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An interview with Marek Rabas, CEO of Madfinger Games, who recently decided to cut the price of zombie FPS Dead Trigger in response to what he describes as rampant piracy on Android
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As the maker of the popular Samurai and Shadowgun titles, Madfinger Games has built a decent following among mobile gaming fans, but its biggest moment in the spotlight came when it openly bemoaned Android's piracy rate as being "unbelievably high." That complaint came just as Madfinger was lowering the Android price of its zombie shooter Dead Trigger from $0.99 to free, in a re-pricing move that has also been repeated on Apple's iOS platform.
I've been exchanging emails with Madfinger's CEO, Marek Rabas, in the time since then, and trying to understand the motivations and challenges underpinning these decisions. Just how do you monetize content if the greater proportion of your audience is consuming it without paying the asking price?
"We didn't want to punish iOS players for the lower piracy rate on iOS."
It's probably best to start off with the statistics behind Madfinger's claims of rampant piracy: in the period before it was made free to download and play, some 80 percent of Dead Trigger's players on Android and 60 percent of those on iOS were apparently playing pirated copies. The company gets these measures by comparing analytics data it pulls in from Flurry and Localytics against the official sales reported by Google and Apple. Its higher-end games, Shadowgun and Samurai II, hardly fare any better, hitting peaks of over 90 percent and 87 percent pirated copies in their first couple of months of availability.
In short, selling games, even at throwaway prices like 99 cents, seems to be a fool's errand so long as users are able to circumvent the given app store's defenses and obtain them for free. And, although the iOS price reduction was not accompanied by any more blunt outbursts from Madfinger itself, the challenge there is not a million miles away from the daunting task the company faces on Android.
Being a small independent developer, says Rabas, allows his company to experiment with various pricing models. Even before it went free, Dead Trigger was a game heavily reliant on in-app purchases as a revenue stream. Describing this as a paymium model — one where you're paying for both the app and premium in-game items — the Madfinger CEO opined that it seemed to strike the right balance between initial outlay for users (who could then proceed to finish the game even without recourse to in-app-purchases) and additional content for those who wanted it. The only problem, as it turns out, was that many players would rather spend time tracking down a free copy than pay the small entry fee. So now Dead Trigger has been switched over to a free-to-play model, essentially the same thing as before, minus the initial charge.
In the grand scheme of mobile app development, this change is infinitesimally small. Hell, even Madfinger's bottom line is unlikely to be affected materially given Dead Trigger's not-so-subtle focus on in-app purchases. But the real problem may well reside in what happens to the so-called AAA games. As Rabas' experience with Shadowgun has shown, when you try to sell more premium software to such a price-sensitive crowd, you clash with the real problem of piracy:
"Being sold for $8, there was no effective way of defending against piracy."
Without recourse to microtransactions as a way to keep a game profitable, and without people actually paying to play it, the impetus to invest in more development-intensive games is reduced. As far as Rabas is concerned, there's only one entity that can rectify things and that's the platform provider:
"Every producer of a gaming device should help developers with piracy if they want to have great content on it."
That seems fair enough, and the Madfinger boss believes both Apple and Google are making sincere efforts at curtailing piracy within their respective mobile ecosystems, but he's also somewhat short on ideas for how they can step up those efforts. Jelly Bean's app encryption is a move in the right direction, he says, leaving open the question of how to properly educate users about the value of paying for the software they enjoy using.
Ultimately, we needn't feel too sorry for Madfinger Games. It's a studio that manages to find ways to generate a profit from its operations and looks likely to continue to thrive. But the signals that we, as users and players, are sending to these game makers are not ones that will lead to higher-quality content being produced. If we make it clear that we prefer spending money in a nickel-and-dime fashion on free-to-play games, that's what we'll get — while the ambitious projects that could truly harness our overspecced mobile devices remain on the drawing board for fear of being pirated to death.
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Ordinarily; I'd be just about the last person ever to post anything on the 'spiritual' section; but I just had the most amazing aikido-related dream and want to write it down while it's still fresh in my mind.
Usually; I'm not one to remember dreams; most are pretty average I guess; the thing that made this one stand out was its complete clarity; and its solidness, for lack of a better term - most dreams, at least mine, shift around from topic to topic like a drunk discussing politics. This one was solid; it stayed the same throughout its length.
Anyway: I'd just stepped out (in the dream) onto my front lawn for a little practice in the early morning. The air was chill and refreshing; the time; about 6 in the morning, just as the city is beginning to wake up. I was dressed in my normal aikido outfit; gi with blue belt; and began doing forward rolls on the grass which was wet with dew. (The dream was that detailed.) The rolls came easy; far easier than they do in real-life. So; I decided to extend them - starting with a faster walk; then a run - I drifted through the rolls effortlessly.
Then comes the 'dream effect' I guess you'd call it: I started the rolls with a little hop; and noticed I was coming back down at the same speed I went up - jump fast; come down fast. Jump slow; come down slow. I wound up doing rolls with leaping arcs 10 feet high. It was sort of like what happens scuba-diving; if you push off fast; the drag of the water will stop you dead; but if you push off slowly and smoothly; you can glide for meters over the reef. That's how it was going in the dream. I started testing the limits of this new-found freedom; jumping across the lawn; then across the street; then down the street. It was sort of a 'crouching tiger hidden dragon' thing; gliding from ground to rooftop; to treetop, to a swan-dive and roll-out on the pavement. I realized what town I was in; Welland, Ontario, where I spent my childhood. (Which in itself is odd; my childhood was not a happy one; if there's one place I didn't feel like going back to; it was there.)
Throughout; the dream remained crystal-clear and solid; like I was actually there; I remained totally lucid, thinking with seemingly perfect clarity. I was amazed at my newfound power; I wondered at it but chose not to question it - I was certain that if I did so; it would go away. I drifted by the Safeway store I used to hide behind as a kid; over the train tracks, I could count the cars in the parking lot, (six; including a blue taxi waiting for a fare,) see the signs in the windows, (special on chicken legs, $1.99 a pound) everything as if it were real. I drifted by a woman walking her dog; walked along the top of the white picket fence that surrounds a b&b, through (and up, around and over) Woodlawn Cemetary; all places I haven't seen in twenty-two years. The places were not the same as they were when I was a kid; they had changed as time will change things. The big house beside the cemetary, for instance, used to be blue with a wide rolling lawn and an immense beech tree. In the dream; it was white with hedges all around, the climbing wisteria that had dominated the house was gone; cut back to a smaller shrub. I made a big circut of the city; over rooftops and up and around walls; sometimes just jogging and hopping over the odd telephone wires. I came to rest back on my front lawn; made a last big leap into the sky, and woke up.
I woke up completely awake, refreshed and alert. It's the best sleep I've had in years. I bounced out of bed; walked out to my front room to open the windows. It's the same kind of morning: chill, dewey, alive. Most of my front room is a mini-dojo with mats over the floor, a weapons rack on the side and a small kamiza beside the TV. Just to keep the feeling from the dream going; as I was passing back over the mats I did a casual one-handed cartwheel before heading for the orange juice.
I had the fridge open before I realized what just happened; it had seemed so natural.
As God is my witness; I've never done a cartwheel before - a regular 2-handed one, let alone a one-handed one. I just don't have that kind of agility or, since the accident that left me permanently stiff from the waist down, the flexibility.
But I just did one less than an hour ago.
I guess I was still in that half-asleep awareness you get after a real good sleep even though I felt completely awake; because I just tried it again, damn near ripped my arm out of its socket and wound up face-first in the philodendron. Lol - rats; I guess it was only a dream after all. :)
Even still; something amazing happened and I wanted to tell you about it. I don't really know if it actually has anything to do with aikido; except for the fact that I was practicing it in the dream; its probably just a variant of the 'flying dream' everyone seems to have. But still; it felt absolutely real. I've never been one to think that dreams contain messages; but I'm going to think on this one a bit; it seems important somehow that I do.
Thanks for sharing your story! I enjoyed it very much. I'll spare you any rookie interpretation of your dream but I will say congratulations on it and I'm glad you enjoyed it and embraced it enough to share!
Have a good one! :)
thanks for sharing your dream, I think it was really cool.
shihonage
I once had a dream that I was Steven Seagal and I threw a bunch of guys through glass windows.
It was the best dream I ever had.
I often, well at least one every few months or so.Once i dreamed that i was just chilling on my porch, wich is about 1.5 metres from the ground.Then suddenly this guy from school came running up the stairs.He had this weird look in his face, dangerous like a criminal or something.I thought he came to rob us.So he attacked me with a sluggish overhead punch (shomenuchi??), and I countered him with an iriminage.He flew away landing on his neck in the grass..DEAD!!
I felt so anxious to get away, not knowing what to do!!This gave me a sort of simulation about how it is to hurt or kill someone, I believe its a disgusting feelin, even if its out of self-defense
OH and Dave that was one kool dream!!"free your MIND!!! :)
Dave, I must say that that is one cool story. The dream itself is cool, but I think what happened when you woke up is the real meat of the story. I think that once in a while people can experience something like what or who they are without their self-imposed limitations. That's what this sounds like to me. It's not that your body can't do a cartwheel, but you know that you can't do a cartwheel. It's not true, clearly, but you make it so. I don't mean this personally, but everyone is like this. One of the guys in our Dojo once said about his little newborn boy, to paraphrase; "he doesn't know that he isn't strong enough to lift something, so that makes him very very strong." I think that is a fundamental truth that is easy to forget, and having remembered is almost impossible to reach that point again. We think we know our limits, and for many reasons our mind won't let us push them too far. Under shock and an adrenaline rush we can do amazing things, but that means that our bodies have the potential to do those things all the time. Sure there may be chemicals and such involved, but it's there just under the surface. It's a great things that you experienced a moment of real freedom there, and I think you should really look into it and see what you can learn from it. Let us know what you think about it in a week or so!
Cool dream though. Since My kids arrived it's been nothing but deep 'passing out' sleep and nightmares :(
Thanks all; it seems the dream has had one positive physical effect: my ukemi's improved in the last week. I always kinda figured I was fairly relaxed when rolling; actually now that I look at it I was fairly tense in the shoulders and back - the old 'protect the knees' thing. I've been doing a LOT of ukemi in the past week; and I've found I have less nervousness about hitting the mat; which seems to have bred better positional awareness (knowing where I am through the roll). End result: Last week; I was mainly concerning myself with developing 'perfect' rolls; i.e. proper body position, arms, legs in the right spot, etc. Now; I'm just sort of relaxing into it; just letting myself collapse in the direction my body's already going. Seems to work; my rolls are a lot less square; my stability is improved as well. Dunno if this is a result of the dream or the practice it inspired; but whatever it is; I like it. :)
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KING’S Ely’s annual Hoop Trundle will be taking place outside Ely Cathedral at 12 noon on Saturday (3) and parents, pupils and members of the public are being invited to come along and watch.
The fiercely contested event sees the school’s King’s and Queen’s Scholars bowling traditional wooden hoops over a course on the East Lawn of Ely Cathedral and commemorates the re-founding of the school by King Henry V111 in 1541. Having dissolved Ely monastery, which had educated children for centuries, he gave the school its first Royal Charter and inaugurated the 12 King’s Scholars. One of the privileges he allowed them was to play games, including the bowling of hoops, in the Cathedral precincts. In 1970, the school admitted girls for the first time in its 1,000 year history, and three years later the King’s Scholars were joined by Queen’s Scholars at the request of Queen Elizabeth 11 during her visit to the school in 1973.
We hope to see you there!
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A three time All America swimmer at Michigan, Colorado State athletic director Joe Parker seems destined for a high profile gig.
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We going to find out the proper way to have a discussion with the government to make sure we understand their points of view and we want to discuss out point of view which is why it better to get up twice a year and change the clocks.
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Every kickoff would go out of the end zone. I know hes engaged and taking the next step to being an adult, but hes not quite there yet.
That’s mainly the job of Calais Campbell (93) and Dwight Freeney (54), a pair of solid and wise veterans. 1 overall pick by Houston.
What notable about this is the NHL is not the first professional league in America to see a woman appointed to a senior role.
I was like, you remember that song at the end where Eddie King was singing, (singing) I feel like going. Former ABC “Nightline” anchor Ted Koppel, NBC “Today Show” anchor Matt Lauer and Playboy creator Hugh Hefner are three famous and well paid communications majors.
Having grown up just a few miles from Cleveland, there’s a fun connection here too. He will talk about positioning, the purpose of the defense, and talk about defensive linemen and linemen lanes.
We believe Joe has put this behind him and that he can turn into the player and community member that creates a plus for Cincinnati.
Her time coincided with Welsh’s gordon hayward basketball shoe coaching prime as the Cavaliers shared ACC championships in 1989 and ’95 and rose to No. Each position faces a different type of player on the defensive line, but linemen generally need to be large, strong and agile.
I don’t care if you don’t like it.”. In conclusion, I believe the Jets can use Tebow’s “play making abilities” to improve the Jets offense and turn them into playoff contenders again.
Will the Indianapolis Colts draft RG111 or will they wait and see the results of Peyton Manning. In college, it is the same thing, plus walk ons hope to earn a scholarship.
Obviously, it would be unreasonable nfl clothing to expect him to have amassed 80 caps at his age. The Eagles averged just 2.71 yards per carry on first down and 2.50 yards per carry on second down..
Apple, too, is making more of its square footage by opening stores that double as community centers.. With players at any level of competition, height will often accompany the size and weight needed to play on either side of the line of scrimmage.
It left the running back http://www.gordonhaywardjerseys.com/ with just a senior year’s worth of tape, no scholarship offers coming out of high school, but also, trying out for the Pittsburgh Steelers at the team’s rookie minicamp this weekend.
[The training was led by] a guy who was underqualified to speak about the subject he was speaking about, and a handful of guys, frankly all the guys on the team, sitting in their chairs, on their phone, joking around.
The plot line for “Jesse” would be every bit as Hollywood. The 49ers have high expectations for fifth round pick George Kittle after he showed so much promise in the offseason.
Her father, her two sons and her grandchildren, who also live in the Baltimore area, are die hard Steelers fans. Nebraska had a four star quarterback, Tyler Shough, in for an unofficial visit and didnt offer him.
Yesterday many players who aren’t in the habit of kneeling did so. The Eagles in fact made it to the Super Bowl. I just wimped out.”.
I knew that was my favorite sport.”‘. Paul Shavack. However, the Ravens are well stocked with defensive linemen and at least one prominent draft analyst doesn’t believe Buckner’s pass rush skills will be as impactful on the next level.
By continuing to play games in London and making them free to watch via the BBC the NFL has succeeded in slowly building a fan base.
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Dr. Bailey has been teaching ethics at FSU for nearly 20-years and answering questions online for nearly a decade. In that time he has responded to thousands of inquiries from behavior analysts, consumers and other professionals from all over the world. He has become known for his personal touch and individual attention to each question as it comes in. As a semiretired, emeritus professor he views helping others understand ethical solutions to difficult problems as his passion. Dr. Bailey has written three books on ethics and a fourth is on the way (they can be found in the Resources section of this website).
Thomas Zane, PhD, BCBA-D
Dr. Thomas Zane is the Director of Online Behavior Analysis programs in the Department of Applied Behavioral Science at the University of Kansas. Dr. Zane earned his Bachelor’s and Master’s degree in psychology at Western Michigan University and his doctorate in Applied Behavior Analysis at West Virginia University. Dr. Zane serves on the Executive Board of the Cambridge Center for Behavioral Studies, the international organization that represents the field of behavior analysis. Dr. Zane is the Past-President of the Ethics Special Interest Group of the International Association for Behavior Analysis. He has presented extensively on ethics at state, regional, and national conferences. Dr. Zane is particularly interested in why some behavior analysts drift from the code, and the importance of adhering to choosing scientifically-supported treatments in clinical and educational work.
Mary Jane Weiss, PhD, BCBA-D
Mary Jane Weiss is a Professor at Endicott College, where she directs the Master’s Program in ABA and Autism and is a mentoring faculty member in the Doctoral program in ABA. Dr. Weiss has worked in the field of ABA and Autism for over 30 years. She received her Ph.D. in Clinical Psychology from Rutgers University in 1990. She previously worked for 16 years at the Douglass Developmental Disabilities Center at Rutgers University, where she served as Director of Research and Training and as Clinical Director. She serves on the Scientific Council of the Organization for Autism Research, is on the Board of Advisors for the Cambridge Center for Behavioral Studies, and is a regular reviewer for a variety of professional journals. She is a frequent member of service committees for the Behavior Analyst Certification Board, including many years of service on Disciplinary Review Committees and serving as the inaugural chair of the Code Compliance Committee for the Professional and Ethical Compliance Code. Dr. Weiss authored the Ethics Corner column for APBA for over two years. She is a Past President of the Autism Special Interest. Group of ABAI, a former member of the Board of the APBA, and a former Board Vice President for Autism New Jersey.
Yulema Cruz, PhD, BCBA
Yulema has been an ABA supervisor for a decade. In that time, she has supervised both undergraduate and graduate ABA students, as well as behavior therapists. Yulema has also developed, conducted, and participated in research projects in the areas of academic supervision, and autism. Additionally, she has presented at state and national conferences on the areas of mentorship, supervision, sexual harassment, communication, sustainability, and cultural diversity. Yulema earned a PhD from Nova Southeastern University. Her academic interests include ethics and supervision in ABA, the latter of which was the topic of her dissertation. Yulema is a Board Certified Behavior Analyst, and the current President Elect of the Florida Association for Behavior Analysis (FABA). She is also an adjunct instructor for Florida International University, and Universidad Iberoamericana (UNIBE), as well as a consultant. In this role, she provides school consultations and parent trainings. Also, Yulema works in the development of supervision systems and the dissemination of ABA to other countries and languages, as an active participant of the FABA Multicultural Special Interest Group. As current President Elect for FABA, she co-chairs the Legislative and Public Policy Committee, and is a member of the program committee.
Michele Silcox, with her 25-year career in accounting, quickly learned that the basic principles of Accounting apply across all industries. She developed a keen sense of controls, checks, and balances and was able to successfully manage large teams of accounting staff in meeting and exceeding goals for all levels of back ofce functions. With her experience and desire to help others, she is a seasoned, natural leader and trainer for employees, executives, and colleagues she has worked with. For the last decade, Michele has focused her career on ABA Therapy billing and insurance funding sources, founding ABA Therapy Billing and Insurance Services and MKS Consulting, LLC, nationally recognized Autism Services billing, consulting, credentialing, and auditing companies, supporting the provider just starting out through the large ABA agency ourishing with multiple providers, clients, and funding sources. Additionally, her software background puts her in a position to help providers maximize the use of the practice management software they have chosen. As a Certified Medical Reimbursement Specialist and a Certified Professional Medical Auditor, she can provide an in-depth risk assessment for providers to support compliance and profitability of their practice. With tighter regulations on healthcare services, providers need to know when they are at risk for non-compliance and remain out of harm’s way of fraudulent activity. Helping providers find that peace of mind is her goal. Michele is coauthor of Revenue Cycle Management for ABA Therapy.
Noor Syed, PhD, BCBA
Dr. Noor Syed is a Professor of Practice and the Clinical Director of Lehigh University Autism Services (LUAS), which opened in July 2018 within Lehigh University’s College of Education. In this role, Dr. Syed supervises BCBA candidates through an intensive practicum course and oversees programming for all clients served through LUAS. Prior to this role Dr. Syed was an Assistant Professor of Special Education with Manhattanville College, during which time she directed BCBA and New York State behavior analyst licensure approved coursework. Dr. Syed is a NYS certified general and special education teacher, birth through grade six, a BCBA-D, and a licensed behavior analyst in the states of New York, Connecticut, and Pennsylvania. She has worked with individuals diagnosed with autism spectrum disorder and developmental disabilities for over 10 years from early intervention through adulthood as teacher, Special Education Itinerant Teacher (SEIT), ABA therapist and supervisor, and subsequently an administrator. Dr. Syed received her B.A. in Applied Behavior Analysis with Dr. Raymond G. Romanczyk through the Institute for Child Development at Binghamton University and completed her M.A., M.Phil., and Ph.D. in ABA with Dr. R. Douglas Greer at Teachers College, Columbia University. Dr. Syed was appointed as a Top Tier International Discovery Fellow, inaugural class, with the Global Autism Project where she now serves as the Director of Partnerships. In this role, Dr. Syed has consulted with autism clinics around the world including in Uganda, Romania, and Indonesia.
Shaune’ Langston, Esquire has been an attorney since 2003 and graduated from Northwestern University’s School of Law in Illinois. She has practiced regulatory compliance law, litigation, as well as transactional/corporate/contract law. As the mother of a son who was diagnosed as being on the spectrum in 1995, she knows the emotional distress of, empathizes with, and cares deeply for, families affected by delayed-developmental diagnoses and other diagnoses that can benefit from the utilization of ABA. She strongly advocates for fairness and she is committed to helping people regarding ABA and the law. She is happy to provide her best efforts to help families affected by delayed development diagnoses and other diagnoses that may benefit from ABA. She will always strive to act in the best interests of the children and families affected by diagnoses that can benefit from ABA. She is honored to volunteer and provide pro bono services to individuals that contact the ABAI for guidance, help and hope.
Rosemary Condillac is an Associate Professor and incoming Department Chair and Graduate Program Director in Applied Disability Studies at Brock University, which houses the largest ABA graduate program in Canada. She also serves as the ABAI VCS coordinator for the BCBA course sequences embedded in their ABA Master’s Degree Programs. Dr. Condillac conducts research in ABA, supervises her graduate students’ research, and teaches ABA ethics and professional conduct at the graduate level. Dr. Condillac has worked in the fields of Autism, Intellectual and Developmental Disabilities and ABA for over 30 years in different roles including direct care professional, behaviour analyst, researcher, psychologist, and professor. She received her PhD in School and Child Clinical Psychology at the University of Toronto in 2002. She is a Past President of the Ontario Association for Behaviour Analysis (ONTABA). She remains an active member of the ONTABA Advisory Committee, is Lead on Professional Regulation on their Education and Advancement Committee; and is contributing to their government funded project to develop Ethics and Jurisprudence training materials. Dr. Condillac has authored the, “What would you do?” ethics advice column for The ONTABA Analyst newsletter since 2017, answering questions and responding to pertinent shifts in policy and practice in Ontario, Canada.
Chris McGinnis, PhD, BCBA-D
Chris McGinnis, PhD, BCBA-D is a Florida-based licensed psychologist in private practice (chris@mcginnisbehavioral.com). He practices behavioral pediatrics with emphases in pediatric sleep health, behavioral compliance, anxiety disorders, and behavioral parent and educator training and consultation. Dr. McGinnis has over 25 years of experience in the field and has worked to popularize non-psychopathological, behavior-analytical theoretical and procedural models of understanding why children do what they do and what we may do to help them find more success. He has served as a postdoctoral fellowship trainer and as a Boys Town outpatient clinic director and continues to offer mentorship experiences for undergraduate ABA students. His areas of expertise include the business of private practice, behavioral pediatrics, and collaboration with community professionals.
Terri Wright is the Coordinator of Behavior Services for Mesa Public Schools, which is the largest school district in Arizona. In this role she leads a team of BCBAs and instructional assistants in applications of Applied Behavior Analysis within the school setting. She also serves as an Academic Associate with Arizona State University, Mary Lou Fulton Teachers College, in the online graduate program in Applied Behavior Analysis. She earned her Bachelor’s degree in Elementary Education from Indiana University and her Master’s degree in Special Education from Arizona State University. She is an experienced teacher, with 18 years of classroom experience, both as a general educator and special educator, and holds Arizona teacher certification in elementary education, special education, and middle school math. Terri’s areas of interest include ethical practices within the school setting, BCBA supervision in the school setting, and training teachers on implementation of Applied Behavior Analysis.
Loren Eighmie works as a Board Certified Behavior Analyst in Nashville, Tennessee. She currently provides services for children in their homes, schools, and community, while also providing supervision for RBTs and graduate student trainees. Loren received her bachelor’s degree from Florida State University and received her Master of Science degree in Psychology with a major in Behavior Analysis from FSU in 2020. While completing her undergraduate degree she worked as a RBT at an ABA agency in Tallahassee, FL. and worked full time for one year prior to graduate school; she continued practicing as an RBT while accruing hours to sit for the BCBA exam and maintained her RBT credential for the next four years. At Florida State, Loren consulted on the first RBT Ethics book with Dr. Bailey and continues to provide input on the daily service requirements of behavior analysts for his writing projects. Loren’s interests include supervising RBTs and graduate students, maintaining ethical practice for RBTs, as well as teaching and mentoring graduate students in best ethical practices.
Dr. Christen Russell is the founder and Executive Director of Affecting Behavior Change (ABC). She founded ABC from her passion and commitment to education, diversity, equity, inclusion, and justice, ethical behavior and decision-making, and behavior analysis. Through continual personal and professional growth, Christen’s mission is to help systematically fill the gaps in areas of continuing education, professional development, and research. In addition to direct service in educational and organizational settings, Christen has been actively involved in the field of behavior analysis through academic instruction, training and supervision of staff, as well as the design and dissemination of applied research. Christen holds adjunct faculty positions teaching masters and doctoral level students at Endicott College and Capella University. Christen received her PhD. in Applied Behavior Analysis from Endicott College, an M.S. in Psychology with a concentration in Behavior Analysis from Kaplan University, and a B.A. in Psychology from Rutgers University. Christen received the Exceptional Contribution to DEI Initiatives award from Endicott College’s Institute for Applied Behavioral Science.
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To ask the Minister for Education and Skills the status of the provision of a new site for Gaelscoil Ros Eo, Rush as announced in November 2015; and if he will make a statement on the matter.
REPLY
As the Deputy is aware the building project for the school in question is included on my Department's capital programme.
I am pleased to inform the Deputy that agreement in principle has been reached on the proposed acquisition of a site that will accommodate both the school to which he refers and a replacement building for an existing post primary school. This acquisition is currently progressing through the conveyancing stage.
Progress on a permanent school building project for Rush National School, Rush
To ask the Minister for Education and Skills the position regarding progress on a permanent school building project for Rush National School, Rush; and if he will make a statement on the matter.
REPLY
The major building project for the school referred to by the Deputy is currently at an advanced stage of Architectural Planning, Stage 2b - Detailed Design, which includes the application for statutory approval and the preparation of tender documents. Statutory approvals in relation to the permanent new school build have been secured.
Following the appointment of a replacement consultant architect, the Design Team has reviewed the previous Stage 2(b) documentation and is currently upgrading the design to ensure that the new school building is a Near Zero Energy Building (NZEB) in compliance with the 2017 amendment to Part L of the Building Regulations.
The Design Team is also finalising the detail in relation to the provision of temporary accommodation and playground facilities during the construction of the new school building. My Department is currently reviewing a report in relation to costs for the temporary accommodation and playground. Upon review and approval of costs, the Design Team will then submit an application for Planning Permission for the temporary accommodation and playground to the Local Authority.
The Design Team will then complete the tender documents and submit the Stage 2b report to my Department. Upon receipt and review of the Stage 2(b) submission, my Department will revert to the Board of Management regarding the further progression of the project at that time
Progress on a new school building project for a school St. Joseph's Secondary School, Rush
To ask the Minister for Education and Skills the position regarding progress on a new school building project for a school St. Joseph's Secondary School, Rush; and if he will make a statement on the matter.
REPLY
The Deputy will be aware that a building project for the school to which he refers is included in my Department's School Building Programme to be delivered as part of the National Development Plan (NDP).
A new site is required to facilitate this development and my Department has recently reached agreement in principle with the landowners for the acquisition of a site. In tandem with the site acquisition, my Department will now initiate the preparation of the project brief. My Department will be in contact with the school authority when this process has been completed.
New site for St. Joseph's Secondary School, Rush
To ask the Minister for Education and Skills the status of the provision of a new school building project for St. Joseph's Secondary School, Rush; if the acquisition of a new site for the school has been completed; and if he will make a statement on the matter.
REPLY
As the Deputy is aware the building project for the school in question is included on my Department's capital programme.
I am pleased to inform the Deputy that agreement in principle has been reached on the proposed acquisition of a site that will accommodate both the school to which he refers and permanent accommodation for a local primary school. This acquisition is currently progressing through the conveyancing stage and my officials are working to bring it to a conclusion at the earliest possible date.
Permanent school for a school for Rush and Lusk Educate Together National School
To ask the Minister for Education and Skills the status of the provision of a permanent school for a school (details supplied); and if he will make a statement on the matter. (Details Supplied) for Rush and Lusk Educate Together National School
REPLY
This building project is currently at Stage 2B of the Architectural Planning process – Detailed Design Stage. The pre-qualification of contractors process has been carried out by the Design Team.
The next stage of Architectural Planning for this project will be Stage 3 – tender stage which normally takes 7-8 months to complete. My Department will be in contact with the school regarding progression to tender stage.
This building project is included in my Department’s Construction Programme which is being delivered under the National Development Plan.
Status of the refurbishment and extension of the school St. Finian’s Community College, Swords
To ask the Minister for Education and Skills the status of the refurbishment and extension of a school (details supplied); when work will commence; and if he will make a statement on the matter. (Details Supplied) St. Finian’s Community College, Swords, Co. Dublin
REPLY
As the Deputy is aware, the project to which he refers is devolved to Dublin & Dún Laoghaire Education and Training Board (DDLETB) for delivery.
My Department is fully aware of the need to urgently progress this project. However, it is of the utmost importance that the final outcome for this project will be the correct one for both the school authority and the pupils. In that regard, I would like to inform the Deputy that arising from its due diligence in respect of the preparation of the revised pre-qualification process for this project, DDLETB has carried out a review of the project which puts forward an alternative option for progressing it. In that respect, DDLETB recently met on-site with officials from my Department who have now sought further documentation from the ETB. This documentation, when received, will further inform my Department’s active consideration of this proposal and will assist in determining the next steps to be taken in progressing the project.
In this respect, it is therefore not possible to give a date as to when work will commence at this time.
All Parlamientary Questions I make about schools in Dublin Fingal and their answers can be viewed in this section
December 2019
November 2019
October 2019
September 2019
May 2019
April 2019
March 2019
February 2019
January 2019
November 2018
October 2018
Address
At present, and as a result of the COVID-19 pandemic, I am not holding my regular meetings across our towns and villages in North County Dublin. However, both I and my office are happy to speak to you and assist you with any issues you may have.
Postal address: Department of Housing, Local Government and Heritage, Custom House, Dublin 1, D01 W6X0
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I am so pleased that BeeGee Barry Gibb and his wife Linda are the new owners of the Cash house in Hendersonville, Tennessee. I have been there numerous times and I am glad to know that it won’t be empty anymore, and music will once again echo off the walls. Songs will be written and sung. People will laugh and tell stories. Victories will be celebrated, and losses mourned. In other words, life goes on.
John and June would be the first to celebrate.
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The daughter of a town marshal, Linda Lael Miller is a #1 New York Times and USA TODAY bestselling author of more than 100 historical and contemporary novels, most of which reflect her love of the West.
Raised in Northport, Washington, Linda pursued her wanderlust, living in London and Arizona and traveling the world before returning to the state of her birth to settle down on a horse property outside Spokane.
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In many areas of you life, whether you work full time in a church, part time, or volunteer your time and have a separate career, you may find yourself feeling exhausted and burned out from…
Posted by Mike Sessler July 11, 2017 TECHNOLOGY, VOLUNTEERS
How To Train Volunteers in Tech Ministry
Finding volunteers who are willing to take the time to learn how to be part of the tech team can be challenging. I find most churches have relatively small group of people in their entire…
Posted by Luke McElroy June 20, 2017 LEADERSHIP, PERSONAL GROWTH
3 Phases of Ministry
Most of the SALT Community and those who have attended one of our gatherings, work full time or part time for a church. And those who don't work full time for a church, likely serve…
Fired Up $10.00 – $18.00
© 2022 SALT Community. The Creative Community for the Church.
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Elevation Worship
Elevation Worship began as the musical arm of the Elevation Church, a multi-site church based in Charlotte, North Carolina, that was founded in 2006 by pastor Steven Furtick. The group was originally formed around the musical core of Chris Brown, Mack Brock, and Wade Joye, all of whom sang and played guitar, while Furtick contributed to their songwriting. While a shifting cast of instrumentalists worked with Elevation Worship, singers, Brown and Brock would become two of their on-stage focal points and a number of other vocalists were featured, including Jenna Barrientes, Jonsal Barrientes, London Gatch, Anna Sailors, and Jane Williams.
The multi-generational family band—consisting of brothers Ed Cash and Scott Cash, Ed’s daughter Franni, his son Martin and dear friend Andrew Bergthold—grew roots when the Cash brothers were just kids. Their dad played guitar, and their mom played piano, resulting in a home filled with music. Despite there being an eleven year age gap between them, as both Ed and Scott entered their teens and early 20s, they embarked on similar individual journeys as touring artists and had the opportunity to be deeply involved in the ministry of Young Life. However, when they each became fathers, the dream of being an artist was relegated to put on the back burner. Instead, behind the scenes, Ed went on to become an award-winning songwriter and producer, steering records for artists like Chris Tomlin, Crowder and Bethel Music and co-writing timeless songs like “How Great Is Our God,”“Amen (Because He Lives)” and “All My Hope,” among other hits. After stepping off of the road to spend more time with his growing family, Scott began working with Ed writing and producing, and the brothers have written many songs together including “Whom Shall I Fear (God of Angel Armies)”. Though no longer pursuing careers as artists, both brothers continued to lead worship and remained involved in playing music at Young Life camps.
They never could have imagined how, years later, God would bring their artist dreams full circle in the form of a family band. “I think many producers are, in some way, closet artists,” Ed attests. Andrew, Franni and Martin were also aspiring musicians, passionate about sharing their gifts through songs and stories.
Worship Leader, singer and songwriter Tim Timmons is a man of faith whose principles were tested by hard luck and mortal challenges before he produced his first album of praise & worship music. Coming back from a dramatic cancer diagnosis, Timmons forged a career as an inspirational recording artist with albums like 2013’s Cast My Cares and 2015’s Awake Our Souls, later venturing into children’s music with 2017’s Who I Am.
Timmons was born in Irvine, California on February 9, 1976, and he developed an interest in music as a child, taking up the drums when he was seven years old, learning to play guitar and write songs when he was 11, and teaching himself to play piano. Timmons developed a knack for songwriting, and in his early twenties, he began turning professional, eventually co-writing with the likes of Mike Doheney of the group Tenth Avenue North, Michael Farren of Pocket Full of Rocks, Dove Award-nominated singer/songwriter Jason Walker, and LaRue frontman Phillip LaRue, while also serving as a worship leader at Mariners Church in Irvine. However, in 2001, Timmons began re-examining his life when he was diagnosed with inoperable cancer. Originally told he had only five years to live, Timmons devoted himself to his wife, his growing family, and his work as a worship leader. After he’d more than doubled his initial survival expectancy, Timmons felt a new calling to use his music as a tool to bring people to a greater understanding of what it truly means to follow Jesus. Declaring that “Following Jesus versus being a believer in Him is revolutionary,” Timmons put a new emphasis on music and songwriting, and in 2013, he landed a record deal with the Christian music label Reunion Records. Cast My Cares, Timmons’ first album of worship music, was produced by Paul Mabury, and was released in the summer of 2013 and reached number 13 on Billboard’s Christian chart. He followed up in 2015 with Awake Our Souls and toured in support of the release with MercyMe and Phil Wickham. Timmons’ next project was the 2017 children’s album, Who I Am, which he co-produced with Christian Hale and released independently. That same year, he offered his first holiday release with the five-song Mighty Christmas EP. Written during a church retreat, Timmons next offered up the anthemic single, “I Belong,” which featured an appearance from CCM legend, Amy Grant. ~ Mark Deming, Rovi
Homeschooled preacher’s kids with finance degrees don’t usually quit their Budget Analyst jobs that provide health insurance to pursue stand-up comedy, but Andrew Stanley did, and he hasn’t looked back. He is now touring all over the country (as well as internationally) performing at clubs, festivals, fundraisers, churches, corporate events, bars with 4 people in them that “didn’t know there would be comedy tonight”…. Andrew possesses a unique perspective that pairs well with his dry delivery and observational nature. He was the winner of the 2017 Search for the South’s Funniest Accountant and in 2019, he was selected as a New Face of Comedy at Montreal’s prestigious Just For Laughs Comedy Festival. Andrew’s parents are still alive so he works clean.
