on BBC Radio 1's The Breezeblock, but was then included on the "Who Is It" single as a B-side. According to The Guardian, "it's a brilliant fusing together of two distinct voices, Kelis handling the breathy first verse, as layers of her chopped-up vocals form the rhythm track, while Bjrk at first comes across as restrained, allowing Kelis' ad-libs to soar before unleashing a song-stopping, wordless roar that heralds the song's dramatic final coda".[11]

A piano version also appeared on the DVD single, which was assisted in its creation by Nico Muhly. During an interview he stated, "When Bjrk asked me to play piano on Oceania, she sent me the music, and it was as complicated and layered as any piece of classical music I've played. I spent a few days figuring out how to make her vision of 'dueling lounge-lizard pianists' physically possible, and in the session, we ran through those quickly. Then, she experimented with different ways to space the progression of chords that runs through the piece - I suggested big, Brahmsy blocks - as well as the ending, for which we tried diaphanous, Debussy-like arpeggios".[12] Bjrk decided to stick with the album's vocal concept and use electronically tweaked choral voices. Before some last-minute polishing by Mark Bell, this version of "Oceania" was the last track to be worked for Medlla.[13]

"Oceania" received generally positive reviews from music critics. Jennifer Vineyard from MTV News called the song "one of those polarizing songs, with its Ethel Merman-like synchronized vocal sweeps that do suggest the aquatic, in a 1950s sort of way".[14] Entertainment Weekly's Chris Willman labeled the track as a "strikingly beautiful" song.[8] Alex Ross, reporter writing for The New Yorker stated that with "Oceania", Bjrk "confirmed her status as the ultimate musical cosmopolitan", acquainted with Karlheinz Stockhausen and the Wu-Tang Clan.[13] Matthew Gasteier from Prefix magazine called the track "the best song on the album", whilst complimenting "its swooping chorus [which] recalls the migration of birds or the time-elapsed drifting of icebergs, a swirl of beauty and power crashing down onto and then rising above the mix. It culminates in the near screech that leads into the sexy-spooky coda".[15] According to Andy Battaglia from The A.V. Club, in a positive review, "the electronic flourish strays from her organic vocal focus, but Bjrk summons the same kind of tingle with choral language" in the song, "which finds The London Choir reacting to what sounds like a thrilling slow-motion circus act".[7]

"Oceania" was "spoilt by some overenthusiastic vocal whoopings", according to David Hooper from BBC Music.[16] The Guardian's writer David Peschek said that when the singer sings in the song, "choral swoops [explodes] like fireworks behind her".[17] AllMusic's Heather Phares noted that the song, along with Medlla's lead single "Who Is It", "have an alien quality that is all the stranger considering that nearly all of their source material is human (except for the odd keyboard or two)".[18] Dominique Leone of Pitchfork thought "Oceania" was hardly the most obvious choice for a promotional single release, despite its "bizarre, swooping soprano lines and cyclical chord progression outlined by a chorus of Wyatt vocal samples".[19] Jeremy D. Larson from Time magazine provided a mixed review to the song, stating that it was the best Olympic theme song, but during the Olympics performance, "when she sang 'Every pearl is a lynx is a girl' we think you could hear the world collectively sigh, 'Where's Celine Dion?'".[4] In 2005, the song was nominated for Best Female Pop Vocal Performance at the 47th Grammy Awards but lost out to Norah Jones' "Sunrise".[20]

The accompanying music video for "Oceania" was directed by Lynn Fox, and was premiered on August 13, 2004 through Bjrk's official site.[21] According to Lynn Fox, Bjrk gave the team the initial sketch of the track in January 2004. Whilst they were doing scribbles for it, they had several phone conversations with the singer and emailed her images to keep her up to date with the progress of the work. For "Oceania", initial animations took six weeks, then had couple of days preparing for the shoot in Iceland and a few more days after to put all the shots together.[22] Bjrk's make-up took eight hours to be done and included a hand-collage of tiny crystal gems on her face. Post-production team The Mill was then hired to emphasise the glints that beam from them. Initially, a Flame spark was used to select and highlight glints automatically but the results proved "too random". For a more "organic" look, The Mill's Paul Marangos spent two days in Flame inputting glints by hand, using live action glints as reference. The Mill's Adam Scott further enhanced the video with an initial live action grade and final DCP. The video was finished just a day before the opening ceremony, leaving a small amount to get the video distributed to TV stations. BEAM.TV distributed the video instantly via its network of international post-production partners.[23]

Like in the song, in the music video Bjrk is depicted as "Mother Oceania". The video opens with the surface of a body of water appearing yellowish and bright. Camera pans down to darker, deeper waters. Bjrk appears out of the dark background, singing and covered with sparkling jewels. As the second verse begins, images of jellyfish, representing the continents (her children) are thrown from Bjrk's hands.[24] During the third verse they swim around and away from their mother, carried by the currents, which move in time with the song. In the bridge section, new sea flowers, with brilliant colors, emerge from the background, in contrast to the muted and darker colors of previous scenes. As the fifth verse continues, the camera pans back up to the much lighter surface, not seen since the beginning of the video. All sorts of marine life are swimming about the surface. Shortly after the sixth verse begins, Bjork is shown in deep, dark water. Several seconds later, the lighter surface of the water is shown without her. When she begins to sing "Your sweat is salty", a somewhat rapid alternation of images ensues: the light surface is shown for one second, followed by Bjrk singing in the deep water; these scenes alternate until she stops singing during the coda. Bjrk's vocal repetition ceases at the same time the visual alternation stops. The surface scene recedes, and Bjrk in the deep water comes to the fore, slowing. At the end of the video, she stands and smiles.[24]

At the 2004 Summer Olympics Opening Ceremony, where Bjrk premiered the song, she wore a very large dress which unfolded during her performance of "Oceania" to eventually occupy the entire stadium, and showed a map of the world in sign of union.[4] Additionally, Bjrk wore "bluish-purple glittery eye shadow across her lids. Her dark hair dangled in tiny twists that framed her pixieish, freckled face".[25] Immediately after the performance at the Olympics opening ceremony, the song was downloaded more than 11,000 times on the iTunes Store.[26] Jake Coyle from Today commented that her dress was "reminiscent in its uniqueness to the infamous swan dress she wore to the Oscars in 2001".[27] According to Jeremy D. Larson from Time, if it weren't for the fireworks at the end of the song, he was legitimately unsure if people in the audience would have cheered.[4] Dominique Leone of Pitchfork was surprised by the committee's choice of bringing Bjrk to perform at the ceremony, and stated: "They could have had anyone-- say, a reassuring Celine Dion or a physically ideal Beyonc-- but they chose a prickly, decidedly uncomfortable Icelandic woman. On aesthetic grounds, I can't argue with their choice, but I continue to wonder about Bjrk's significance".[19] "Oceania" was also performed during the Volta Tour (200708).[28]

