Saturday, February 22, 2020

Liberation Theology Essay Example | Topics and Well Written Essays - 750 words

Liberation Theology - Essay Example Many European priests heeded his call and went to work alongside their Latin American colleagues. "In time, the arrival of priests who were accustomed to the economic and political situation in developed countries contributed significantly to the development of liberation theology". (Tombs, 2002, p. 18) The influx of foreign priests encouraged a sense of renewal in the Latin American church and particularly strengthened those who believed that poverty could and should be prevented. In the many instances where progressive priests faced resistance and persecution, the foreign priests were sometimes at an advantage over local nationals. This is the reason as to why "the Theology of Liberation and other early works of liberation theology focused attention on the urgent need for social justice and suggested a more open attitude towards socialism and Marxist analysis". (Tombs, 2002, p. 137) "Many poor families had lost their land and were forced to move to urban areas or remain in desperate conditions in rural areas, facing social exclusion". (Ribeiro, 1999, p. 304) Despite Liberation Theology, the main reason for confronting to the poor people of the society is that we have kept the basic principles of liberation theology aside, and are unable to recognize the true face of capitalism. T he Gospel messages have been out of touch from our lives. We can again start developing those liberation rules in our lives, which we have put aside. Those rules will make us start once again act according to true theologians of liberation. For this purpose we must start reading the bible in order to make it clear the social injustice confronted by the poor. We must percept the real image of socio analytical capitalistic system, which always dominated the poor in the context of human rights. The perception of social reality must be seen and implemented in the light of Bible quotations. Before a plan for a social program is being floated, the question to consider is, "Will this, or will this not, improve the situation of the poor" If it will, it should be supported, since it will bring about a consequent broadening of the degree of social justice in society. If it will not, it should be opposed, as it will simply entrench the non-poor with greater power than ever. "The opposite of a preferential option for the poor would be a preferential option for the rich, assuming that if the rich get more and more money and goods, some of the gains will 'trickle down' to the poor. This is a convenient theory for the well-to-do, but it is a dubious bit of economics, since those with wealth are exceedingly loath to share it with others, and the result of a preferential option for the rich is almost always that the rich get richer while the poor get poorer". (Brown, 1993, p. 32) There must be an equal distribution of wealth according to the principles of Liberation Theology. To feel the societal injustice, one must not find it hard how a verse in the scripture rings a responsive cord in the lives and hearts of the two thirds of the human family who go to bed hungry every night, or the parents who fear that their child will be one of the fifteen thousand children who die every day from starvation or malnutrition. "If we were truly hungry, we would have greate r

Thursday, February 6, 2020

Direct effect in the EU Law Essay Example | Topics and Well Written Essays - 2500 words

Direct effect in the EU Law - Essay Example This paper shall discuss the development of the doctrine of direct effect, the issues arising therefrom, and how the European Court of Justice resolved them. Moreover, it shall examine the dynamics in the relationship between the EU and the member-states and their individual citizens. Finally, it shall look into how the courts settle issues with regard to conflict arising from the implementation or non-implementation of EU laws and directives. Supremacy of EU Law The principle of supremacy of the EU law holds that in the event of conflict between the provisions of EU law and domestic law, the EU law shall prevail.1 This principle is anchored on the fact that when states signed the treaty creating the former EEC, the members had also signed off a part of their sovereignty to create a new sovereign that can bind both the state and its individual citizens.2 The Preamble of the Treaty on European Union declared in no uncertain terms that it aims to â€Å"establish a citizenship common t o nationals of their countries†3 and create â€Å"an even closer union among the peoples of Europe, in which decisions are taken as closely as possible to the citizen in accordance with the principle of subsidiarity.†4 Finally, the supremacy of EU law is sanctioned by the Treaty on European Union itself which mandates all states to â€Å"facilitate the achievement of the Community’s tasks†¦ [and] abstain from any measure which could jeopardise the attainment of the objectives of this Treaty.†5 Aptly, the European Court of Justice interpreted the foregoing provision as a conferment of legal and enforceable rights unto the individual citizens of member states. EU treaties produce direct effects and â€Å"individual rights which national courts must protect.†6 Needless to state, concomitant with the exercise of these rights is compliance with the obligations created by virtue of the Treaty. Doctrine of Direct Effect The landmark case of Van Gend e n Loos saw the birth of the doctrine of direct effect which made the EU law a reliable source of statutory rights and obligations for parties litigating cases before domestic courts. In particular, the Court ruled that Article 30 of the Treaty on the Functioning of the European Union (TFEU) which prohibits the imposition of custom duties within the Union has confered rights upon the individual nationals which may not be impaired by domestic laws and which may be invoked before national courts.7 Apparently, the realm of treaties does not end with member states; it extends further to individual citizens, vested rights and imposed obligations alike. The court has upheld the rights acquired by individual citizens by virtue of the provisions of the Treaty and declared that it â€Å"must be interpreted as producing direct effects and creating individual rights which national courts must protect.†8 Van Gend en Loos became the controlling jurisprudence insofar as direct effect of tre aties is concerned. However, subsequent cases had pushed the bar and thus expanded the doctrine’s application to include other forms of EU legislations. Seven years after the 1963 case of Van Gend en Loos, the Court ruled in the case of Grad v Finanzamt Traunstein that provisions of Council Decisions are also capable of â€Å"producing direct effects in the legal relationships between the member states to which the decision is addressed and those subject to their jurisdiction.†