Jeff started his career in the studio as an independent music producer and engineer, and from 2007 to 2016, was the Front of House engineer for Chris Tomlin. Jeff circled the globe several times, both with Chris and with Passion Conferences.
He was a part of North Point Community Church in Atlanta since its beginning and has partnered with North Point, as well as other churches over the years, helping them train production excellence and engagement, both on the platform and off.
Jeff’s heart for helping churches excel led to the development of Sonnet House, a ministry designed to provide church production teams resources for technical training, creative communication, and spiritual connection to God and each other. Jeff has brought that calling to the founding of MxU, as they partner together to provide world-class resources to church teams so they can get better at what they do while getting better at who they are.
He is also bringing those skills to bear as he leads the commissioning and training of new systems for WAVE, an AVL integrator based in Charlotte, NC.
Jeff lives in Greenville, South Carolina with his beautiful wife Elizabeth (who is far superior to him in all respects), their even more superior daughter, Stella, and Lula the dog.
Jim Yakabuski is a live concert audio engineer who mixes FOH for Gwen Stefani, Peter Frampton, Matchbox 20, Van Halen and many more. Jim is also a co-founder and instructor at The MIX Institute, a live audio school focused on helping House of Worship audio engineers become better mixers of music. He is also a contributing writer for Church Sound Magazine and Live Sound International. He has been mixing live audio for 40 years.
Samantha Potter is an audio engineer and an editor for ProSoundWeb with a passion for writing and educating. Additionally, she serves as the “Install Empress” for Allen & Heath USA, helping to merge the live sound solutions we all love into the commercial and install space. Growing up as a musician, Samantha found her way to live sound by way of the studio, proving that bassists make the best sound engineers. The host of Church Sound Podcast and a co-director and lead instructor for Church Sound University, Samantha can often be found teaching, writing, and hosting discussions on various live-sound topics.
For the last 20 years, James has been working in multiple aspects of the audio industry. On arriving in the USA from Australia, James took up a house engineer position at Henson studios in LA while also embarking on world tours with multiple bands, most notably Hillsong United in the FOH position. He now resides in Nashville TN and while not on the road, mixes records from his home studio and consults for LAcoustics.
Kem is a brand therapist who has spent three decades working at the intersection of techs and creatives. Known for her ability to eliminate complexity and information overload, she helps people clear the organizational hurdles that sabotage effective work. Kem’s book, “Less Chaos. Less Noise” is a go-to communications resource for top churches and not-for-profits.
In 2007, Brad Sitton left his dream job as Director of Creative Media at Passion Conferences to start Blister Studios, an innovative motion graphic design studio creating video content for DC Shoes, Chick-Fil-A, Passion Conferences, Golden Corral, North American Mission Board, Youth Specialties, BigStuf, Orange Conference, North Point Community Church, just to name a few.
In recent years, Brad and his twin brother Brian started CrowdControlGames.com to craft games for any size crowd. Over the past several year’s they’ve had an opportunity to impact countless churches as well as create custom games for Chick-Fil-A, Walmart, Norwegian Cruise Lines, and more!
Brad currently lives in Atlanta with his smoke’n hot wife, 3 kids and is learning to sail. He is a two time winner of the RedBull Flugtag competition and surprisingly good at building sandcastles.
Patrick McEwen has worked in church production and event production for over 15 years. He managed environments for Youth Ministries and Sunday Services across Metro Atlanta before becoming a full-time Production Manager. He founded McEwen.Co in 2018 and has helped design, implement, and manage systems for events across the nation. He’s the lead Stage Manager for Catalyst Conference, Leadercast, and Q Conference. He has also been the Crew Lead and Stage Manager for SALT Conference for the past 2 years. He and his wife Jenn live in Atlanta, Georgia with their two daughters.
Timmy is the Lead Audio Engineer and Audio Specialist at Long Hollow Baptist Church in Hendersonville, TN. As Long Hollow continues to launch satellite campuses, the need for skilled supervision in audio and visual areas continues to increase. Starting in 2011, Tim has provided this much-needed leadership and expertise to make our satellite campus worship experiences the best they can be. He also is a sought-after freelance audio engineer working with the CMT Awards, CMA Festival and countless CCM artists and tours as a consultant.
Jeremy Bagwell is the Business Development Manager at Ross Video for the House of Worship industry. His passion for live production was fueled by a long history of work in and out of the local church. He loves creating well engineered systems that fuel people and churches to do what they do best. Formerly, Jeremy was the Live Video Director and Production Director for North Point Community Church in Alpharetta, GA. Before North Point, he serves for 4 years at 12stone Church as Production Director for two different campuses. Jeremy is a prolific video director and systems engineer and wants to help push the church into innovative technology with purpose.
Tyler Hirth is the Production Manager at Long Hollow Baptist Church and oversees the entire production environment, equipment and teams at Long Hollow for all of their campuses and buildings. He has been at Long Hollow since 2007 and oversees the recruitment and training of production volunteers, designs and oversees A/V technical installations, and technical directs a majority of weekends services and events. Aside from his leadership at Long Hollow, he is also the technical director for The Huckabee Show on TBN, shot in Gallatin, TN. He and his Wife Andrea love being part of the Hendersonville, TN area and are proud to call Long Hollow home.
Rocket, as he is known among friends, is the Central Production Manager for Cross Point Church in Nashville, TN. Through his role, he serves on the creative team as part of programming and production. Through the use of audio, video and lighting, he strives to create engaging and distraction free moments where people can fully experience God’s presence. When he’s not at the church, he can be found spending time building something in his home woodworking shop, recreating Pinterest finds, or hanging out with his beautiful wife Molly in the great outdoors of Nashville, TN.
Christina is the Creative Arts Volunteer Coordinator for Cross Point Church in Nashville, TN. She leads the music team auditions as well as orchestrates the Sunday scheduling for their worship volunteer teams. Christina is passionate about music, the local church, and how worship can engage a community! She desires to bring this passion to others through the music of Cross Point. She is also a recently new mother and finding it to be her greatest joy!
Chad Hall
Chad Hall is the Founder and President of United Production Services, Inc; the parent company to Take One Film, BOLD Distribution, BOLD Bags and Nashville Production Rentals. As a seasoned video production specialist and an expert camera shader, Chad Hall has had the opportunity to work on countless television broadcasts including the CMT Awards, Dove Awards, and countless sporting events. He also has credits as a chief engineer on the television series “four”. He and his wife are active members of the local church in Hendersonville, TN.
Mark MacDonald is Church Brand Strategist for BeKnownForSomething.com, a national church communication and branding agency, coaching pastors and churches to become relevant in their community. He’s the bestselling author of “Be Known For Something” (beknownbook.com), has written 800+ magazine articles, and is the Exec Director of Center for Church Communication (Church Marketing Sucks, Courageous Storytellers). Over 30+ years, Mark has served as Pastor, Marketing VP, Creative Director, and Strategist; in one of Eastern Canada’s largest agencies, his own agency, for the 3000+ Florida Baptists, and most recently at one of the largest church consulting groups (Generis). He and Tammy, his wife of 30 years, have 2 grown sons in Calgary and Chicago. Follow him: @markmac1023
Gloria Umana is the founder and executive director of the Ex-Nihilo Collective and an internationally known and sought after communicator and spoken word artist based out of Atlanta, Georgia! In 2016 Gloria turned down a dream opportunity of working with the Federal Bureau of Investigations and instead surrendered to the calling of God upon her life, which led to a life of purpose. Gloria has worked alongside and has spoken on various platforms such as, Liberty University Convocation, Life Way, Ravi Zacharias Ministries, Passion City Church, Fresh Life Church, and more.
While Gloria started as a spoken word artist only a little less than three years ago, her ministry has quickly evolved as she has been given opportunities to teach on a multitude of platforms all over the globe. Gloria Umanah is not JUST a spoken word artist or a communicator. She is a daughter, co-creating with The Creator, passionate about seeing a people walk into the calling of holiness — a generation who doesn’t see holiness as legalism, but as a standard and calling.
Jacob Boyles is a prolific graphic designer who has worked with reputable brands including Bloomingdales, Chick-Fil-A, Ralph Lauren, Calvin Klein and countless others. Currently, he is Elevation Worship Graphic Designer at Elevation Church in Charlotte, NC. He brings a fresh perspective to the graphic design space and is pushing the envelope for the global church through his creative eye and innovative approach.
Adrian Varner is the audio lead for SALT Conferences, having lead our main sessions audio team for the past 6 years! Through his leadership, he has pushed the envelope for the church through sonic atmosphere’s, while also leading and shepherding from the shadows. In his day job, Adrian is a system design engineer for Diversified Audio. He and his wife are based in Atlanta, GA and love serving the local church and helping equip them to reach their local communities with quality environments and engaging atmospheres.
Jason Morris serves Westside as our Global Innovation Pastor, overseeing the church online, global church planting, and bringing new ideas and creativity to expand God’s Kingdom for Westside. Jason is experienced as a missionary to Paraguay, South America for almost 9 years where he helped churches grow healthy with new ideas. He received his B.A. in Missions and M.A. in Biblical Exposition from Pensacola Christian College in Pensacola, Florida.
He and his wife Maria have been married since 1993 and have 2 amazing kids: Isaac and Brianna. Jason loves new tech gadgets, sci-fi, yerba mate, and speaking spanish.
Josh serves as L-Acoustics’ primary frontline contact for House of Worship clients. From 2005 to 2016, he worked as a freelance audio engineer and production manager for Christ In Youth. In his career, Josh has been a FOH and monitor engineer, production manager, and tour manager for a wide variety of clients, including some of the nation’s largest churches and congregations. He mixed FOH for the first L-ISA Immersive system deployment at SALT 2019. Last year Josh also designed, commissioned and trained on the world’s first L-ISA install in a HOW environment. Josh’s background and expertise allow him to provide the best care and dedicated solutions for churches everywhere.
Suzette Allen has been a portrait photographer for 35 years, and teaching Photography/Photoshop for 20 years. Her passion for creativity and people has served her well, as she encourages and inspires photographers to go after their visions and creativity! Suzette is also a Global Ambassador for Panasonic Lumix Cameras and Adobe Influencer. She is a Photographic Craftsman and Certified Professional Photographer, as well as an Approved Photographic Instructor with Professional Photographers of America. She has served her industry in education, as a school director (West Coast School of Photography) and also served on the Board of Directors of both West Coast School and California Photographic Workshops. Now as an instructor, she has had the immense honor of teaching at over a dozen of the Affiliated Photographic Schools across the country!
Dr. Jerome is a functional neurologist and founder of Thrive Neuro Health in Atlanta, GA. He is also a diplomate of the American Board of Chiropractic Neurology, a Fellow of the American Board of Brain Injury and Rehabilitation, a Fellow of the American Board of Childhood Development Disorders, and the former Executive Director & Atlanta Clinic Director for Cerebrum Health Centers. Above and beyond he is a disciple of Jesus Christ and believes that neuroplasticity with biblical teaching can teach us a lot about mental health, our purpose and connect the dots between many unanswered questions!
Dex Alexander is the founder and Creative Director of Legible Strategy and Creative, a branding and communications firm in Southern California. Legible ensures churches, non-profits and civic groups communicate with clarity so they can best serve the community they are so vital to. To date, they have helped dozens of organizations, large and small, engage and influence the world around them.
Kierre is a renowned worship leader, Kennedy Center performer, off-broadway cast member and passionate about seeing walls and barriers torn down that separate the body of Christ. He has toured with artists like Tasha Cobbs, Vashawn Mitchell and more. He joined United Pursuit and is part of the collective, Common Hymnal. He has served on staff at Daystar Church as the Next Generation Worship Director since 2013. Kierre is married to Marika Lindsay and together they are missionaries who travel domestically and internationally to serve and spread the message of Jesus Christ to all who will listen.
Bio coming soon.
Jacob Padgett is the Set and Lighting Designer at Long Hollow Baptist Church in Hendersonville, Tennessee. He joined the creative team in their main Hendersonville campus to oversee the work of design and build future sets for Sunday services, maintain lighting equipment, consoles and volunteer training at the various campuses of Long Hollow and provide support of the visual lighting atmospheres for weekly services.
Brad Weston is founder and president of Renewed Vision, makers of ProPresenter, ProVideoPlayer, and ProVideoServer. He has been a volunteer video director for North Point Community Church for 15 years and has worked with productions worldwide both in consulting, as well as in live production.
Nathan Williams serves as the Technical Director at Victory World Church in Atlanta, GA. Having been on staff for over 10 years, he has had a front-row seat as the church has grown to over 10,000 weekly attendees across multiple campuses, representing more than 110 nationalities, making it one of the largest multicultural congregations in the United States. He overseas sound, lighting, stage design and live video production as he leads a team of engineers and volunteers of over 300 every week. Nathan and his wife Ashley recently celebrated 10 years of marriage and are proud parents of four children.
Ezra Cohen is a filmmaker and creative director specializing in creating unique visual environments in films, commercials, and live concert environments. He has created unique visual textures and experiences for commercial brands like Musicbed, Express, Adidas and Sony as well as music artists including Hillsong Young & Free, Justin Bieber, Tha Chainsmokers, Kari Jobe, Cody Carnes, Hillsong United and more. Recently, he’s been featured as a teacher and online course instructor by some of the most renown publications in the world, including Forbes and more.
Joey currently serves at Christ’s Church, Mason OH. He is the Online Pastor and also oversees Worship & Arts, Communications and Production teams. Growing up in Brazil as a preacher’s kid, he has a keen eye for multi-generational ministry, as well as the ability to see innovation and change as a society and culture shift. He’s an ordained minister and has been serving in various capacities in America since 2002. He regularly blogs and contributes to the conversation of online church at joeysantos.blog.
Alex Fuller is a seasoned lighting professional who is passionate about using the technical arts as an extension of worship. He started sweeping floors as a kid in a local production house, and completed his first coast to coast tour of the US by age 20. He has over 15 years experience as the lighting and scenic designer for several churches, touring events, and conferences including Bethel, Saddleback Church, Jesus Culture, Hillsong United and more. His experience in the Christian market affords him a unique understanding of the challenges that many production teams face. His goal is to partner with you as you define your vision, overcome obstacles, and create the environment that you desire.
Phil Bowdle got his start in creative ministry back in 2004. Today, Bowdle is the author of “Rethink Communication: A Playbook to Clarify and Communicate Everything in Your Church” and works as the Creative Arts pastor at West Ridge Church in Northwest Atlanta. On a day-to-day basis, Bowdle leads teams who work in communication, media, worship, and production. He also speaks, blogs, and offers coaching about communication, leadership, and the creative church.
Will Doggett is an Ableton Live Certified Trainer and the Founder of From Studio to Stage, an online resource dedicated to teaching people how to learn to perform with Ableton Live on stage. He’s passionate about making complex things simple and has been teaching others to use Ableton Live as a tool for Leading Worship since 2008. He has served the church in many roles as Worship Leader, Music Director, Creative Director, and Production Director.
Justin Firesheets has been the Production Director at Church of the Highlands in Birmingham, Ala., since Feb. 2009 after having spent the previous six years working in the sports broadcasting industry. He is responsible for the management of the production systems, volunteer teams, and equipment at all 23 campuses of Highlands, which has grown to become one of the largest churches in the United States.
Stephen Brewster has more than 15 years in professional creative environments including music marketing and management, artist development, creative team leading and art directing. Currently a leadership and creative coach in Nashville, Tennessee, Stephen previously led the creative team in dreaming, creating and executing experiences, communications, music and more for all areas of ministry at Freedom House Church in Charlotte,N.C.; Life Church in Orlando, Florida and Cross Point Church in Nashville. He loves to spend time with his wife, Jackie, and their four children.
Katie Allred runs ChurchCommunications.com, where she has helped over 23,000 people who work in churches with their marketing and communication strategies. Katie is also an assistant professor of marketing and software development at the University of Mobile. Katie is also a Certified StoryBrand Guide and would love to help your church or business communicate more clearly
Kenny Jahng is the founder and CEO of Big Click Syndicate, a strategic communications agency that works with nonprofit and Christian ministries. The Company’s clients includes American Bible Society, Princeton Theological Seminary, Redeemer Presbyterian Church, and The United Methodist Church. He also co-leads the Church Communications Facebook Group community with 22,000+ communicators. Kenny runs ChurchButler.com, a daily social media content service. He is also StoryBrand Certified. Connect with him at KennyJahng.com or follow his #DailyKJTV vlog on LinkedIn
Grant Norsworthy is not another singer who talks too much. He’s a speaker who sings songs.
An Aussie who was based in Nashville from 2002 to 2018, Grant Norsworthy achieved considerable success as a professional musician including a Grammy® nomination, a Dove Award, extensive touring, recording and radio hits with bands like Paul Colman Trio and Sonicflood. Now conducting global ministry work from his Nelson, New Zealand home base, Grant uses his musicianship, freewheeling wit and uncommon candor to encourage audiences to deeper faith in Christ and good works. As the founder, content developer and principal instructor for More Than Music Mentor, he provides high quality online and onsite training for the heart and the art of worshiping musicians everywhere.
At 13 years old, David began his journey in church production when he found out that he could skip the main church service to serve in the youth group AV booth. Fast forward a *few* years, and David has worked as a professional lighting designer and teacher in the church, corporate, and live music worlds. Today, David runs LearnStageLighting.com, teaching lighting to beginner and intermediate-level lighting enthusiasts, and is a volunteer tech director at a medium-sized church in Nashville, TN.
Shannon is a writer, speaker, and Associate Executive Pastor at Church of the City in Franklin, Tennessee. She has also been a pastor to women and children and sits on the Executive Leadership Team of the church. She’s been in ministry for over 25 years and has experience in many facets of church leadership, from leading high performing teams, to volunteer recruitment and engagement, service programming, communication, and production. A trusted voice on a wide range of topics, Shannon is grateful to spend time writing for ministry and leadership blogs, training leaders, and speaking at conferences and churches. Over her tenure of ministry, she’s had the honor to work with North Point Community Church, Passion Conferences, Rethink group and more. Shannon and her husband Jeffrey have been married since 1999 and have three teenage children, Maggie (18), Jack (15), and Ali (14) and two dogs, Nash and Loretta.
Nathan is a gifted speaker with 20 years experience in pastoral leadership including lead pastoring, urban church planting, international missions and worship/creative ministries. Demonstrating great aptitude in counseling, discipleship and spiritual formation with a concentration in the development of christian leaders. Prior to being a pastor, Nathan spent many years as a song-writer and signed artist to the Integrity Music label where he has credits for Don Moen, Glenn Packiam and more. Most recently, Nathan and his wife Tricia have started fundraising for their newest call in ministry, Refreshing the Refreshers, a ministry seeking to serve those on the edge of burnout in ministry under as a partner of LifeImpact Ministries.
Gary Molander is an Author, Pastor, Filmmaker and Artist who has served the church and the greater creative community for over a decade! Gary served as a pastor for seventeen years, and has a Masters Degree in Creative Arts. He is also the author of, Pursuing Christ. Creating Art., a powerful book on creativity and the church. He is also the co-owner of Floodgate Creative, and has worked with Pro Athletes Outreach, Credera Inc., and Chick Fil-A to help promote their stories and events, using video and film.
Gary has been a part of SALT Conferences since the first gathering in 2013, and regularly shepherds the creative leaders and technical teams that are a part of the SALT Community. He and his wife Angela live in Nashville, Tennessee.
Known by most as “Dr J”, he holds degrees in Interpersonal Communication and Literature from Wheaton College; Counseling Psychology from Auburn University; Higher Education Leadership & Policy from the University of Tennessee; and has additional education in leadership & organizational change from Harvard University.
Most recently, Dr. J has been a consultant working with current and future leaders through his leadership coaching, being a faculty member of Vanderbilt University and as an author of his recent book, Fired Up: Kindling and Keeping The Spark in Creative Teams.
Nikki spent over 20 years leading and building a successful multicultural creative department of over 150 people in an organization of 4000+ through her ministry in Baltimore, MD. With a degree in Vocal Performance and Pedagogy, she is a brilliant vocalist and worship leader with over 20 years of songwriting, worship and music experience. Currently, she serves as a coach and consultant to churches across the world helping them go from mono-cultural to multi-cultural with their organizations.
Brady Shearer is the CEO and Founder of Pro Church Tools. Brady’s work centers upon helping churches seize the 167 hours beyond their Sunday services and navigating their ministries through the single biggest communication shift we’ve seen in the last 500 years. Through his leadership at Pro Church Tools, they’ve launched countless incredible resources for the local church including Nucelus, RebelGive, StoryTape and more.
He regularly posts on the Pro Church Tool’s with Brady Shearer YouTube channel which has over 83,000 subscribers and currently resides in Ontario, Canada.
Samer Massad is one of the dynamic communicators at Woodstock City Church in Woodstock, GA. Woodstock City Church is one of the campuses of North Point Community Church under the leadership and direction of Andy Stanley. Samer received his Masters in Theology from Dallas Theological Seminary prior to moving to Georgia. He has had the opportunity to speak to leaders, students and audiences around the nation by being a top-hailed speaker at Orange Conference, Youth Specialties, North Point Church and more.
Luke McElroy is the founder and visionary of SALT Conferences. Author of four books including most recently released Creative Potential: Principles for Unleashing Your God-Given Calling, Luke was hailed as one of the “top innovators for worship” by Worship Leader Magazine. Luke’s leadership has helped create powerful live environments for thousands around the world.
He and his wife Tricia are proud to call Nashville, Tennessee home.
Joseph grew up in Akron, OH, and eventually made his way to Atlanta, GA as a hip-hop artist. There he connected with the team from North Point Community Church and Big Stuf Camps where he served as creative director, communicator and emcee of Catalyst Conference for many years. As the founder of Two Cents Creative, he and his team use art, media, film and interactive experiences to share story in a way that captivates audiences attention, while communicating in a compelling manner.
He has had the opportunity to shape moments and create content for Passion Conferences, Chick-Fil-A Leadership Seminars, NBC’s Your Move with Andy Stanley, Elevation Church, SALT Conferences, Big Stuf Camps and many more! Currently, Joseph is serving as a Shephard of creative filmmakers in Fayetteville, GA with Pinewood Studios.
Glenn Packiam is the associate senior pastor at New Life Church in Colorado Springs, Colorado. He is also the author of 5 books including his most recent: Blessed Broken Given: How Your Story Becomes Sacred in the Hands of Jesus. Glenn earned a Doctorate in Theology and Ministry from Durham University in the UK and is an ordained priest with the Anglican Church of North America (ACNA).
Prior to becoming a pastor, Glenn was one of the founding leaders and songwriters of the Desperation Band. As a signed songwriter, he has had the honor of writing and co-writing over 65 worship songs, including several well-loved songs, like “Your Name” and “My Savior Lives.” Glenn has been a SALT keynote speaker many times and currently lives with his wife, Holly, and their four children in the shadow of the mighty Rocky Mountains.
Andy Mineo is a New York City-based hip hop recording artist signed to Reach Records. His album, Uncomfortable, became the No. 1 independent record in the country and delivered a No. 3 and No.10 position on Billboard’s Hip Hop and Top 200 album charts, respectively. He has appeared on Sirius XM’s Sway In The Morning, MTV, and his colossal hit “You Can’t Stop Me” won an ESPN Whammy Award for MLB’s Top Walk Up Song.
Andy Mineo carries his music beyond through scripting, producing and directing many of his own music videos. He also is the founder of the podcast “work in progress” and most recently collaborated with rapper Wordsplayed for the release of their mixtape, Andy Mineo and Wordsplayed present Magic & Bird.
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Garlic Fries at the Gilroy Garlic Festival in Gilroy, Calif. on Sunday, July 24, 2004. (AP Photo/Marcio Jose Sanchez)
Garlic Fries at the Gilroy Garlic Festival in Gilroy, Calif. on Sunday, July 24, 2004. (AP Photo/Marcio Jose Sanchez)
Bay Area
Shooting not the reason for canceling Gilroy Garlic Festival, says mayor
by: Alex Baker
Posted: Apr 28, 2022 / 05:02 PM PDT
Updated: Apr 28, 2022 / 05:36 PM PDT
Garlic Fries at the Gilroy Garlic Festival in Gilroy, Calif. on Sunday, July 24, 2004. (AP Photo/Marcio Jose Sanchez)
Garlic Fries at the Gilroy Garlic Festival in Gilroy, Calif. on Sunday, July 24, 2004. (AP Photo/Marcio Jose Sanchez)
by: Alex Baker
Posted: Apr 28, 2022 / 05:02 PM PDT
Updated: Apr 28, 2022 / 05:36 PM PDT
(KRON) — The mayor of Gilroy said the 2019 Gilroy Garlic Festival shooting isn’t the reason why the festival was canceled indefinitely earlier this month. In a statement attained by KRON4, Gilroy Mayor Marie Patane Blankley cited a pre-existing financial crisis and dwindling cash reserves impacting the association behind the festival as the reasons for its demise.
“It is not that tragedy that caused the demise of a 40+ year festival that generated over $12 million for our local nonprofits,” said Mayor Blankley. “Rather, it was the pre-existing financial crisis and spending down of reserves that left a once robust association unable to pay insurance premiums for which no one otherwise would be questioning.”
The mayor’s statement is the latest volley in a back-and-worth between the City of Gilroy and the festival’s organizers, the Gilroy Garlic Festival Association. Last week, when word emerged that the festival had been canceled indefinitely, the association seemed to lay the blame squarely at the feet of the city.
“Due to lingering uncertainties from the pandemic, along with prohibitive insurance requirements by the City of Gilroy, the Gilroy Garlic Festival Board has decided not to move ahead with a traditional festival for 2022 — and perhaps for the foreseeable future,” said the association in a statement to KRON4.
“It is not that tragedy that caused the demise of a 40+ year festival.”
The renowned festival has been part of Gilroy’s cultural heritage since the 1970s. Thousands of people have traveled for decades to experience the festival and sample various dishes featuring garlic, often cooked by famous chefs. Over the years, the event has raised millions for local charities.
However, the name of the festival was darkened by tragedy in 2019 when a mass shooting took place at the festival. Three people were killed and 17 others were injured. It was canceled in 2020 due to the pandemic and last year it was held as a drive-thru event.
The festival board says it hopes to bring the festival back in some capacity, but not this year. Organizers insist it’s the city’s prohibitive insurance costs that are the reason for the festival being canceled.
“The City of Gilroy does require a minimum general liability coverage level of $1 Million for any events occurring in city parks, on city streets, on city sidewalks, in city parking lots, in city buildings, or taking place in any city facility. But they are requiring much more from the Gilroy Garlic Festival Association. And for the record, GGFA does have insurance coverage of 1 Million,” organizers told KRON4.
Gilroy’s mayor disputes these claims and suggests that for the festival to survive into the future, it may need to be held on private, rather than city property.
“It is true that the Garlic Festival Association has been trying feverishly to find solutions they can afford to continuing the festival, but given what they can afford today, private property may be the only solution for the time being,” said Mayor Blankley.
One area where both parties are in agreement is that the festival is an important part of Gilroy’s heritage. Rather the cities and the association will ever be able to come to terms that will see the festival revised remains to be seen.
Copyright 2022 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
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Voters in Clackamas County, Ore., cast ballots just a few hours before the 8 p.m. deadline at the elections offices in Oregon City, Oregon on Tuesday, Nov. 8,…
Voters in Clackamas County, Ore., cast ballots just a few hours before the 8 p.m. deadline at the elections offices in Oregon City, Oregon on Tuesday, Nov. 8, 2022. A large part of the county is in Oregon’s newly redrawn 5th Congressional District, where Republican Lori Chavez-DeRemer and Democrat Jamie McLeod-Skinner are in a neck-and-neck race for an open seat that’s been targeted by the GOP. Voters there said gas prices and inflation were their top concerns. (AP Photo/Gillian Flaccus)
2 US House seats in Oregon still unresolved in tight races
by: GILLIAN FLACCUS, Associated Press
Posted: Nov 11, 2022 / 02:34 PM EST
Updated: Nov 11, 2022 / 02:39 PM EST
Voters in Clackamas County, Ore., cast ballots just a few hours before the 8 p.m. deadline at the elections offices in Oregon City, Oregon on Tuesday, Nov. 8,…
Voters in Clackamas County, Ore., cast ballots just a few hours before the 8 p.m. deadline at the elections offices in Oregon City, Oregon on Tuesday, Nov. 8, 2022. A large part of the county is in Oregon’s newly redrawn 5th Congressional District, where Republican Lori Chavez-DeRemer and Democrat Jamie McLeod-Skinner are in a neck-and-neck race for an open seat that’s been targeted by the GOP. Voters there said gas prices and inflation were their top concerns. (AP Photo/Gillian Flaccus)
by: GILLIAN FLACCUS, Associated Press
Posted: Nov 11, 2022 / 02:34 PM EST
Updated: Nov 11, 2022 / 02:39 PM EST
PORTLAND, Ore. (AP) — The races for two US House seats in Oregon remained unresolved Friday heading into the weekend, with tens of thousands of ballots left to be counted in the vote-by-mail state.
In Oregon’s 5th Congressional District, Republican Lori Chavez-DeRemer had a thin lead over Democrat Jamie McLeod-Skinner for the seat. In the 6th Congressional District, Democrat Andrew Salinas was slightly ahead of Republican Mike Erickson, a businessman who is running for the third time.
A new law in Oregon allows votes to be counted as long as they are postmarked by Election Day, meaning that some ballots have just arrived at election offices and many county offices were closed Friday for Veteran’s Day.
Clackamas County, a vast county south of Portland that stretches from the suburbs to the rural flanks of Mount Hood, is key in both contests. Elections officials there said late Thursday that as many as 65,000 late-arriving ballots were left to be counted and staff would work through the weekend.
Salinas, a state representative, and Chavez DeRemer, former mayor the Portland suburb Happy Valley, are both seeking to be Oregon’s first Latina congresswoman.
A population boom made Oregon one of just six states to gain a House seat following the 2020 census. The state’s population jumped by more than 10% in the past decade to more than 4.2 million people, giving it a new congressional district — the 6th District — for the first time in 40 years.
The 5th District seat was left open when McLeod-Skinner, a progressive Democrat, beat seven-term incumbent and moderate Democrat Kurt Schrader in the primary. The defeat made Schrader the first incumbent Democratic congressman to lose his seat this year.
Republicans targeted the seat, which was largely redrawn following the 2020 census to include parts of central Oregon, in a hard-fought campaign. Democrats controlled four of the state’s previous five U.S. House seats, including in the 5th District.
Copyright 2022 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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Social distancing has many of us doing laps around the refrigerator! Yet, especially for women, it’s important to stay active as we get older. After menopause, a woman’s risk for significant health events, such as heart attack and stroke, is equal to the risk in men. Regular physical activity can help keep you healthy and strong, and offers many benefits for older women:
Preventing muscle and bone loss
Maintaining balance and reducing the risk of falls
Reducing the joint swelling and pain of arthritis
Reducing symptoms of anxiety and depression
Helping you enjoy life more because you feel good
Helping you stay independent longer
What is the right amount of exercise?
Experts recommend that each week, women should get at least two and a half hours of appropriate aerobic physical activity—that’s equal to about 30 minutes a day. Even in these days of social distancing, there are several easy ways to safely get your heart rate up, while having fun:
Go walking: If you can, lace up your sneakers and head outdoors. These days we need to stay at a distance from others, so choose a location that is not crowded, and wear a mask if advised.
Ride a bike: It’s another low-impact form of exercise. Again, these days we should avoid crowded areas.
(Low impact) Aerobics: Check out a virtual exercise class online to dance away stress and raise your heart rate without taxing your body.
Strength-building activities
With all the attention aerobic exercise gets, it’s important to know that for overall health, strength training is equally important. Muscle-strengthening activities make a significant, positive difference to both balance bone density if practiced at least two days each week. At home, you can lift small weights or use exercise bands.
Being physically fit can help you live a healthier—and longer—life. At the Alden Network, our residential communities offer fitness programs to keep you active and enjoy life for years to come. If you have questions on how to stay active, contact us. We’re here to help you improve your health for a lifetime.
The information in this article is not intended to replace the advice of your healthcare provider. Talk to your doctor before you begin or significantly change your exercise program.
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ODT insulation is a local insulation company serving the city of San Miguel and the neighboring cities.
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It is made of plastic reinforced by tiny glass fibers.
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It can be used in both existing homes and new construction.
It can be blown as loose-fill insulation in attic cavities, dense packed into walls and floors, or wet spray for new construction that helps increase heat retention and has the potential to dampen noise levels
It is an insulation and air barrier material that seals walls, floors, and ceiling cavities against air movement.
This includes spaces around electrical outlets and light fixtures, and also where walls meet windows and doors.
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Great company. I would highly recommend this company. I spoke with John and texted both John and another gentleman who sent me messages and kept me informed with updates and photos of the progress. I am very happy that my home is much more relaxed in these hot summer months. He also explained why I should go with fiberglass instead of cellulose insulation. They were very prompt with all aspects of the transaction. Thank You ODT insulation contractor
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Found this company off of a Google search and was pleasantly surprised. The gentleman (tall and skinny) who came for the consultation was on time, courteous by cleaning up after himself, and was honest by telling us that our problem wasn’t necessarily insulation and gave us options to try and fix the problem. The world would be a better place with companies like this. You guys really rock and I would definitely recommend it to others that really need your service.
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Dave’s Friday update is here, and it’s this lovely panoramic view of the new bunk room. While we’ve previously glanced different sections of it in the trailer and teasers, this pictures provides an opportunity for some close examination of the highly detailed set for those that didn’t attend the recordings. For those of us that did it’s equally exciting of course, providing a great chance to look closely for things that we might have missed before.
Loveliness aside, what you are no doubt after from us is a breakdown of some of the more interesting elements:
Overall, you’ll notice a similarity in design of the back wall with the bunk room from Back to Earth. While that room was smooth and polished however, this room is much grungier with more detail that culminates in a design that is more industrial in nature. It has previously been suggested that while the specials showed what might have been officer’s quarters, this series represents the lower depths of the ship and the living quarters of the miners. It’s an idea that we quite like, and this set definitely goes a long way to support it.
It’s wonderful to see that the photographs and cuttings are once again present, just as they were for Back to Earth. Along with the like of the usual photos of Kochanski and the ‘Arnie does it best’ cutting, it’s interesting to see the new addition of the miniature t-shirt on the wall of Lister’s bunk carrying the design for the London Jets seen in Series I.
By going for a far simpler affair than Back to Earth with a traditional keyboard and multiple data filled monitors, the design certainly feels more like Dwarf pre-VII and closer to the grimier Red Dwarf that so many fans loved.
We are a world away from the button heavy design in Back to Earth, and back to a much more basic affair that is in keeping with the overall design of the set. Note also that the chairs, while connected to the base here, are detachable, allowing for a budget saving exercise in swapping the furniture from one set to another.
The cooking area
Something we haven’t seen in a bunk room for some time now, but with obvious links back to Series III. It’s a nice thought that Lister’s slob like nature is being represented less through a penchant for curry, and more though his bringing everything into the bunk room to save him having to make any effort to go anywhere other than the sleeping quarters and the drive room. This brings us onto…
We were a little unsure of this when we first saw it at the recordings, but it’s something that grew on us over time. The design might be slightly at odds with the rest of the set, but the idea that Lister took it from elsewhere on the ship (say a diner or an arcade) is an appealing one.
The games console
While the idea of a gamer being a slob is something of a cliché these days, having Lister willing away his hours gaming rather than working or hunting for his girlfriend is an appealing one, harking back to the Lister of I-III who would kill time with films and videos.
The guitar
A musician’s gripe here, but I’m delighted to see that Lister’s guitar is no longer the cheap Encore Strat from Back to Earth, but rather a Les Paul design that’s in keeping with his previous guitars.