The song was sampled by E-40 in the track "Spend the Night" featuring Laroo, The DB'z, Droop-E and B-Slimm on his 2010 Revenue Retrievin': Night Shift album.[29] SPIRITWO and singer Yael Claire covered "Oceania" with a Middle Eastern theme for the 2012 London Olympic games.[30] Aspirant singer Srbuhi Hovhannisyan also covered the song on The Voice of Armenia in 2014.[31] "Oceania" covers also appear on the albums by Beliss, Harmen Fraanje Quintet, Murphy's Law and Serena Fortebraccio.[32]

Credits adapted from Medlla liner notes.[34]

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Oceania (song) - Wikipedia

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Jordan | History, Population, Flag, Map, & Facts …

Jordan, Arab country of Southwest Asia, in the rocky desert of the northern Arabian Peninsula.

Jordan is a young state that occupies an ancient land, one that bears the traces of many civilizations. Separated from ancient Palestine by the Jordan River, the region played a prominent role in biblical history. The ancient biblical kingdoms of Moab, Gilead, and Edom lie within its borders, as does the famed red stone city of Petra, the capital of the Nabatean kingdom and of the Roman province of Arabia Petraea. British traveler Gertrude Bell said of Petra, It is like a fairy tale city, all pink and wonderful. Part of the Ottoman Empire until 1918 and later a mandate of the United Kingdom, Jordan has been an independent kingdom since 1946. It is among the most politically liberal countries of the Arab world, and, although it shares in the troubles affecting the region, its rulers have expressed a commitment to maintaining peace and stability.

The capital and largest city in the country is Ammannamed for the Ammonites, who made the city their capital in the 13th century bce. Amman was later a great city of Middle Eastern antiquity, Philadelphia, of the Roman Decapolis, and now serves as one of the regions principal commercial and transportation centres as well as one of the Arab worlds major cultural capitals.

Slightly smaller in area than the country of Portugal, Jordan is bounded to the north by Syria, to the east by Iraq, to the southeast and south by Saudi Arabia, and to the west by Israel and the West Bank. The West Bank area (so named because it lies just west of the Jordan River) was under Jordanian rule from 1948 to 1967, but in 1988 Jordan renounced its claims to the area. Jordan has 16 miles (26 km) of coastline on the Gulf of Aqaba in the southwest, where Al-Aqabah, its only port, is located.

Jordan has three major physiographic regions (from east to west): the desert, the uplands east of the Jordan River, and the Jordan Valley (the northwest portion of the great East African Rift System).

The desert region is mostly within the Syrian Desertan extension of the Arabian Desertand occupies the eastern and southern parts of the country, comprising more than four-fifths of its territory. The deserts northern part is composed of volcanic lava and basalt, and its southern part of outcrops of sandstone and granite. The landscape is much eroded, primarily by wind. The uplands east of the Jordan River, an escarpment overlooking the rift valley, have an average elevation of 2,0003,000 feet (600900 metres) and rise to about 5,755 feet (1,754 metres) at Mount Ramm, Jordans highest point, in the south. Outcrops of sandstone, chalk, limestone, and flint extend to the extreme south, where igneous rocks predominate.

The Jordan Valley drops to about 1,410 feet (430 metres) below sea level at the Dead Sea, the lowest natural point on Earths surface.

The Jordan River, approximately 186 miles (300 km) in length, meanders south, draining the waters of Lake Tiberias (better known as the Sea of Galilee), the Yarmk River, and the valley streams of both plateaus into the Dead Sea, which occupies the central area of the valley. The soil of its lower reaches is highly saline, and the shores of the Dead Sea consist of salt marshes that do not support vegetation. To its south, Wadi al-Arabah (also called Wadi al-Jayb), a completely desolate region, is thought to contain mineral resources.

In the northern uplands several valleys containing perennial streams run west; around Al-Karak they flow west, east, and north; south of Al-Karak intermittent valley streams run east toward Al-Jafr Depression.

The countrys best soils are found in the Jordan Valley and in the area southeast of the Dead Sea. The topsoil in both regions consists of alluviumdeposited by the Jordan River and washed from the uplands, respectivelywith the soil in the valley generally being deposited in fans spread over various grades of marl.

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Jordan | History, Population, Flag, Map, & Facts ...

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Jordan's Furniture offers the largest selection of quality name-brand furniture and mattresses in New England. Visit any of our locations in Connecticut, Massachusetts, New Hampshire or Rhode Island and experience the Jordans difference. Stroll through hundreds of sofas and sectionals and choose from thousands of fabric and leather options for your sofa, chair, sectional, recliners, even ottomans! Let our sleep technicians help you select the perfect mattress from the best brands in the industry. Create the ultimate backyard retreat with our extensive selection of outdoor furniture ranging in all styles from rustic country to traditional to contemporary. Pick the perfect pool table for the family room. We offer the best prices every day on sofas, sectionals, mattresses, dining sets, bedroom sets, kids furniture, rugs and more. Each store offers a unique experience for the entire family to enjoy; grab a bite to eat, watch the latest blockbuster at one of our Sunbrella IMAX theaters in Natick or Reading, or have an adventure at one of our two ropes courses in Reading or New Haven. Visit a Jordan's Furniture and see for yourself why its not just a store, its an experience!

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Jordan travel – Lonely Planet

Ancient Hospitality

Jordan has a tradition of welcoming visitors: camel caravans plied the legendary Kings Highway transporting frankincense in exchange for spices while Nabataean tradesmen, Roman legionnaires, Muslim armies and zealous Crusaders all passed through the land, leaving behind impressive monuments. These monuments, including Roman amphitheatres, Crusader castles and Christian mosaics, have fascinated subsequent travellers in search of antiquity and the origins of faith. The tradition of hospitality to visitors remains to this day.

Petra, the ancient Nabataean city locked in the heart of Jordans sandstone escarpments, is the jewel in the crown of the countrys many antiquities. Ever since explorer Jean Louis Burckhardt brought news of the pink-hued necropolis back to Europe in the 19th century, the walk through the Siq to the Treasury (Petras defining monument) has impressed even the most travel weary of visitors. With sites flung over a vast rocky landscape and a mood that changes with the shifting light of dawn and dusk, this is a highlight that rewards a longer visit.