Smashing.
red dwarf x
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Only now, more than half a century after the publication of his theoretical book (Hayek, 1952), is the reaction to Hayek’s argument beginning to be heard. And it’s a positive reaction, now supported by facts. He used to say that without a theory the facts are silent. Now, belatedly reacting to his book, we can confidently say that modern facts speak eloquently for his theory. In order to understand how modern facts meet Hayek, it is necessary to understand where his thinking came from and where cognitive neuroscience has been going in the past 50 years. Only in this manner can we fully appreciate the happy convergence of two trends of cognitive neuroscience that for most of the 20th century have developed far apart from each other. One is the ‘‘modular’’ trend (one cerebral module for each cognitive function), the other the ‘‘distributed’’ or reticular trend (brain networks of distributed knowledge participating in all the cognitive functions that adapt the individual to his environment). In his The Sensory Order, Hayek was the first to theoretically adopt the latter trend, which has lately developed greatly. Yet, astonishingly, to this day, most of the main actors in the field of cognitive neuroscience don’t even know of Hayek. In my opinion, the chief reason for this lingering neglect of his ideas is the language he used in his book. For example, he used terms that are unusual in physiological psychology, such as ‘‘following’’ and ‘‘map,’’ to characterize what in modern translation corresponds to synaptic association and neural network, respectively. Three powerful intellectual currents shaped Hayek’s psychology: Vienna’s logical positivism, Gestalt psychology, and psychophysics. Curiously, he tried to disown all three, yet ended up modifying them and incorporating them in his thinking.Afourth current, the dynamic systems theory of Von Bertalanffy (1950), came natural to him to theorize about the brain after having accepted the relational code of Gestalt (Koffka, 1935). After all, Hayek had been applying general complex systems theory to economics. With his application of that theory to psychology came the acceptance of a cortical dynamics in which the whole is more than the sum of the parts and irreducible to them: a cortical dynamics in which relationships were established by cell connections. Yet, in his time, little was known about the connectivity or physiology of the brain to support the relational anatomical code or the dynamics of the perceptual system that he devised. Now we know much more about them. Like the positivists of the ‘‘Vienna Circle,’’ Hayek advocated the use of the scientific method devoid of metaphysics as the only valid approach to human knowledge. In dealing with perception, however, he rejected the purely empiricist tenets of the positivists (like his friend Karl Popper, another quasi-renegade among them). According to Hayek, no perception was reducible to raw sensation. The concept of the brain as tabula rasa or passive recipient of sensations was to him unacceptable. The ‘‘elementary sensations’’ (e.g., a pure color) proposed by Ernst Mach (1885), the famous psychophysicist, were literally meaningless as a foundation for perception. Even the simplest of sensations is based on prior experience, either by the self or by the species – thus, in the latter case, inherited.
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This is one amazing herdsire! We have lots of cria on the ground and we are not disappointed! If you want to add outstanding fiber characteristics to your breeding program, Check out SHAZAAM. His fiber is beyond special At 5 years of age Shazaam boasts a 5.5 inch staple length while maintaining his amazing crimp (including his top knot and belly). At age 6 is maintaining his staple length with a micron of 23.3. He is taking first place in fiber spin off in 2009. Big boned with a ...
This is one amazing herdsire! We have lots of cria on the ground and we are not disappointed! If you want to add outstanding fiber characteristics to your breeding program, Check out SHAZAAM. His fiber is beyond special At 5 years of age Shazaam boasts a 5.5 inch staple length while maintaining his amazing crimp (including his top knot and belly). At age 6 is maintaining his staple length with a micron of 23.3. He is taking first place in fiber spin off in 2009. Big boned with a compact build, Shazaam brings excellent conformation traits to the breeding. Add a pleasant personality to the mix and the results will be excellent conformation, outstanding fiber characteristics, and great temperaments in your cria crop. The proof is in his progeny who are hitting the show rings and bringing in blues, purples and reds. Are genetics important to you? Shazaam's sire is Royal Peruvian Apollo (#800165) a 9-time undefeated color champion son of the one and only Royal Fawn. His dam is 6Peruvian Arista (#812052). Nicknamed The Fiber Machine by Anthony Stachowski, Arista consistently shearing 9lbs per year while pregnant...WOW!! Want color? For you color buffs, Shazaam covers black and has just sired a medium grey tuxedo female. He also has sired a beautiful brown cria and a black and another grey. We expect many more from him in the future. Solid conformation, excellent crimp and coverage, pleasant personality, great genetics, color, and ribbon winning offspring all in one package... Amazing!
"Apple is a very nice girl. Her mother Autumn Candi was one of our top foundation females who produced several outstanding cria. Apple is one of those cria. Apple has given us a wonderful female cria whom we named "Cotton" She is very full and very soft. Apples Sire was a full Bolivian stud named Tommy Bahama from AOA. He was a wonderful sire but passed just as his breeding career got started. Apples maternal heritage is Guellermo G4546 grandsire and the infamous Chocco of ALOA. She ...
"Apple is a very nice girl. Her mother Autumn Candi was one of our top foundation females who produced several outstanding cria. Apple is one of those cria. Apple has given us a wonderful female cria whom we named "Cotton" She is very full and very soft. Apples Sire was a full Bolivian stud named Tommy Bahama from AOA. He was a wonderful sire but passed just as his breeding career got started. Apples maternal heritage is Guellermo G4546 grandsire and the infamous Chocco of ALOA. She is an easy breeder, easy birther, good mom with lots of milk for her cria. This would be a good addition to a breeding herd.
Ask a question
Nice genetic in this girl. Bright white fiber. 2015 shearing stats 24.4CV, 5.1sd, 20.9cv Not bad for age 5. We have her progeny on the ranch that will further our genetics here. We can't keep them all so we are offering this wonder girl at a great price. Call now to make her yours.
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The Illustrated Empathy Gap | challenging public incredulity on the disadvantages faced by men and boys
challenging public incredulity on the disadvantages faced by men and boys
Introduction to the Disadvantages faced by Men and Boys
A very brief bullet point list of men and boys’ issues follows. For a slight amplification of what these issues entail – but still in brief – read the Introduction to the Disadvantages faced by Men and Boys.
Educational disadvantage of boys, from aged 5 to university.
Lack of recognition of, or assistance for, male victims of partner abuse.
Substantially less research funding on men-only diseases compared with women-only diseases.
Averaged over the last five years, the male suicide rate in England was 3.3 times that of females (in Wales, 4.3 times), suicide being the commonest cause of death in males under 45.
Men have virtually no paternity rights.
Paternity fraud is rife, is extremely damaging to men and children, but society regards it as just fine.
Fathers are greatly disadvantaged in child contact arrangements after partner separation.
False allegations are commonly used as a tactic against men in the family courts.
At any point in time, one in four fathers do not live with their children (under 16), most often against their wishes.
Only about 50% of fathers will live with their dependent children continuously to their 16th birthday.
The bar is being ever lowered on what is regarded as sexual assault by males on females, whilst the penalties are becoming more severe. The result is that women have the power to destroy a man for minor offences or issues of perception.
In contrast, sexual assault of males (of all ages) by females remains largely unrecognised by society and the criminal justice system alike.
Grossly inequitable treatment of men and women in the criminal justice system. Three out of every four men in prison would not be there if they were treated like women.
Whilst we hear a great deal about the “pay gap”, the power must surely reside with who spends the money. Women certainly spend at least as much money as men, whoever earns it.
For full time workers under 40 years old the gender pay-rate gap is negligible.
For part time workers the gender pay-rate gap is in favour of women (about 5%).
Men work 609 million hours per week at paid work compared to women’s 394 million hours. Men also work for more continuous years over life. Hence, men work more and are home less – this is contribution, not privilege.
We hear a great deal about men not pulling their weight as regards domestic and childcare chores, but studies show that totalling all work, men and women work about the same number of hours.
Men are 96% of workplace fatalities, and are far more likely to suffer injuries at work or to get work related diseases than women.
Women seek “equality” with men only in desirable occupations (consultants, professors, Board members, MPs, etc) not in the jobs that 99% of men do – the nasty, dirty, dangerous jobs that lead to the above fatalities.
Men (or boys) are more likely to be the victims of violence than women (or girls) – despite the constant exhortations that we should “end violence against women”.
Around 90% of homeless rough sleepers are men.
99% of war deaths and casualties are men.
Female genital mutilation is illegal and universally reviled. Male genital mutilation is regarded as perfectly acceptable and without disbenefit to the man (it isn’t). Half a million African boys killed or maimed in the last eight years by botched circumcisions goes unnoticed.
Female suffering is newsworthy, male suffering is not (e.g., Boko Haram – how many people know that their main activity is killing boys?).
There is a lack of action on under-representation of men in certain professions, contrasting with the huge focus on assisting women into areas where they are under-represented (e.g., STEM, though women now dominate in STEMM).
Male-only organisations have systematically been obliged to accept females, whilst the reverse is not true.
History is being systematically misrepresented as gendered oppression, rather than the oppression of the many, of both sexes, by the few, of both sexes. Both sexes had to fight for the vote; both sexes had to fight to be educated.
For a little more detail on these issues read the Introduction to the Disadvantages faced by Men and Boys.
120 thoughts on “Men and Boys’ Issues in Brief”
Ben Walker 20th November 2022 at 1:07 pm
I’ve got true story for you about a man wrongly accused and the lengths Northumbria Police have gone to in order to cover up their gender bias, it being exposed by later data requests. Would like to share it so it doesn’t happen to any other male.
Can you add me to the group so I can share this please.
William Collins Post author 20th November 2022 at 2:25 pm
I do not usually accept contributions from other authors. There are several organisations specific to false accusations who would be more appropriate (google it). Lamentably, even confining attention to men undergoing family court cases there are tens of thousands of false accusations per year in the UK alone. And tens of thousands more relating to sexual assault. Endeavours to expose this horror show go back at least to 1996 and the Cheltenham Group’s massive compendium of cases. What one discovers is that no one in authority cares one hoot. Good luck, though.
Malmesbury 10th October 2022 at 12:45 am
Good overview! I think it should mention housing discrimination somewhere, as it’s extremely well documented, there is clear evidence of causal unfair treatment, it’s huge in magnitude with serious consequences and nobody knows about it.
(And it affects ethnic minorities too, as per the usual pattern.)
William Collins Post author 10th October 2022 at 7:09 am
Thanks for the link. I address housing discrimination in my book, The Empathy Gap, in the UK context.
Norma Laming 7th July 2022 at 6:31 am
Rory Muir’s book Gentlemen of Uncertain Fortune is illuminating about the precarious life of men in Jane Austen’s time. Life was as precarious for men without wealth, which included younger sons of established families, as it was for women
Jo 19th May 2022 at 2:29 am
Please could you add citations?
William Collins Post author 19th May 2022 at 6:45 am
Steve Moxon 21st December 2021 at 7:55 pm
You get the prize for most insightful investigation of issues re the sexes in the way you calculate the 77% false rape report figure. This at last gets to grips with this most hard-to-get-a-handle-on issue, using actually official data, albeit some estimated. Very well done, sir. I had racked my brains how to do this when researching my book, The Woman Racket, and I was left with making an estimate based on the data for the different categories of non-progression of rape cases in the two special reports of rape by the Home Office. Conservatively 30% to 35%, I calculated, recognising this not only was well short of surveys of police rape investigators, but also short of the McDowell and Kanin work in the States. Your 77% fcalculation is very much in line with what police rape investigators worldwide estimate: 50% to 90%.
Rob 1st December 2021 at 11:52 am
Hi, I wondered if you would like tp promote this petition in some way?
It proposes a ban on circumcision of children for non-medical reasons:
Daniel Bryce 8th August 2021 at 5:41 pm
Please add a complete lack of empathy for victims of MGM (circumcision), invalidation, lying, and gaslighting around this issue (“Circumcision isn’t anything like FGM, don’t compare the two, FGM removes pleasure and is intended to control female sexuality, circumcision isn’t, circumcision doesn’t reduce pleasure or function, circumcision has medical benefits, FGM doesn’t, don’t call it MGM!, just a little snip, just a little piece of “extra skin”, babies don’t feel pain, and won’t remember it if they do, be glad it was done!!! )
Circumcision *IS* genital mutilation /amputation of the most important part of a man’s penis and has wide ranging negative effects on his mind and sexuality FOR LIFE! It absolutely is about control and punishment just for being male!!!!
William Collins Post author 8th August 2021 at 7:13 pm
I don’t need telling. I have written extensively on the topic, including two whole chapters in my book, as well as http://empathygap.uk/?p=519, and a thorough debunking of the medical claims: http://empathygap.uk/?p=1604 and http://empathygap.uk/?p=1655 and http://empathygap.uk/?p=1675
Richard Elliott 22nd May 2021 at 5:04 pm
I’ve just started to read The Empathy Gap and I’d like to thank you for writing it. The sense of relief that I feel that someone has gone to all the painstaking effort this work must have taken and yet managed to deliver measured facts without resorting to the angst and bitterness that makes many books within the MHRA cannon unpalatable is palpable. It is beautifully, concisely and thoughtfully written.
After a 20 yrs career in health social care, criminal justice and local government, and without even yet finishing the first chapter, I feel compelled to buy another 20 copies and send it to the head of every department and CEO of every NGO I have ever worked for – not the throwing pearls before swine ever did much good. I am also relieved that I now have a book that I can not only use for ready reference, but can highly recommend to anyone else interested in the phenomenon you so thoroughly analyse.
Thank you so much, and let’s hope your work plays a big part in curing the cancer of contemporary feminist thoery and the ensuing damage it does.
William Collins Post author 22nd May 2021 at 8:27 pm
Many thanks for your kind words, Richard – and good to hear from you again. Please don’t put yourself too much out of pockets buying copies of the book, though I much appreciate the sentiment.
Toby 16th April 2021 at 2:25 pm
FYI Some of your pdf and other links in earlier articles such are now broken. Eg:
These are still findable on archive.org though. Can you save pdfs on a stable site or link to archive.org?
William Collins Post author 16th April 2021 at 4:29 pm
Yes, I know. If there are specific ones you want let me know, I probably have them locally.
Rees Jones 12th March 2021 at 2:49 pm
I notice the deranged foaming at the mouth feminists have got their claws into the tragic and horrifying Sarah Everard case. Demanding men change every aspect of their behaviour and demanding societal change. Where are they when hundreds of men are dying on the streets from stab wounds?
Totally Baffled 25th October 2021 at 1:45 pm
Yes, there are actually many instances of Infanticide but none of it is ever discussed in main stream media. It’s always men.
Imagine a campaign to stop mothers killing their babies. It would never happen even though this happens more with birth mothers and/or new partners than birth fathers.
William Collins Post author 25th October 2021 at 2:02 pm
To be pedantic, infanticide is always committed by the mother, because it is defined as the homicide of a child under 1 by its mother. If a man killed a child under 1 it would not be infanticide. Strictly, infanticide is homicide, but I strongly suspect most infanticides do not find their way onto the homicide database. Infanticide is never prosecuted now – the very purpose of defining the offence of infanticide was, and is, to act as mitigation. Occasionally an initial charge of murder gets knocked down to infanticide. Perhaps about 1 or 2 cases per year. But, even on conviction, there is never a custodial sentence.
Steve Moxon 6th October 2020 at 11:48 am
I’m lobbying the Work & Pensions Select Committee and the Social Security Advisory Committee about clear serious sex discimintion in how benefits have been uprated as part of COVID-19 measures.
— I’m a Jobseekers’ Allowance recipient miself, and I only found out from the Chancellor’s speech yesterday that Universal Credit recipients have been given a £20 per week uplift since April, but JSA and other ‘legacy’ claimants have not, leaving me comparatively £500 out of pocket. See below why this is clear sex discrimination …
October 6, 2020
Re the DWP failure to uprate legacy benefits as for Universal Credit (COVID measures).
To aid your lobbying of the DWP on the question of unfairness in COVID benefits uprating, I here set out the sex discrimination angle.
As a Jobseekers’ Allowance (JSA) claimant (until I switched to UC yesterday after the Chancellor’s statement revealing the discrepancy in benefits uprating), I will be making a formal sex discrimination complaint to the DWP.
The rationale behind the COVID uprating of benefits is to address the situation of those in receipt of out-of-work benefits who are deemed ready for work and are required to actively seek and be available for work, yet are obstructed from acquiring work by the government’s own COVID-19 measures.
This supposedly applies to all those on Universal Credit, and hence the uprating of all UC recipients, despite many categories of UC claimants corresponding to legacy benefit claimant groups who are not required to have contact with the labour market.
Actually, the main focus of uprating should be on those legacy benefit claimant groups who ARE required to have contact with the labour market, and as a result are subsisting on rock-bottom payment levels to incentivise finding work (unlike those on other legacy benefits),
Particular targets for help surely must be those who are in the worst financial position of all: those on the legacy benefits of Jobseekers’ Allowance and the small sub-group of ESA recipients in the Work Related Activity Group (WRAG). These individuals are long-term benefits recipients and have been given no financial help above rock-bottom benefit payments of £74 per week.
It would not be costly to restrict extending uprating to these legacy claimants, as they make up but a small fraction of legacy benefit recipients.
There is clear and legal onus on the DWP to do this, given that not to do so is serious sex discrimination.
On the latest DWP figures I can find, JSA recipients are 62.6% male and only 37.4% female, contrasting with Universal Credit claimants, who, currently, are only 44% male and 56% female.
So TWICE as many JSA claimants are male, yet males are a minority of UC claimants.
Consequently, restricting uprating to UC and excluding JSA is clear, serious sex discrimination, which is unlawful.
A ‘gender’ breakdown of the WRAG group of ESA legacy claimants is apparently unavailable (at least to DWP sources available to the public), but given well-known sex differentials in susceptibility to health conditions and the general nature of legacy benefit groups, then if anything there will be a still greater disparity between the sexes in the male direction, with likely more than twice as many males as females in the WRAG category.
I will, therefore, politely call on the DWP to rectify the current sex-discriminatory position by uprating (and backdating the uprating) the payment levels to legacy benefit claimants, though specifically only to JSA and WRAG claimants — to match that afforded UC recipients. In this way, the principal unfairness of restricting uprating to Universal Credit is addressed at the very same time as keeping well down the additional cost of the measure — to a small fraction of the £20 billion that the DWP understandably pointed out would be unaffordable.
First, thanks to all involved. Someone has to be the innocent little child in the Emperor’s New Clothes scenario we inhabit.
Dom 9th September 2020 at 11:21 pm
How does this work ? does this message go straight on to the list of posts ? or does it go to William
William Collins Post author 10th September 2020 at 5:45 pm
It comes to me – comments are moderated. Though I stop extremely few and am particularly pleased to accept comments from feminists as I find they condemn themselves so very effectively. I only block the very occassional comment that is so intemperate that it might risk having the site closed down (there are those who would be delighted).
AJ 13th August 2020 at 11:41 am
Do you know when the detailed breakdown of A level results will be available?
I can forsee two major problems that could occur given that grades are being based on teachers predicted grades and intra pupil rankings adjusted by statistical models based on the schools historic performance.
The first is that the models will not include sex as a factor if this is not included then girls whose performance tends to be over estimated by teachers will get a major boost relative to boys who will be downgraded. This would be the clearest possible evidence of widespread systematic discrimination against boys.
The second issue that could occur is that the models do include sex and as a result girls marks and rankings are downgraded more than boys. Once this is observed there will be claims the process is sexist and for girls to be treated better which will then take us back to the first problem.
Clearly exams are the proper solution to this issue but given the decision to base grades on teachers predictions there will be severe issues.
On the BBC web site it says that 42% of grades in wales were downgraded from predictions and quoted Sarah, the head of a sixth-form in west London, who called radio station LBC to say she was “disgusted” after finding her entire A-level biology class had been downgraded by two grades and that on one medical course, nine pupils who were predicted a C have been downgraded to a U.
To me this suggets huge grade inflation by teachers and in teh cas eof Sarah and complete detachment from the reality of her schools performance compared to their assesments of performance.
There is going to be a lot of trouble ahead and I think the outcome will be a further disadvantaging of boys but also exceptional pupils in poorly performing schools. I would like to analyse the data or better see your analysis of it. There is a potential for enormous biases.
I have an interest in this as my typical shcool reports in all subjects but paticularily science and maths were exam result: 1 (top) class work : F (fail). Some teachers were paticularily obtuse or even vindictive I was even predicted to fail my maths O-level which may seem reasonable but I scored close to 100% on the mock exam answering every question rather than just thos erequired because of boredom. The following year got through a few rounds of the maths olympiad uniquely as far as I know in my comprehensive over many years and with no coaching. I used to do the maths homework for several other pupils who always got excellant marks but my own marks were always poor and I often received detentions from the (female) maths teacher. This was back in the 70s and it became irrelevant when I took my A levels and Cambridge entrance exam but all of these routes to bypass teacher bias are being denied.
I could go on about the clear bias against boys even in those years, being caned for writing a pro-euthenasia essay that made a female teacher cry, being punished for being a boy because a girl had been punished and thd teacher thought some boys had been misbehaving and therefore the boys should be punished as well. The thing was at the end of the day if I took an exam and passed it none of that mattered. That backstop or safeguard has now been removed.
William Collins Post author 13th August 2020 at 5:23 pm
Now posted. Note that I link to some older pieces about teacher bias which it sounds like you’d be interested in. It would be of interest to analyse the stats on some specific subjects.
M White 9th August 2020 at 2:05 pm
an interesting article
Young 24th June 2020 at 11:38 am
You wouldn’t happen by any chance to have read F. Roger Devlin’s work, Sexual Utopia in Power? It remains one of the most insightful works on clarifying the biological differences between the sexes and how radical change (back to normality) is required to even have significant birth rates.
Cody 8th December 2019 at 4:56 pm
Oh no! It sees us! Annnd now its crying…
Philip Griffiths 10th December 2019 at 1:27 pm
Are you Titania McGrath in disguise?
paul parmenter 7th February 2020 at 10:52 am
Thank you for a near-perfect example of the empathy gap in real life operation.
William Collins Post author 7th February 2020 at 4:40 pm
Yes, I thought the same thing. I get very few feminist comments on this site – no, I don’t block them, there are just very few (I don’t think they have the attention span for my stuff). But it would be hilarious how well they display their own lack of self-knowledge, if it wasn’t so horrible.
John Devalle 18th April 2020 at 12:56 am
Hi William, I’m glad you don’t ban feminists, as debate should be between those of different opinions. But its been my experience that most feminists don’t want hear from those who question feminism and I’ve been banned from several feminist sites and groups. Most recent was Geena Davis’s site, See Jane. With the Wonder Woman sequel coming soon they had an article praising the first WW film as a triumph for gender equality. I commented that I couldn’t see how a film with a plot that saw WW and the Amazons slaughtering men, and only men, served gender equality. Especially as the evil Dr Poison, whose female, is spared by WW. Result? I was immediately banned.
Alex Stewart 9th June 2020 at 2:19 am
Highly recommended reading – but still to get to the conclusion and solution part to this REAL existential catastrophe.
PS Email subscription link still not working – looks like you need a secretary?
William Collins Post author 9th June 2020 at 6:16 pm
Sorry, yes I could do with one. I can add you to my email circ list if you wish.
Labour_is_bunk 13th February 2020 at 8:52 am
Jack Heynes 14th March 2020 at 6:37 pm
Cody, please come back when you can speak like an adult, this is a place for the discussion of serious topics
Doug 19th May 2020 at 9:59 am
Mocking men for being fragile or crying is regressive, reinforces traditional gender roles and suggests that “weakness” is the preserve of women which in turn reinforces the ideal of a system of patricrachy. Is that what you want?
Ms. Andry 31st May 2020 at 8:51 pm
Yes, such an irredeemably stupid creature! The most inane object in the multiverse! Observe the infantilized feminist ego triggered out of its “safe space” and trolling on an online forum — trying hard to sound intelligent: the one quality unnatural to it.
Yikes! Its triggered! The brat is throwing fit…
Roger Cockett 26th October 2019 at 2:37 pm
The Subscribe tab says : “Subscribe function is currently suspended for technical reasons.” I’ve pressed all the other buttons. So I do wonder how I can register. Unless this is registering? Maybe I am too logical?
William Collins Post author 26th October 2019 at 5:07 pm
You are now subscribed. I must fix that thing.
Vemund 16th August 2019 at 6:43 am
I like your webpage, a lot of important information here. I’m a men’s rights activist working in MannsForum in Norway with 700 members. Could you consider give me an interview on email? Anonym is also an option; I think our members would like to hear your opinion on things we are working with. Please send me a mail if interested, Vemund.
Nat 16th June 2019 at 6:53 pm
Happy Fathers Day to all the dads who have had their children stolen by Cafcass, family court, social services and mothers who weaponise their children. I think of all the men who were murdered in war to create this system and all those who have ended their lives because of it. I’m not going to say stay strong or look after yourself or any similar platitude cos bollocks. But stay angry. Its the only way this will ever change.
Lars 22nd May 2019 at 11:37 am
Males are not as prized as females right down to the most fundamental cellular level. Why is it females get paid huge sums of dollars for donating their eggs to IVF clinics, but men are expected to give their sperm for free? A single female can have a child through IVF here in Australia, but a single male can not have offspring.
Lars 22nd May 2019 at 11:33 am
All my working life I have had attacks by one, two, three, four or five female work colleagues hoping to completely wipe me out of the work place, never the guys, always little gangs of young females, to the point now I have asked my extremely good female boss, never, ever to be partnered with a female coworker, and she fully agrees because her own husband went through something similar to me. Segregation please, asap.
Lars 22nd May 2019 at 11:27 am
I work in hospitals and know women can get herceptin to treat their breast cancer but men tell me they can not get these drugs for theirs, nor for testicular or prostate cancer.
MR G Hays 4th March 2019 at 9:33 am
I am so happy I found this website, and that someone is actually qualified to look into these issues, has experience in fighting for them, and is recording them.
In contrast, the feminist activist lobby has tens (even hundreds?) of thousands of feminist activists that graduate every year in the west, all being brainwashed (and I use that term carefully) into becoming ideal intersectional feminists, who can launder activisim as impartial research, having been given the keys to the printing presses of “knowledge” in universities:
This is a good summary incase you missed it:
In fact, in all my searching, this (.. and people like Murray Strauss) is the only research I’ve found that is in any way supportive of men’s issues, and only because these feminist policies happen to kill women.
I know of many feminist policies that in practice harm men and women alike (and men and women grievously harmed)… and almost the entirety of the rest of feminist policies that just harm men.. and children. Helping women is incidental by this point, which is something we’re all for anyway, and should be with children and men, but bad luck, that bit’s unfashionable. The main one I’ve seen is the removal of presumption of innocence for men accused by women, default benefits to accuser, and impunity when making false allegations, which is a godsend – 1. for genuine victims that can make a claim once or twice in their lives 2. for abusers, who can make claims whenever and however often they find is convenient, which I’d guess is a heck of a lot more often. I’d love to see data on the real ratio of these two that feminist driven legislation has given rise to. I even know of men that use it against innocent women (with presumably less inherent support? but do it anyway to at least e.g. skip court), along with a man given a caution against his wife and female abuser because he put his hand on her shoulder in genuine concern that her continuing emotional terrorism would kill his close to suicide son, just as his mother’s killed his sister. She called the police – mandatory arrest despite her trying to stop them .. “she only wanted the police to scare him”, i.e. her bouncers took it too far, and there was the single time he ever toughed her in anger (no harder than a handshake) against her decades of verbal and emotional abuse and control. CPS prosecuted by default because the complainant was a woman. He admitted guilt with no further information given and given a caution. She remains scot-free.
Anyway, sorry for the rant bit, but the discrediting of feminist academia, solidly with the “grievance studies affair” should be a watershed moment for them. Time will tell, I suspect they will find ways to make it water off a ducks back as usual, but it’s still a rock solid credible defence against the most harmful, and most denigrating of men’s issues parts, and gives new credibility to criticism of this radical tribal movement.
Noel 4th December 2019 at 6:52 pm
It even mentions this site. That’s how I found out about it.
Labour_is_bunk 5th September 2018 at 1:51 pm
No let-up, is there?
https://www.hl.co.uk/news/articles/time-to-close-the-gender-pension-gap
William Collins Post author 5th September 2018 at 5:40 pm
Indeed not. But that ad you link to is just a marketing ploy, bidding for women’s pension investment money. They get women on board first in the usual manner by telling them the nasty menz are diddling them again – then lower down they claim that their company gives a better return for women than men.
Rory Tennes 22nd October 2018 at 1:13 am
Thanks for the info and your work. Glad I found N4M.
Robert St. Estephe 22nd August 2018 at 9:16 pm
Those are mere facts. “Educated” (school-TRAINED) feminists think “fact” is a patriarchal conspiracy.
Mike Chaffin 13th August 2018 at 12:59 am
Latest entry is male issues by ministerial responsibility hence any proof reading, omissions or ideas welcomed.
Mike Chaffin 14th August 2018 at 4:35 pm
Also a thoroughly incompetent youtube channel loosely connected to said blog with one of my mates…
Our policy is to keep all mistakes in with no edits and to upload and be damned, hence apologies if it’s not very polished.
Altprop 31st July 2018 at 10:22 pm
It would be interesting to apply the rule of fraud investigation. Namely, to follow the money. Count and measure the benefits women obtain, from false allegations for example. For starters, there is the free legal aid provided in divorce cases, for women only. Then there is the child custody thing, which is actually a ruse to get the house. Which, for most middle class families, means the bulk of their shared assets. Now there are suggestions to further incentivise the accusers by adopting the New Zealand model of allowing female ‘survivors’ of domestic abuse to have time off work. I don’t even mention biased court judgements and the plethora of benefits women obtain by soliciting the sympathy of social services, court officials, officers of the law, peer groups, journalists, government officials, and on and on.
This amounts to the industrial scale systemic incentivisation of family fraud.
Mike gibbs 29th August 2020 at 12:06 pm
Yes, and men are ok with it all as evidenced by their near total apathy and disregard for those facts. I’ll never understand why men just don’t give a shit about What’s left of their rights-
Ian 23rd July 2018 at 11:42 am
Great site. Are you aware that it is currently blocked by Virgin Media’s Child Safe filter? I’ve protested to them on your behalf but you might want to get on to them directly.
William Collins Post author 23rd July 2018 at 11:53 am
There was a similar block via Talk Talk – don’t know if that still applies (see https://j4mb.org.uk/wp-content/uploads/sites/46/2018/05/180506-The-screen-that-appears-when-William-Collins.pdf)
Labour-is_bunk 29th April 2018 at 2:49 pm
Another sidelight on the “Evil Patriarchy” not having it entirely their own way:
Mike Chaffin 28th March 2018 at 4:23 am
Excellent site! Though the subscribe function didn’t seem to work.
Few things I’d add… Bias in the media, especially the BBC. People argue endlessly over whether it leans left or right, the answer is that it leans horizontally towards feminism. Well maybe except old sadly departed Top Gear. And all funded by tax effectively.
Bias in the use of public finances. The foreign aid budget, for instance, is merely a slush fund for feminist causes around the world.
Could make a case for the EU being a feminist organisation too… Though it’s a can or worms.
It isn’t just the family courts that are biassed against men, Social Workers are effectively indoctrinated in feminism during their ‘education’. You want to really tangle with the sisterhood, this is where you hit. Make sure you have no kids or relationship for them to destroy though. If you do, you’ll lose.
A few thoughts on marketing Red pillism in general….
Best way I’ve thought of is to use women. Basically whether you a mirror cracking troll or not sign up for several of the popular dating sites like POF and Tinder. Doesn’t take long however consider exaggerating your height, academic qualifications and career if asked. Also clearly state on the bio that you are MGTOW or Red Pill. Also that no feminists are welcome. Oh and never answer your mail.
Then borrow your mates, particularly if they aren’t trolls. Or rather photos of your mates, rinse repeat. You’ll never need to check them, though logging in every once in a blue moon can be amusing.
Particularly effective for 36-45 sort of age range but you can use old photos if not and will give the impression that the spread of MGTOW and red pill is more extensive than it actually is. Women talk, and want to up marry. Hence it doesn’t take many profiles viewed before they’re nattering in the hairdressers about why the better catches are all going their own way / hostile / piggish etc.
It also happens to be rather amusing.
Best marketing though is the Red Pill movie. Nag and cajole friends and foes alike to watch it. It’s £3.50 to rent on Amazon so offer to buy someone a pint in reward for watching it. Every feminist cured is worth several blokes pilled, so don’t miss out the lasses.
If you have a local MP who is a self declared feminist then find something to complain about. DV shelters, local amenities that favour women, anything. The more unfair or out of the remit of an MP the better. Letters to the local press blaming the bias of the MP, and mentioning that you joined the MRM because of it.
Join internet forums, the bigger the better, and start discussion threads about red pill or mgtow. Yes even agony aunt style crap. Think.. ‘I’m MGTOW but my gf of 10 years was just evicted from her place and needs somewhere to stay for a few days else she’s got nowhere to go’. Feel free to reply ‘Don’t do it bro’ under a different user name…
On political issues you can and should blame feminism for everything. For instance Rotherham, Telford etc wouldn’t have happened without feminism. It was second wave feminists who championed mass immigration, feminists whose political correctness theory of social change prevented all those poor girls from being protected, and most importantly the feminist social workers who failed to protect them. This needs to be called out.
Oh the tizzy that feminists get into over this is mind bendingly brilliant. Happens to be true too.
Any issue can be turned into an anti-feminist one though. If you live anywhere near the coast complain that you are a fisherman, and that the feminists in charge want to discriminate against a male industry. And you’ve joined the MRM because of it.
If you work in HR or a call centre then complain that all the managers are female and that it is sex discrimination. They generally are. Oh and you’ve joined the MRM because of it.
On a more local level go for a pint to your local pubs and ask the barman / manager whether it would be ok to hold a Men’s Rights group in their pub once a month. They’ll never say no as it means people buying beer. He won’t know that there aren’t any other MRAs in the area, though once he’s chatted to a few of the locals, who’ve mentioned it to some others, there probably will be.
Also read up on relational aggression, and call it out whenever you see it.
Most of all though be loud and proud. The best advert for any political movement is the people within it. Being a closet activist really isn’t particularly useful. All politics is local and that means persuading people. That means they need to know what you are and what you stand for. Mugs at work, car stickers, badges or tie pins and t-shirts are all permanently visible. Conversation starters.
Mike Chaffin 28th March 2018 at 3:08 pm
I do seem to be subscribed, though not sure whether it was due to posting or the subscribe function.
William Collins Post author 28th March 2018 at 3:18 pm
I just changed the subscribe function at your prompting, and used your email as a test.
Mike Chaffin 1st April 2018 at 2:22 am
If we set up a think tank would you be willing to join William?
Idea is to generate some flak and publicity, maybe even a central repository for MRA articles or research. Show some organisation rather than disparate blogs and suchlike which google appears to ignore in the main.
Groan 21st March 2018 at 4:19 pm
This is the latest report of the EHRC in its campaign against the Welfare trimming embarked upon following the UK’s financial crash. The section of the full report on Gender is interesting as it reveals the sort “sleight of hand” used by such organisations to “prove” women are discriminated against. It begins with an analysis of the child related and other household benefits using a not unreasonable notion that benefits paid to two parents for them and their children should be divided 50/50 as a “rule of thumb”. However despite the obvious influence on such calculations of female led single parent families this actually gives some less than resounding figures of women’s discrimination.
So in order to produce such “women have it worse” they then go onto a more convoluted set of figures supposedly reflecting that tax credits will go to the main earner, still mainly men, and so use that as the measure. As if the man will simply not spend the money on the family or share it with his partner (this despite the fact that expenditure in families is 70/80% controlled by the mother.
I thought those with a statistical bent would like to see the crooked working. Absent of course from the “Executive Summary”
zeitgeist2012 12th March 2018 at 12:19 am
William Collins Post author 14th March 2018 at 9:35 pm
Hopefully you will have received a subscription email now
GYOW 11th March 2018 at 2:19 pm
Jonathan Skeet 9th March 2018 at 2:49 pm
Sorry – I tried to subscribe using the subscribe button but it won’t work. There doesn’t seem to be another contact button, so am left with only option of trying this way, on the comments page.
William Collins Post author 9th March 2018 at 2:58 pm
Hopefully I have subscribed you – you should get an email to confirm.
Noel 4th December 2019 at 9:52 pm
Can you also subscribe me please. I posted earlier this evening.
William Collins Post author 4th December 2019 at 10:10 pm
ok
Jon Carroll 8th March 2018 at 12:23 pm
I don’t know if you’ve covered it, but what about men’s continence health?
I suffered a Transverse Myelitus about 25 years ago (think “Polio”; I lost everything from the hips-down for a year, then made some partial recovery) and one of the most lasting and distressing parts of my condition is my bladder incontinence. There used to be an absorbent ‘pouch’ style urinary product available on the NHS, but as I came to re-order last year I was told that our local health authority had randomly dropped them from their product line. All the remaining products are based on the ‘panty-liner’ design, not a pouch.
When I remonstrated with the upper echelons of the organisation, I found it full of wimin who just arbitrarily told me that they’d changed policy and to just deal with it.
Now, men’s mechanicals are very different from women’s, especially when you consider other elements of design and function. Additionally, I’m spastic in the areas affected, so ‘things’ don’t lie where you place them. However, as a ‘minority service user’ and unrepresented in their management, my needs have fallen by the wayside and the service is now no longer fit for use.
What can I do?
I’m housebound without these products.
Ken 2nd December 2017 at 12:08 pm
You should add in the lack of recognition of male prostitutes:
William Collins Post author 2nd December 2017 at 1:12 pm
Thanks. This is an issue I need to cover – it joins my ever growing list of topics.
gush 10th May 2018 at 5:16 pm
Well, not surprise a problem is bigger when ignored.
littlefrog 23rd October 2017 at 9:59 pm
MGTOW-man
Dress codes, that’s quite a strange point to make…I find women’s clothing flimsy, impractical and generally made for style over substance. Cropped jumpers (so your middle gets cold), jumpers with 3/4 sleeves, everything without pockets, skinny jeans that hurt your belly etc. Men always look so warm and comfortable! I’d also like to know why a man can go topless on a hot day but not women. We definitely need equality when it comes to dress codes!
gush 10th May 2018 at 5:17 pm
It’s still an option. I still don’t feel comfortable in skirts, but they sure are fresh.
Thoughtcrime 10th June 2018 at 2:32 pm
Littlefrog, I doubt you’d find many men in Western countries who would object to women going topless. It’s your puritanical sisters obsessed with suppressing male sexuality you need to worry about .
Godfrey 25th August 2017 at 7:46 am
Looking with interest at ‘GCSE Results 2017’ and I note that your excellent site has been attacked.
On the home page, there is horizontal bar with clickable links: ‘Home’, ‘Introduction to the disadvantages faced by men and boys’ and ‘UK Education: a summary’. Clicking on ‘UK Education: a summary’ leads to the a lot of nonsense about buying drugs online. The nonsense material is formatted in typeface & spacing identical to what you use on the real website, so it took me a number of seconds to notice that this alien material was nonsense.
Godders.
William Collins Post author 25th August 2017 at 8:28 am
Many thanks for letting me know – I hadn’t noticed. Unfortunately I had to delete that page to get rid of the garbage. I’ll put it back up from the original text when I have a moment. Thanks again. Worrying.
Hensunsan 4th December 2017 at 9:39 pm
I was just redirected to a pharmacy advert when I found your page on suffrage via google. Maybe I’m just paranoid, but…
littlefrog 16th August 2017 at 10:56 am
Is it just me or is there no actual conflict between men’s rights movements and feminism? Feminism is a fight for equality not a fight against men, so men’s issues are women’s issues and deserve as much consideration. As a woman and a feminist I’d stand behind this movement 100%. Perhaps it’s time to let go of all the isms and schisms and just focus on our shared humanity.
The majority of political and financial power is in the hands of men but that doesn’t mean that it benefits the majority of men (in Western countries) at an individual level. They face discrimination and disadvantages in many ways too. Men exploit women sexually far more though and there are enormous global industries in violent and degrading porn, prostitution and sexual slavery where men are almost exclusively perpetrators. Men rarely recognise the harm that these cause so the men of this movement must be ready to turn a critical eye on themselves too before flicking on the porn channel.
Men have been willing to give up privileges and listen to women’s concerns and we must do the same. Failure to do this may unleash something very ugly. They are our husbands, brothers, fathers, lovers, and sons, not our oppressors and captors. They deserve respect, compassion and equality.
Jonathan Bibby 27th November 2017 at 1:50 pm
You’re right, there is no conflict between feminism and MRM, there is however friction to say the least between Radical feminists and the MRM who constantly label it as a misogynistic hate group who beat their wives and condone rape. Most if not all advocates of MRM I have seen acknowledge/ empathize with female issues, however, I have seen the vast majority of feminists preaching equality glaze over male issues as they are unimportant. Ideally as you said, we would have a single humanity trying to remedy gender imbalances on both sides but at least this is a start.
Thoughtcrime 7th June 2018 at 2:50 pm
I agree with some of what you say, but the statement that “Feminism is a fight for equality” is at best naive. As the name suggests, feminism is about promoting the interests of women. There may be instances where feminism results in equality but on the whole it is the relentless pursuit of female privilege. Its logical conclusion is female supremacy. It is incompatible with equality.
Porn and prostitution both involve transactions in which money is exchanged for sexual gratification. Men are the predominant but not exclusive consumers in either case. The number of women consuming porn and buying sex is significant and increasing. To suggest that “men are almost exclusively perpetrators” is simply an attempt at glossing over the role of women as consumers in both industries. Let’s also not forget the central role women have traditionally played, and continue to play, as ‘madams’ in brothels.
The portrayal of porn and prostitution as inherently exploitative of women is also naïve at best. Who is exploiting whom, the party choosing to trade money for sex or the party choosing to trade sex for money? The answer is that both parties are responsible for commodifying sex, and each can be guilty of exploiting the other. Sure, some women choose to enter prostitution out of financial desperation or addiction, but many do it to fund an extravagant lifestyle. Just as sexual slavery is real, exploitative and degrading, so are other forms of slavery.
Sexual slavery exists because the market for sex is lucrative, driven by a demand that far exceeds supply (as a woman, why do you think that is so?). Other forms of slavery, such as sweat shops and indentured agricultural labour, exist because they are also profitable. You criticise men for consuming sexual services but conveniently forget about the women buying ‘fast fashion’ from countries such as Bangladesh where many workers in the garment industry are treated no better than slaves (why behold you the mote that is in your brother’s eye, but consider not the beam that is in your own eye?).
You are right that women need to reciprocate by giving up privileges and listening to men’s concerns, but I doubt you will find many women, let alone feminists, who will agree with you. The uncomfortable truth is that your average woman feels entitled to privilege, even if the price of that privilege is turning a blind eye to their own individual and collective hypocrisy.
Nick Child 1st March 2019 at 1:57 pm
The point you make about feminism – standing for gender equality yet somehow presuming that means always taking men down – was what led a couple of us (who were mainly involved in understanding family separation and family law) to set up a weblog on equalism. We make no pretension to great expertise in that field.
The core idea was to name – and define more clearly than anyone seemed to have done – the positive value inside all the dozens of inequality -isms. The website is: http:equalism.org.uk
TruthTeller 19th July 2017 at 3:38 pm
OMG there are a whole long list of things women lose out on against men:
1) women are paid 79% less than men for the same job.
2) you say that women spend more than men whoever earns it but you are forgetting that a huge amount of women’s spending is on the children that they produced together!
3) fewer women work in government, media, as executives, in technology…
4) women do more housework than men
5) female products are more expensive than male versions
6) women are way more human trafficked than men
7) high-school sports are male-dominated
8) retired women are double likely to live in poverty
9) all women are far more likely to live in poverty
10) lack of sanitation has worse effects on females than males
11) females in 3rd world countries are the ones sent on dangerous journeys to fetch water
12) gender inequality is prevalent in 3rd world and developing countries
13) as child bearers women’s careers are detrimentally effected despite equality laws
14) women lose their children in the patriarchal family court system to abusive ex partners
15) one in four women will be a victim of sexual assault in her lifetime
16) women are treated less favourably and overlooked at work (also sexually harassed)
17) women are far more likely to be deemed as anxious or neurotic parents than men, also false allegations of MSBP/FII
Tim E 26th August 2017 at 1:33 pm
TruthTeller, is that really the best you could come up with? I reckon I’d get more sense from an automatic teller, but here goes:
1) “women are paid 79% less than men for the same job”. Utter nonsense. If you’re talking about the ‘gender pay gap’, that’s been thoroughly debunked. Where have you been hiding?
2) Ever noticed the proportion of retail space devoted exclusively to women?
3) In my country (Australia) more women than men work in government. Anyway, what is your point? Sounds like you’re trying to blame men for women’s life choices.
4) According to the Australian Bureau of Statistics, Men and women in Australia do equal amounts of total paid and unpaid work (measured in time, not effort or outcome mind). Are you suggesting that men should do a disproportionate amount of work?
5) A rational person would respond by buying the male version of the product. Sounds like you’re blaming men for women’s irrationality.
6) I wonder if that’s actually true if you look at all forms of slavery, including bonded labour.
7) Nearly all sport is segregated by sex so how exactly is it male-dominated? Sounds like you’re trying to blame boys for being more active than girls. Perhaps the girls could try getting off their fat arses – they might actually save the taxpayer some money later in life.
8) So what? Sounds like you’re trying to blame men for women’s life choices. If you habitually spend more money than you earn, you’re likely to retire in poverty.
9) Essentially the same point as 8)
10) I’m not sure what “effects” you’re referring to. Fat women in particular can have pretty awful BO but then so do some men. Perhaps women could take more responsibility for sanitation instead of expecting men to do everything for them.
11) There are many far more dangerous occupations than fetching water, nearly all of them performed by men. In any case, I expect you only have to walk a few metres to a tap to get yours, so how is your point even relevant to this article?
12) Again, how is this point relevant to an article about the institutionalised discrimination against men and boys in a first world country?
13) Sounds like you’re trying to blame men for women’s life choices. In case you hadn’t noticed, there are enough people in the world already.
15) *Bullshit statistic alert*. I thought you were a truth teller.
16) Some women, sure, but as a group certainly not. Ever heard of ‘affirmative action’? Sounds like you’re trying to blame men for women’s life choices.
17) Maybe it’s because women are more anxious and neurotic parents. That’s certainly my experience.
fef 23rd October 2017 at 6:49 pm
I honestly agree with littlefrog, but not with you, Tim. If you ask me kindly, I can answer you why.
Tim E 28th March 2018 at 12:13 am
Why do I need to ask you kindly for your opinion? Most people provide theirs for free. Is your opinion really that valuable? Wow, I’m so utterly devastated that you don’t agree with me. You’ll have to excuse me for not having a vagina.
GYOW 11th March 2018 at 2:15 pm
1) women are paid 79% less than men for the same job.
If that were the case, employers would hire only males — why pay a man the going rate, when one could pay a woman “79% less” (sic) for the same work?
You illustrate the empathy gap perfectly — no empathy whatsoever for men, but instead just a pack of lies to garner (yet more) pity for women. You belong to the privileged gender, yet still want more privilege. Reasoning with you or trying to appeal to your conscience is a waste of time.
Lawrence Newman 12th April 2017 at 5:18 pm
Do you have a source for the claim about 500k African boys being maimed or killed in the last 8 yrs? Mgm is always maiming, mind you.
William Collins Post author 12th April 2017 at 6:07 pm
Yes, here https://www.health-e.org.za/2014/06/25/half-million-initiates-maimed-knife/
Lawrence Newman 19th May 2017 at 12:17 am
Thanks. It was bad enough before but without regulation unethical capitalists will exploit it and make matters worse.
Andrew 23rd February 2017 at 2:47 am
pps sorry for bad translation from russian
If there are more boys in your family, than girls, but in other families, for example, there are girls only,
then why your children should serve and be cannon fodder, what is their guilty? The fact that they were born the wrong gender?
Have you invested in them less effort, money and love, than parents of girls? Think about your children’s children, as if they, too, will be boys? If, in some countries, for women quotas are introduced in parliament, then they should have quotas in squads involved in a military combat.
Why do men agree to be lower than women, has it been been seen in the history, that the man should have fewer rights and more responsibilities? It used to be quite the opposite, for example,the penalty for killing a woman was twice less than for killing a men. If some men think that women are
more important than them, then they should serve in the army in the first place.
It is believed, that in the past, women were the property of men. Property can not fight, so in those days women didn’t serve in the army. Today, men and women have equal rights – and rightly so, and therefore the man should no longer protect women as their property, and the woman should protect herself
as a complete person equal to man. Actively fought women of such nations as the Celts and Sarmatians, the Scythians, the Nordic Valkyries also did not arise out of nowhere. And Cimmerian, from whom came the Slavs, their woman could not marry until they bring the enemy’s head. But the women who fought,
had the same rights, so in the history there always has been a direct link between the military duty of citizens and civil rights.
Of course, not every country has the military conflict, but there are countries where such conflicts may arise. Even in calm countries where forced recruitment is not planned, there are still discriminatory laws, giving privileges to women in recruitment matters. The question arises – why do they exist? Yes, then, that in emergency situations to make man meat. And if you, gentlemens, dont want to become meat, you need to protect your rights today, and not when it is too late, and there will be no time to change something. In the wild nature, for example, in most species, males and females live
equally and have equal rights, responsibilities and survival, and the distribution of people like cattle, when most males go for slaughter – is manifestly fascist.
Imagine if in an army served only women, do you think they would have suffered, or demanded equal rights and responsibilities with men? The worst thing is not that men are discriminated and are forced to become meat on the basis of sex, but that they do not even require the equal treatment of both sexes. They do not realize that childbirth is just a job, which is much easier and safer than, for example, the work of a miner, and for the work no one should receive an exemption from the military service or any special privileges other than monetary rewards. Yes, childbirth, sometimes is painful, but no one is exempted from military service, from those who have passed, for example, through a painful reception at the dentist.
After all, the main burden of child raising are, again, in the men. While women work for childcare is usually not as hard. But most men are working hard,earning money for the children. Do not forget, that women who do not have children, or are infertile, or even those who claim that they did not ever
think about childbirth – childfree – also dont have to serve in the army. Is that normal?
Even if we imagine, that discrimination on basis of sex may be economically beneficial to the country, as, for example, once, slavery was profitable, it does not mean that such discrimination is permitted. Neither slavery nor conscription of men to the army, in the absence of conscription for women
can not be justified by any economic or demographic benefits, because above all this, there are human rights. In addition, conscription of women equally with men, most likely, will improve the country’s economic and demographic indicators. Therefore, any rights of men must be greatly expanded, and we are not talking about the benefits of plots or free transport tickets, or women should be deprived of many rights and are endowed with additional responsibilities, or women should be drafted into the army.
The scale of the threat to Israel, North Korea or Norway is not as great as for our country, but even there, women are encouraged to join the army. In Georgia, too, there was introduced a bill on compulsory military service for women. In some places such practice has already been applied, that men
and women live in the same barracks, and are washed in the same bath, so there is no need for additional infrastructure for a women conscription. Naturally, the appeal of women should not be sham, as it happens in some armies of the world, when they only shift the papers, and then receive military
pensions and apartments, and a woman should be fully participating in the military combat.
Women are conscripted into the Kurdish militia, where they account for 30% of participants, and after a month’s course of study their effectiveness is not inferior to men in battle. According to the latest research and the experience of fitness trainers, muscles of women often grow even faster than that of men, and, as a result of physical activity during pregnancy, childbirth, then, passes even better. The reproductive cycle of women, although it may be suffering from stress, but even women who passed the concentration camps or the Second World War combats, in the majority, then successfully gave birth.It is believed also that psychologically women are more stable and more executive than men.
When women are deprived of their duty to marry and have children, then men are not deprived of their duty to serve in the army. Women did very tricky – they have equal rights, but forgot about equal responsibilities. We must understand that equal rights mean equal responsibilities. It is because
responsibilities restrict rights, and thus make them unequal. Society should not be considered as two separate gender or sex. Society is one unit, and if some people can give birth, it does not mean that they should have more rights and fewer responsibilities than those who can not. If women take equal
part in the elections, so they influence to the policy of the state, then they must carry equal responsibility on the battlefield, if this policy, for example, led to war. Just because of the equal rights and opportunities for women leaving abroad, demographics is suffering, but equal rights is correct, only with equal responsibilities and therefore men and women have on an equal basis to serve in the army.
It is unclear why the men are compulsory drafted, but not women. After all, there are enough man volunteers and contract military serving in the army. It means that the male half of the population does so much more to the Army than women. Therefore, primarily woman should be compulsory drafted.
Lack of conscription or military draft for women is not positive discrimination, because those men who serve in the place of women are discriminated. If, for example, some citizens are physically stronger or better able to fight, it does not mean that they should forcibly, for free, to work in mines for those citizens, who are physically weaker, or die for them on the battlefield. Stronger citizens are not worse than the weaker, and all citizens are equal under the constitution. Some people say that the conscription of women into an army is hate of woman. So, if some citizens say that only man should be conscripted into an army – isn’t it hate of men? Why women do not serve even the alternative community service?
To not affect a demography, it is possible to conscript women after 30 years old for active participation in military combat, and the father of their children can stay at home for childcare, and the children can be fed with a special child food. It is sufficient to note that many women do not breastfeed, so their breast doesn’t not lose shape. Demographics can be encouraged by the fact, that women who have not given birth to two children under 25 years, can be conscripted to participate in military combat, not at 30 years old, but at 25. By the way, father’s right to education of the child should be the same as mother’s,
because the genetic code of a child is by half father’s. And younger woman can be consсrited to protect the safer parts of the front, as well as for logistics and engineering.
To prevent pregnancy, women can set special spiral, use of oral contraceptives, and in case of failure – the woman herself is responsible, and her pregnancy is regarded as a negligent attitude to military service, and shall be punished by imprisonment accordingly. However, if a pregnant
woman can continue to perform combat missions, the punishment for her can be canceled. There are examples of women who engaged in kickboxing at nines month of pregnancy, and it didn’t not harm the baby. The combat vest can be replaced by larger, because the soldiers who have additional weight and have belly can serve too, and special combat jackets for pregnant women could be bought. In the case of the death of a pregnant soldier, the number of population of the country may suffer a bit, but in the peacetime women use contraception and make millions of abortions, and they do not see any
problems with it.
fef 23rd October 2017 at 6:58 pm
“There are examples of women who engaged in kickboxing at nines month of pregnancy, and it didn’t not harm the baby.”
Rare cases. In most countries there are even laws prohibiting women to work even in an office when they’re near 9 months (it varies from nation to nation) because it could prejudice her or the baby. If some women are resistant at the point they can do martial arts while 9-month pregnant, congratulations to them. Because most are not.
“To prevent pregnancy, women can set special spiral, use of oral contraceptives, and in case of failure – the woman herself is responsible, and her pregnancy is regarded as a negligent attitude to military service, and shall be punished by imprisonment accordingly.”
Pregnancy in military service is an accident. It’s like saying “oh you broke your arm by accident, you shouldn’t have tried to do [this], now you’ll go to jail”. And contraceptives are not 100% safe and do some really bad things with hormones. It’s like I saying to you you’re going to jail for impregnating a civilian while in military service. By an ethic pillar, if she could “just avoid pregnancy by not making sex at all”, you should also be forbidden to fuck.
Groan 14th December 2016 at 10:54 am
This is an interactive site just published by the Gov. One can quickly find the “pay gap” for different occupations. So for instance Psychologists the gap is 9% in favour of women much higher for midwives (no surprise there) similar gaps for women in Podiatry and other health professions. Readers may be interested to see their industry or do their own comparisons. If nothing else (as in the case for Midwives) it demonstrates the daftness of the figures of “gap”.
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Axl Dave 29th October 2016 at 6:29 pm
I have started a petition to change the legal definition of rape to include female-on-male rape.
If you would like the email with full details of the petition, please email me axldave9@gmail.com so I can forward it onto you.
MGTOW-man 23rd September 2016 at 7:42 pm
The dress code. Women are nearly free to wear what they want to work. Even in professional environments, women get to wear more comfortable, airy, colorful and “fun” clothing while men must wear drab-colored suits and neck ties that stiffen and choke them all day. If a man dared to show up to work in “modified” tank tops like a lot of women do, we all know what would happen to those men. If suits are required, both men and women should be required to wear them, else relax the rules for men’s attire. Women can show up with their breasts practically hanging out and considered professional and/or suitable, but let a man show up with his top shirt button open and he is “flashing his chest…hating and hurting women.”
Equality must mean equal dress codes.
Deecosis 14th October 2016 at 11:34 am
As a former Design technology Teacher the dress code issue was always baffling to me. I had to insist that girls with long hair tied their hair up before working with machinery as they could get cough and scalped. But when I addressed the risk of male students and staff being at risk due to their ties and been pulled in by a slip knot around their throats, and asked if we could take off ties in the classroom. The answer was “That’s the dress code, just move the tie out the way.”
I had to weld, braze, hammer, saw and drill in a full suit where the female art teachers came in wearing flipflops vest tops floaty skirts and giant hoop ear rings.
fef 23rd October 2017 at 7:00 pm
As a feminist, I think it would be great for every workplace to have the same dress code to both men and women.
Richard Elliott 20th September 2016 at 7:47 pm
Hi, I tried to subscribe but the confirm function didn’t work. I am genuinely interested. email below
Andrew Derbyshire 24th January 2017 at 4:42 pm
I have done the same. It appears that it just doesn’t confirm that you have subscribed. Your email will disappear and you should have received an email to confirm you have subscribed intentionally or are not a robot.
Kris Gray 19th August 2016 at 6:47 am
I forgot to mention.
Men are constantly being dumbed down on TV shows, they are either stupid and constantly being pushs around by women i.e ‘Scott and Bailey’ being a prime culprit, or bullies i.e Phil Mitchell, although the list is endless. So girls grow up thinking it’s all right to control the lives of men because they are all b******* anyway. Woman are constantly shown as being the boss, especially cop shows, no wonder our young men are failing at school, what do they have to look forward too? Either doing the dirty/tough jobs women can’t or won’t or to be cannon fodder for the next war.
Kris Gray 19th August 2016 at 6:33 am
All very well complaining, I agree with all points on this site, but what are we doing about it? Let’s face it, it was men who brought in all these rules and regulations to favour women over men, can we really complain? So, what are we going to do about it?
William Collins Post author 19th August 2016 at 7:31 pm
Well, what are you doing about it? One thing you could do is sign up with http://network4men.org/
Lawrence Newman 28th June 2016 at 7:11 pm
Douglas 22nd March 2016 at 9:13 am
You list ‘There is no gender pay gap for people under 40 years old” but this is mis-stated. An absolutely exact average earnings between the sexes is highly unlikely: there is almost certainly goig to be some difference. (Average annual earning, before tax, is the only basis for ‘pay gap’, regardless of hours worked, usefulness of education, years in service, commute distance or any other metric which would obviously be needed to really understand if there might be discrimination.)
So the statement should be ‘There is a gender pay gap for people under 40 years old which ‘discriminates’ against men.’
While you point out that it is women who spend most of the money, whoever earns it, you omit to point out that average INCOME (totalling earned and un-earned) is greater for women than men.
Ryder 15th March 2016 at 8:10 pm
Here is a petition to criminalise false rape accusations in the UK https://petition.parliament.uk/petitions/124709/sponsors/9yGqGQXCg3bJfgYOjs
Douglas 22nd March 2016 at 9:25 am
The petition doesn’t say what it is about. I’m certainly not going to sign blank!
Partridge 17th November 2015 at 11:07 pm
Male-only organisations have systematically been obliged to accept females, whilst the reverse is not true.
The Scouting movement, for example. Golf clubs, and so on. However, while they may be obliged to accept females, they are not obliged to accept feminists.
I look forward to the day when it is widely recognised that feminism is a man-hating totalitarian ideology based on false history and lies. It just needs one organisation, either within academia or in wider society, to have the guts to stand up to these feminist bullies.
When the tide eventually turns, they will be swept away.
Dave Brown 7th September 2015 at 1:48 pm
In AVFM article that you wrote, you claim that police can kick you from you home for 29 days? My impression from the governemtn website is the lengh of time is 48 hours. The way the government sites word it is confusing.
Can you update me on current DVPO laws please?
Meinaime 7th May 2015 at 12:05 am
(Thanks for all the work on mra-uk.co.uk. I think I’ve read the lot.)
William Collins 7th May 2015 at 8:43 am
RedPillUK now back up. Apologies.
Tom Parker 23rd November 2016 at 8:20 am
Would you watch and help promote my shorter film (15mins) about parental alienation?
Thanks,
William Collins Post author 23rd November 2016 at 11:30 am
I watched your film yesterday, as it happens. I am happy to recommend it to others, http://www.personanongrata.org.uk . It is a realistic portrayal of how the family courts operate & how PA arises. I would like to do a post on the stats on PA, though getting hold of such data is notoriously difficult, not least due to the family courts operating in secret and accountable to no one. If I manage such a post, I’ll link to your film again.
Meinaime 25th April 2015 at 7:57 pm
I would add the failure of family courts to respect pre-nups. (I’m 58 and living off my savings. I dare not share my house with a woman as I cannot afford to risk losing half my money.)
Douglas 22nd March 2016 at 9:22 am
Same here, except my savings have gone now. My pension will have to be split, too.
Anti_Femastasis 19th January 2015 at 2:56 am
Eubie 17th December 2014 at 4:56 am
This is a nice, crisply written list. I would make a small suggestion: the jobs men work that women don’t want often are referred to as ‘dirty, difficult, and/or dangerous,’ thus allowing for the phrase ‘3D jobs,’ a more easily remembered and referenced short-hand term.
Groan 2nd June 2015 at 11:03 pm
PeterPan 11th November 2014 at 10:44 am
really good list, might
– car
insurance is lower for woman (as woman do not claim insurance as often as man
does, woman have less accidents) This is gender bias and segregation, yet
–
health care contribution to privet or public health system is the same even
when woman exercise 70%! More visits to doctors then man do and this exclude
pregnancy visits!
perfectly acceptable for woman to have numerous Business awards exclusive to
their gender but man’s awards are inclusive to woman otherwise are considered
initiatives to start business and even study are exclusive just to woman and
there are no initiatives to help already struggling boys and man in education
and businesses in similar capacity as woman enjoy.
government body to represent man issues in similar capacity as Office for Woman
for over 40 decades!
–
lower test for some occupations for woman only but not for obese or mentally
discriminatory laws at work places are disadvantage man, woman who can’t
perform the jobs at the same levels as man is are given to, to avoid law
suites! (i.e.;.. manger positions in banks, tire retreat company in Sydney had
to employ tiny young woman to do hard physically demanding job (some man had
been denied this online position!). The manager had lost his job who had denied
her the position, then next one as the production had suffered due to her not
being able to keep up with the speed of the line and other worked had do assist
her doing her task not just theirs! Soon after she had left hers job as it was too
hard. How many men need it to pay for her misguided aspirations? Who had payed
for her consequences? The man, I can provide more information if needed.
– Retirement
age difference and as mentioned before man’s lives shorter after retirement,
hence the benefit to support woman is greater than man.
–
drugging boys at school to inhabit and control theirs behaviour! Removal of
school physical activities, not running, severe punishment including
suspensions from schools for playing innocent guns/war games. This further disadvantages boys and is
Competition which is part of growing as a boy is weeded out in place of
cooperation and majority consensus. (See how this had worked out for bunch woman
–
I finish here, it seems to
me there is big plan to handicap boys and man just to achieve unfear advantages
for woman, from healthcare, education to sentencing! On every level!
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EDITOR’S NOTE: This week, Nieman Reports magazine takes an unflinching look at domestic violence, and at the challenges and imperative of covering for what it is: not a “crime of passion” but a global social crisis. The magazine explores how the issue is being covered in cultures and through changing media conventions around the world. It includes a provocative piece focusing on photojournalism, and the delicate balance between portraying the brutal truths of domestic violence with sensitivity to victims. We are republishing this annotation of “A Raised Hand,” a groundbreaking New Yorker story by Rachel Louise Snyder published in 2013. But we urge you to read the entire Nieman Reports package, and to spend time studying the haunting cover photo.
In her 20 years traveling the world as a freelance writer, Rachel Louise Snyder has covered a hurricane in Honduras, a tsunami in Indonesia, and the forced sterilization of women in Tibet. But no experience abroad scarred her more than reporting on the hidden world of domestic violence in a solidly middle class Massachusetts suburb.
In “A Raised Hand: Can a new approach curb domestic homicide?”, published in The New Yorker on July 22, 2013, Snyder begins with the harrowing story of Dorothy Giunta-Cotter who “knew someday that her husband, William, would kill her.” The traditional methods for helping domestic violence victims didn’t protect Giunta-Cotter, who was killed in March 2002, just two days after her husband was released without bail on charges of assault and violating a protection order.
Snyder posits, in her New Yorker piece, that a relatively new and deceptively simple program called the Domestic Violence High Risk Team might have saved the woman’s life.
As often happens with the best stories, Snyder discovered the Amesbury, Massachusetts, program by accident. It was 2010 and she had recently returned from six years of living and reporting in Cambodia. Feeling adrift, she was visiting friends in the nearby coastal enclave of Newburyport, about an hour north of Boston. It just so happened that these friends, the godparents of her daughter, were the writer Andre Dubus and his wife. Andre’s sister, Suzanne Dubus, is a high profile advocate for victims of domestic violence and the chief executive officer of the Jeanne Geiger Crisis Center, which was using this prevention method.
“I was standing in Andre’s driveway one day and Suzanne drove up,” recalls Snyder, who is now an associate professor of journalism and creative writing at American University. “She told me about this program and I was just stunned that domestic violence was a social ill that we could actually do something about. It seemed so unbelievable to me.”
Snyder spent the next month shadowing Suzanne Dubus and learning about the “Danger Assessment Tool,” which scores risk factors for domestic homicide with the aim of prevention. Compelled by what she found, she started researching the story immediately after that conversation.
As Snyder traveled the long road from idea to publication in The New Yorker, she came to understand how legal and ethical dilemmas deeply influence reporting on domestic violence. She had been pitching the magazine with other story ideas for more than a decade. Although none of her pitches had been accepted, she had developed a good relationship with the magazine’s executive editor, Dorothy Wickenden, who told her she thought this pitch had potential. Editor David Remnick turned it down at first, Snyder recalls, but she kept advocating. She felt domestic violence as a subject of journalistic inquiry had been ignored or underplayed for too long.
She recalls making this argument: “’I know everyone thinks this is a women’s story, but the fact is if women were killing their husbands in these same numbers this would be on the front page of every newspaper across the country.’ And David Remnick turned around the very next day and assigned it to me. What we didn’t know was that it was going to take us the next two and half to three years to actually get it to print.”
(From the start, Snyder envisioned expanding the article into a book. “No Visible Bruises: What We Don’t Know About Domestic Violence Can Kill Us” was released today, May 7, 2019. A part of that book was adapted for an opinion piece, published this past weekend by The New York Times, in which Snyder argues that the legal system needs to take more responsibility for prosecuting domestic violence. Snyder also wrote a piece for The New Yorker in December 2015 titled “No Visible Bruises: Domestic Violence and Traumatic Brain Injury.”)
As Snyder reported the 2013 New Yorker article, the first big setback came after she spent a year with a woman whose story she had envisioned as the narrative backbone of the piece. The woman ended up as a secondary character, identified by the pseudonym of Lisa Morrison. The problem: Morrison felt it was too dangerous for Snyder to interview her ex-husband. If he found out she had been talking to a reporter, Morrison feared he would find her and kill her. Snyder’s journalistic ethics, and a well-placed fear of lawsuits, precluded using Morrison’s side of the story without hearing the ex-husband’s version of events. But her humanity wouldn’t allow her to interview the ex-husband without Morrison’s permission.
She was stuck: “Once I lost the narrative, I didn’t know how I was going to tell the story.” She started exploring other options. She tried to tell the story through the viewpoint of men accused of abuse. She tried gathering dozens of police reports to stitch together a narrative, but she couldn’t find a throughline.
Snyder, who has an MFA in fiction, had initially resisted using Giunta-Cotter’s story as the lead anecdote and narrative thread because “if I kill off my main character immediately, what’s going to keep people reading?” She also felt the anecdote wasn’t truly representative of her piece, which essentially is a positive story about a program that works to prevent the kind of horrific death that Giunta-Cotter endured.
But by interviewing the police officer who had answered the call, Snyder was able to recreate the detailed circumstances of Giunta-Cotter’s death. She came to believe that starting with this scene would work because she was able to establish the stakes of domestic violence, and thus keep people reading.
Snyder underestimated one aspect of reporting the story: the toll it would take on her own emotional health. She had covered so many disasters around the world that she thought she was immune. “I didn’t have a self-care plan,” she says.
One day, soon after returning from a reporting trip where she sat in on a meeting to review the details of a domestic homicide, she had a breakdown. She was walking her dog, listening to Pearl Jam, when she fell to her knees and started crying. She called a therapist, who told her it was a textbook case of “vicarious trauma,” a kind of secondary post-traumatic stress disorder that affects people who work with traumatized populations. To regain her equilibrium, she took almost a year off from reporting the story.
Snyder underestimated one aspect of reporting the story: the toll it would take on her own emotional health.
Snyder says that she has not been the direct victim of domestic violence. But after her article was published, she learned that her stepmother had been abused in a previous marriage. “There’s always resonance around these issues,” Snyder says.
The way Snyder sees it, the women’s movement brought “the battered woman” into the public eye in the 1970s and ’80s, but journalists have dropped the ball on sustained coverage. Perhaps because it is viewed as a women’s issue, domestic violence hasn’t received as much journalistic attention as other social ills, such as homelessness and poverty, she says. The subject “needed to be explored from a 21st century and feminist perspective,” she says.
In Snyder’s view, that means avoiding reporting on domestic homicides as isolated murders and starting to portray them as years-long narratives of abuse and intimidation that could have been stopped using some common-sense solutions.
The annotation: Storyboard’s questions are in red; Snyder’s responses in blue. To read the story without annotations, click the ‘Hide all annotations’ button, which you will find just below the social media buttons in the top right-hand menu, or at the top of your mobile screen.
Can a new approach curb domestic violence?
The New Yorker ~ July 2013
Dorothy Giunta-Cotter knew that someday her husband, William, would kill her. Why did you decide to let the reader know Guinta-Cotter is dead rather than keep readers in suspense? The simple answer is that her death changed everything. It changed everything in that community about how they categorized domestic violence. It changed what we thought was possible with domestic violence homicide. But I also wanted readers to know the stakes immediately. I know it’s risky to start with a death – deaths, hospital scenes, funerals… they’re often so cliché – but I wanted readers to have Dorothy in the back of their minds the whole time they read. They met in 1982, when he was twenty and she was fifteen: a girl with brown eyes and cascading dark hair. Over the course of twenty years, he had kidnapped her, beaten her, and strangled her with a telephone cord. When she was pregnant with their second child, he pushed her down the stairs. After visits to the emergency room, he withheld her pain medicine and, at one point, forbade her to wear a neck brace.
Dorothy and William had two daughters, Kaitlyn and Kristen. Once, in a rage, William sat on Kristen’s chest until she couldn’t breathe; she was eleven. Another time, angered by what she was wearing, he hit her repeatedly in the head. That day, Dorothy took Kristen from their home, in Amesbury, Massachusetts, and drove to a shelter for victims of domestic violence in Maine. (Kaitlyn, who was seventeen, stayed behind in order to graduate from high school on schedule.) Dorothy feared that William knew the local network of domestic-violence shelters; in Maine, she felt, she would be safe.
There she filed a restraining order, telling the judge that her husband would kill her when he found her. But the judge denied the order, citing a lack of jurisdiction. So Dorothy returned with Kristen to Massachusetts, where she met Kelly Dunne who worked at the Jeanne Geiger Crisis Center, a local domestic-violence agency. Why did you decide not to tell the story through Dunne’s eyes? In a way, she is the hero of the story. If not, why not? Dunne is whip smart, but at the end of the day, the stakes aren’t hers. She orchestrates from behind a desk, which is dull in terms of writing a scene, but the real reason is that the life and death stakes are for victims like Dorothy. You just can’t compete with the emotional pull of that. The center helped Dorothy file a restraining order and found a room for her and her daughters in a longer-term shelter. But Dorothy refused. She told the center’s lawyer, “If I’m going to die, I want to do it in my own house.”
Under the terms of the order, William was required to move out. The crisis center changed the locks and gave cell phones to Dorothy and her daughters. Ten days later, William violated the restraining order. He hid in the garage until Dorothy, who was on her way to a job interview at a local supermarket, came in. He grabbed her and put his hand over her mouth. “Stop screaming or I’ll shoot you,” he told her. Kaitlyn, hearing the struggle, ran downstairs to find her mother being held hostage by her father. “Her mouth was bleeding . . . and she appeared terrified,” Kaitlyn later wrote in an affidavit. “I . . . stood with my mom and dad to make sure nothing was going to happen.” After two and a half hours, William left; the next day, Dorothy went to the police station and filed a report with a detective named Robert Wile. She told Wile, “Every time I talk to him, he scares me.” What are the challenges of writing about the difficult subject of abused women in terms of attracting readers and keeping them engaged? I’ve never met a single victim who thinks of herself as “the typical victim,” which is to say that any of us could be victims. So the key to me is making these people – women AND men – feel fully formed on the page. This is where my background in fiction is useful. We needed to see Dorothy move around, talk, interact. We needed to see her growing desperation. That’s what keeps readers, no matter the subject.