Take a ride through Wadi Rum at sunset, and it's easy to see why TE Lawrence (Lawrence of Arabia) was so drawn to this land of weathered sandstone and reddened dunes. But Jordan's desert landscapes are not confined to the southeast: they encompass a salt sea at the lowest point on earth, canyons flowing with seasonal water, oases of palm trees and explosions of springtime flowers scattered across arid hills. Minimal planning and only a modest budget is required for an adventure.

It takes tolerance to host endless waves of incomers, and Jordan has displayed that virtue amply, absorbing thousands of refugees from the Palestinian Territories, Iraq and most recently Syria. Despite contending with this and with large numbers of tourists who are often insensitive to conservative Jordanian values, rural life in particular has managed to keep continuity with the traditions of the past. While Jordan faces the challenges of modernisation and growing urbanisation, it remains one of the safest countries in which to gain an impression of the quintessential Middle East.

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Jordan travel - Lonely Planet

evolution – Wiktionary

English[edit]

Wikiversity

Borrowed from Latin volti, voltinis (the act of unrolling, unfolding or opening (of a book)), from voltus, perfect passive participle of volv (unroll, unfold), from ex + volv (roll).

evolution (countable and uncountable, plural evolutions)

Among other forms of change, the evolution of transportation has involved modification, diversification, convergence, divergence, hybridization, differentiation, and naturally, selection.

The ongoing evolution of Lolita subculture fashion includes, among other things, the ballet style.

The evolution of the universe began with a bang.

By some paradoxical evolution rancour and intolerance have been established in the vanguard of primitive Christianity. Mrs. Spoker, in common with many of the stricter disciples of righteousness, was as inclement in demeanour as she was cadaverous in aspect.

Many genes with reproductive roles also have antibacterial and immune functions, which indicate that the threat of microbial attack on the sperm or egg may be a major influence on rapid evolution during reproduction.

general: a gradual process of development

biology: change in the genetic composition of a population over time

military: One of a series of ordered movements

turning movement of the body

Translations to be checked

evolutionc

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evolution - Wiktionary

evolution | Definition of evolution in English by Oxford …

Pronunciation /ivlu()n//vlu()n/nounmass noun

1The process by which different kinds of living organism are believed to have developed from earlier forms during the history of the earth.

The idea of organic evolution was proposed by some ancient Greek thinkers but was long rejected in Europe as contrary to the literal interpretation of the Bible. Lamarck proposed a theory that organisms became transformed by their efforts to respond to the demands of their environment. Lyell demonstrated that geological deposits were the cumulative product of slow processes over vast ages. This helped Darwin towards a theory of gradual evolution over a long period by the natural selection of those varieties of an organism slightly better adapted to the environment and hence more likely to produce descendants. Combined with the later discoveries of the cellular and molecular basis of genetics, Darwin's theory of evolution has, with some modification, become the dominant unifying concept of modern biology

Example sentences

2The gradual development of something.

the forms of written languages undergo constant evolution

More example sentences

Synonyms

development, advancement, growth, rise, progress, progression, expansion, extension, unfolding

3Chemistry The giving off of a gaseous product, or of heat.

the evolution of oxygen occurs rapidly in this process

More example sentences

4count noun A pattern of movements or manoeuvres.

flocks of waders often perform aerial evolutions

More example sentences

5Mathematics dated The extraction of a root from a given quantity.

Early 17th century: from Latin evolutio(n-) unrolling, from the verb evolvere (see evolve). Early senses related to movement, first recorded in describing a wheeling manoeuvre in the realignment of troops or ships. Current senses stem from a notion of opening out, giving rise to the sense development.

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evolution | Definition of evolution in English by Oxford ...

Is Stem Cell Therapy for Arthritis Safe and Effective?

People considering stem cell treatment for arthritis want to know Is it safe? and Is it effective?

Most stem cell therapy using adult stem cells is considered safe because the stem cells are collected from the patient, minimizing the risk of an unwanted reaction. The most common side effects are temporary swelling and pain.3

While most stem cell therapy for arthritis is considered safe, it does carry the same risks as any other medical procedure, such as a small risk of infection. Risk may be increased if:

See What Are Stem Cells?

Some research suggests stem cell therapy engaging in these kinds of practices may elevate the risk of tumors.4

As with most regenerative medicine treatments, research is ongoing, and FDA regulations are relatively new and subject to change.

Article continues below

Whether or not stem cells therapy is effective in treating osteoarthritis is a controversial subject among medical professionals, and research in the area is ongoing.

See Osteoarthritis Treatment

How researchers think stem cell therapy worksResearchers theorize5 that when applied to an arthritic joint, stem cells might:

See Osteoarthritis Symptoms and Signs

It may be none, one, two, or all three processes at are work.

Proponents vs criticsLike many relatively new treatments, stem cell therapy has proponents and critics.

Critics emphasize that there have been no large-scale, prospective, double-blind research studiesthe kind of clinical studies that medical professionals consider the gold standardto support stem cell therapy for arthritis.

Factors that affect stem cell therapy researchAnother challenge associated with current stem cell research is that there is no standard stem cell therapy for arthritis treatment. So the stem cell therapy in one study is not necessarily the same as the stem cell therapy in another study.

Differences can include:

These differences are further complicated by more unknowns. For example, how many stem cells are needed for a particular treatment? And how do we determine if a patients own stem cells are competent enough to aid in healing?

Many physicians combine the use of stem cells with platelet rich plasma, or PRP.

See Platelet-Rich Plasma (PRP) Therapy for Arthritis

PRP is derived from a sample of the patients blood. In the body, platelets secrete substances called growth factors and other proteins that regulate cell division, stimulate tissue regeneration, and promote healing. Like stem cell therapy, PRP therapy is sometimes used alone with the hopes of healing an arthritic joint.

See PRP Injection Preparation and Composition

Physicians who use PRP and stem cells together think that the PRP can help maximize the healing effects of stem cells.7,8 Research in this area is ongoing.

See Platelet-Rich Plasma Injection Procedure

Stem cell therapy can vary depending on the doctor performing it. People considering stem cell therapy for an arthritic knee or other joint are advised to ask their doctors questions, including:

Both doctors and patients can benefit from having a frank conversation and setting reasonable expectations.

See Arthritis Treatment Specialists

Complete Listing of References

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Is Stem Cell Therapy for Arthritis Safe and Effective?

Introduction to Voluntaryism – The Art of Not Being Governed

The following is a post by guest-author Peter Miller.