Wile issued a warrant for Cotter’s arrest, and on March 21, 2002, William, accompanied by his lawyer, turned himself in at the Newburyport District Court. His previous record showed only a few traffic violations and bad checks. He had a steady job as a cable installer and coached a local youth sports team. The judge released him on five hundred dollars’ bail.
Five days later, William arrived at Dorothy’s house armed with pepper spray, handcuffs, ammunition belts, and a sawed-off shotgun. Kaitlyn was at a friend’s house; Kristen opened the front door. William pushed past her, broke down the door to Dorothy’s bedroom, and dragged her out. Kristen ran upstairs and called a neighbor, who called 911. The police arrived minutes later. When the dispatcher called Kristen back to confirm their arrival, William picked up the downstairs phone and told her to call off the police or “someone’s gonna get hurt real bad.” Outside, the police could hear Dorothy screaming. When Officer David Noyes kicked down the door, William shot Dorothy at close range; it was as if a grenade had gone off in her body, Noyes later said. Then William reloaded the gun and turned it on himself. Kristen had been hiding under her bed, the phone to her ear; the entire episode was captured by the 911 operator. This is an amazingly detailed recounting of this case. How did you nail down all the information? Records? Interviews? Both? Did you try to talk to Dorothy’s family? What was their reaction to this graphic description of her death? There was lots of paperwork on this, and people who’d been there — like police offer Noyes — described it to me in detail. The whole thing was captured on the 911 call, so we knew everyone’s location and the dialogue. I had Noyes draw the layout of Dorothy’s house for me: where she ran and where she went down. I do this all the time, have a subject draw a rendering of a scene I didn’t witness. Her family thought it was sensationalized. They weren’t happy and wrote a letter to The New Yorker. I understood what they meant, but, in fact, Noyes went into much more graphic detail that I left out. The New Yorker wrote back to them and they were OK with it in the end. It’s just never not going to be painful for these families. The Jeanne Geiger Crisis Center is situated in a secured red brick building in downtown Amesbury, an hour north of Boston. To insure the safety of clients and employees, no signs mark its presence. The waiting room provides toothbrushes, toys, secondhand clothes, self-help books, and boxes of Kleenex. Behind the reception desk is a large playroom. Writers are often confused about which details to include. I assume these come from your close observation. Can you explain how you came to include them? Were there other details you left out as irrelevant? I look for what I call intellectual details, details that do more than sit on a page. What marks a space as individual? The crisis center is just like any other office; what makes it unique is the security, those items someone who’s fled in a panic might need (like toothbrushes, or clothes). These kinds of things aren’t what you’d have in a usual office. So those details help set the scene, sure, but they also have an emotional underpinning to them. I look for details that will do two things at once narratively.
Kelly Dunne, who is forty-two, is the center’s chief operating officer. After graduating from college, in 1997, she became a volunteer at the center, working at the district court as an advocate for victims of domestic violence. On her first day, thinking that she might handle one or two cases in the divorce stage, she brought a book to occupy her in her spare time. When she arrived, five women were waiting to file restraining orders. One had spent the weekend locked in the basement; another had been kicked down the stairs. “I remember thinking, Are you kidding me?” Dunne said. “This is what’s going on in this town over the weekend?” This is such a great quote. How do you decide when to quote someone directly, rather than paraphrase? I have a background in public radio, so my ear is trained for voice inflections to some degree, when someone yells, grows quiet, sobs, whatever. In this moment, Dunne was just aghast. And so I knew it was a good quote. I tend to try to underquote rather than overquote a source. Plus, Newburyport is this charming seaside New England town; domestic violence and homicide are not our primary references for it. Her quote underscores this.
One in every four women is a victim of domestic physical violence at some point in her life, and the Justice Department estimates that three women and one man are killed by their partners every day. (Roughly eighty-five per cent of the victims of domestic violence are women.) Between 2000 and 2006, thirty-two hundred American soldiers were killed; during that period, domestic homicide in the United States claimed ten thousand six hundred lives. Context is key for numbers. How did you come by this comparison? What others did you consider? I had a different figure that came from a researcher, and then when The New Yorker fact checker went to fact check through the FBI’s homicide reports, she found the figure was wrong, that in fact the number was much higher. So the props go entirely to her for this. The New Yorker fact checkers are literary superheroes. This figure is likely an underestimate, as it was pulled from the F.B.I.’s Supplementary Homicide Reports, which gather data from local police departments, where homicide reporting is voluntary.
Dunne attributes the prevalence of domestic violence, in part, to a deep cultural misunderstanding of how violence operates. We assume that victims incite abuse, or that if the situation at home was truly threatening they would leave. Restraining orders, when filed, are thought to keep perpetrators away. And, if a woman fails to show up in court to renew a restraining order, the assumption is that the problem has somehow been resolved. “We now know that it means exactly the opposite,” Dunne told me. Here, you sum up the problem so clearly and simply. What process do you use when coming up with the nut paragraphs for a major feature? In this case, it was really that I was so ignorant and learning all this myself for the first time that I could just list my own assumptions and myths. I was the sort of the every-person reader. It’s much harder to do this now, because I know so much. But at the time, I literally had all these myths and assumptions up-ended by Dunne and Dubus, so I could just write about the ways in which I learned, the things that surprised me. I learned a trick from working on “This American Life,” that you should be able to fill in the blanks of this sentence: “The thing about XXXXX is XXXXX.” And I use that in everything I write now. It forms the basis of a nut graf for me. There’s the exterior organizing principle or subject of whatever the piece is about, but what is the internal voice of the piece grappling with?
In 2005, Dunne created the Domestic Violence High Risk Team, coordinating the efforts of her agency with those of local police departments, hospitals, state legislatures, and the courts to prevent domestic-violence homicide. The crisis center is funded by federal and state grants, private foundations, and fund-raising. Last autumn, the center received a four-hundred-and-fifty-thousand-dollar grant from the Department of Justice’s Office on Violence Against Women, in Washington, D.C., to help the high-risk team adapt its model to several other communities around the country. Vice-President Joseph Biden has championed the high-risk program; in October of 2010, at an event to mark domestic-violence-awareness month, he said, “We need to replace what we have been doing, and replicate this kind of success.” The high-risk team’s methodology is simple: it strives to prevent domestic-violence homicide by predicting when it might happen.
Suzanne Dubus, CEO of the Jeanne Geiger Crisis Center, holds a manual on Domestic Violence High Risk Team. The manual features a photo of Dorothy Giunta-Cotter, who was killed by her husband in Amesbury, Mass., in 2002. Bryan Eaton/Newburyport News
After Giunta-Cotter’s murder, newspaper editorials skewered the local police and the judge who had released William on bail; Bill O’Reilly, on his Fox News show, called for the judge’s resignation. Reporters sometimes shy away from writing about cases where much is already known. How did the notoriety of the case affect your choice of this story and your reporting? In this case, a lot of people had reported on Dorothy’s death, but not what came next, which is even more amazing — the advent of trying to predict domestic violence homicide. So I would probably shy away normally, too, but in this case it was the after story that mattered. Suzanne Dubus, the chief executive officer of the crisis center, convened a meeting between the district attorney and members of the police department, including Detective Robert Wile, who had taken Dorothy’s final police report, in order to analyze why the standard response procedures had failed. Suzanne is the sister of a close friend of yours. What impact did this connection have on your reporting and writing? What advice would you give to journalists whose personal and professional lives overlap? Yes, Suzanne is the sister of the writer Andre Dubus III, who has been a dear friend of mine for 25 years. The first thing I did was let my editor know how I’d come by the story and although I’d never met Suzanne, we decided to pull her role back a lot in the piece just to keep those aisles clear. I’m lucky because Suzanne comes from a family of writers and had zero problem letting Dunne take the lead — and the high risk team was really Dunne’s brainchild anyway. What I tell people is that you can use acquaintances to meet other people or find other sources, but people you know should never be a primary subject. Everyone appeared to have done his or her job correctly. The only real digression from protocol came from Dorothy, when she refused to return to a shelter. “This was our ‘Oh, shit’ moment,” Dunne said. The team had no plan besides offering shelter. “Shelter was our plan.”
Since the nineteen-seventies, shelters have been viewed as the best protection for battered women, but they can be profoundly disruptive. Most shelters in Massachusetts are single-family homes in residential areas, where victims and their children are allotted a room and share kitchens, bathrooms, dining, and living rooms with five to seven other families. Historically, boys older than twelve and pets have not been allowed in shelters, and most contact with friends or family, including a victim’s employer, has been forbidden. Dunne says that shelters are often, in effect, a “ticket to welfare.” Staying in a shelter may mean quitting a job and removing children from school, or being unable to care for elderly parents, or missing a doctor’s appointment. Shelters have saved lives, Dunne said, but the burden of change falls on the victim, not the perpetrator.
In the past decade, shelters and clinical-treatment providers have tried to better accommodate the needs of abuse victims. Many now allow teen-age boys to stay with their mother, and families to bring their pets; others permit contact with friends, family, and employers. But most shelters remain chronically underfunded, and advocates like Dunne are criticized for speaking out against the shelter approach. “It’s not a popular opinion to be putting forth in the domestic-violence world,” she said. This story took years to report, write and edit. How much did the published story reflect the initial pitch? Surprisingly, quite a lot. The primary narrative of Lisa Morrison changed, but otherwise all the high risk team stuff was in the initial pitch. I think I turned in a first draft at 9,000 words, and it ran at about 5,000. I wouldn’t pitch a place like The New Yorker unless I had a very solid sense of what the story was about, who I’d interview, where I expected it to go.
In 2003, Dunne attended a conference on domestic violence in San Diego, where she heard a talk by Jacquelyn Campbell, who teaches at the Johns Hopkins University School of Nursing and is widely recognized as the country’s leading expert on domestic homicide. In the nineteen-eighties, for her doctoral dissertation, at the University of Rochester, Campbell interviewed two thousand victims of domestic abuse in Dayton, Detroit, and Rochester, and sifted through police homicide files, looking for patterns. She found that half the women killed by their partners had sought help from the police or the criminal-justice system at least once, and that the single biggest indicator for domestic homicide was a prior incidence of physical domestic violence. The risk of homicide unfolded on a timeline, spiking when a victim attempted to leave an abuser, or when there was a change in the situation at home—a pregnancy, a new job. The danger remained high for three months after a couple split, dipped slightly for the next nine, and dropped significantly after a year. Campbell identified twenty risk factors for homicide, which she used to develop what she called a Danger Assessment tool. Some risk factors were obvious: substance abuse, gun ownership, a record of violence. Others were more specific: forced sex, threats to kill, choking. The sole demographic factor
Campbell identified was chronic unemployment; poverty alone is not a risk factor. Campbell then devised a weighted scale based on the risk indicators. A score of eighteen or more represented extreme danger; fourteen to seventeen was severe; eight to thirteen indicated increased danger; and anything less than eight signified variable danger. In San Diego, as Dunne listened to Campbell speak she realized that Dorothy Giunta-Cotter would have scored an eighteen. Whom did you interview besides Dunne to recreate this series of events? I spoke to Dunne, Dubus, and of course Campbell, but I also had written records. Dunne had taken copious notes, and Campbell has published widely on this. There are others in San Diego as well that I interviewed who didn’t wind up in the final piece.
Dunne and Dubus began to outline how they might use Campbell’s work to predict which domestic-abuse cases were most likely to end in homicide. During the following year, Dunne and her staff met with police officers in Amesbury and Newburyport; district attorneys; probation and parole officers; batterers-intervention group counsellors; and hospital representatives in order to devise a program that would identify potentially lethal cases. Their first meeting, in 2002, revealed that each department had operated in isolation. Neither the judge nor the hospitals were aware of Dorothy Giunta-Cotter’s history of abuse. The police knew about the restraining order against William, but the judge and the prosecutor handling the hearing didn’t have access to his file, or to Dorothy’s affidavit, which chronicled the two decades of abuse. “It’s in the cracks that murders happen,” Dunne told me. Her goal was to identify high-risk cases and create a plan of action to keep victims safe and out of shelters; the crisis center would serve as the central point of communication. In early 2005, the Domestic Violence High Risk Team began accepting cases.
One morning last fall, Dunne met with three staff members from the crisis center: Sara Hammond, a case manager; Kate Johnson, the community-services coördinator; and Connie Martyn, an advocate and a counsellor. It looks like you were there for this meeting? How did you balance your need for detail and access with concerns about confidentiality? I was listening in on a speaker phone, and then one by one I interviewed each of the three of the four folks in the room (Johnson, Martyn, and Dunne). I always, always overreport. But for this story, The New Yorker allowed me to check certain details with Dunne so that they wouldn’t compromise anyone. But before Dunne or anyone would talk to me about any particular case, they always, always have a written release from a victim — this is true even for the high risk team meetings. Remember, I reported on this story for just shy of three years; so I had lots and lots of choices in what to use. The day before, Lisa Morrison had called. She had first come to the center several years earlier, when she was married to a man named Glenn. (These are not the couple’s real names, and the details of the case have been modified slightly in order to protect Lisa’s identity. She was frightened at the prospect of being quoted; the details that were included are common to many of the cases that Dunne and her colleagues see.) Can you walk us through the process of deciding to give Lisa anonymity? Arduous! So, with The New Yorker’s permission (both attorney, head fact checker and my editor), I would read a detail to Dunne and she would tell me if she’d seen that detail in other cases, and then I could use it. This is some of the most careful writing I’ve ever done. Morrison’s story sounds specific on the page, but in fact… I purposely labored over everything. So, for example, we never learn her age; we never learn how many children she has, or how old they are, or where she lives or what her job is. Her ex is a vet, we learn, but I never refer to any particular conflict zone. So if you read her story, you’ll see that it’s both specific and sort of vague. I made them squishy (eg. “twisted her leg”), but in real life I had much more specific details.
Over the years, Glenn had pushed Lisa repeatedly, once shoving her into a wall as their children watched; on another occasion, he twisted her leg as she tried to run away from him. After a tour with the military, he was given a diagnosis of post-traumatic stress disorder. Lisa considered a divorce, but she feared his response; he was an alcoholic and had begun monitoring her whereabouts. Did you interview Lisa at length or is most of this through Dunne? Initially, it was all through Dunne. We wanted to see where the case would wind up as it went through court, and I didn’t want Morrison to have to stress about an article at the same time that she was worried about her own and her kids’ safety. But once her case went through the system — it took about nine months — I talked to her. The crisis center provided her with an attorney and a clinical social worker, and, two years ago, helped negotiate an end to the marriage. Lisa got a full-time job and now had a boyfriend, whom I’ll call Thomas. She maintained a cordial relationship with Glenn, who had visitation rights with the children every other weekend. But Lisa and Thomas had decided to move in together, and when Lisa told Glenn he began calling her repeatedly. When she stopped answering, he left messages warning that he would take his own life, that everything would soon be over, that he didn’t know what he was capable of doing. He asked Lisa to send him recent pictures of the children, and told her to take good care of the family. One day, he left more than forty messages.
Although Morrison’s case hadn’t made the high-risk roster during her divorce, Dunne and her colleagues were now concerned. Lisa’s children were due to spend the upcoming weekend, unsupervised, with Glenn. Pickups and drop-offs are particularly dangerous times for victims and their children. Several years earlier, a victim and her abuser, who had been divorced for years, met for a routine child visitation, and the ex-husband locked the children in the car, then bashed their mother’s face into a wall as they watched. Devastating detail — where did it come from? Yup. This is one that stays with me. It came from Dunne in a meeting.
Dunne asked Johnson whether they had grounds to suspend Glenn’s visitation rights. They didn’t, and Johnson reminded her that Lisa felt that the children’s presence would help Glenn control his behavior. Dunne asked if an unmarked police car could be stationed in front of Glenn’s house, but he lived outside the team’s jurisdiction. She asked whether there were guns in the house; no one knew of any. Reviewing the couple’s history, the team noted that Glenn was supposed to be seeing a psychologist but had stopped. Dunne and Johnson conducted a risk assessment using Campbell’s research, and Lisa scored an eight. She wasn’t in the most hazardous bracket, but Dunne knew that situations can change rapidly.
Dunne said, “This is really provocative behavior on his part,” and again argued that the team should find a way to stop the visitation. But Lisa didn’t want to file a restraining order, fearing that it would exacerbate Glenn’s erratic behavior, and there was no other legal recourse. So, on Friday afternoon, Lisa dropped the children off at Glenn’s house. On Saturday, Glenn stopped taking Lisa’s calls.
Alarmed, Lisa drove to the police station and filed a restraining order. The police went to Glenn’s house to serve him with papers, and Lisa retrieved the children and went home. Later that weekend, Glenn sent Lisa several e-mails in which he alluded to an impending death. The e-mails were a violation of the restraining order, so the police arrested Glenn, and held him in custody, pending what in Massachusetts is called a “dangerousness hearing.”
The dangerousness hearing is one of the most effective tools available to the high-risk team. A standard hearing determines bail based largely on flight risk. With a dangerousness hearing, even defendants who have clean records can be held until trial if they are deemed to be a sufficient threat to their victims or to their community. At the time of William Cotter’s threats to Dorothy, the statute was seldom used in cases involving domestic violence. Although many states have some version of preventive detention, very few advocates are aware of it, Dunne said.
Historically, such statutes have been used in gang or drug cases, though Massachusetts has seen a marked increase in their application to domestic violence. Viktoria Kristiansson, a legal adviser for AEquitas, a Washington, D.C.-based organization that supports the prosecution of violent crimes against women, noted that a dangerousness hearing “automatically provides a different context for a judge to analyze the evidence.”
Nevertheless, advocates have to contend with the difficult legal issue of preventive detention. “The Constitution tends to frown upon punishing prospective behavior,” Ronald S. Sullivan, Jr., the director of the Harvard Criminal Justice Institute, told me. Randy Gioia, the deputy chief counsel of the Massachusetts Public Defender Division, says that his office tries to fight dangerousness hearings because people who are held don’t benefit from the rights that someone accused of a crime would get at trial. He said, “Our system is set up to decide what happened as best it can; it’s not set up to decide what will happen in the future.”
Holding an abuser before trial provides victims with time to relocate, save some money, and seek counselling and perhaps find a job. Dunne told me, “We know that arrest, in and of itself, is protective. You’re trying to disrupt that escalating cycle of violence.” Before Dorothy Giunta-Cotter’s murder, Dunne said, the statute was employed “maybe five times in three years” at the local district court. She added, “Now we see an average of two a month.”
The day after Glenn’s arrest for violating his restraining order, he appeared at his dangerousness hearing. The judge ordered him held until his pretrial date the following month. Typically, offenders are held in jail, but because Glenn had a history of threatening suicide he was transferred to a psychiatric ward for evaluation. For Lisa, the team, and even Glenn, this offered the one crucial element that was impossible to adjudicate: time. What kind of conversations did you have with your editors about the need to protect Lisa versus the journalistic value of hearing Glenn’s side of the story? That was really stressful. I went up to New York and spoke with David Remnick. I’d never met him in person. He was, shall we say, alarmed that I hadn’t interviewed Glenn, but he sat for an hour while my editor, Alan Burdick, and I went through the past 30 months of reporting, and the particular danger women like Morrison are in. I remember telling him that the difference between, say, covering a war and covering domestic violence is that when a war ends, the sides need to figure out together how to rebuild society and community. War, in fact, has an end date. With domestic violence cases like Morrison’s, there is no end date. It’s like she’ll be forever in that highly charged war zone. He really got this. He really listened. Dunne’s team, through the courts, often requires that, as a condition of probation, abusers attend forty weeks of specialized group counselling. In the past two decades, batterers-intervention groups have proliferated. The first, Emerge, a counselling and education center in Cambridge, was founded in 1977; there are now fifteen hundred nationwide.
David Adams, a co-founder of Emerge, told me that abusers seldom appear to be angry people, because they reserve their anger for the partner or the partner’s immediate family. “The average batterer is more likable than his victim, because domestic violence affects victims a lot more than it affects batterers,” he said. “Batterers don’t lose sleep like victims do. They don’t lose their jobs, they don’t lose their kids.” In contrast, “a lot of victims come across as messed up.”
Often, victims are substance abusers, or they live in extreme poverty. Many have suffered traumatic, abusive childhoods. These cases are the most difficult to prosecute, not least because the victims can be unreliable witnesses. “This is why batterers are so often able to fool the system,” Dunne told me. “They’re so charming, and the victim comes off as very negative.”
Batterers-intervention groups typically provide the court with information about an abuser’s compliance and willingness to change. They file a monthly report with probation officers and are in regular contact with victims about a batterer’s participation in the group. “We can be the eyes and ears of the court,” Adams said. “Victims are trying to make decisions about staying or leaving; if she’s hearing back from us that he’s still blaming her, that’s useful to know.”
In addition to preventing abuse and intimidation, intervention groups try to help an abuser recognize his own dangerous tendencies. One day, I had lunch with a man who had been ordered by the court to complete Adams’s program. He admitted that he had lied to his group the night before about drinking alcohol—a violation of his probation. Yet he told me that the program had helped him. “When you find yourself in a class like that, you can’t lie to yourself about the decisions you made,” he said. “My life has taken me to a point where I can’t tell myself I’m not that bad.” How did you feel having lunch with this guy? Did he ask you for anonymity? Actually, he didn’t. His name was Chris. I was a little nervous, but I did safety planning. I drove my own rental car and met him there. I told my editor and my husband where we were eating. We sat at a table outside. I wasn’t really too nervous. It’s the guys who’ve killed that make me a little nervous, even if they’re in jail. A week after Lisa Morrison’s case came to Dunne’s office, the high-risk team gathered for its monthly meeting at the police headquarters in Newburyport. The meeting brings together Dunne and Johnson, from the Jeanne Geiger Crisis Center; Wile and other police-department representatives from Amesbury, Merrimac, and Newburyport; parole and probation officers; an Essex County batterers-intervention group; and a nurse from the local hospital. The cases are referred largely by the crisis center or by one of the local police departments.
Fewer than five per cent of the cases from Dunne’s center make it onto the high-risk roster, but, once they do, a response strategy is put in place. Because each office has slightly different legal restrictions, one challenge is to maintain a client’s confidentiality. The district attorney’s office can share basic information about a case, such as a pending court date, but nothing more. Probation officers can suggest terms of supervision, which might include measures like drug and alcohol testing or psychiatric counselling, but they cannot disclose anything about an offender’s private life—a job, where he lives, the results of a drug test. Parole officers can provide information only about when an abuser is on or nearing parole. Dunne and the crisis center can discuss cases with the team only after getting written permission from the victims. How did you gain access to these meetings? What kind of conditions were set in advance? It took so many months! Dunne went to each office and asked their permission and their conditions. The hospital said under no circumstances could I quote their rep. Probation and parole said they wanted to know what quotes I’d use in advance. The police were like, “You can use anything we say at all, no conditions!” I had to keep track of who everyone was in every meeting. I tried to interview everyone separately, too, even if it was just on background. Too many young reporters rely on email to contact people, and phone to do interviews. Huge mistake. You’ll never bring your work to the next level if everything you do is by phone. I go in person whenever and wherever I can. I want them to see I’m not an enemy of the people.
Dunne’s office now sees police reports on the cases that the center has accepted, and they are often chilling. In one report, a woman told officers that her husband “made threats to me in the past about killing me, putting me in the chest freezer, and then taking my body out onto his boat and chumming me into the ocean. He also stated that he could kill me and put my body in his septic tank.”
As team members went down the list of cases, they looked for changes that might indicate trouble: a victim’s attempt to leave, an abuser going off probation or parole, the violation of a restraining order, the loss of a job, an incendiary Facebook post. In one case, a man assaulted his partner on the way to his batterers-intervention meeting, and was arrested again. In another, a man who had tried to stab his wife with a fork and then threatened to kill her was arrested and held without bail; he had a history of violating restraining orders and probably would be monitored by G.P.S. upon his release from prison. (Domestic abusers violate restraining orders forty per cent of the time.) One team member noted that the G.P.S. was not likely to stop the man. Dunne said the crisis center would try to make sure that the charges weren’t dropped, and organize a plan of action when he was released, in eighteen months.
Team members reviewed their options in each case. Police officers can conduct extra drive-bys or home visits to check for signs of unusual behavior. In Massachusetts, as in most states, if the abuser has a gun it can be confiscated when a restraining order is issued. Time can be added to an abuser’s sentence by combining domestic-violence charges with other criminal charges, such as theft or the possession of illegal drugs. Visitation with children can be supervised or suspended, or the judge can refer cases to the crisis center’s attorney in order to craft visitations that take into account the individual risks.
The team also helps victims find transitional housing and free legal assistance. Team members work with clients to improve their safety; this can involve rehearsing emergency situations, erasing their profiles on Facebook, Twitter, and other social-media outlets, and even changing daily habits, such as where they shop or the route they take to work. In rare instances, the team places victims in a kind of state-sponsored identity-protection program, in which the residential address is kept secret and mail is delivered to a post-office box.
All but seventeen states have passed or introduced legislation to allow the use of G.P.S. in cases of domestic violence. If an offender enters certain “exclusion zones”—ranging in size from a few blocks to an entire township—an alert is sent to the local police and an arrest warrant is issued. “We contain the offender so the victim doesn’t have to be contained,” Dunne told me. The clarity of your prose in the article enhanced its power. How much of this style reflects your own voice, the subject matter or the editing and approach of The New Yorker? Alan Burdick was an amazing editor. He did, as he called it, polish the piece, but the arc, the structure, the rhythm, that’s all me. The New Yorker is such a writer’s house; they actually care about what a comma does to the auditory quality of a sentence versus a semicolon. That’s my kind of geekdom, too. I love it. The Morrisons were the final case of the morning. Some troubling facts had emerged. Before Glenn entered the psychiatric ward, he had repeatedly called Lisa’s boyfriend, Thomas; one morning, he drove to Thomas’s house and parked his car out front, where he sat for hours. Moreover, Dunne and her team had learned from Lisa’s counsellor that Glenn had been released by the ward; strict confidentiality laws had barred the hospital from informing them or the court. But, by the time of his pretrial hearing, he had been readmitted and the case was extended to the following month. In the meantime, the police had begun stopping by Lisa’s house once or twice a day to walk around and make sure nothing was amiss. Dunne was frustrated by the gaps in the system, but by now nearly three months had passed and, statistically, at least, Lisa and her children were safer. “Think about where we were originally,” Dunne said. “What increases safety is you go from no containment options to all kinds of people having their eyes on this case regularly, so if there’s any escalation there’s an ability to react.”
Late last fall, just before his upcoming court date, Glenn broke his restraining order again and followed Lisa in her car. He was charged for the second time with violating an order. Finally, eight months after the first call came in to the crisis center, the court gave Glenn eighteen months’ probation and required him to attend psychiatric counseling. Visitations with the children could continue, but only under third-party supervision.
In the Morrison case, Dunne’s team managed to intervene while the situation was still in the misdemeanor phase. Without the high-risk team, Lisa told me, “I honestly don’t know if I would be where I am.” But she and Thomas feel uneasy much of the time: “We say to each other, ‘Always be on the lookout.’ ” Unlike other crimes, in domestic violence the abuser maintains a presence in the life of his victim, and remains a potential threat, especially when children are involved.
I spoke to a woman whose husband had abused her for years. At one point, he threatened to slit her throat with broken CDs. She is divorced now, lives in a secured, secret location, and has a lifetime restraining order against him; he is not allowed to enter the town limits. Finally, she feels safe enough to go jogging—but she would not speak on the record, fearing that he would somehow find her and retaliate. How did you convince victims to talk to you? How did you gain their trust? Time, time, and more time. Also letting them know I understood the complexities of domestic violence. I wasn’t going to judge them for not leaving, or for going back. And I always put my recorder in front of them so they have control over stopping it to go off the record. She said that “the only way to describe what happened to me is like part of me died. It was just about survival.”
In the decade before Dorothy Giunta-Cotter’s murder, in 2002, a domestic-violence-related death occurred nearly every year in Amesbury. Since the formation of the high-risk team, in 2005, Dunne has not had a single case end in homicide. As a woman who cares about this issue, and who has now written a book about it, how do you draw the line between journalism and advocacy? I think that’s an easy one, actually. A lot of journalism is simply investigating where systems break down, what’s not working in society. That’s our responsibility as journalists. But we’re not policy makers. I can’t write or pass legislation. I can’t change the way a crisis center works. All I can do is tell stories to improve those systems and policies, or to hold leaders accountable. “When I listen to the stories of the victims who have been involved with the high-risk team, there is no question that many of them would have been killed,” Mary Lauby, the executive director of Jane Doe Inc., a domestic-violence advocacy organization in Boston, told me. Of the offenders now monitored by G.P.S., not one has committed another act of domestic violence; nearly sixty per cent were held before trial using a dangerousness hearing. Dunne also notes that, of the hundred and six high-risk cases documented in the team’s most recent report, only eight women were forced to seek refuge in shelters. She estimated that, before the formation of the high-risk team, ninety per cent of similar cases would have resulted in the women’s going into shelters.
Dunne and Wile have trained more than five thousand people from thirty states, including three thousand in Massachusetts. Groups from California, Louisiana, Florida, Illinois, and more than a dozen other states have contacted them. Framingham, Massachusetts, was the first to replicate the high-risk team based on Dunne’s model. Mary Gianakis, the director of Voices Against Violence, a Framingham crisis center, and a lead member of the area’s high-risk team, told me that, previously, shelters were the primary resource available to victims. “Now we can say, ‘Look, we’re going to bring the full power of all these resources to keep you safe and monitor your partner,’ ” she told me. To Suzanne Dubus, the need to create a model in which victims are protected, rather than isolated, seems obvious. “Here’s the outrage,” she told me. “It’s really cheap to do what we’re doing. It’s a lot cheaper than murder investigations and prosecutions and jail time.”
In terms of structure, you circled back to Dorothy to end where you began. How did you decide what information to put at the beginning and what to hold until the end? Actually, I wanted a different end, in a scene with Kelly Dunne in her office. I fought for it and lost. That scene now ends my book! But with Dorothy, what I wanted was the ripple effect of her death, how it rang like a bell through the police officers who were there that night, and into the advocates and judges and everyone else involved in her case, and eventually someday even me. So my focus was on what her death meant in terms of preventing other deaths, but also how those present that night went on living, but never forgetting her. And I end with her own voice, her own prediction, which is immeasurably haunting in the context because we know now she’ll be dead within days of having said this.
In their training sessions, Wile and Dunne walk through the timeline of Dorothy and William Cotter’s relationship. The violence began within a year of their meeting; each time that Dorothy threatened or tried to leave, William increased the degree of abuse—what experts call “retribution violence.” In 1996, she married him, a fact that often baffles Dunne’s trainees. “It’s counterintuitive,” Dunne says. “He strangled her, held her hostage. Why would she ever marry him?” But, she adds, “William showed her he would never let her go. So she thinks if she marries him he’ll get less violent.” In its way, it was a rational response to a support system that offered her little means of escape; her final attempt to leave failed when her request for a restraining order in Maine was refused. “We give them this message that the system won’t protect them,” Dunne says.
One evening, I drove around Amesbury with Officer David Noyes, who had broken down Dorothy’s door on the night of the murder. In his cruiser, we passed open fields and low-income apartments near the baseball diamonds of Amesbury Town Park, lakeside mansions, and the Amesbury Golf and Country Club. Green Street, where the Cotters lived, is a single block of lower-middle-class homes built so close together that there is barely room for someone to squeeze between them.
Noyes parked in the small lot beside Dorothy’s old house. A tricycle was on the lawn next door. Noyes said that it was so quiet when he and his team first arrived that he walked around the driveway with the other officers trying to figure out if they had the right house. Then he heard Dorothy: “No, he’s gonna kill me!” Noyes ran up the front stairs, and he heard her struggling with the door lock and the sound of William hitting her several times. When Noyes broke in, Cotter fired, and Noyes was blinded for a moment—a sawed-off shotgun emits a dazzling muzzle flash. Then he saw Dorothy fall. “I had trouble sleeping for years after, ” he said. What made you decide to tell this part of the story from the police officer’s point of view? Simple: he was there. He saw the muzzle flash; he saw her body fall. He could talk about that moment and how it haunted him.
Dorothy was thirty-five years old. In the days before her death, she had told Detective Wile that if she and the girls moved to a shelter William would find them and kill them all. She attempted to avert the worse of two terrible outcomes: the loss of her daughters’ lives along with her own. “If I’m over there,” she told Wile, referring to her house, “there’s a better possibility that it’s just going to be me.”
When did you realize that you had the seeds of a book on this topic? Honestly? Right away. This piece covered the formation of the High Risk Team, but there was so much more I began to learn about domestic violence. I talked to my editor about this being a book the whole time I was working on this piece. It just took me a while to figure out how to tell that bigger story, how to structure the book. But I finally figured it out five or six years down the line.
Rachel Louise Snyder is the author of the books “What We’ve Lost Is Nothing” and “Fugitive Denim.” She first contributed to the magazine in 2013.
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“Companies in highly competitive industries—such as retail and consumer products — often spend between 5% - 10% of their net revenue on marketing.”
You might be spending hundreds of thousands of dollars, if not a significant chunk of your revenue in creating an attractive and conversion-focused marketing strategy for your website.
This is certainly needed in today’s competitive marketplace, but what if your ecommerce website fails to provide a simple, intuitive and attractive experience? A clunky, complicated and error-filled website will only put all the effort and investment in marketing initiatives to waste.
The user interface and the user experience goes hand in hand for any ecommerce. It is often one of the main reasons contributing to the failure of a company’s marketing strategy. If you offer a visually appealing, intuitive and user-centric site UI / UX, first-time customers are much more likely to purchase and become returning ones, leading to increased sales - it’s as simple as that. The best ecommerce UI and UX designs have multiple components working in harmony to help visitors navigate a site and complete a purchase in the most efficient manner.
So, how can you improve your ecommerce UI and UX? In this article, we look at 8 proven and effective methods you can use to optimize and offer a better online experience for your customers.
UI elements are the fundamental blocks of visual communication between an online business and a user. Every single UI aspect, from the font, colour, shape, pattern, and texture form parts of the visual language spoken between the two sides.
An ecommerce website needs to combine all the above elements effectively to create an optimal environment for sales conversion. Think carefully about how you design and employ the various UI elements and where you position them on your website.
2. Keep the consistency in your UI/UX design
In general, you should always try to maintain the consistency of your UI and UX design, because it helps customers understand how you are communicating with them. In this way, they will be accustomed to the methods of navigating through your site, and can easily identify with your brand.
Taking a call-to-action (CTA) element such as an add-to-cart button as an example, consider the consistency of its implementation:
UX: Does the button work the same way for all products. If it doesn’t, why not?
This is a common recommendation that most UX experts tell you, but what does “simplified” and “intuitive” actually mean in the context of an ecommerce store?
To make the user experience simplified, it’s all about making things easy and effortless for the user to reach his goal - find the product he wants and pay for it. Meanwhile, an instinctive experience is one that the user finds to be natural, and without doubt of the steps involved in the process.
The navigation of a website and the checkout experience should be as smooth as possible, ensuring that the user knows how to find the product he or she wants and purchase it with ease.
Here are some tips:
Regularly check for broken links and 404 errors, along with other common UI/UX errors.
Avoid lengthy sign-up forms and steps for visitors to successfully register or make payment. As an e-commerce site, you don’t actually need to know their phone number, what kind of work they do, and other minor details.
Make CTA buttons stand out - they help in generating higher conversion rates and improving site usability.
4. Make Search your sales assistant
The search function is the best place to start the improvements of your online store. It is absolutely essential for online stores to have this functionality, especially for those that have a wide assortment of products.
In particular, the search bar is a commonly used feature by visitors of an ecommerce store, whether they are first-time or returning customers. The search bar’s role is to help customers to quickly find what they are looking for, thus making their shopping experience more satisfying rather than full of frustration.