In this essay I will discuss the philosophy of Voluntaryism. In Section 1, I will explain the basic principles of this philosophy, then in Section 2, I will discuss some of the more controversial logical conclusions of the philosophy. In Section 3, I will provide some responses to common objections that people raise to Voluntaryism, and I will wrap it all up in Section 4 with some general comments on the future of Voluntaryism.

1. What is Voluntaryism?

Conceptually, Voluntaryism is a very simple moral philosophy it is the basic proposition that all human interaction should be directly consensual. Voluntaryism rejects the initiation of force in all its various forms including physical violence, threats of violence, theft, bullying, slavery, rape, murder, etc. However, unlike Pacifism, Voluntaryism does not bar the victim of coercion from responding in a strictly self-defensive manner. And voluntaryism completely rejects any attempts to construe offense as defense, such as the phrase the best defense is a good offence. Finally (and this barely needs mentioning, but for the sake of providing a complete definition I will include it) voluntaryism does not discriminate on race, gender, age, sexual orientation or physical or mental ability.

Hopefully, up to this point readers will not think that anything remarkable has been said. The above definitions really should sound less like a novel philosophy and more like how I already live and experience my life. Indeed 90% of human interactions are already conducted in the voluntary manner described above. In the next section I will discuss the remaining 10% of interactions which contradict the voluntary philosophy. (note that 90% and 10% are just numbers I made up to signify most and a small amount respectively).

2. Some Controversial Conclusions of Voluntaryism

Based on the above definitions, most people would agree that voluntaryism is a moral philosophy worth upholding. However, in my experience almost all these people will alter their stance and completely reject Voluntaryism when they discover what the logical conclusions of Voluntaryism entail. Here I will list and briefly discuss some of the logical conclusions which people typically find controversial:

Voluntaryism rejects trade restrictions (such as prohibition of substances or weapons)

The uncoerced passage of goods between seller and buyer is one of the most important consequences of the Voluntaryist philosophy. For the exchange to be voluntary, both parties must be free to set their own terms for the exchange. The seller must be free to charge any price and the buyer must be free to request any price. Both parties must be free to reject the other partys price and indeed the whole trade if desired. Obviously theft is the polar opposite of this voluntary arrangement and therefore is completely rejected under Voluntaryism.

If the seller fears that the buyer may use the exchanged goods for a purpose which he (the seller) does not personally agree with then, according to the Voluntaryist philosophy, the seller is completely justified in refusing to trade. For example, the seller might fear that the buyer would use the weapons he sells to attack innocent people, in which case he would be free to boycott the deal. Likewise, someone may buy a house then discover that there are marijuana plants growing in the garden. If this person does not approve of the use of marijuana then, according to the voluntaryist philosophy, there is no requirement to sell the plants even if doing so would be profitable.

Voluntaryism supports the acquisition of any weapon for defensive purposes, and denies the legitimacy of a third party to interfere in a trade of such goods. Ownership and use of drugs (e.g. alcohol, caffeine, tobacco, heroin) are unrelated to coercion and is therefore fully permissible under the Voluntaryist philosophy. Therefore Voluntaryism does not permit a third party to interfere against the wishes of the buyer and seller in drug trades.

Voluntaryism rejects taxation (regardless of the purpose of this tax)

Taxes are a form of involuntary exchange, and are synonymous with theft. Without the initiation of force, taxes would cease to exist. Taxes are not subject to voluntary negotiation between buyer and seller, but rather they consist of a third party forcefully intervening in a transaction to extract an arbitrary amount.

As this is one of the hardest concepts for newcomers to Voluntaryism to understand, I will devote a large portion of the Section 3 to responding to common objections to the claim that taxation is theft.

Voluntaryism rejects both non-defensive wars and mandatory conscription for any war

As was briefly mentioned in the first (definitions) section, Voluntaryism can be distinguished from pacifism in that Voluntaryism permits self-defense while Pacifism does not. Therefore the Voluntaryist response to a threat of invasion is to fend off the attackers, using deadly force only as a last resort; whereas the pacifist response would be to stand by and observe (or be killed) as the attackers invade.

However, initiating an attack, regardless of the intended purpose of that attack, runs directly against the Voluntaryist philosophy. For example, if there is a strong suspicion that a neighboring regime is amassing for an attack, the Voluntaryist response would not be to preemptively attack the regime, but rather to ensure that all grievances are dealt with and restitution made for any wrongs. If the regime is unreasonable and still wishes to invade, then the Voluntaryist course of action might be to strengthen the defenses. It would probably also be wise to inform the regime that these defenses are not for the purpose of launching an attack, so as to minimize the chances of an arms race.

One other important issue relating to voluntary self-defense on a large scale is the procurement of mercenaries. According to Voluntaryism, mandatory conscription must be rejected as this involves forcing someone to do something (fight) against their own will. Rather, Voluntaryism requires that mercenaries freely choose to conduct any defensive activities. And of course those who wish for the mercenaries to defend them are free to provide incentives (e.g. money, land, etc.) in exchange.

In Section 3 I will respond to the objection that these mercenaries would turn on those whom they have agreed to defend.

Voluntaryism = Anarchy

As you will probably have noticed from the above conclusions, the main opponent of Voluntaryism is government. This may come as a shock to those who considered the definition of Voluntaryism given in the first section to be a good definition of morality. If voluntaryism is synonymous with morality then the opposite of Voluntaryism must also be the opposite of morality, which makes government inherently immoral.

This is not to say that all the things that government does are necessarily immoral, but rather that the manner in which these things are done is immoral. For example, providing welfare for the disabled would seem to be a very moral activity and this is indeed something which governments do. However, the manner by which the welfare money is obtained to give to the disabled is of vital importance. Governments obtain their money either through taxation or legal tender laws and the printing of money (inflation), both of which require the initiation of force, so the only moral action to take with this money is to return it to its victims. In Section 3 I will refute the objection that the poor and disabled would go without welfare in a voluntary society.

It also bears mentioning here that anarchy can mean different things to different people. Some people associate anarchy with chaos indeed this is a typical usage of the word, while others associate anarchy with a lack of private property (communism). However, when I say anarchy in this essay I simply mean no government. This does not mean no rules, but rather no involuntary rulers. Voluntaryism of course permits people to voluntarily subjugate themselves to rulers (for example, a personal trainer is a form of ruler, and so can be an employer), however it is the rulers who have not been appointed in a directly consensual manner who are illegitimate under Voluntaryism.