A great example is Amazon.com, where its search engine includes predictive search, autocomplete, and refinements based on features, category and popular searches.
Making suggestions on related items throughout the shopping journey not only helps save the customer’s time, but also helps increase revenue and customer retention on your ecommerce store. An example is a website that provides recommendations of batteries, accessories and peripheral products when a buyer is purchasing a laptop.
Personalized product recommendations guide users to the right products and allow them to discover new ones, thus, potentially, increasing their average order value and creating a better user experience. It’s like having a customer representative giving product suggestions.
One of the best ways of implementing product recommendations is by referring customers to “best seller” or “trending” items. These work well because they offer social proof. It makes customers aware of the most relevant items in the market — if other people are buying those specific products, it must be for a good reason. Everyone wants to be part of a trend, or to buy the product with the greatest value.
Another useful feature to have are recommendations to up-sell and cross-sell your products. To up-sell, you can show visitors similar products of higher quality. To cross-sell, you can showcase complementary products that can enhance the product experience. For example, a parent who is searching for a baby mattress may not be aware of mattress protector options, which could then become a highly desired product for their purchase.
With more and more people shopping on their smartphones and tablets, it’s crucial that your ecommerce website is designed for mobile devices. That means having a responsive design that looks great on all screen sizes, and making sure your site loads quickly on mobile networks.
The key to the success of an ecommerce as it relates to the mobile user experience is simple: if a website offers a great mobile experience, users are more likely to make a purchase.
Here are some points to consider:
Does your mobile commerce require flexibility in front-end customizations, without the need to make significant changes to the rest of your ecommerce platform? There are various solutions in the market such as headless commerce which can meet your needs.
New screen sizes are born each year, so it’s more important than ever to keep up to date and consider the pros and cons of responsive vs adaptive design.
Another place to start when looking to improve your ecommerce user experience is to get feedback from your customers and target audience. However, it is important that you formulate the right questions.
Firstly, you need to be specific because you do not want feedback that is vague or does not serve your needs. You also want to ensure that the questions are catered to the right audience, whether they are first-time visitors to your side, returning customers, etc.
Some questions that you might consider asking:
Did your customers find any problems with the website? If yes, what were they?
How much time / effort did your customers spend to perform a specific task?
Did they manage to find what they were looking for?
How likely are they to recommend your website to others?
Equally as important as designing the best UI and UX for your ecommerce, is to ensure that it is working correctly and as expected at all times. There’s always the likelihood of an error occurring, whether in the visual or functional aspect of an ecommerce website.
There are a number of ways to monitor the UI/UX performance of an ecommerce store.
Investigate web analytics and user feedback to constantly adjust and make improvements.
Evaluate the web vitals of your website, such as page loading speed, accessibility, SEO, etc.
Perform visual testing, preferably with automated tools that can proactively monitor the accuracy of both the appearance and functionality of your site. Visual testing provides online brands a way to quickly identify and isolate UI/UX errors, which if left undetected can leave a permanent and devastating impact to the business.
Designing and maintaining an optimal UI and UX is one of the most important things to consider for any online business. Good user experience will attract users, retain them, boost sales conversions, and consequently increase customer trust and loyalty.
By following the recommendations and best practices above, you can start to see the benefits of improving your ecommerce website UI/UX. It cannot be overstated how important the online user experience is to your overall business, so it’s worth investing the time and effort to get it right.
If you are not sure how to get started, get in touch with us on our contact page or at hello[at]valido.ai for an audit of your ecommerce and to explore the other features that Valido has to offer.
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Fresh off a $2.6 million investment round, Ames startup PeachPay is streamlining the online checkout process
For the past two years, Ames startup PeachPay has been working to streamline the online checkout process for both merchants and customers. Founded by Aaryaman Anerao, John Jago and David Mainayar, PeachPay is a plugin that WordPress users can add to their website. The PeachPay button will appear on the website's product, cart, and checkout…
March 8, 2022
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A central Iowa ag-tech accelerator has secured more backers and finally has a name. The Greater Des Moines Partnership first announced the accelerator last year, naming four initial investors. On Monday, the Partnership said the program will be called the "Iowa AgriTech Accelerator" and named three new investors. The new investors include Grinnell Mutual, Kent Corp. and Sukup Manufacturing, all Iowa companies. They join investors Deere & Co., Peoples Co., Farmers Mutual Hail Insurance Co. and DuPont Pioneer. Each investor has agreed to put up $100,000 for the first year of the accelerator. Startups entering the program will receive $40,000 in seed funding in exchange for 6 percent equity. Tej Dhawan, an angel investor and local startup mentor, is serving as interim director until the AgriTech Accelerator names a permanent leader. Dhawan held a similar role with the GIA before Brian Hemesath was named as managing director. As interim director, Dhawan said his main job includes hiring the accelerator's executive director, establishing a business structure and initial recruiting for the first cohort. The accelerator will place few filters, such as location and product, on the applicant pool, Dhawan said. "When you’re seeking innovation, innovation can come from every corner of the world so why restrict ourselves," he said. One area the the AgriTech Accelerator won't recruit from is biotech. For its first cohort, the AgriTech Accelerator will work out of the GIA's space in Des Moines' East Village, Dhawan said. A future, permanent home is still to be decided. The accelerator's program will host startups from mid-July through mid-October, ending with an event connected to the annual World Food Prize. The GIA, which the AgriTech Accelerator is based on, also ends with presentations at an industry event. The accelerator has also started lining up a mentor pool. The Iowa Corn Growers Association, Iowa Soybean Association and the Iowa Pork Producers Association have agreed to provide mentors, as has Iowa State University. While the AgriTech Accelerator is loosely based off of the GIA, it will differ in its business structure, Dhawan said. The GIA runs through a for-profit model for both operations and its investment fund. The AgriTech Accelerator will have a nonprofit model for its operations and a for-profit setup for its fund. Dhawan said the nonprofit model is being used so the accelerator can better work with other nonprofit partners, such as trade associations. "These are all organizations that are nonprofits and can be amazing stakeholders without ever having to be investors in the accelerator," he said. "It becomes easier to work with trade associations in their nonprofit role when we are also a nonprofit." When it's up and running, the AgriTech Accelerator would be one of a handful of ag-focused startup development programs in Iowa. Others include the Ag Startup Engine out of Iowa State University and the Rural Ventures Alliance from Iowa MicroLoan. Matthew Patane is the managing editor and co-founder of Clay & Milk. Send him an email at mpatane@clayandmilk.com.
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This interview is a part of Shared Justice’s Series, Voices of Youth Diversion. This series looks at ways that community organizations, in partnership with state and local governments, are working together to rehabilitate youth and reduce the harmful impacts of youth interaction with the justice system.
Emily Fromke: Could you share a little bit of your personal story and how you became so passionate about youth justice?
Iliana Pujols: I am now at the Connecticut Justice Alliance; this was my first youth justice related position. I’ve been here since I was 19. I was introduced to the Connecticut Justice Alliance because I was expelled from high school my sophomore year and ended up at an alternative high school. When I graduated, the lady who ran the program had a really good relationship with my job, the Alliance. At the time the Alliance was doing work around girls in the system and they were putting together a “girls report.” They planned on hosting a huge event at the Capitol, having a panel, all kinds of things, none of which I’ve done before. And I thought, “Oh OK, well, these people want to pay me for my time to interview me; About my experience in the system, let me just go do it.” Long story short, that happened to be at the same time that the Alliance was beginning their youth-adult partnership in which they created the Justice Advisors. They are essentially a group of directly impacted young people who work alongside the Justice staff in our mission to end the criminalization of kids.
I started showing up meeting after meeting, and little by little, I started becoming interested. I started learning about recidivism and the different rates at which kids are getting arrested in different towns and getting pushed out of schools: all the things that I didn’t know before and thought,“OK, this is actually interesting.” [sic].
And fast forward a little bit longer. They were hiring for somebody to oversee the work of the justice advisors. They offered me the full time job and I ended up taking it, and since then have evolved in this field of work. I’ve signed up for tons of fellowships and opportunities, and I’ve worked with multiple organizations. It’s just kind of taken off since there.
When I was younger, I was arrested multiple times between the ages 12 and 18. The first time I was arrested, I was turning 12. So between the age of 12 and 18 I was on probation all six years and probably arrested more than 10 times. The only thing I’ve never been is incarcerated. I’ve been on house arrest and probation as well as in the court house.
EF: You have experienced all these things that we’re talking about personally and you still work with people who do?
IP: The goal of the Justice Advisors is to only hire people who have been in the system.
I can’t bring you in if you’ve never been on probation: if you’ve never been in the back of a cop car or put in the middle of a courthouse; if you’ve never had to correct yourself on trial, if you’ve never been incarcerated, or any of those things. We figured it makes sense to work with those who have experience with that.
We talk a lot now about [this model] as not just something of interest in the youth justice or the child welfare space, but it should also be an interest in the housing or drug addiction space. Anything it is, there should always be somebody working in those positions who can relate.
EF: Could you talk a little bit more about addressing the root causes of youth criminalization rather than just resorting to youth probation?
IP: When we started the Justice Advisors, we were a very small team, maybe six people. We knew that we didn’t speak for the entire population of kids who have been impacted by the system. We needed more people, so we started doing these things called Vision Sessions. That’s pretty much where we go into a facility or a program or community space and we have conversations with people, primarily those who have been impacted and straight up ask them: what could have kept you out of the system? Where did the system fail you? Where do you need support? What led to you being in this situation? We did almost two years worth of Vision Sessions. From this, we identified seven root issues, essentially all of them being rooted in bias or racism in some way. For example: lack of trust in the system or abuse of authority. Kids didn’t have any hope, so lack of hope. Lack of trauma being addressed in communities and trauma being caused in communities, economic instability, housing instability, and forgetting the need for equal opportunities. Long story short, we had the larger conversation about if we want to prevent crime, if we want to reduce crime, if we want kids to know how to be emotionally intelligent or whatever it may be, we have to address these areas. We’re making sure that we’re always bringing the conversation back to addressing those root issues if we’re ever going to get to a point of solving the larger issues we’re seeing in the justice system.
EF: For our readers who might not be so familiar with the term, could you talk about youth diversion and explain how these programs have the potential to rehabilitate youth?
IP: I think when a lot of people talk about youth diversion, they automatically talk about the preventative measures (so how to keep a young person away from entering the system). That might look like juvenile review boards or youth service bureaus, where instead of referring a kid to the court, they might put them through peer mediation, or they have to write an apology letter or they have to have a restorative conversation with the person they may have caused harm. Other preventative measures look different in other spaces; for example, schools might have credible messengers staffed in the schools, which are essentially people who have been impacted by a system and are now contributing to their community or supporting others by sharing their personal experiences to make sure that they don’t repeat the same path that they did. Some of the areas where diversion programs could be more heavily implemented could be for the kids who commit the most serious crimes. I don’t say, “Let’s not take a kid who committed murder and put them in a space where they might be disconnected from society for a bit.” I’m saying I have an option other than jail. For a kid who committed murder or rape or whatever it may be, why do we not have diversionary programs for those kinds of kids? That just means that they need more intense care. There are larger issues to be addressed, but it’s not something that’s often addressed. Essentially diversionary programs are aimed to keep a child out of the system.
EF: You personally have overcome many challenges to get where you are today as a policy director at the Connecticut Justice Alliance. What would you say has most helped you to overcome those challenges and allowed you to have those opportunities?
IP: I’ve always dedicated my “success” to my alternative high school. If I didn’t have a face that taught me what it meant to be resilient, what it meant to lead with integrity, what it meant to have purpose, to have respect for yourself and others, I probably wouldn’t be where I’m at today. If it could be one personal tool or something other than myself, I think it would be building relationships. I wouldn’t have the opportunities that I had if I didn’t go out and build relationships and challenge myself to learn more. I do that because relationships are important and wanting to build more means having to build more relationships.
EF: One thing I’ve noticed recently in the youth justice advocacy world is that there’s been a push to remove the word “juvenile” from different organizations’ vocabulary. I was wondering if you could talk about this trend and how the words that we use to talk about people and public policies matter.
IP: I think when you hear the word juvenile, you automatically get some sort of bad taste in your mouth. It automatically refers to juvenile delinquency, whether some people use it to categorize kids as general or a specific type of kid. I think my biggest issue with it is the media. Often you’ll see a kid of color might commit a crime very similar to a suburban white kid, but the black kid will be called the juvenile, and the white kid is just a teenager. You have teachers who refer to kids as juveniles all the time, and those kids automatically associate that with a negative thing. If you’re constantly calling a kid a juvenile, they’re going to go ahead and act like one, so just be conscious of how you describe certain kids. I think this leads to the larger conversation of the kinds of kids that they tend to push out of schools.
EF: Speaking from your expertise, how can we end youth criminalization? Are there any states in particular that you could point to that have reformed their youth criminalization laws in a way that other states should follow?
IP: I don’t think there’s any one way. I think a simple way to say how we get to a point where we end the criminalization of young people is by addressing the root issues that are leading to crime and trying things outside the box. I think a lot of states get caught up and not wanting to lead the way in something different. Connecticut has been considered a state to pave the way in a lot of youth justice reform and has been very successful in doing a lot of things in terms of shutting down our largest youth prison. We have a lot of smaller facilities now. The judiciary is working on being more rehabilitation focused. I think we do have to get out of the regular practice of incarcerating kids (transferring them to the adult system at ridiculously young rates). There are a lot of states that have different good practices. States that have higher minimum ages of adult transfer are a great example, or states that actually have set minimum ages of arrests. All of the states, although I can speak specifically more to Connecticut, need to do a better job at thinking outside of the box of how we’re addressing crime.
EF: The Shared Justice community is made-up of young Christians who are passionate about seeking justice in their communities and in the world. What advice would you give to young adults who want to get involved in advocating for youth justice in their communities?
IP: Identify organizations that are already doing the work and support those organizations. Get as many people as you can to support those organizations. A lot of people think it’s a great idea to start a new initiative that is essentially just reinventing the wheel. That happens to create a lot of silos or separate initiatives when we could all be kind of collaborating on one. Read a lot. Reading a lot helps with understanding how to ask questions. You will never know the answer if you do not ask the question. This world of work can be very confusing, and it can be intimidating when it doesn’t need to be.
EF: Is there anything that I haven’t asked you that you wish I had asked, or that you just want to share or talk about?
IP: I think a big piece that is important when we talk about reforming any part of the youth justice system is the political piece: needing to get politically involved, needing to vote, needing to participate in public hearings, needing to talk to your legislators. Legislators listen to their constituents most of the time. I can’t speak for every state, but getting involved in the legislative process is probably one of the most boring and important things you need to do if you want to change any part of the system. It’s a long process and it’s slow. That’s where most of the change has to happen.
Caroline Tichenor: Do you think it would be more important to focus more on the local policies or to look at more of a national or statewide scale?
IP: I think local is more important. I say that because it takes even longer to push federal policy. Even if you change the law federally, that doesn’t mean it’s going to trickle down to all the states the same. Implementation is a thing that a lot of people don’t pay attention to. It’s cool and pretty easy to support federal work in ways that you can: writing testimony, signing petitions, whatever. But definitely a focus on the state level/local work would make more sense. If a lot of states do something, that might catch national attention anyways.
Madeline Pannell: What’s something you want these youth advisors to know who have gone through the system and who are then talking to other kids who are potentially involved in the system as well?
IP: When we lead in our work at CTJA, I always try to give them as much information as possible before they even go and explore these conversations. These are not easy issues to talk about. Our focus is always giving the young people not only the professional skills, not only the soft and hard skills, but also giving them the personal stuff. You might just need support in public speaking and owning your confidence and what it means to tell your own story and how to protect that story and protect others who might be involved in that story. We’re giving them as many tools as possible to not only do the work professionally, but also be personally okay while they’re doing it. Giving young people as many tools as possible to make sure they’re protecting themselves while also being able to do the work in a way that’s healthy for them [is important].
Iliana Pujols is the Policy Director at the Connecticut Justice Alliance. She is a founding member of the Justice Advisors and currently serves as a member of the 2021 World Congress on Justice with Children Child and Youth Advisory Group. She is a frequent panelist for national organizations, speaking to her expertise around youth and young adult partnership and advocacy based on her personal experiences and professional success.
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1. Sign up to receive Shared Justice’s monthly newsletter and stay up to date on the latest content, resources, and highlights.
2. Write for us! To learn more about writing for Shared Justice, email emily.fromke@cpjustice.org.
3. Form a Political Discipleship group to practice meaningful political engagement in your community. The Center for Public Justice’s Political Discipleship is a guide for active Christian citizenship, designed to empower people with skills and tools to shape policy and address inequality and injustice in their communities. To learn more about starting a group, visit our website or contact emily.fromke@cpjustice.org
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Recent Posts
Church, Creation, Care: Grace Capital City & the Call to Steward the Earth
What is Environmental Justice? What Christian Citizens Should Know
Courage and Collaboration: Howard University Juvenile Justice Advocates
Church, Creation, Care: Grace Capital City & the Call to Steward the Earth
Grace Capital City Church pastor Jessica Moerman and Operations and Justice Director Hannah Martha Cohen Banks join Emily Fromke to talk about their Creation Care Ministry and how the Church can encourage Christians to care about God’s Creation.
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While ensuring a 100 percent clean energy economy and removing all man-made greenhouse emissions by 2050 is no small task, the state of our environment calls for immediate, even ambitious action. Youth in particular are aware of this, and they are taking a stand.
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What is Environmental Justice? What Christian Citizens Should Know
Although there is a growing number of Christian environmental justice advocates, there are still many Christians who misinterpret or are simply unaware of this relatively new term. Environmental justice is often seen as a less important issue compared to other social issues that plague our society, and, thus, is tossed to the side. However, comparing environmental justice to other social issues is faulty because it largely intersects with each of them, as well as with the Christian faith.
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Courage and Collaboration: Howard University Juvenile Justice Advocates
There are many problems plaguing the youth justice system, including faults in the probation system, high levels of recidivism and lack of access to resources for low-income and minority youth. However, one problem that is seldom discussed and has a significant impact on youth is the use of detention centers. The Juvenile Justice Advocates at Howard University are an excellent example of how advocacy can make a difference in the lives of detained youth.
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Bridge the Gap: An Interview with Jeff Williams
Jeff Williams, Acting Executive Director of Foundation of HOPE in Pittsburgh, PA, joins Emily Fromke in a discussion about community renewal and youth diversion programs in Pennsylvania.
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Texas alone cannot address the issues contributing to the violent behaviors of youth landing them in correctional facilities and the recidivism that results when they return to the same social groups and environments where they developed these behaviors. Families, communities and churches all have contributions to make.
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I’ve heard from quite a few readers lately that impulse spending is something they struggle with and that, more often than not, these impulsive purchases derail their budgets. In mulling this over, I realized that Mr. Frugalwoods and I have instituted a few measures in our own life to curb impulse spending and so I thought I’d share them with you today. In many ways, our culture is specifically designed to encourage impulse spending. But we frugal weirdos can fight back.
We live in an ultra-speedy world. Everything is convenience-oriented and super fast and immediately available. Through apps and drive-throughs, we’ve essentially eliminated the art of delayed gratification.
And this is especially pervasive where shopping is concerned. Retailers have figured out that the easier they make it for us to part with our money, the more likely we are to do it–over and over and over again.
Free shipping (ahem, Amazon Prime… ), immediate shipping (ahem, Amazon Prime again… ), and recommendations of “things you might like” inundate us and wear away at our frugal resolve. And that’s just online! In stores we confront tantalizing displays of scrumptious goodies we didn’t even know we needed–but now we NEED them. Or at least, that’s what marketers want us to believe. But I think we all have quite a bit more self-control.
The speed at which our desires can be fulfilled is unique to our modern, consumerist culture. The fact that you can order something on Amazon in the morning and have it on your doorstep that evening has shortened the cycle of desire and fulfillment, which has a pernicious underside: it causes us to want more.
My view from the couch
Sure, in the past we could go to a store or order stuff from a catalogue, but there were a few built-in delays there: one had to take the time to actually go to the store and mail-order took at least a week to arrive. During those delays, we got to anticipate our purchase and revel in the “newness factor” for far longer than same-day shipping allows.
These barriers to entry also slowed our purchasing–we’re probably less likely to drive to Target at 11pm to buy new shoes, but if we can order them in our jammies from the couch while sipping wine and watching Call The Midwife? You can guess what we’re going to do. And the faster we receive our desires, the more we want. Instant gratification ramps up our expectations and speeds us along the consumer carousel of endless want.
Here’s an illustration: if a rat in a cage learns he can press a lever and receive a treat immediately, he’s going to press that lever over and over and over again. Receiving the treat instantly gives the rat a jolt of dopamine and he likes this! But he’s now going to require ever-more treats for ever-greater dopamine hits. Conversely, if a rat presses the lever and receives a treat sometime in the next 7-10 business days, it’s unlikely he’ll become addicted to pressing the lever. Indeed we are not rats, but there’s wisdom to extract from the concept of interrupting the cycle of instant gratification.
The over 9,400 folks participating in my Uber Frugal Month Challenge (which, by the way, you can sign-up to join at any time!) already know what I’m going to say here. It’s my foolproof (though not Frugal Hound-proof or Babywoods-proof… ) method for ceasing the desire to impulse shop. You do have to police yourself, but if you follow these steps, I imagine you’ll find yourself with quite a bit more money–and quite a bit less unneeded stuff–at the end of each month.
The 72 hour rule is thus: do not buy anything (except for out-and-out necessities like prescription medication) for at least 72 hours after you initially consider buying it.
Next time you feel the urge to buy something, write it down instead (or save it in your online shopping cart).
During this waiting period:
Calculate what else you could do with that money.
Explore if you already own something that could suffice.
Ask yourself if it’s something you could find used for a much cheaper price.
After 72 hours, reevaluate how you feel about the item. Do you still fervently want it? Or has the desire faded?
Impulse spending is the result of buying something in the heat of the moment, before we’ve had a chance to fully consider the ramifications of the purchase. By forcing yourself to wait 72 hours before making a purchase, you’re putting some space in between desire and action. Consider it a cooling off period. And if you still really want it after 72 hours, it’ll still be there for you to buy. If you do decide to buy the item in question, it’ll be with the full knowledge of the implications of your purchase.
I have an entire Google document devoted to a list of things I think I need. I jot down stuff I want and, invariably, when I look at it a few days later, I wonder, “Why on earth did I think I needed that stuff! Who wrote ‘snuggie blanket’ on here?!” Somehow, the act of writing it down removes the immediate pressure I feel to buy it NOW! Once the item is written down, I feel relieved–I can permit myself some time and space to contemplate whether or not I actually need it.
Yoga is a fulfillment need for me (as is hiking and this pic combines me doing both!)
Ah yes, the age old wants vs. needs calculation. We live in a culture that touts product after product as “necessities,” but what do we actually need? I consider needs in several categories, very roughly along the lines of Maslow’s Hierarchy of Needs.
First, there are food and shelter requirements. However, even at this base level, there are ways to meet our human survival needs frugally. Applying the metric of extreme frugality to every level of need is how we find our way to, not only a high savings rate, but also a simpler, more fulfilling lifestyle.
I could talk for hours about how to save money on groceries, which are a prime example of a “need” that we often migrate over to a “want” for expensive foods. Check out my food section for ideas on how to introduce frugality into your grocery shopping.
Secondly, there are fulfillment needs. This second category encompasses the things that bring us enduring enjoyment and insert meaning into our lives. These “needs” are different for everyone and you’ll have to identify what yours are.
Mine include things like: outdoor clothing and gear to enable my family to hike/snowshoe our land year-round, a yoga mat to practice yoga daily, coffee because the promise of its fragrance gets me out of bed, wine because I enjoy it, and an internet connection because it allows me to work from home, read, learn, and connect with the world.
Winter hiking with Babywoods in tow
Thirdly, there are needs that enable greater frugality. Since much of our frugality is predicated upon doing things ourselves, Mr. Frugalwoods and I have a fairly substantial retinue of tools and equipment on hand. The key with this category is to be honest with yourself about the long-term value of anything you’re considering purchasing. If you’re debating buying something that you might only use a few times, then it’s likely not going to be worth it. If, however, it’s something that’ll allow you to reap years and years of savings, you’ll probably realize its value quite quickly.
Our hair clippers are a prime example. They cost us $15 and have saved us many thousands since I use them every few weeks to buzz Mr. FW’s hair. Another excellent example is my coffee thermos, which sounds ridiculous but has saved me untold amounts of money since I now never buy coffee out–I take it in my thermos because I’m just so cool like that! There are far more expensive examples as well, such as our fuel-efficient, hybrid Prius, which saves us (and the environment) quite a bit in gas every month.
Our found wood box!
I find that, quite often, during the 72 hour gap between identifying a want and making a purchase, I find something else around the house that’ll suffice. Since companies now make stuff to fill every possible need, we’ve grown accustomed to buying purpose-built items for everything. But it’s really not necessary to do that. I’d also posit that people didn’t used to buy so much because so much simply wasn’t available! Plenty of stuff you already own can be up-cycled, reused, and otherwise repurposed.
One of our most recent examples is our woodbox. We’ve needed an indoor woodbox since moving to our homestead 8 months ago, but didn’t want to buy one (or the lumber to build one). And so, we simply stored our wood on some cardboard in our living room. Not perhaps the most lovely of solutions, but totally serviceable. Then the other month, while Mr. FW was working in our barn, he uncovered an old wooden box that–guess what–now serves as our wood box! He even added wheels to it for extra wood conveyance convenience.
Embracing the cardboard solution and waiting for something better to come along is what I like to call serendipitous waiting. I can’t tell you how many times we’ve needed something (like a table or a woodbox or a chair or a coat or maternity clothes) and simply by waiting patiently, the item has come our way–usually completely free of charge. There’s grace, gratitude, and serendipity in allowing the universe to provide.
Another example: the item most recently written down on my “to buy” list was a little table and chairs for Babywoods so she can sit up like a big baby and play at her own table. We’ve been mulling this over, and discussing making one ourselves, or trying to find a used set. As I was cleaning the other day, I made a stunning discovery: we have a little red end table we’re using as a decorative table in our master bedroom that’s the perfect size for a baby! And, we have a low stool that she can use as a chair. Perfect and perfectly free. Perhaps I’ll find a baby table and chairs at a yard sale that’ll work even better, but for the present, Babywoods is sitting pretty.
In both of these instances–the wood box and the baby table–the solutions we found aren’t perfect. But, they’re entirely workable and they saved us hundreds of dollars. It’s also true that there’s liberation in letting go of perfect. Perfection doesn’t exist–we’re goaded into paying hundreds of dollars in pursuit of perfect only to discover that it’s an elusive entity. Might as well go the free route and revel in the imperfection!
In doing this, we also avoided the trap of paralysis by analysis and I saved untold hours comparing the merits of different baby tables online. Furthermore, I simplified my life by removing clutter (a decorative table) and making it useful (a baby table!).
I’m out to revive the lost art of delayed gratification. I feel powerful when I’m able to turn down an immediate treat–be it a cookie or a glass of wine or a baby table. I feel as though I’m in control of my own happiness and that I have an understanding of what deep and abiding fulfillment means.
Those of us who embrace extreme frugality for the long-term are experts at delayed gratification–it is the very nature of how we live.
When we strip away the pressing desire for consumption and mountains of material goods, we’re able to focus on the things that matter most to us. In the absence of over-spending and stress over how to outfit ourselves with increasingly fancy gadgets and garb, we can turn our attention to work that’s meaningful, pursuits that bring us fulfillment, and relationships that are based on genuine connection.
How do you combat impulse spending?
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Comments144
January 9, 2017 at 7:19 am
For big purchases I implement something pretty similar to your 72 hour rule. This typically works. For smaller purchases though – things seem to just get bought because there is a thought process that says “no big deal – its not that much money”. I think extending the discipline of the 72 hour rule to all things could be good for us.
On a related note – I was recently contemplating buying a new laptop to replace mine that is now 6 years old and really struggling. I asked the family at thanksgiving if they had any suggestions for type/model/etc. and lo and behold – someone actually had a 2 year old laptop they weren’t using at all anymore and asked if I just wanted it. i tried to pay them, but they didn’t even want money (family). So, another lesson in there perhaps – ask others if they have slightly used things that they aren’t using that you could perhaps get more value from.
January 9, 2017 at 10:11 am
Ooh! That’s something I never think to do – ask other people for help or if they have an unwanted item! I, too, have been debating the idea of buying a new laptop. I have thought of buying an open box model at one of the big stores. But I think I’ll try this first! Thanks for the tip!
Joe says:
January 26, 2017 at 4:19 pm
I think putting the 72 hour rule to all online purchases is a good idea. Now, I put things in my Amazon basket and just leave them alone until they breaks the $50 free shipping barrier. This works really well for me and usually it’s much longer than 72 hours. I’ve been wanting a new laptop for 2 years now, but haven’t pulled the trigger yet. It’s still working okay for the most part. Maybe next Thanksgiving…
RB2 says:
February 4, 2017 at 10:56 am
I do the 72 hour rule with big stuff and a few small things. When I’m in a store I try very hard to stick to my list of what I need. I also use the Amazon cart to keep stuff in to go back to. Also, discussing big purchases with my husband helps, so he can persuade me against or for a big purchase since he’s the practical one.
On the computer topic: my MacBook was three years old and slow, and I replaced the hard drive with a terabyte solid state. It is super fast, and I’m hoping for 3-4 more years.
January 3, 2018 at 7:17 am
This is a great tip! I’ve been wanting a new laptop for home use, but haven’t pulled the trigger. I bet we could do something like this instead with my old one, and then it will be good as new!
January 9, 2017 at 7:47 am
It’s pretty crazy to think how sophisticated advertising has become on the web over the last several years. Research a product on Amazon and it will show up on adds on numerous other websites you visit, subconsciously convincing you that you need to buy it now. I like the 72 hour rule. I use something similar for big purchases as well. Whenever I’m really excited about buying something new, I generally try to hold off for at least 48 hours (the longer the better). I’m someone who gets really into things and goes all out when I do. So if I’m getting into a new activity, I try to hold off buying all the equipment I need (sometimes for much longer than a few days) to make sure I’m still passionate about it. That way I don’t end up with a bunch of stuff that I’m no longer interested in.
Great post. Thanks for sharing!
January 10, 2017 at 4:35 pm
This all out purchasing for a new interest or hobby can be a real problem, we came up with …..keep 3 categories , surfing, fishing and diving as an example of lifelong interests and one new hobby ,then you have to sell off the gear for any one of these 4 to help finance the next “must try”
January 9, 2017 at 7:58 am
72 hours rule is a good way to curb impulsive purchases. Only buying necessities is another good advice. Now, we live in a world surrounded by advertisement. We need encouragement to resist temptation to buy something we do not need.
January 9, 2017 at 8:14 am
YES on the 72-hour delay before purchasing.
I actually have a list of things we need/want, ranging from the specific (“this brand of vacuum cleaner bag” or “instant pot to replace broken crock pot”) to the general (“warm shirts that unbutton enough to provide nursing access, before mid-February”), and a list of prices at which it is currentlu available. The house rule is that we ONLY purchase things on that list, and ideally only when they go more than 30% off, barring exceptions (if you really need new underwear, you need it, ok).
That said, I’m really rural -like, 25km from the nearest store, and 60km from the nearest store that had a decent selection and reasonable prices – and Amazon Prime (for diapers alone, since Husband is NOT on board with cloth diapers), along with other websites that do free delivery, have been a godsend in avoiding impulse purchases (I’m here, I’m not driving to town for another week, might as well pick up x item…) and wear and tear on the car (no, I am NOT driving a 50km round-trip to buy a replacement bottle for the one that just shattered. It’ll be delivered tomorrow).
It’s a balance between common sense and practicality.
Abbie says:
January 9, 2017 at 2:56 pm
Yes! A few years ago I lived far enough from any shopping that is was cheaper to choose two swimsuits online and order both knowing I would ship one back …
Casey says:
January 9, 2017 at 4:09 pm
Ha! “warm shirts that unbutton enough to provide nursing access” was on my need list too! I got two flannel shirts for Christmas, and bought a third at Costco for $13.
January 9, 2017 at 4:58 pm
A friend of mine that lives far away from the metro area loves Amazon Pantry — for the things I purchase it doesn’t make sense, but for her, going through tons of diapers especially, it has saved a lot of money. For me I also don’t plan well enough (yet) to make it work without ending up buying extra stuff!
I wish I could afford to buy everyone an Instant Pot. My son and I were just talking about how all he needs when he’s on his own is a frying pan and a multicooker to make every one of his favorite meals. And he has a lot of them
mike crosby says:
January 9, 2017 at 5:18 pm
Huge fan of the insta pot. Use it daily, often more than once.
Mary in Maryland says:
January 30, 2017 at 4:16 pm
Instant pots are showing up on Craigslist in DC area for $25-50.
January 9, 2017 at 8:26 am
Great tip. I can’t tell you how many times I’ve thought of something I want or need, and then find it for free or cheap–sometimes in the trash. One example–for my daughter’s 2nd birthday I wanted to get her a little rocking chair. No way I was going to buy one new, but three weeks before her birthday I realized I’d better get on it and start checking secondhand stores. Later that day my husband pulled a toddler-size rocking chair from a trash pile in a neighbor’s tree lawn. He didn’t even know I wanted one! He refinished it and it’s perfect. This has happened enough times that I’ve learned the value of waiting to see what comes through–or decide I don’t need it or have something that’ll work.
January 18, 2017 at 10:35 am
Yup, this happens ALL the time for me. I’ll admit it…I’m a regular dumpster diver. I just ask the universe for the things I’m looking for and they magically show up. It used to freak my friend out so bad, but now she does it too and I usually find it for her in some dumpster within a week Sometimes I find something and I know it’s meant for someone so I ask my friends and family and 9 times out of 10 someone was looking for exactly that random thing. I just love it! Isn’t that the basis of “The Secret”? What you put out there will manifest?
The best part of this is that my friend is a shopper. After a good year of this dumpster magic, she recently went to the mall and told me she just couldn’t bring herself to shop. It seemed so wasteful and unnecessary, and whatever she wanted would probably show up in a dumpster or on the curb or at a yard sale anyways
B. Lyman says:
January 19, 2017 at 4:57 pm
I needed something dressy and wished I had a velvet skirt or something like that to wear. I decided to look at a thrift store and there it was…a beautiful, black velvet floor length skirt for $3!
Jax says:
May 31, 2019 at 11:58 pm
Amazing, good for you!
January 9, 2017 at 8:30 am
We too use the 72 hour approach, though sometimes we stretch it to a few weeks. The added benefit is often something goes on sale in that period. So if we do end up buying we end up with a discount. When we don’t buy your right, we often can find a great lower cost solution.
Marion says:
January 9, 2017 at 8:38 am
Whenever I think I ” need” something I get out my checkbook and budget notebook and go over the numbers. Instant cure.
January 9, 2017 at 8:38 am
After your email the other day, I started a page of “wants” in my journal. I used to put things I wanted in my Amazon “save for later” cart, where I was reminded of them each time I logged in. Now, they’re tucked away safely in a notebook and I only glance at them when I’m adding to the list. Fewer reminders that I want them help me want them even less!
And thank you for mentioning that buying items that will help you save can be a need. I struggle with this constantly – the desire to not spend, but also knowing my purchase could save me money in the long run. I often put these purchases off longer than I should & end up spending more in the meantime!
Ellie @ The Chedda says:
January 9, 2017 at 8:49 am
I practice the waiting method too. We had a set of wobbly stools that we used to sit at our kitchen counter for breakfast. We wanted to replace them but we decided to just wait it out in case we moved or somehow fixed the stools.
A month or so ago we found a perfect set of stools in our apartment building’s trash room! They were perfect and free! And I know how much you guys like to celebrate a trash find!
Shannon says:
January 9, 2017 at 9:04 am
Love hearing your thoughts on delayed gratification. Waiting is huge for me. I tend to look at things online when I’m bored. Amazon is just a click and two days away (oi). Like you, after waiting for a couple of days, I will usually have forgotten about the new-thing-I-must-have. I also remind myself that I’m delaying my gratification in service of a larger goal (debt freedom) and pat myself on the back every time for some positive reinforcement. I’m going to start using your technique of writing it down. Thanks for the tip!
January 9, 2017 at 9:09 am
I just signed up for Amazon Prime, mostly because I had placed a order and forgot to add a water filter for my refrigerator that is a “need” since the red light is on and the water is tasting funny. I could add more to my cart, pay for shipping, or enroll in Prime. After calculating costs/savings and talking to several people who use it I decided to go ahead. But, I made rules for myself. Unnecessary things go in the cart or wish list and wait there for at least 2 days and then I ask myself questions similar to yours. Thanks to this post, I am likely to increase the time to 72 hours.
I often, like you, find things around the house that serve the purpose of something I thought I needed to buy. When I take the time to allow this to happen I enjoy feeling creative, proud of my resourcefulness, and grateful to save the money..
Thanks for continuing to inspire me.
January 9, 2017 at 9:11 am
I’ve been struggling with impulse spending recently. I got some cash for Christmas and went on a little spree with it. I’ve also bought a few video games that were on sale. Even though my backlog is huge. It’s just too easy to buy digital games. One technique that I use for Amazon, is to put an item on my wish list and let it sit there. I usually don’t feel the need to get the item after a cool down period. Some items are on there for months and usually get deleted.
January 9, 2017 at 9:14 am
I have a running list with price points. Free is best but if I need to buy the list helps. I am trying to lower my own personal spending this month (unnecessary items)- I already failed the no spend month challenge because I spent $5 on fluff. Every day is a new day to try again- I was at the mall over the weekend to return a gift and saw the girls preferred brand of socks on sale (sock don’t survive to be secondhand and we don’t do used underwear) at my price point so I bought several pair since their socks are wearing out. They were just as happy and don’t care they were 75% off.
Anything that can wait we try to wait and see if it can be free, secondhand or on sale. Back when the oldest was a baby, we mentioned that we wanted to get a toddler table and chairs and a few weeks later, the godparents showed up with a set their neighbors were throwing away. It was in perfect shape and eight years and two children later the table is still in their room holding the dollhouse. the chairs, alas long ago met their doom…
Iris says:
January 9, 2017 at 9:32 am
I think you should further emphasize the role of marketing in this whole issue. Your post “The False Choices…” (link above to marketing) is good, but people should be aware that there are folks whose sole job is to figure out how to make you buy more, and buy what they are promoting. They have studied this whole issue, and have data that backs up what they do. You have to learn that they are not interested in your welfare, but in their own. Kind of like the addition of sugar to so many foods, to increase your craving level. Try leaving something in your online cart for a few days, and see if they offer you a discount. And unsubscribe from the mailing lists of even companies you have purchased from – that will get a lot of marketing junk out of your inbox.
There is another issue here as well. The sustainability of a frugal lifestyle that includes high quality hand-me-downs, finds and garage sales, relies on others not being so smart about their purchases. It rather relies on others being less-than-frugal. While it is unlikely that you can convert an entire clan to a serious level of frugality, and certainly not an entire city or town, you have to think that if they were being really frugal, the pickings from the items they are willing and able to part with would be a lot slimmer.
Mrs. Frugalwoods says:
January 9, 2017 at 11:50 am
Well, I’m not sure I totally agree–I’ve personally given away quite a few things that I consider nice, but that we simply don’t need anymore. I’ve also received wonderful hand-me-downs from very frugal friends. I think the ethos of sharing and passing items along works for frugal folks as well as non-frugal folks. And, to your point on marketing–so very true! In addition to The False Choices That Steal Our Future, I have this one in the same vein: That One Time We Accidentally Watched Commercials (and were horrified).
January 10, 2017 at 10:19 am
We give and pass on uneeded things all the time. We just passed on a ton of kid clothes, books and housewares we no longer need. Quality lasts and there will always be those who purchase too much.
January 13, 2017 at 4:16 am
Us too. We’ve given away stuff that is actually of monetary value, whether to friends or to people who simply need it (obviously when we simply don’t anymore and are unlikely to ever again in the foreseeable future). My maternity clothes have been worn by a vast array of women in the greater Cape Town area, and finally I told the last recipient to just pass them on and never let me see them again! Same for our high chair, various bits from the kitchen, clothing, toys… occasionally we do sell things that have a good resale value, but generally we just pass along rather than live with clutter.
ks says:
January 9, 2017 at 9:32 am
there’s nothing free about Amazon prime – it’s a yearly subscription to subsidize shipping for those who think everything’s urgent or are addicted to instant gratification. You need water as your #1 priority, then shelter then food.
NNN says:
January 9, 2017 at 9:38 am
We’re still waiting for a toddler table as well. Until we find a workable solution, he uses the coffee table. Not perfect, but it works. My very handy husband built a chair out of some wood left over from a previous project. Made to measure and it looks amazing! If you have any left over scrap plywood and some varnish, that could be a solution for you as well, since Mr. FW is so handy. It took four pieces of wood (2 side pieces, a seat, and a back). He used a circular saw, a router, and some wood glue. It took less than a day to build and varnish.
January 9, 2017 at 9:40 am
I’ve found that the easiest way to avoid spending, is to just to NOT GO SHOPPING online or otherwise. If I don’t know a product exists, I can’t even imagine purchasing it!
Shopping seems to be a form of entertainment in this modern world. If people aren’t working, eating, or watching TV, they’re going to be shopping. People actually ENJOY shopping. Strange, I know!
If I fail to avoid shopping, then The List and the 72 hour waiting period are the next two methods I frequently use…and yes, they really do save tons of money!
Abbie says:
January 9, 2017 at 3:02 pm
Not going into stores is my best way to avoid spending money also!
brookst says:
January 22, 2017 at 2:35 pm
I so agree. I don’t go browsing at malls as a hobby (I used to). No good comes from it.
January 9, 2017 at 4:12 pm
Yup. Out of sight, out of mind. If I don’t know it exists, I will not desire it, so I put up ad blocks online and keep commercials out of the house by not having cable.
Removing shopping apps from my phone and taking shopping websites off my ‘favorites’ list helped me not navigate to those sites while bored. I found that to help significantly as well.
January 9, 2017 at 5:02 pm
Yes! The year I decided not to step foot in Target was pretty eye opening! And I don’t even buy that much “stuff” – but it made me very aware of how much I was *thinking* about stuff and doodads and pillows and plates
January 9, 2017 at 9:46 am
I used to be horrible about impulse purchases. I spent $1,000 in 6 months on useless crap thanks to Amazon 2-Day Shipping. It took a lot of work and rewiring in my head, but I finally got over my huge spendyness. I had to stick to the Dave Ramsey envelope system to learn the difference between wants versus needs, and that was enough to stop most impulse buying.
But hey, I’m human and I fall prey to impulse buys every now and then. Just a few days ago I bought a cute $5 throw pillow at WalMart that I absolutely did not need. At all. I did have buyer’s remorse afterwards, but at least the pillow is cute.
Yeah, I know. I need to be better. Thanks to your Uber Frugal Month, we’ve instituted the 72 hour rule–which would have saved me that $5 if I’d instituted it just days earlier. Urf.
Jessi says:
January 17, 2017 at 9:00 am
Can you not just take it back? Do you still have the receipt?
Karen says:
January 9, 2017 at 9:46 am
Day 9 + 0 spending !! Woot. Delayed gratification works so well for me. When I recognize an impulse or a marketing ploy (ususally a coupon discount) I still have to say, is the savings better than spending my actual money? That usually gets me to walk away (or click away)
Less time I spend online shopping the better, I very rarely do it anymore.
Ms. Montana says:
January 9, 2017 at 10:05 am
We practiced a “things we need list” for a few years. Whenever we realized we needed something, like a new can opener, we would write it down on our list. Then we would wait 2 weeks to see if we could find it free or used. If not, we would then try to find it on sale. It was such a radical shift for us from seeing things on sale and trying to figure out if we “needed” that item. Because really, if we hadn’t noticed that we needed it while at home, did we really need it?
January 13, 2017 at 4:18 am
excellent idea!! I think we’re going to do that. First see how much you REALLY need whatever it is, then truly hunt for a discount option, and only IF one cannot be found and no other option will work, then buy.
January 9, 2017 at 10:08 am
I totally love your wood box and little red table. The wood box is something you could actually make more of and sell as a side hustle…not that you’re looking for anymore side hustles But it is THAT cool. We did something similar with a components stand for our TV. I simply refused to buy a new one for hundreds/thousands of dollars, so we found a tattered antique, single locker. After spray painting it, adding some caster wheels, and laying it on its side – it is the perfect one-of-a-kind component stand that also serves as a conversation starter! I often find myself wanting things but then I turn my attention to what I already have at home and find that there is usually always a free solution hiding under my nose. Great post! And beautiful pictures, as always.
Lynn says:
January 9, 2017 at 10:15 am
This is brilliant. I am guilty of abusing Amazon Prime. A few months ago, I was thinking I must have saved hundreds of dollars with their free shipping. Then I realized I had bought a whole lot of things I probably wouldn’t have bought if I HADN’T had free shipping. So was I really saving money at all? It’s something I’m definitely aware of now and will implement your 72 hour rule.
January 9, 2017 at 10:18 am
Everything I need / want goes on my list.
My thrift store shoppinging list.
I make do with something else until I find it.
If I don t find it ever….did I really need it?
It is all just stuff.
January 9, 2017 at 10:19 am
again, coming at this as an older individual, this addresses a pitfall i’ve fallen into again and again. when we were younger, had less, and had children at home we needed to consider, it was pretty easy to be frugal. we did have goals and things to actually save for. as i’ve gotten older, don’t have those same responsibilities, and have more money available, i’ve fallen into the (bad) habit of clicking on an amazon item i like just because i can. i can afford it. i deserve it, whatever i tell myself. i need to reign myself in and be more aware of wants vs. needs. do i want it just because i like it, can now afford it and couldn’t before? or do i need it? 72 hours will give me more time to actually think about it. i love this!
January 9, 2017 at 10:21 am
I agree with Mr. Tako on not shopping. I generally do use the 72 hour rule and have a list when I am in stores but combine that with trying to avoid discovering all the exciting new things out there. Research has generally shown that you start each day with a certain amount of willpower and you use up your daily allotment as you resist things (yes, I am oversimplifying here). That is why you are more likely to succumb to that cookie in the evening than at lunchtime. If you see 20 “gotta have it” items in a day, it is much harder to use the 72 hour rule the 20th time than it is the first. While sometimes I am in stores that brim over with tempting items (hello, Costco), I try to avoid situations where I have to exercise willpower in the first place. It probably helps that we do not have a TV!
January 9, 2017 at 10:28 am
As most of my big purchases are through Amazon, I implement something similar to your 72-hour rule.
I place the item into a wishlist called “Step 1: Reconsider These” for a month. After a month passes, I think about whether or not I really want the item and if I do, what am I going to do with it. If I still want it, I put it into a second wishlist called “Step 2: Do you really want to spend?”. Usually, items don’t make it past the first round, but by chance it makes it to the second round, I would most likely not want it after another month of consideration. With this, I’ve saved about $3,000 as I was going to purchase a lot of computer parts and peripherals for gaming, but I decided to stick with what I currently have instead.
January 9, 2017 at 10:39 am
I have been practicing delayed gratification more often then not. Every time I want something which is not on my replace list I ask myself how much time I want to spend working at the job I dislike to buy this thing that usually stops me from spending. I would rather buy future time of financial independence than overpriced piece of chocolate or another glass jar for my zero waste living.
January 9, 2017 at 7:34 pm
For me delayed gratification works for things like glass jars, but not for chocolate!
January 9, 2017 at 11:14 am
The opportunity cost of every purchase is what gets me. If I spend this money here, that means less money to spend on such and such and such. Valuable perspective.
The Green Swan says:
January 9, 2017 at 11:22 am
Ahh yes, impulse buying can be the demise to so many. My wife and I have taught ourselves to stay away from this and feel we’ve done a pretty good job. One thing that we feel helps is communication between the two of us. Similar to your 72 hour rule, when we talk though our thoughts on a purchase it forces us to not only wait a bit and mule over it a bit longer, but also gain insight from the other person. Some might think we’re odd, but we discuss even the smallest purchase prior to clicking “buy” (and yes I mean clicking because we are online shoppers… thank you Amazon Prime!)
January 9, 2017 at 12:34 pm
When I get the urge to shop or buy something I know I don’t need, I make my weekly library run. I love strolling the aisles of new releases, sitting in a comfy chair and reading the magazines etc…. so much nicer than the mall!
Abbie says:
January 9, 2017 at 3:03 pm
Yes. A good book and a cup of tea are more gratifying than most purchases!
Cindy in the South says:
January 9, 2017 at 12:38 pm
I do not buy online, at all. I do not like crowds either. I hate shopping. I also do not like running into people I know when I shop…strange I know…lol. So, when I do go somewhere, like Walmart, I generally stick to my list, and get in and out. I guess being an introvert sometimes helps!
January 9, 2017 at 1:02 pm
My need to save money created an addiction . I tried to justify stockpiling by all the money I saved. Couponing replaced that addiction when in fact , couponing is not free and does cost money. Reading daily blogs on all the items available for savings was next. I seem to have it under control and avoid spending money. It is easy to buy something but difficult to pay off when you never had the money in the first place. I appreciate the honesty here.
Glenna says:
January 9, 2017 at 1:44 pm
Love the picture of your house in the moonlight! Beautiful!!
Mollie says:
January 9, 2017 at 2:00 pm
I was out with a friend this weekend, and she wanted to stop at a shoe store having a big sale. The saleperson chatted us up as we browsed and mentioned that he’s started doing immediate Uber delivery for online orders in our city. Innovative idea on the one hand, but also scary from the instant gratification perspective. I’m not a shopper–I’m usually accompanying friends as they look–so I’m neutral on all of this, but Uber delivery would make it incredibly easy to spend if I were so inclined.
My problems delaying gratification are usually not money-related (chocolate/sweets!), but I do agree that it feels amazingly fulfilling to say no, I don’t actually need this. It’s something I’m trying to do more often!
Adventures with Poopsie says:
January 9, 2017 at 2:35 pm
A great reminder about the importance of waiting a little while before making a purchase! In Australia, same day shipping isn’t really a thing. I think the quickest I have seen was a local company who did the next day- but mostly, we have to wait the requisite four days. This sometimes annoys me- proving your point that we have become so used to getting what we want now!!! It’s an important reminder to exercise patience. Incidentally, free shipping is also not really a thing here. Oh how I wish it were!!!
Laurie says:
January 9, 2017 at 2:52 pm
Not being shoppers, my husband & I find this falls easily in line with how we keep a hold on our money. We’d rather wait to find the ‘perfect’ used item, rather than pay new any day.
And ‘sales’ are so false. I have many a co worker bragging that they got a $400 pair of boots for $250, and all I can think is, “They certainly aren’t even worth that!”
We have one big WANT, and that’s travel. The desire for anything else simply goes to the back of the list.
Abbie says:
January 9, 2017 at 3:07 pm
Thrift stores (my choice for most non-food items) are hard to wait for 72 hours because supply is so limited. I try to stick only to what is on my (several week) list, but make exceptions if I go on a thrifting date with a friend!
January 9, 2017 at 3:34 pm
Guilty of Amazon Prime impulse buying … I also use the wish list. i’m working on it. but here’s a success story. For Christmas, I bought my husband a (backpack-able) chair for less than $30 and he bought me the (almost) identical chair from REI for $100. (identical except for the brand) We will see if they last the same.
Vicky says:
January 9, 2017 at 3:35 pm
That was meant to say, I bought it on the Amazon Daily Deal for less than $30…
Sarah says:
January 9, 2017 at 3:46 pm
Love the 72 hour rule! I usually wait on large purchases, but I like the idea of doing this for all sized purchases and writing it all down. To reduce my own impulse buying, I recently decided to stop shopping at Target. I realized I was going in for a “necessity” like windex or garbage bags, and then leaving with something extra firmly in the “totally unnecessary” category (a candle, another couch pillow, etc.) OR I’d resist and feel a little sad that I couldn’t buy everything I wanted. I’m only 4 weeks into this experiment, and guess what? I don’t miss it AT ALL! I’ve learned not to tell other women about my Target plan though, because they look at me like a crazy person!
January 9, 2017 at 5:08 pm
Haha, I commented above that I didn’t shop in Target for a year and it was pretty mind-blowing. I live smack in the middle of Target central (seriously, on my bus commute to work a few years ago I counted six stores) so people definitely thought I was insane!
I didn’t buy a lot of extra stuff, but I realized that I *wanted* to, like, all the time. It was amazing how that impulse totally went away by sticking to the grocery store and actual pharmacy. I think your plan is brilliant and you’ll be in awe six months from now
Sarah says:
January 9, 2017 at 11:48 pm
Great to hear I’m not alone!! It’s sort of like keeping a bag of cookies in the house for me- either I constantly work at resisting or I indulge and then feel bad. It’s easier for me to just to keep the temptations out of reach (and it ultimately makes me happier)!
January 10, 2017 at 6:51 am
Yes, I’m the same way! It took me years to realize that trying to “reduce” spending or eating or whatnot just doesn’t work for me.
mich says:
January 9, 2017 at 3:47 pm
I curb impulse spending by concentrating on producing or making what I need. The creative outlet takes much longer, occupies time (sew, cook, knit whatever the medium) and it keeps me out of stores.
January 9, 2017 at 4:12 pm
Love the 72 hr. wait. Went to a discount store last week, put several items in the cart that were “wants” then reconsidered and put every item back. Walked out of that store feeling good about my choice! Frugal month still working.
JD says:
January 9, 2017 at 4:14 pm
The moonlight shot is just beautiful. I love it. It reminds me of when I was a youngster, living on our farm.
I’ve been practicing the 72 hour rule. I thought at first I’d failed on day 8, when I snatched up a stock pot at a Goodwill without a second thought. Then I realized how long I’d needed that pot — my previous stock pot is a cheapo aluminum one that my husband picked up at the dollar store about 7 years ago. The bottom wasn’t flat, which is bad for my smooth-top stove, and the side was dented. I need a pot for big pot cooking, boiling peanuts and to can a few pints without the need to fill my enormous water-bath canner with about four gallons of water to process two pints. This pot from Goodwill is heavier, flat-bottomed, and dent free. My little improvised canner rack fits in it. I will definitely use it! So I now consider this a win, not a fail. The 72-hour wait, though, has kept me from some silly purchases. They sure seem like a good idea at first glance, but they seem so silly after a couple of days….
Anne says:
January 9, 2017 at 4:42 pm
I’m doing your uber frugal month challenge, and on Saturday there was something I really wanted to buy. I delayed for 72 hours as per your advice, and lo and behold, today I can’t even remember what it was I wanted in the first place . Feeling good at having exercised that little used muscle called willpower. Thank you!
Mrs. Frugalwoods says:
January 9, 2017 at 7:35 pm
January 9, 2017 at 4:44 pm
Will it suffice – awesome question to ask. I frequently consider a problem, and possible solutions and then put it on the back burner …miraculously a few days later an elegant and available solution presents from my existing possessions. I also have an aversion to any unitask item (plastic avocado keeper I’m looking at you!) and so when acquiring items I favor those with with multiple applications.
January 9, 2017 at 5:16 pm
When my son was little, we talked a *lot* about how companies spend money to try to make you want things (and tell you what to wear, but that’s another topic, ha). We didn’t have a TV at the time, but it’s incredible how much marketing is directed to children from infancy on everywhere you go.
One day, we were driving somewhere with a regular commercial radio station playing, and suddenly his little voice piped up from the carseat, “Oh MAN! That GM vehicle GOT me! I heard it on the radio, and I know they want me to buy that car, and I DO! They GOT me!”
It’s one of my favorite memories, because 1. He got what I was saying, and 2. I totally thought his first consumer impulse would be candy or Pokemon, not a $30,000 SUV
Jane says:
January 10, 2017 at 2:56 am
Katie says:
January 9, 2017 at 5:23 pm
Oh how I wish I’d read this two days ago! Yesterday I bought 2 chairs and even as I was on my way to go and look at them I started to have buyers remorse!! I felt like I’d derailed my frugal month and we do have a few big bills this month. They also weren’t quite what I was after (impatience can also detail frugality). The one positive is they are second hand and I can probably sell them and get my money back or close to. So I was at least practising one aspect of frugality. In the meantime I’ll make the most of them and tell myself I’ve learnt yet another important lesson. I’ve also written out the 72 hour rule in my journal. I love all your tips and admire you for having this wisdom at such a young age.
January 9, 2017 at 5:49 pm
I’m not much of a shopper, and a chronic over-thinker, so I don’t fall prey to impulse spending very often. The only place I am vulnerable is food and drink…I love food and I love beverages (coffee and tea and beer, oh my!), so there have certainly been times where $40 of cheese or $80 of alcohol has ended up in my cart without me really planning it (I live in Canada, so high prices on both of those things, sadly). Planning my splurges and requesting that my spouse challenge me when I just throw things in the basket have been the most helpful strategies for me.
But when it just comes to “stuff,” we’re pretty good. We don’t shop online unless there is something we’ve already determined we need (happens like 4 times a year, if that), and we both hate shopping in malls (crowds, lines, noise…ugh!), so the exposure to temptation is limited. I think that’s the biggest thing most people can do: don’t go into malls, unsubscribe from so-called “deal” email lists, don’t bookmark online shopping sites, don’t keep your credit card information stored in online stores, etc. Basically just unplug from the advertising/shopping machine and your wallet will thank you.
January 9, 2017 at 6:36 pm
I think I’m the opposite of most here. If I need (or want) something, I’ll buy it. I started Amazon or Amazon Prime in 2008. Last night I looked through all purchases throughout those years. If anything, the purchases did not come with any regret, but some of the books I could have got at my library. Sometimes though I do wish to reward the author, even if I can get the book for free.
January 10, 2017 at 7:54 pm
I’m with you – impulse purchases aren’t really an issue for me. If anything I swing too far on the other side – “making do” for far too long on functional items.
January 9, 2017 at 8:01 pm
Sometimes my 72 hours happens after I’ve bought something but before I’ve used it. If I’d rather return it and have the money back, rather than keep it, back it goes. Sometimes I just don’t know how much I like something until I see it at home. Yes, there is the time/cost of making the return the enxt time I’m at the store, so I’m trying to to be careful.
January 9, 2017 at 11:44 pm
I really like the philosophy of using what’s around to make do, while sending out a wish message to the world (as silly as that sounds). At one point last year I found myself in need of both new walking shoes and some outdoor shoes/runner boots. I noted the lack and made do with shoes I had, intending to search in second hand stores when I had time. Within the space of one week (but some time after starting to think about searching), I found a great pair of women’s imitation Bogs rain boots in a free box on my way home, flowered and exactly my size…and then a neighbor passed on some fancy athletic shoes she had purchased and decided were uncomfortable!
January 10, 2017 at 12:00 am
One way to avoid temptation is to avoid the tempters – stores & online ads.
uBlock Matrix – for most browsers, does take some management
NoScript – for firefox, does take some management
Cindy Brick says:
January 10, 2017 at 12:18 am
Funny — I wrote about this, too!
Only for me, it’s an indefinite “tomorrow,” sometimes translated as 24 hours, sometimes 6 days.
Liz@ChiefMomOfficer says:
January 10, 2017 at 6:49 am
Great tips! I love the tip to wait 72 hours – I’ll need to start doing that. I’m not much of an impulse shopper (actually I hate to shop) but I think pausing would not only give me a chance to see if it’s something I need, but also a chance to find it for less.
January 10, 2017 at 7:42 am
The 72 hour rule is very good advice, especially for online impulse spending. In stores, if unplanned items seem to fly in my cart, I know it’s time to take to ‘take a walk’. I’ll walk around in the store for a short while, and then look at my unplanned items with fresh eyes. I’ll ask myself basic questions, such as, ‘do we really need this?’, or my favorite, ‘will this truly enhance our lives?’. My little walk has saved a lot of money! Only rarely does one of those items stay in my cart.
Mrs. Frugalwoods says:
January 10, 2017 at 7:48 am
Kayla says:
January 10, 2017 at 9:19 am
Me again! I commented a while back about the whole blog post not being able to be seen on Feedly. I have to click over if I want to read the whole thing. Is that something you guys are still working on fixing? Thanks!
Mrs. Frugalwoods says:
January 10, 2017 at 2:26 pm
Hi Kayla–it is indeed on our list to fix! Unfortunately, since we’re a team of 2 (me and Mr. FW) with many other demands on our time (homestead, Babywoods, job!), it just hasn’t happened yet. But it will rise to the top of the list soon I hope. Thanks for reading
Elem says:
January 10, 2017 at 9:40 am
The 72 hour rule is a good one! I do something similar where I keep a wishlist, and once a month I look through it and either cross something off (why did I think I needed that again?), determine when I will purchase it (based on my budget), or leave it on the list for another month to “think about it.” (90% of that last category gets crossed off my list the next month, but sometimes it turns out that it is a worthwhile purchase that maybe takes some advance saving up.)
I stopped doing that last year, and somehow I ended up with a lot more purchases! So I am back to the wishlist this year. LOL
January 10, 2017 at 9:56 am
I do this!! Well. *sometimes* I might slip up, but in general, I will have a wonderful time putting lovely things into my online shopping cart, really loading up with thousands worth of clothes and so on. Then I simply exit the site. Occasionally I may go back and look, remove things along the way, notice that some items have gone on sale… and just now and then these might correspond with something I genuinely have wanted for quite a while, such as – just for example -some new running shoes. Sure, mine are still okay-ish, but they are starting to wear out and I’ll need some new ones in the next month or two…THEN I might press ”buy now”. Not before then! And never, ever store my details UNDER ANY CIRCUMSTANCES… it’s just a wee bit easy otherwise…
Delayed gratification is a real art. It is something children learn at a young age, and I am genuinely quite concerned that kids now, in this instant-now world we live in, have far fewer opportunities. Of course it’s on us to teach them, but the pressures are huge. Not bowing to peer pressure and learning to save up, wait a bit, wait till your birthday, decide between two things, both of which you want but only one you can have… etc is not easy.
January 10, 2017 at 12:36 pm
It is hard if you have a habit of impulse spending. When I realized that most of the stuff I had bought impulsively I no longer had, I stopped. It was such a waste of money for me.
January 10, 2017 at 12:37 pm
I use happy emotional triggers to nip any impulse purchases. My impulse purchases are only ever done with credit and debit cards (as I budget just enough cash for weekly expenses) so I target those with some pre-emptive planning.
I printed a small picture of the European seaside my family is from and where I’d like to buy property one day to the front of my credit card, and the back side I’ve affixed a picture of my mom, who I’d love to help retire early after a lifetime of hard work. It reminds me of my goals and that if I make that impulse purchase, I’ll be that much further away from them. My debit card has another picture of my family’s Mediterranean hometown, and the backside has a teeny calendar I printed where I put a little “X” in red pen every time I go by a day without using the card. The last thing I want to do is break the streak!
Ann Warneka says:
January 3, 2018 at 6:00 pm
Fantastic ideas. I’m working on a plan to help support my mom financially too.
January 10, 2017 at 1:36 pm
“Embracing the cardboard solution and waiting for something better to come along is what I like to call serendipitous waiting. I can’t tell you how many times we’ve needed something (like a table or a woodbox or a chair or a coat or maternity clothes) and simply by waiting patiently, the item has come our way–usually completely free of charge. There’s grace, gratitude, and serendipity in allowing the universe to provide.”
Oooff that takes some real faith!
January 10, 2017 at 5:11 pm
It does work…..I don’t know how. …..but if you concentrate on the item , be specific, ‘flannel shirt, dark colour, my size and good condition’, etc. usually within 2 weeks it will come your way. Have done this many times for various things.
July 3, 2019 at 2:50 pm
It’s not magic (although at times it feels like it might be). When you are specific about what you want in your mind, you are subconsciously always looking out for that item. Then, if it comes across your path you are more likely to spot it instead of just passing by without noticing. It’s kind of like this: You want to buy a car. If you know the specific model or color or style (or whatever) you want, all of a sudden you are seeing them everywhere. The cars were always there, you were just not focusing on those specific features. Therefore, you are more likely to notice the blue Honda sedan you want that is parked down the street with a low “For Sale” sign than if you were just looking for a car in general without specifics.
That being said, sometimes it does seem miraculous. I was browsing for a blazer and a blouse for work, not really having my mind set on a specific one but knowing that I wanted a black blouse and a blazer in some kind of color I don’t already have. I typically wait a long time before pulling the trigger and buying something online, mostly because I try to only buy things when they go on deep discount and I wait until I have enough in my shopping cart to bypass shipping costs. When we got together with my family the other day, my sister-in-law tells me they changed the dress code at her work and she had a black blouse and a crimson blazer that she had hardly used that she would like to give me.
January 10, 2017 at 2:13 pm
I think it is important to allow yourself a small splurge regularly. Something that will give you enjoyment and pleasure. By all means take your time and wait before purchasing.
Lindsey says:
January 10, 2017 at 2:52 pm
I love the 72 hour rule! We are big impulse spenders so this is a great way to keep our minds focused and our impulses to a minimum
January 13, 2017 at 4:21 am
January 10, 2017 at 3:25 pm
I am pretty good on impulse shopping since it goes on my Amazon charge & I pay it off every month. I know budget monthly & knowing it has to be paid help me . I think Prime is worth because my whole family uses it. We listen to its free music & watch the free movies. The free ones are older ones but we like old movies so it is not a problem. I don’t use the 72 hour rule if it is something we need. Last month our vacuum broke. It had been repaired & we were not happy with how it picked up. We knew what kind we wanted & I ordered it from Amazon. Having a long haired dog & cat a vacuum is a badly needed tool. If it was just a want that would be handled differently
AS says:
January 10, 2017 at 4:19 pm
Your post reminded me of the saying from the great depression: “use it up, make it last, make it do or do without.”
January 10, 2017 at 5:32 pm
The waiting game does pay off, the little red table is great, serves the purpose, saved you money and helped with simplifying and decluttering your bedroom.
I was a Nanny for many years and the best kids table is a solid wood old table at least 48 inches by 30 inches with sturdy legs, It has to be big enough for a few kids to craft, eat with guests and we also used it as a ‘stage’.
Carefully measure before you cut the legs down, the height will be a chair for at least a 5 year old ( they will still be using it ) plus little legs sitting on the seat and take measure from under table surround which little thighs have to sit under. As the kids get bigger you can add some height with castors , then retire it to be your coffee table. ….good luck hunting for one, shouldn’t be hard in your rural area.
Donna says:
January 10, 2017 at 6:01 pm
What kind of meals do you make for dinner. Where do you buy your meat? I am enjoying this month of FABULOUS information. Thank you. I follow you ALL the time.
Fiscally Free says:
January 10, 2017 at 8:25 pm
I totally agree about spending money on tools and equipment. I never really feel bad about spending money on tools that will save me money in the long term, or even allow me to earn money. I do, however, take great pleasure in finding quality used tools, like the table saw (still in the box) that I bought “used” for 50% off.
January 11, 2017 at 12:12 pm
I agree that Amazon Prime can be both good and evil! I try to wait on purchases though, and the convenience of not having to bundle up two kids to go out into a store for items is amazing. I have gotten so used to waiting on purchases that I put some reusable baby food pouches in my online cart, then waited three weeks before buying! Not regretted, as these will save us money over the disposable ones, and my kids will get a few more veggies in their diets!
Dee says:
January 11, 2017 at 12:12 pm
I wrote this on the UFM Day 3 but when I get the urge to buy takeout or coffee, I always tell myself to go home first because I know I won’t leave the house to go get takeout or coffee, knowing I have food options and coffee at home.
Gina says:
January 15, 2017 at 4:09 am
I do that same thing. I feel disappointed at first but within 30 minutes of being home or fixing something to eat I’m over that urge to grab a coffee or I’m enjoying a more delicious and nutritious meal than I would have had with takeout.
Gillian says:
January 11, 2017 at 9:59 pm
Have just started your UFM challenge. Your 72 hour rule is a superb idea which I will definately start to use. It is really encouraging to know that i’m not the only one who finds temptation hard to resist – for me, it’s wine, chocolate, and buying clothes (albeit bought second-hand in charity shops). Thanks for the tip!
saveinvestbecomefree says:
January 12, 2017 at 7:30 am
Nice article! I also have found that a waiting period (at least a few days and often more) helps. Cutting cable and other things where advertising is a constant stream also helps. Really be conscious of needs vs wants also helps.
One other thing that I’ve found very effective for myself is that I make myself get rid of something (or even 2-3 things) for everything I add. Lots of us, especially those of us who aren’t fresh out of college, already have all we “need” when we’re honest with ourselves. Putting this requirement in place makes me think harder about whether there is enough value to me to add that item or not. It also helps keep the clutter down over time.
Lisa says:
January 12, 2017 at 5:39 pm
I have a list in my to-do manager of things that I have the urge to buy. I don’t necessarily practice the 72 hour wait, but I do have that list there to look at when I do have some room in my budget. I’ve found that after I’ve put an item on the list, I tend to forget about it for the most part and when I see it again on the list, I’ll tell myself that I’ve went all this time without it and I’m fine – so I don’t really need it as much as I thought I did!
Dale says:
January 13, 2017 at 9:38 am
At 65, I’m trying to streamline my life, which means getting rid of what is worn out (rotten landscape timbers and rusted out trellises, etc), usable but not needed with current life style, duplicates (given as gifts usually), etc. Now, before I purchase anything other than food, I reflect on how difficult it was to store, maintain, and ultimately get rid of, things. Sometimes just remembering all that is more than enough to make me pass on a new purchase.
Katy says:
January 14, 2017 at 11:23 am
How do I curb impulse spending? I figured out a long time ago important questions I needed to ask myself before buying something.
Will I regret not buying it?
Do I really need/want it?
Is it something I enjoy wanting but wouldn’t want cluttering up my home?
Those questions have cut out a lot of my impulse spending.
Sue says:
January 14, 2017 at 5:44 pm
I have a home that I love, except that, being 100+ yrs old, it lacks in storage space. It’s well equipped (cluttered, some would say), primarily with good quality free/secondhand frugal goods. For most of my adult life, my philosophy has been to try to find some thing free first, then secondhand, then on sale, and only pay retail as an absolute last resort (something is broken and must be replaced NOW). Since I have pretty much everything I need, shopping is more and more recreational, so my driving question is: “How do I feel about the space that this will take up in my home, and is it of sufficient value to give it that privilege?” More and more, the answer to that question is “no”. It hasn’t stopped me from enjoying window shopping – I especially like going to craft fairs, and admiring all the beautiful handmade creations – but I feel less compulsion to bring something home just it appeals to me.
Mrs. Frugalwoods says:
January 14, 2017 at 7:03 pm
That’s a great way to think about it, Sue. Thank you for sharing :)!
Amy says:
January 14, 2017 at 8:07 pm
Love reading your blog!!! We were so inspired by your clothing ban that we have started our own this year. This is a hot topic for us as we BOTH are impulsive buyers and hate saying no to each other. If my beloved husband, accidentally forgot his lunch at home, he would call me and ask me if he could purchase a road lunch (and visa versa if I was the one who forgot). How can we possibly say no to our beloved one?!?!? So we always said yes! Now, we have a 1-week policy instead of a 72hr policy for spending and we DO NOT CARRY any of our cards. This forces us to plan, prepare and anticipate. We HAVE to bring lunch because there isn’t another option. We HAVE to know how much pet food we have. We HAVE to know how much we have for shampoo/ toothpaste/ facewash/ deodorant etc. ingredients (we make our own).
My beloved surprised me yesterday but informing me he was given a bonus day off on Sunday evening!!! Woohoo!!!! So I looked into a much needed date. We had a movie gift card left over from Christmas so I had to research how much was on the card/ how much the tickets costs to see if we could go (since we had not written down last Sunday that we were going to be spending anything this coming Sunday). The tickets were cheaper on Fandango! We will be seeing Star Wars tomorrow! Woot! Woot!!
Another super surprising way to combat unexpected impulse buys for me anyway was to purchase cloth period pads and a reusable period cup. That means I’m never at the store late at night, purchasing pads while trying to keep hormonal cravings {chocolate and ice cream and chips and poptarts etc} at bay. Lol! The initial purchase wasn’t too expensive and has paid for itself rapidly!!!!!
Karen says:
January 16, 2017 at 2:22 pm
Day 16 UFM and I had a victory, planned and packed snacks and coffee for a long road trip. Did have to buy gas but found a toll free way to and from dropping daughter back to college. I found myself wanting to buy something out of boredom but resisted. Planning and self talk help me stay on course. I am curious to see how I will think about expenditures after this month is over.