By this stage you may be feeling fairly shocked. My guess is that you had never considered things such as drug prohibition, taxation, or mandatory conscription to be immoral and, unless you are in a tiny minority, I am fairly certain that you have never considered anarchy to be moral. The sad fact is that the most powerful people in the world in which we live write laws which directly contravene the Voluntaryist philosophy. However, Voluntaryism is somewhat vindicated by the fact that the average person interacting with their friends, or buying things at the shops or just going about their everyday lives is already acting according to the Voluntaryist philosophy.

3. Responses to Common Objections to Voluntaryism

I will start this section with a brief discussion on a couple of the positive aspects of human nature namely human compassion for others who are less fortunate than ourselves, and the human tendency to work to improve our own lives both via individual creativity and via cooperation with others. I will be referring back to these points as I respond to some common objections to Voluntaryism later on in this section.

Just as almost all humans have two legs and two arms, so almost all humans feel compassion for each other. Researchers at Princeton university have found that the human brain seems wired up to respond to others suffering [1]. They found that helping others triggers activity in the caudate nucleus and anterior cingulate, portions of the brain that turn on when people receive rewards or experience pleasure. This is a rather remarkable finding helping others brings the same pleasure we get from the gratification of personal desire. While it may be rare for someone to devote their entire life solely to helping others, it is not rare for a large number of people to devote a much smaller amount of effort to helping their fellow man. 1000 people donating their time and effort for merely an hour each week have a far greater effect than a single mother Teresa diligently devoting every hour of her life to the same cause.

Another positive aspect of human nature is the human tendency to work to improve ones own life. In its most basic (microeconomic) form this trait is essential for human survival. Examples include working to feed oneself, clothe oneself, and shelter oneself from harsh environments. The more complex (macroeconomic) form of this trait is responsible for all the economic progress we enjoy in our modern high-tech world. Examples include the development of the a combine harvester which enables a single farmer to do the same amount of work previously requiring thousands of people, the development of medical equipment and techniques which have helped extend the human lifespan from less than 30 years to over 75 years, and supersonic air travel which can transport people from one side of the globe to the other in under a day (to name a small fraction of human accomplishments!). All of these accomplishments are due to individual and collaborative human creativity. It also bears mentioning that coercion has never been necessary for the development of inventions. People do not need a gun to their head to develop innovative things they will do so both because they find it fulfilling and because the rewards are great.

With these human traits in mind I will now answer some of the most common objections to the Voluntaryist philosophy:

Without taxation the poor and disabled would starve to death

The first thing to note here is that the objection does not dispute the fact that taxation is theft. Rather, it focuses on the consequences of eliminating tax. In other words, this objection presupposes that the initiation of force (theft in this case) is justifiable so long as the ends are sufficiently worthy. This notion is actually part of another common philosophy known as consequentialism. Voluntaryism on the other hand comes under the deontological ethics category of philosophy. Entire books have been devoted to debating the relative merits of these two philosophies, so obviously I will not go to such a deep level here. However I will counter this particular claim by simply altering the ends in question.

Consider the following scenario there is a need to provide clean water, clothing, medical equipment, etc. to the worlds poorest people many of whom are currently living hand-to-mouth in Africa. I will proceed under the assumption that the person raising the objection agrees that providing these ends is a very worthy goal. Therefore I might propose to the objector the following means to achieve this goal: tomorrow I will begin stealing cars, starting with yours, and I will then be selling them to donate the proceeds to the starving African people. My guess is that the objector would be outraged at this idea. So I might continue, but dont you care about those who are starving in Africa?. And I would expect that the objector to respond, of course I do, but this worthy cause does not warrant your stealing my property. Id be prepared to donate voluntarily to an African charity, but you cant just take my things to finance your operation!

Hopefully this scenario demonstrates that stealing someones property is immoral, even for the noble motive of helping the poor and disabled. As I discussed at the start of this section, people are naturally compassionate, and when faced with others who are down on their luck they are naturally willing to lend a hand or give money or goods to help out.

Finally, I must add that 100% of people who raise objections to Voluntaryism will give this as one of their main objections, which I take as further proof that people are very interested in the well-being of the poor and disabled. my expectation would be that if government compulsion were removed from the equation then there would still be a widespread desire to ensure that the poor and disabled are well taken care of. Furthermore, in the absence of tax and inflation, vast additional resources would become available for this purpose.

Without taxation there would be no roads, public hospitals, police, etc.

This is another very common objection to Voluntaryism, and as with the previous objection, it does not dispute the fact that taxation is theft, but rather focuses on the consequences of eliminating tax. The underlying theme of this question is that without taxation the average person would not be able to afford basic necessities which are currently paid for with taxation. Some people will also point to the USA when stating this objection and say that when healthcare is not run by government then it costs people a lot more.

The stated objection is actually derived from another political philosophy which is very popular in western democracies today state socialism [2]. This becomes clearer when the objection is rephrased in a broader manner: it is acceptable to act in an immoral manner because doing so will result in cheaper goods or services.

There are two responses to this objection and I will give both. The first is that voluntaryism is a moral philosophy and so it is not directly concerned with economic efficiency. An example from history will serve well here. During the late 1700s in the USA, all cotton was grown and harvested by African-American slaves. The main fear of the day was that if slavery were abolished then cotton farmers profits would be lower as they would have to pay workers to do the work voluntarily. The voluntaryist response to this dilemma (which hopefully the objector will agree with) is that no amount of profit justifies enslaving someone. Likewise with roads, public hospitals and police no amount of cost reductions for some can justify stealing from others. If roads, hospitals and services which protect people can be provided via voluntary exchange (and I will explain in the next paragraph that they can), then this is completely in line with voluntaryism. But voluntaryism opposes these things both being funded by stolen money and being forcibly monopolized.

the previous paragraph may leave some readers feeling apprehensive that a voluntaryist society would be a very expensive one to live in. This leads to the second response to the objection government involvement is inherently expensive, and in fact societies in which all human interactions are directly consensual (i.e. a society of voluntary exchange) are the most economically efficient societies currently known to mankind. I wont delve too deeply into the topic of economics as it is large enough to fill many libraries, but suffice to say that:

This final point is the case for almost the entire American healthcare system, which people mistakenly cite as a model of voluntary exchange. An alternative healthcare system built on Voluntaryist principles would be the mutual-aid model which existed prior to the takeover of the healthcare market by government at the start of the twentieth century [6].

So to summarize, far from there being no roads, hospitals, and protective services in the absence of taxation, these services would actually be provided in an ethical manner and at much lower prices.

Without government warlords would take over

This objection comes up quite often. The first thing to note is the use of the word warlord to imply a coercive entity who is both legally and morally exempt. However, as discussed in Section 2, government is already the one coercive institution in almost all countries to be both legally and morally unaccountable. Governments write their own laws which govern their code of conduct, so if they wish to do something previously classified as illegal they can simply enact it into law. So the question really should be rephrased to, without a single morally exempt entity, other morally exempt entities might spring up. When put like this, the objection sounds rather strange. If the aim is to eliminate morally exempt entities then surely the first step should be to eliminate the existing one.

I suspect that when people raise this objection what they really mean is, what if, in a society run on voluntary principles, warlords were to enslave the entire population in a military style dictatorship?. The simple answer to this is that people in a voluntary society should always be prepared for such attempts and should set up mechanisms whereby this is not possible. I obviously cant predict the mechanisms that people may choose but here are some ideas:

Of course there are an infinite number of possible ways which the problem of security could be solved. In the absence of government, it would be in every persons immediate interest to seek out flaws in the security provision system and fix them. As mentioned at the start of Section 3 people are very creative when faced with challenges, and when large groups of people put their mind to a task they can be completely unstoppable. Viewed in this light, the protection offered by government defense forces no longer seems like the firewall it is commonly thought to be.

Without government the rich would take over and essentially run the country

As with the objection to voluntaryism on the grounds of warlords taking over, this objection already contains a loaded assumption. In this case the assumption is that so far the rich have not taken over and are not running the country. The reality though is that it is hard to find a country where this objection is not already the case. The average net worth of politicians is well in the millions and often in the billions of dollars in western democracies [8]. And likewise the consultants and business connections who influence these politicians are exceedingly wealthy (and in many cases are ex-politicians themselves) [9].

Voluntaryism has no objections to wealth, so long as it is earned through voluntary exchange. In fact wealth earned in this manner is a reward for providing a large number of people with the goods or services they desired. However wealth earned through legal privilege or by secretly granting political favors to business friends in exchange for a kickback is about as far from voluntary exchange as it gets.

The elimination of government, far from being beneficial to the rich, would actually close off a large source of their funding. Without the legal ability to tax or regulate money away from people, or even to print it for themselves [10] the rich would need to produce something of value to sell to willing customers.

Democratic government is already voluntary. We all agreed to be governed when we voted

While it may be true that casting ones own vote signifies ones willingness to be governed, it is certainly not true that this action signifies anybody elses willingness to be governed. If voting is synonymous with consent then those who do not vote have not given their consent, and this consent certainly cannot be given on that persons behalf. This fact is not altered by the ratio of voters to non-voters. Needless to say, voluntaryists refuse to vote.

If you dont like it here you can always leave

As with many of the previous objections, this objection contains a hidden agenda. This is best seen by rephrasing the objection: the system may well be immoral, but people like it this way. If you were to leave and stop bringing this issue up then we could all go back to pretending that things are fine.

As already discussed in Section 1, 90% of our lives in todays western democracies are already conducted according to the Voluntaryist philosophy. The remaining 10% involves peoples interactions with government. Personally I find government to be an annoyance, however not to such a point that it is unbearable. If the governments intrusion increased to a point where it did become unbearable I imagine I would seek out a new country which was more in line with voluntaryism (if one existed, if not then staying would still be the best option). However, until that happens I would prefer to attempt to open peoples minds to voluntaryism in the hope of bringing about a paradigm shift.

4. Conclusion

Now you have a fair understanding of Voluntaryism. No doubt you can think of a large number of further objections to this philosophy, maybe I will write more essays rebutting other objections. But in the meantime, rather than thinking, Voluntaryism is indeed a moral and admirable idea, but it would never work in practice, ask yourself why it would never work, and go one step further and think could it be made to work if enough people wanted it to?. Also consider whether Voluntaryism runs in line with or against human nature, and consider whether the deviations from Voluntaryism in our current world (mainly government and criminals) run in line with or against human nature. Every general objection that can be raised to Voluntaryism has been a problem at one stage of history or another, and has been solved in a voluntary manner previously. I think we have every reason to aim for such high standards again.

Finally, a quick discussion on the goals of Voluntaryism. Clearly the aim of this essay has been to try and convince the reader to join the Voluntaryist cause. But what is the Voluntaryist cause? Well really it is quite simple firstly to educate as many people as possible regarding the nature of morality. This is something that is not taught in schools, so, much as people in the 1300s took it for granted that the sun revolved around the earth, people today take it for granted that governments are capable of acting in a moral manner. If this educational enlightenment can be achieved then my guess is that the desire to eliminate forceful programs and (where applicable) replace these with voluntary alternatives will follow naturally from there.

If you agree with the Voluntaryist definition of morality I have given in the first section and if you can see how the consequences given in the second section are derived from the original definitions, and if you agree with the rebuttals in the third section then I have probably taught you all you need to know to begin your own journey of discovery. Here are some more resources for further investigation:

https://www.youtube.com/user/LarkenRose Larken Rose has some very good videos challenging common perceptions of government. In particular check out If You Were King and The Jones Plantation.

https://www.youtube.com/user/stefbot Stephan Molyneuxhosts a radio show discussing every aspect of the life of a Voluntaryist. For starters check out The Story of Your Enslavement and The Bomb in the Brain. A side note here Stefan may not be the most consistent advocate of the Non-Aggression Principle, so remember to always critically analyze everything he says. I personally have found that I disagree with him on a number of things. Nevertheless, 90% of the time he is spot on and very instructive..

https://www.youtube.com/user/StormCloudsGathering Storm Clouds Gathering is a news channel which gives updates on current events in a voluntaryist perspective. The Psychology of Authority is an excellent one.

https://www.youtube.com/user/AnCapChase Chase Rachels gives some really good lectures on practical Voluntaryist alternatives to currently state monopolized industries, such as the roads, welfare, etc.

Mises.org if you prefer reading to watching videos, the Ludwig von Mises institute publishes many articles which discuss the economics of voluntary vs. involuntary exchange. They have a daily mailing list which is always well researched and very topical.

NotBeingGoverned.com finally another one for those who prefer reading. This blog has many excellent articles on voluntaryism and economics. Check out the Anarchy Never Been Tried? articles for historical examples with aspects of voluntary societies.

[1]The Compassionate Instinct

[2] Benjamin Tucker State Socialism and Anarchism

[3]Monopoly

[4] Can Government Make Essential Choices?

[5]Inefficient Government Rules and Regulations

[6]How Government Solved the Healthcare Crisis

[7]The Stateless Society An Examination of Alternatives

[8]Top 50 Richest Politicians

[9]Revolving Door (Politics)

[10]What is Quantitative Easing?

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Introduction to Voluntaryism - The Art of Not Being Governed

Fifth Amendment | United States Constitution | Britannica.com

Fifth Amendment, amendment (1791) to the Constitution of the United States, part of the Bill of Rights, that articulates procedural safeguards designed to protect the rights of the criminally accused and to secure life, liberty, and property. For the text of the Fifth Amendment, see below.

Similar to the First Amendment, the Fifth Amendment is divided into five clauses, representing five distinct, yet related, rights. The first clause specifies that [n]o person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces or in the Militia, when in actual service in time of War or public danger. This grand jury provision requires a body to make a formal presentment or indictment of a person accused of committing a crime against the laws of the federal government. The proceeding is not a trial but rather an ex parte hearing (i.e., one in which only one party, the prosecution, presents evidence) to determine if the government has enough evidence to carry a case to trial. If the grand jury finds sufficient evidence that an offense was committed, it issues an indictment, which then permits a trial. The portion of the clause pertaining to exceptions in cases arising in the land or naval forces, or in the Militia is a corollary to Article I, Section 8, which grants Congress the power [t]o make Rules for the Government and Regulation of the land and naval Forces. Combined, they justify the use of military courts for the armed forces, thus denying military personnel the same procedural rights afforded civilians.

The second section is commonly referred to as the double jeopardy clause, and it protects citizens against a second prosecution after an acquittal or a conviction, as well as against multiple punishments for the same offense. Caveats to this provision include permissions to try persons for civil and criminal aspects of an offense, conspiring to commit as well as to commit an offense, and separate trials for acts that violate laws of both the federal and state governments, although federal laws generally suppress prosecution by the national government if a person is convicted of the same crime in a state proceeding.

The third section is commonly referred to as the self-incrimination clause, and it protects persons accused of committing a crime from being forced to testify against themselves. In the U.S. judicial system a person is presumed innocent, and it is the responsibility of the state (or national government) to prove guilt. Like other pieces of evidence, once presented, words can be used powerfully against a person; however, words can be manipulated in a way that many other objects cannot. Consequently, information gained from sobriety tests, police lineups, voice samples, and the like is constitutionally permissible while evidence gained from compelled testimony is not. As such, persons accused of committing crimes are protected against themselves or, more accurately, how their words may be used against them. The clause, therefore, protects a key aspect of the system as well as the rights of the criminally accused.

The fourth section is commonly referred to as the due process clause. It protects life, liberty, and property from impairment by the federal government. (The Fourteenth Amendment, ratified in 1868, protects the same rights from infringement by the states.) Chiefly concerned with fairness and justice, the due process clause seeks to preserve and protect fundamental rights and ensure that any deprivation of life, liberty, or property occurs in accordance with procedural safeguards. As such, there are both substantive and procedural considerations associated with the due process clause, and this has influenced the development of two separate tracks of due process jurisprudence: procedural and substantive. Procedural due process pertains to the rules, elements, or methods of enforcementthat is, its procedural aspects. Consider the elements of a fair trial and related Sixth Amendment protections. As long as all relevant rights of the accused are adequately protectedas long as the rules of the game, so to speak, are followedthen the government may, in fact, deprive a person of his life, liberty, or property. But what if the rules are not fair? What if the law itselfregardless of how it is enforcedseemingly deprives rights? This raises the controversial spectre of substantive due process rights. It is not inconceivable that the content of the law, regardless of how it is enforced, is itself repugnant to the Constitution because it violates fundamental rights. Over time, the Supreme Court has had an on-again, off-again relationship with liberty-based due process challenges, but it has generally abided by the principle that certain rights are implicit in the concept of ordered liberty (Palko v. Connecticut [1937]), and as such they are afforded constitutional protection. This, in turn, has led to the expansion of the meaning of the term liberty. What arguably began as freedom from restraint has transformed into a virtual cornucopia of rights reasonably related to enumerated rights, without which neither liberty nor justice would exist. For example, the right to an abortion, established in Roe v. Wade (1973), grew from privacy rights, which emerged from the penumbras of the constitution.

The Fifth Amendment mentions property twice once in the due process clause and again as the amendments entire final clause, commonly known as the takings clause. The common denominator of property rights is the concept of fairness that applies to the authority of the federal government to acquire private property. At the time of ratification, property determined wealth and status. It entitled a person to participate in politics and government. It was cherished and keenly protected. Despite this, it was understood that individual rights must sometimes yield to societal rights and that representative governments must accordingly provide the greatest good for the greatest number. The growth and development of the United States ultimately would bring challenges to existing property lines, and it was necessary for an amendment to provide rules governing the acquisition of property. As such, the takings clause empowers the government to exercise eminent domain in order to take private property; however, such takings must be for public use and provide adequate compensation to landowners. Throughout most of American history this balance of individual and societal rights hinged on the governments fidelity to the cornerstone principles of public use and just compensation, and in many respects it still does. However, in 2005 Kelo v. City of New London brought a new twist to takings clause jurisprudence. Whereas prior to the Kelo ruling, the government would acquire property for public use directly, in the Kelo case the Supreme Court upheld the use of eminent domain to take private property for commercial development that was assumed to indirectly provide a positive impact for the public.

The full text of the amendment is:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.

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Fifth Amendment | United States Constitution | Britannica.com

Twenty-fifth Amendment | United States Constitution …

Twenty-fifth Amendment, amendment (1967) to the Constitution of the United States that set forth succession rules relating to vacancies and disabilities of the office of the president and of the vice president. It was proposed by the U.S. Congress on July 6, 1965, and it was ratified on Feb. 10, 1967.

While the first section of the Twenty-fifth Amendment codified the traditionally observed process of succession in the event of the death of the presidentthat the vice president would succeed to the officeit also introduced a change regarding the ascent of the vice president to president should the latter resign from office. In the event of resignation, the vice president would assume the title and position of presidentnot acting presidenteffectively prohibiting the departing president from returning to office.

The second section of the amendment addresses vacancies in the office of the vice president. Traditionally, when the office of vice president was vacant, usually through the vice presidents succession to the presidency following the death of the president, the office of vice president stood vacant until the next election. Through the Twenty-fifth Amendment, the president would nominate a vice president, who would be subject to confirmation by the U.S. Congress. Only a few years after the amendments ratification, this section was put into effect. In 1973 Spiro Agnew resigned as Pres. Richard M. Nixons vice president, and Nixon subsequently selected Gerald R. Ford, who was then serving as minority leader in the House of Representatives, to serve as vice president. Despite the fact that Nixon and Ford were Republicans and the Democrats retained majorities in both the House and the Senate, Ford was easily confirmed, which indicated that the process would focus less on policy positions than a general fitness for office. Ford assumed the duties of vice president on Dec. 6, 1973, and upon Nixons resignation from office to avoid impeachment, Ford became the first president to accede to office according to the Twenty-fifth Amendment on Aug. 9, 1974. Had the Twenty-fifth Amendment not been in effect, Nixon would not have been able to replace Agnew, and it remains speculative whether Nixon would have resigned prior to impeachment and a trial and thus enabled the Democratic speaker of the House of Representatives to become president under the Presidential Succession Act of 1947.

The third section of the amendment set forth the formal process for determining the capacity of the president to discharge the powers and duties of office. It assumes that the president has the presence of mind and physical ability to produce a written statement formally notifying the president pro tempore of the Senate and the speaker of the House of such circumstances, which would result in the vice presidents temporarily serving as acting president. In the event that a president may be unable to declare his inability to discharge the powers and duties of office, the fourth section of the amendment requires such determinations to be made jointly by the vice president and the cabinet, with the vice president immediately assuming the position of acting president.

Prior to the passage of the amendment, nine presidentsWilliam Henry Harrison, Zachary Taylor, Abraham Lincoln, James Garfield, William McKinley, Woodrow Wilson, Warren G. Harding, Franklin D. Roosevelt, and Dwight D. Eisenhowerexperienced health crises that left them temporarily incapacitated, with death resulting in six cases (Harrison, Taylor, Lincoln, Garfield, McKinley, and Harding). After the passage of the amendment, Pres. Ronald Reagan was incapacitated for some 24 hours while undergoing surgery for a gunshot wound resulting from a failed assassination attempt, though no official designation of presidential responsibility was ever made. Indeed, this portion of the Twenty-fifth Amendment has never been invoked.

The full text of the amendment is:

Section 1In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

Section 2Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.

Section 3Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.

Section 4Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.

Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.

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Twenty-fifth Amendment | United States Constitution ...

Your Fifth Amendment Privilege Against Self-Incrimination …

Weve all read reports and seen news coverage of a witness declining to answer questions on the grounds that the responses may incriminate himhe claims the Fifth. A witness in that situation is relying on the Fifth Amendment to the United States Constitution, which provides that no person shall be compelled in any criminal case to be a witness against himself. If, by answering, the witness could provide evidence that might aid the government in prosecuting him, then he has the right to refuse.

(For another angle to this right, see Immunity From Prosecution. Also see Can one person claim the Fifth Amendment on anothers behalf?)

Witnesses can assert the privilege against self-incrimination in civil proceedings as well as criminal ones, despite the seemingly limiting language of the Fifth Amendment. They can assert it in state or federal court, in a wide variety of proceedings (including trials, depositions, administrative law proceedings, and investigatory proceedings like grand jury hearings). But interestingly, if the witness fears exposure to prosecution in a country other than the U.S., the privilege does not apply. (United States v. Balsys, 524 U.S. 666, 672 (1998).)

Not every disclosure can be the subject of a Fifth Amendment assertiononly those that the witness reasonably believes could be used in a criminal prosecution or could lead to other evidence that might be so used. (Kastigar v. United States, 406 U.S. 441, 444-445 (1972).) The key word here is reasonably. Responses to questions that would be of no use to prosecutors, or that couldnt contribute to a prosecution because of the passing of the statute of limitations, cannot take refuge within the Fifth. But if the prosecution can make use of the answer itself or any evidence it might lead to, the witness is entitled to claim the privilege against self-incrimination.

Often, witnesses are involved in two cases at the same time: one civil and one criminal. For example, a witness might be called to testify before a governmental body while a criminal case against her is in the investigative stages. The witnesss lawyer will likely advise her to invoke the Fifth Amendment. Why is this a good idea?

First, because the potential consequences of a criminal proceeding (including jail or prison) are more dire than those of a civil case, a witness may be able to get a judge to stay, or postpone, the civil matter until the criminal one is concluded. Even if theres no stay, a witness is usually better off asserting the privilege if truthful answers will tend to incriminate her with respect to the criminal case.

Theres a real risk that innocent mistakes or omissions in a civil matter thats held before the completion of a criminal investigation will come back to haunt the defendant. Its even possible that a mistake in a civil proceeding will lead to a prosecution not just for the underlying criminal act, but also for being untruthful, in which case eventual charges might include obstruction of justice or even perjury.

A witness can waive the right to invoke the Fifth by later making statements about the topic in question. For example, if a witness invokes the Fifth, but goes on to selectively answer questions about the same subject matter, a judge might decide that the later answers vitiated the initial waiver. But judges are hesitant to declare the privilege waived because of its importance. For instance, a brief and general statement about ones innocence, following invocation of the Fifth, probably wont constitute a waiver.

Importantly, even if a judge finds that a person waived the privilege, that waiver will extend only to the current proceeding. A witness who answers questions subsequent to invoking the Fifth, who is ordered by a judge to continue answering based on waiver, can reassert the privilege in a later, different proceeding. For example, a defendant who waives the privilege while testifying in one case can assert it when called to testify in another.

Additionally, a witness can begin testifying but invoke the privilege when answers to later questions would be incriminating. If the prosecutor commences by asking benign questions that the witness answers (What were you wearing that night?), but moves into questions that go to the heart of the matter (How many times did you meet with the defendant?), the witness may claim the privilege.

At first blush, it might seem that whenever answers to questions might incriminate oneself, it makes sense to decline to answer. Many times claiming the Fifth is the best course of action, but there may be instances when it will do more harm than good. For example:

Yet, a witness who could claim the Fifth but is tempted to answer should first discuss the issue thoroughly with an attorney. Suppose a witness in a civil case may be able to supply credible answers that could form the basis for a strong defense against a future criminal proceeding. A prosecutor confronting these convincing, under-oath answers might decide not to file charges. Of course, if the witness fibs, omits something, or gets confused on cross-examination, she may doom herself. Thats why the guidance of a knowledgeable attorney is crucial.

The decision as to whether to invoke ones Fifth Amendment right against self-incrimination in a civil or criminal proceeding is very complicated, involving an assessment of both the facts and the relevant law in your jurisdiction. Only careful discussion and preparation with your lawyer will enable you to make a wise decision. Never head into a situation where testimony could end up hurting you without professional advice.

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Your Fifth Amendment Privilege Against Self-Incrimination ...