Jason says:
January 16, 2017 at 2:33 pm
Thank you for your blog. I value it immensely. A few thoughts:
(1) The internet itself has eliminated delayed gratification. It is dopamine. Use it at your own risk;
(3) Bread Maker. I know it is the symbol of the entitled person’s claim to frugality. But this is the deal. The bread is delicious. (I bought a Jojorushi). People ask me to make bread for them now. It does save money. Where I live its $3.50 a loaf. Being that I make a loaf a day, it has paid itself off. Plus, the idea of “daily bread” keeps me grounded.
(4) Use Bank alerts. When you are reminded that money is being spent, it bothers you more in retrospect.
(5) Look at old bank statements and see the drips (or buckets) on spending for stuff you no longer have or wasted (for me, fast food/coffee). It makes you cry in regret;
Rebekah says:
March 5, 2017 at 1:02 pm
I second the bread machine! We use ours almost daily and as a bonus, it’s so easy that my kids can start a loaf if I have my hands full with something else. We buy flour at Costco so even if it feels like there’s no food in the house, we can easily whip up a loaf of bread and usually have enough odds and ends to make a pot of soup to go with.
January 17, 2017 at 3:48 am
Saw this over on the UFM thread at MMM and thought it would make your day
Heck, this is me too, and it’s still magic to ME. Last year, we thought it would take ~1.5yrs to save up our downpayment. Raises coinciding with 3 uber frugal months in a row? BOOM, 12% downpayment saved. I have all the numbers and it STILL baffles me how fast that happened.
B. Lyman says:
January 19, 2017 at 4:45 pm
I had to smile when I started reading this article. I’d just put an “Instant Pot” in my Amazon.com cart because several people who posted comments on your new frugal eating article (featured on your home page) said they loved theirs. I’ve been feeling sort of sick in my stomach when I thought about spending $119 so had decided to mull over the purchase. After reading this article I definitely will put it off for 72 hours and see if I really need it. Thanks for the tip!
If someone can tell me how to make tender meat in stews and soups I won’t need an Instant Pot and you’ll be saving me lots of money!
January 19, 2017 at 7:00 pm
I just cooked a slow roast on 275 that will be used for at least three meals including beef stew. I cooked in a skillet first with butter onion an seasonings on high heat for about 3 mins on each side. In 2 and 1/2 hours I had a tender roast. I was tempted by the Instant Pot but decided I can do without.
Mrs. Frugalwoods says:
January 19, 2017 at 7:20 pm
There are a few InstaPot alternative conversations happening in the Complete Guide To Frugal, Healthy Eating comments right now :)!
Mary in Maryland says:
January 30, 2017 at 4:21 pm
The instant pot and its clones are down to $25-50 on my local Craigslist.
janey johnson says:
January 22, 2017 at 7:09 am
Just wanted to thank you for providing such thought a provoking article. I suddenly had a revelation about being frugal.
I grew up in, what anyone on this blog would see as a idyllic frugal family, that lived in a beautiful house by the sea, even generating enough electricity to sell back to the grid. The problem was my mother’s mind set, she was a cold cruel woman, who always believed her cup was empty when everyone else had full glasses!!. She used to boast how happy and content with her lifestyle she was, whilst sneering, sniping and judging people behind their backs. I equated being frugal with cruelty and misery, which is why it has been such a struggle for me with things like impulse spending. I now see from your blog and from all the lovely people that comment on your blog, it is possible to be content and happy following a frugal lifestyle. I now see that being frugal actually can be a step towards contentment by being less influenced by our societies more more more attitude and by building financial independence for your family.
Thank you to you and to all the people who comment.
January 25, 2017 at 11:06 am
Another good reason for a no clothes buying ban, or buying used
January 29, 2017 at 3:44 am
Wants vs needs are a very big issue in my current relationship. I am trying to show my girlfriend that not everything she wants is something that we need.
Mary in Maryland says:
January 30, 2017 at 4:25 pm
We do 30 days for ruminating and looking for alternatives before buying something. This weekend I drove four hours with three women friends–we talked about our needs and gave each other advice on where to find things (and also on how to get rid of white elephants.)
Lisa says:
January 30, 2017 at 11:39 pm
Great tip! That’s what I do too. Sometimes I’ll even wait a week and usually by then I don’t have the desire to buy it anymore. I totally agree with you on the same day shopping. “Same Day Shipping” is geared towards those impulse buyers, which is sad because they are just throwing their money away! Thank you for sharing this awesome method!
MoneyThumb says:
February 1, 2017 at 10:23 am
I just discovered your blog by Googling best personal finance blogs and ended up at Rock Star Finance, where you were listed. Great find for me, and most especially this article. I needed this sage advice and so will my readers.
Rebekah says:
March 5, 2017 at 12:58 pm
You are a delightful writer! Conveyance convenience, paralysis by analysis! I stumbled on your blog this week and have been enjoying it so very much. Taking the uber frugal month challenge this month. Already saved myself some money yesterday at the goodwill when I saw a yogurt maker for $7 and almost bought it. Then I remembered how successfully I made yogurt in canning jars in my cooler a few weeks ago, and realized that I could not only save myself the $7, I could save myself having to find a place to store and keep that little yogurt maker. Thank you for the inspiration!
July 4, 2017 at 9:00 am
I think the most important thing is to have financial goals. If you have no goals then it won’t seem like a problem to spend money on new clothes instead of the same old clothes until they wear out. When I set my most recent goals 1) save up an emergency fund to replace my exhausted emergency fund over two years ago, it gave me focus. When I discovered that I had a relatively more stable income (although very low compared to US standards) it helped me formalize my goal of saving for raw land for my own much smaller homestead (before I found your blog) Although the deal to buy land has recently fallen through (they refused to let me see the original deed as a copy until the day I would go pay and sign the new deed), I know that I can keep looking and I’ll be even more ready when I come across another property I think would work. Having goals makes it easy to pass on many potential purchases with or without waiting 72 hours. It also makes it easier to go into work.
January 3, 2018 at 12:56 pm
I love the 72-hour rule – it makes so much sense. My Kindle is my worst temptation – love to read and its sooo easy to see that book and click that button. But I’ve rediscovered our wonderful county library and have built a weekly visit into my schedule so I can have plenty of books on hand. Also love the rediscover and repurpose ideas – so much fun to discover things in my own cabinets that can be used instead of having to go out and buy something new. And this blog has inspired me to make an inventory of what I do have and check there before going out to buy anything. You wouldn’t believe the duplicates I have of things that were just not visible on my crowded shelves.
Ann Warneka says:
January 3, 2018 at 5:52 pm
Adore your blog. The frugal ideas are realistic and educational. We had a house fire and lost almost everything this Fall. I find, being a frugal single mom, I have allowed my self to say No to many offered items and considered purchases. identifying my feelings and gently base decisions in reality, not when I shop. The fire was sad and a huge loss, finding a new freedom carefully choosing what purchases I accept. Holding onto my nest egg, keeping my life uncluttered, spending time with son, surrounded by people people and memories I love, not stuff!
January 19, 2018 at 11:12 pm
It’s funny about your found wood box. I have a similar story. My partner and I are trying to move off-grid (slowly, as ironically it is VERY expensive!) The very easiest way we could do this was to move to heating with wood. The house we live in is inherited, and my parents had a regular fireplace. One of the first purchases I made after I got the house was to replace that with a wood stove insert. Like you, we needed a semi-attractive and practical way to store wood inside next to the hearth. I kept the grate from the old fireplace, and we stack our wood on that! Sure, there are crumbs on the floor, but since our floors are wood, all we have to do is sweep up the mess every few days! It’s been a great solution!
February 7, 2018 at 6:15 am
I was saying to someone the other day how I’d get extremely anxious if I saw something I wanted and didn’t buy it there and then. It was like it was going to disappear unless I bought it straight away! I’m getting better and holding back and I think this 72 hour rule will really help me
My Early Retirement Journey says:
May 9, 2018 at 11:20 am
Actually sometimes having too many choices of what to buy has worked in my favor… sometimes I just can’t be bothered to make another decision… and so i buy nothing… recent examples… phone (7 years old, buttons won out…yes i said buttons), ipad cover since last one broke, sheets….
Siegrid says:
July 4, 2018 at 5:48 pm
I’ve been wanting to buy an outdoor portable gas grill because I plan to take my family for picnics instead of going to paid indoor play areas. I’ve been thinking about since June 25 and up until now, I still don’t have the courage to buy even if everything is on sale this July 4th. During my waiting period, I check Craigslist every other day to see if they have the specific item that I like. AmaZon sells it for $150 and Today I just found a new unopened grill for $100 in Craigslist. I still have to think about it for the Nth time till Sunday.
October 9, 2018 at 11:43 pm
Haha! I laughed at “Who wrote ‘snuggie blanket’ on here?” The best way I find to avoid impulse buying is to leave my wallet at home. There is something very relaxing and gratifying about “window shopping” or browsing with no money. I find I feel much more released to think about my purchases and prioritize, instead of feeling the non-existant literal pressure, but very real cultural pressure, to spend thae money “burning” through my pocket that needs to be spent right then and there. When i have my wallet with me, sometimes I buy something instantly. When I DON’T have my wallet, that same thing I would have bought I often end up thinking this about it, “Glad I didn’t buy that piece of garbage.”
January 3, 2019 at 3:51 pm
I like the 72 or more hour rule and try to use it ..I needed a chair and little table for our grandson when it comes to visit..but the playskool-little tykes are outrageous… I found a cute fold up chair at a thrift shop for $1.00 and days later as i was walking in my neighborhood i saw a designer label kids table on the curb with a FREE sign on it!! I grabbed it and gt it home,cleaned it up and now he has a seat and table…. FOR $1,00
Desia says:
July 3, 2019 at 4:06 pm
This was right on time.
I have also had a few moments that I had items on a list to purchase and ended up finding things right at home or free items from someone else that met the need. Amen!
Coral Clarke says:
July 4, 2019 at 4:36 am
Biggest saver for me is meal planning, and visiting Aldi at 6 week intervals, topping up fresh food as required at farmers market. No weekly supermarket visit reduces occasions of temptation! When I open the fridge each morning I check to see what should be used now, as opposed to “What do I fancy?” Result is virtually no food waste. I don’t go into a shop unless I have a specific need, as window shopping, for me, makes me break out in a rash of wants! I only carry a small amount of cash, my debit card is for real emergencies only. As a pensioner I work my money hard, have all that I need, and enough 9fvwhat I want to be happy!
SB says:
August 21, 2019 at 5:57 am
Your 3 categories of needs is a gem. Category #2, Fulfillment Needs – as long as it’s not abused – is the pressure valve that helps keep the process sane and doable.
For instance, EVERY money blog out there condemns cable TV. It’s something they say frugal people never indulge in. Well, everyone has his/her own reasons for what they do. As you said, everyone has to figure out those personal lines in their own sand. My situation is such that cable is a major benefit. I had already determined I probably wasn’t going to cut the cable. Now I feel much more comfortable with my choice.
Leah says:
January 2, 2020 at 8:41 pm
I am a college who recently entered the workforce, and working in an office directly on top of a luxury shopping has proven to be very fatal to my finances especially as I am trying to learn how to manage my money. The only thing that helps me curb my spending impulses to make a Eisenhower matrix every day to rationalize my purchases. Most of the time, most of the things fall into the lowest matrix, thus I would be able to hold off my desire to purchase at least one more day.
August 11, 2020 at 5:24 pm
I know this is an old post, but I remebered it today as I was contemplating buying a sink-caddy because I need somewhere to put the dishbrush, vegetable brush etc. And then I thought: Why not just put it in annold mason jar on the counter? My next thought was: This is just like the story of Mrs Frugalwoods’ woodbox! So that’s now my new «gold standard»: Finding something that’ll suffice. Thanks for giving me such a good benchmark!
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Recently I was asked by a friend, fellow writer Clark Knowles to participate in an interview excercise. He would send me 10 questions about my next book if I'd post the answers to my blog, then pass the questions on to another writer. The questions and my answers are below. This is the first time I am disclosing specific information about my next book.
What is the working title of your book?
I’m calling it The Earth is all that Lasts
Where did the idea come from?
I think the seed of the idea germinated while I was reading James Fennimore Cooper’s The Deerslayer. I have always been fascinated and in love with Native American culture, history and myth, and especially how that culture was changed by the incursion of the Europeans. After I read Deerslayer I began to wonder why there aren’t more books like this, books about the frontier that respect native culture, books that a boy like I was could fall in love with. I began to think about Indians and asking them to appear to me in some way that I could understand so that maybe a story would emerge. And it did.
What genre does your book fall under?
Probably literary fiction, but perhaps young adult. I was thinking about writing a YA novel from the get go.
Which actors would you choose to play your characters in a movie rendition?
I prefer not to color the reader’s (or my own) portraits of my characters ahead of time by associating them with famous faces. I like to keep my characters blurry.
What is the one-sentence synopsis of your book?
With just an old family bible to guide him, a white boy raised by Sioux Indians embarks upon a quest to find his origins and discover his name across Wyoming, Nebraska and Kansas in 1872.
How long did it take you to write the first draft of your manuscript?
The first draft took about fourteen months. But I had already written the first 1000 words on Twitter as a writing exercise and there was a gap of almost a year between that and the actual long-hand draft.
What other books would you compare this story to within your genre?
I think the book that comes closest is Cormac McCarthy’s The Crossing. Part of the inspiration came from my dear friend Andrew Wilson, a writer, who, upon reading a few pages said “It’s Cormac McCarthy for boys. That’s what I’m going for. But The Earth is all that Lasts is a classic hero’s quest in the mold of Joseph Campbell. So in that way I could compare the book to hundreds of such stories from The Odyssey to Cold Mountain.
Who or What inspired you to write this book?
Well, a big part of it was Fennimore-Cooper. I love his Natty Bumpo, his transformation to Deerslayer and then to Hawkeye. My main character, the young scout Hawthorn, was created very much with Hawkeye in mind. In fact, until I wrote that last sentence I never saw the phonetic connection between the two names. Fascinating. The subconscious mind is amazing. All these things swirl and swirl and some of them coalesce. It’s like making planets from stars.
What else about your book might pique the reader’s interest?
Hawthorn, though genetically white, is spiritually an Indian. His Sioux father is a great warrior and holy man called Old Rainbow who raised Hawthorn as his own son, with no prejudice. Hawthorn is not just an accomplished warrior, he’s also a Wolf Dreamer, which is a sort of prophet and a very exalted role in the tribe. A central theme is identity of course, but at the core of story is a struggle between two world views – that of Manifest Destiny and the subjugation that that entails and the ecological humility harmony represented by Native cultures. All this is set against the backdrop of a post-Civil War America. So it’s historical and there are elements of a Western, but it’s also a story about the meaning of family.
Check out Clark's blog for his answers by going to :
Friday, March 23, 2012, 12:48 AM
Posted by Administrator
Stamped steel, cured rubber, wireless communication and the wonder of flight. Modern miracles all. New centuries give birth to new magic. Technology, the code word for faster, cheaper, closer together. Technology draws us nearer, it pulls us in. It homogenizes and flattens. The illusion and safety of distances fade. Words and bodies now hurled through the very ether itself. What was once invisible, unreachable, becomes more convenient and clear. We see this as progress. We see this as good. No longer Earth-bound, no longer needing to shout to be heard. Our voices and our bodies are everywhere at once. We permeate the Earth with our shadows and sounds.
It is 1923 when the man builds his first coaster wagon. Initially they are constructed entirely of wood. By 1930 he transitions to steel and renames his creation in honor of the great wonder technologies of the day. People are now speaking to each other across oceans. Men are soaring ever further in their winged machines. Automobiles, no longer a curiosity, have almost become a necessary appliance. Speeding, speeding, speeding. Words and the mouths that voice them, untethered from their mortal moorings. It seems there is nothing we cannot conquer, cure, solve, do better. It is in this age that the Radio Flyer is born.
Antonio Pasin. The son of a Venetian cabinet-maker. He passes through Ellis Island at the age of sixteen. He builds his first wagon out of wood but he sees the future, he takes risks. In him there burns a dream we now call American, but such vision, such desire is innately human and lies not within the province of any one nation. You cannot find a dream on a map. He is an immigrant, who brings with him the latent passions and living craft of the thriving city-states whose merchants once ruled the world. If there is a definition of America it is this. The strength and intellect of the world condensed. Germans, Irish, Chinese, Poles. Africans. Mexicans. Italians. Strength, strength, strength. These are the lifters, the pullers, the haulers, the assemblers of machines. And dreamers all. Inventors. Minds mined. Minds collected. An amalgam of hope and determination.
Look closely at the image above, at the rusted Radio Flyer number 18. It sits perched upon a trunk that is also an emblem of a bygone era. A chest filled with dreams. To the left are the orange and white stripes of a canvas circus tent (What marvels lie within? What wonders?). And then, below the belly of the little red wagon, a woman sits, resting. Upon her back is an image of Mickey Mouse, the symbol of the world's greatest media empire and of a man named Walt who was himself the son of immigrants, who was himself a man of vision and dreams. Mickey Mouse came to life at about the same time of Antonio Pasin's Radio Flyer. His first incarnation, Steamboat Willie, also named after what was once a marvel of modern technology. So many layers to peel back. The photograph was taken at the Maker's Fair - which is itself an homage to handcrafted magic.
The Radio Flyer is a vehicle for dreams. It is at once car, rocket, speedboat, plane. It is a designed for children to sit in. It can be pushed or pulled. It rolls on rubber tires. It is as patient as a dog and sturdy as a tank. During the Depression the factory was churning out 1500 of them a day. During the Depression. The Radio Flyer is a singular marvel of simplicity. It is an emblem of youth. Every American has sat in one. Every American knows the sound it makes when it is pulled along the sidewalk with its wonky steering and squeaky wheels. The Radio Flyer is an American icon built by an immigrant who, upon seeing the Statue of Liberty, was so inspired, so moved, that he named his first creation in honor of the moment. He called his first wooden wagon the Liberty Coaster. Imagine that for a moment. Coasting in liberty.
Consider the humble red wagon. The workhorse machine for so many children's imaginations. The means of their first locomotion, their first taste of the freedom of driving. Speed. Wind. The sensation of gravity. How good that feels, how terrifying. That first rush of endorphins. The wagon, which was the training vehicle for the bicycle which was the training vehicle for the car. Such a simple invention. It's basically a roasting pan mounted on wheels. Can you feel it wobble? Can you hear that sound? That is the collected voice of an entire generation of dreamers. Men and women and who risked it all, who went all in on a dream. And to think, now we want to wall ourselves in and keep them out. Because we have forgotten who we are.
Wednesday, February 29, 2012, 01:00 AM
Posted by Administrator
Iron can be heated and poured, molten, into molds of almost any conceivable shape. For the better part of a century objects created in foundries and pieced together by human hands dominated our lives. Iron was the medium of the industrial revolution but wood was it's fuel. The world was conquered with iron and fire. Trees were the first victims of the holocaust that ensued. The hunger for dried tree flesh was rivaled only by the madness for metal. First, sharpened metal in the form of edged weaponry, then metal slugs and metal jackets - high speed projectiles and the containers of fire. He who had the most metal won most disputes and though there were other factors, it's always come down to he who wields the most fire, the best fire, the most spectacularly accurate fire. If Prometheus only knew. All of history seems predicated on the refinement of fire delivery and containment. Burning is the epitome of violence and the father of it. We burn to extract and forge and shape and hurl. To move things fast you need to burn something somewhere along the line. Fire is our god; or not. But fire is the king. He keeps his subjects safe and warm.
An object, made from fire and iron, becomes a container for a smaller and more controlled fire, a personal fire, a pet fire, a fire that eats trees and heats soup. A stove is a fire box and this one, the Victoria, wastes away now in a cabin in rural Georgia. To contain heat, to direct it and disperse it evenly, is a principle that has given us much in the way of comfort and convenience. But those benefits are short-lived; and short-sighted. We now understand better the value of trees, and the harmful effects of smoke. This stove, therefore, is a symbol of arrogance and greed. It is represents consumerism, the disposable society and a transition in lifestyle. If we're no longer tied to the land, why would we expect people to care for it?
This is just a stove. The women who worked here were only trying to live better lives, more productive lives - easier lives. They burned wood because there was an endless supply of it and burning wood was all they ever knew or could foresee. Someone once was very proud to stand before this stove. Someone thought it was beautiful. This stove saved some woman from a life of perpetual toil above an outdoor pit. It helped feed people, this blue stove, and it helped to keep them warm. A family. Maybe a whole generation grew up around this stove. Nobody knew about climate change back then. Nobody could conceive of a hydrogen bomb. They didn't understand mass extinctions or Kalashnikov rifles. Iron and fire were good things, signs of progress, the ease of hardships, the end of suffering, answers to prayers. All the objects in this photograph - the window, the mirror the planks of the walls, all of these things were achieved because we learned how to control fire, to manage heat and flame. And what of the light that shines through this window to illuminate the stove? Fire. The light of a fire 93 million miles away. We owe the very fact that we see to fire. Our greatest evolutionary advancement, our greatest gift - vision, sight - the thing that makes what our brains think of possible. All the result of a very distant, and dying, flame.
o O o
Heads of the Dead
Sunday, February 5, 2012, 01:12 AM
Posted by Administrator
Skull-hunting is a pastime I took up in order to teach myself patience and humility. Patience because finding a skull is a hard thing to do. And humility because they're skulls - the remnants of the heads' of the dead. A skull is a fascinating and terrifying thing. By itself it is the very symbol of death, yet within one we can see, still, the features that once gave it life, that gave it awareness and voice - its eyes and teeth. Because we associate a skull with death, we see death in bared teeth and eyes hollowed. When the flesh is stripped away we see the basic form of the animal below, we see what we are, a marvel of microscopic systems that assemble to create a form; a form that procreates form. Skulls are not easy to collect, unless you buy them. But that wouldn't be serendipitous, and then they wouldn't be gifts. A skull should be discovered, stumbled upon, won through effort and exertion. And the only way to find them is not to look.
This was a fox. It's all that remains of him. It's sitting beside a grave in an old Catholic cemetery where it must have been for months without anyone having noticed it. It died here. I know this because I found it still attached to its spine, amid a cluster of other bones that were its ribs and limbs. So it died here, or was dragged here, and here it sat undisturbed until I happened along accidentally, because I was bored and wanted to go out and use my camera. I came to the cemetery to photograph the monuments of the dead and found this.
The head is where it all happens. It is the home of thought and action. It is the one external part of our bodies we can't live without. There was a reason why, in times not so recently past, that power took the heads the powerless. To take a head is to utterly destroy, but more than that, it is to utterly defile. The head on the pike was a symbol of supremacy and a beacon of fear. The skull meant death, but it also means life. The skull is proof of the miracle of life, of intelligent life. The creature whose brain requires such protection is surely worth living, and passing on its crazy formula for a slightly altered duplicate of itself. To house eyes and guard brain, to receive and process the very smell of living, the various sounds of it, the vibrations life makes, all the images, memories, voices and songs that were once contained within, even the fox - what things it alone has seen and heard and tasted and smelled before it met it's end? The skull is a talisman that can tell no story, but all stories.
o O o
Tuesday, January 17, 2012, 11:16 PM
Posted by Administrator
Photography is ostensibly a means to discover the world around us. But the world around us, if we look closely, is a reflection of ourselves. Often, it is the unexpected discovery that leads us to a deeper understanding of who we are in the moment. Take for example this duck. I found it at Limantour Beach one morning sitting atop a dumpster. There was no one around, but there was a crow in a tree nearby watching me as I approached. The duck was about the size of a child, slumped over and staring directly at me, as if waiting for my arrival. Upon closer inspection I found it to be saturated with water. It was likely found on the beach, washed up by the waves after having been tossed in the ocean. What I would have given to have been the one to find it there on the beach. But that was not my destiny. The duck was waiting for me where it was meant for me to see and it seemed that the crow was waiting too. He watched me take my photographs, curiously rubbing his beak back and forth across the branch he was sitting on in that strange way that crows do.
So, here was one bird, real and living, watching my reaction to another, stuffed and perched on a trash receptacle where it was bound for some landfill. What was it thinking, this crow? Did it recognize the form of this effigy? Could it recognize that it was a likeness of something living? I believe that it could, and did.
But at the time I was focused on the duck. How did it get here? What journey did it take? From some factory in a land far across oceans, fabricated by cheap labor, a wiry Chinese lad with a cigarette dangling from his mouth, and shipped back across the seas in a dark container aboard one of those behemoth ships of the Han-Sing line, bound for a carnival side show perhaps where it hung for months above some rigged game of chance, waiting amid the smoke and calliope, coveted by thousands of little girls before it was won one sultry evening by a rangy young man half-drunk on watered down PBR's yet still deadly with a fastball. How he carried it in triumph all that night, or maybe gave it to his girl, where hung beneath her skinny arm suffering her giggles and spilled beer, and then maybe sat atop her nightstand staring back at her through the dark of a thousand nights in some Velveteen dream that was never quite fulfilled. Of course he was named. Of course he was forgotten and abandoned and then tossed away, flung back into the ocean from which he came, the castaway duck riding the currents face down, buoyant but not as a duck should be, because of course he's not really a duck but only a facsimile fashioned out of polyester to appear duck-like to simpletons who are so easily deceived.
So, although I took hundreds of photographs that day - photographs of trees and sand dunes and objects that were not representations, but true - this, this first photograph of the day was the most meaningful, the most lasting, the most surreal. I could have turned around and went home without taking another and called the day good. The duck and I, we had ourselves a little conversation. Me with my feeble words and my surrogate eye, and he with that knowing look in his eyes, a look that says, who's the fool now? He was on his way to the dump to rot, forgotten. By my turn would come soon enough. And what story would stand for me after I was gone?
| 18,168 |
Raceway called me twice on Thursday, once in the morning just after they opened and then again later in the day. The first call was to let me know that they were assembling the bike again and that it would be ready on Friday morning about noon. The second call was around 3:30pm to let me know that it was done and ready to be picked up in case I was in a real hurry to get going.
On Friday morning, Brad gave me a ride back to Salem via a scenic route (which I would never be able to duplicate) to pick up the rig. They replaced the header, the right cat, muffler, all of the exhaust system clamps and bolts. I shouldn't need the rope and steel hook to keep the muffler attached to the rig. You can also see the new right cylinder which includes the piston and rings. They also replaced the lifters, lifter guides and pushrods. One of the pushrods had a lot of wear on the end which was the reason for going out of adjustment so frequently.
The entire final drive was replaced along with the grease soaked rear brake pads backing plates and springs. The rear brakes actually provide some braking now! I don't think they did much since I purchased the rig and I assumed it was one of those "They all do that" things. Now I know better. The final drive also included the main drive shaft u-joint. All of this shiny new stuff makes the rest of the bike look pretty filthy.
The sidecar drive axle was replaced along with the u-joint. The splined coupler that connects the splines on the axle to the wheel was in good shape and reused as were the axle bearings.
They replaced the hydralic steering damper as the seals were leaking. This was the retrofit steering damper that Ural started to use on the 2014 models. I was told that many of the early dampers had started to leak and this was one of them. This showed up when they took the rig for a test ride after the alignment was done. Not pictured is the new kick start lever and the retrofit timing cover which allows me to use the spin-on oil filter. They now use a strong magnet on the bottom of the gas tank to help hold the reverse lever in place. Mine always wanted to slip back into neutral unless you slightly engaged the clutch to hold it in position. The also replaced the fuel lines including replacing the plastic "T" with a brass "T". Something that I tried doing before leaving on this trip but couldn't find one in Fairbanks.
I also picked up a spare "donut", the rubber coupler between the engine and the drive shaft. And a couple of the rubber timing plugs. I had lost the original at one of the campgrounds where I had adjusted the valves.
While at Raceway, it was difficult to avoid picking up a real farkle as they have a lot of stuff on display. It is simply a clear anodized aluminum ring that provides a little more "structure" to the ignition. Normally, it's just the lock barrel sticking out about an inch. It looked very unfinished. Isn't is shiny...
How does it run? I think that it is running lean as there is some popping and the left cylinder CHT is running pretty hot. I checked the compliance fittings, all of the exhaust bolts and the vacuum hose on the left side that controls the petcock. All are tight. When I called Raceway, they said it may be timing and the next time I'm in the area, stop by so it could be checked. The idle speed was set to about 700 rpm and it frequently died at intersections. I plugged in the TwinMax and resynched the carbs after raising the idle back to 900-1000 rpm. No more dying at intersections.
I think that's about it after the rig spent the last 12 days in the shop. Thank you to Ural and the Raceway staff, especially Kurt, the wrench that worked on the rig. Ural came through even though only one month is left on the extended warranty! Raceway even had free t-shirts for Brad and I.
Posted with Blogsy
Posted by RichardM at 3:59 PM
12 comments:
SonjaM July 17, 2015 at 4:42 PM
Raceway really stand by their products. Respect for pulling it through warranty. If I lived closely to them I would immediately consider buying a motorcycle from them. Seems like a very fine company.
Finally back on the road, eh!
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RichardM July 17, 2015 at 9:13 PM
Yes, I'm satisfied with the service. It seems over and above. I'm still a little concerned with the "popping" which suggests lean running.
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Learning to Golf July 17, 2015 at 4:54 PM
Hooray for getting back on the road. That Ural warranty seems first class. Between you and Dom, Raceway got a wad of their money.
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RichardM July 17, 2015 at 9:15 PM
The extended warranty seems really worth it. And Ural stands behind their product.
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VStar Lady July 17, 2015 at 6:10 PM
Great news! Can't wait to see where it will take you now!
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RichardM July 17, 2015 at 9:17 PM
Initially, I'm heading south. I need to keep the speed down for a break-in period.
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Troubadour July 17, 2015 at 6:27 PM
Always ask them to throw in a t-shirt, sometimes you win.
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RichardM July 17, 2015 at 9:17 PM
It never even crossed my mind. Thank you for asking!
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redlegsrides July 18, 2015 at 6:16 AM
Isn't it great how URAL stands by their product? So glad you got your rig back. Any pics of the worn pushrod? Any thoughts on their part as to cause?
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| 2,994 |
While laying in my bed at 7 in the morning here on what is now Saturday, I find myself unable to stop thinking about a topic I find myself often coming back to.
One I’m sure many of us often ponder!
I feel, more and more nowadays, that you continue to keep seeing and hearing people talk about slowly losing what little “faith in humanity” they may have left.
I find myself, more often than not, agreeing with this line of thinking no matter how depressing it may be!
However, no matter how much I do occasionally feel this way I still never seem to be able to lose my sense of “hope” whether I want to or not. I always tend to see the good in people when others may not be able to. (Unless they may have done something “absolutely unforgivable” which honestly is only a few things that are mostly universally acknowledged to be terrible. As such, I won’t begin to list them off at this time.)
I’m not one to “toot my own horn” as they say, but throughout most of my life I have always had people, both personally and professionally, tell me that I’m “one of the nicest people they have ever met!”
What makes me that much different from the vast majority that allows people to pick up on this about me when I don’t feel I do anything special at all…
Is it because I always treat everyone the same no matter what?
Or that I genuinely care about everyone that I meet no matter how big or small the interaction may be?
I truly don’t understand it most the time, and as much as it is nice to hear it also makes me just as sad…
For so many people to say this when I do nothing phenomenal is just upsetting I guess?
I feel like most of the stuff you learn when your in say, kindergarten are honestly the best words you can ever live by!
“Treat others how you want to be treated!”
“If you have nothing nice to say, it may be better to say nothing at all.”
You know? Simple phrases and sayings along these lines.
It all sounds so simple to me and I don’t understand why it’s so hard for some to be like this?
Sure, I understand that human nature can be a very hard thing to overcome sometimes. The norm, more often that not, in our society is one of selfishness sadly…
I understand but when such simple words and actions for all you know could make all the difference in a person’s day then why not simply do that…?
It baffles me most of the time to say the least!
In my younger days, I used to be one of those people who would rant and rave about how they were gonna CHANGE THE WORLD AND MAKE IT BETTER PLACE!
I still do feel this way for the most part but I am, however, significantly less passionate about it then I once was.
This kills me some days!
Indifference of good people being one of the greatest evils and all that jazz being another very well known popular phrase!
Growing older just, sadly, has a way of crushing your hopes and dreams when you are constantly just bombarded by the realities of life I suppose?
I’ve come to accept, for the most part, that the change I’ve always wanted to see in the world is “idealistic.” Most likely, it will never happen until like some great disaster or tragedy causes all of humanity to come together, or something along those lines, in the best possible way!
With the current state of things, especially in recent years, whether this end up being brought on by natural means or otherwise could very well be in the near future for all I know. I just truly pray that if such an event does ever occur that humanity can truly come out triumphant.
I mentioned once briefly in a previous post about one of the reasons why I love blogging so much is because you get news and information right from the mouths of real people. I stopped following more traditional forms of these quite some time ago. It’s really the only way I’ve been able to mildly be able to function without constantly being depressed about the state of the world.
I’ll never be able to understand things like war, poverty, corporate greed, etc…
Once again, I know this is all very idealistic but I truly never will.
It baffles me when we are beyond capable of changing things that would allow everyone adequate resources and the basic necessities of life why we just don’t simply put this into action as a society?
Nowadays, I mainly just live by another very common phrase and/or philosophy, “Be the change you want to see in the World!“
If even one person is in someway affected and/or touched by a simple gesture or kind word that influences them to reflect and perhaps act as such more in their own lives then couldn’t this potentially trickle down until the whole world was affected?
I know this is not realistically possible but it’s a nice thought none the less.
Human nature will always still be what it is. At least, with the way our current society continues to function.
Anyways, just some late night/early morning thoughts from a girl who tends to struggle to sleep on a daily basis!
(The title for this post was slightly influenced by the genius musician and master poet Jack Johnson for any of my music loving followers out there! I really have to make a “Media Mondays” post on that man one day because just WOW! He truly is nothing short of amazing!)
Thank you so much for Reading!
Be good to each other people!
It’s not that hard of a concept!
“Searching waves”by maik_sv is licensed under CC BY-NC-ND 2.0
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| 5,989 |
Unbelievable. Hours after Magic Alonso put on the performance of his life, going from an airborne crash with Lance Stroll to P7, he’s had his points finish taken away from him. Life isn’t fair.
After the race finished, Haas lodged a protest with the FIA as they felt both Alonso and Sergio Perez had moments during the Grand Prix where their cars were in a ‘damaged condition’. Haas weren’t happy that neither car where shown a black and orange flag, sometimes called a meatball flag, which would have forced them to pit and repair their car during the race.
So, why do Haas care so much? Well, Kevin Magnussen has been met by black and orange flags – always less than ideal and sometimes potentially ruinous in terms of race strategy – on three separate occasions this season, most recently in Singapore.
In the FIA document, Haas revealed that they told Race Control on two occasions during the race that Alonso’s wing mirror was flapping around after his crash with Lance Stroll. The team was told it was being looked into, but eventually the wing mirror came off itself.
Alpine stated that the mirror came off through no fault of Alonso and that when it did fly off, there was a gap to the car behind him, which his race engineer was warning him of. They also mentioned how Charles Leclerc and Lewis Hamilton both had wing mirror problems at Suzuka in 2019 but were allowed to continue.
Jo Bauer, the FIA’s Technical Delegate, then stated that he saw the car as unsafe for several reasons; the first being that a “flapping mirror was dangerous and it could come loose and hit another driver causing injury” and secondly that it was not safe to drive a car with a mirror missing.
The Stewards said they were “deeply concerned” that Alonso was not given a black and orange flag or at least a radio call to sort the situation, despite being told about it TWICE. I mean, fans at home could even see his mirror bouncing around on the TV coverage…
After all of this, the FIA handed a ten-second Stop and Go penalty to Alonso, which translates to a 30-second time penalty after the race. Pretty shocking. That drops him from his heroic seventh to P15 once the penalty is applied.
Sergio Perez also had a damaged Red Bull for part of the race, but the FIA dismissed this case as part of the front endplate broke off shortly after.
Is the penalty unfair? Let us know in the comments.
October 24, 2022 at 7:45 am
The FIA is a f***ing joke. Zero consistency and it was clear this was a racing incident. I’m actually getting bored of F1 after 30 years of watching it. This year I think I’ve only managed about 5 races and all those post-race decisions just ruin everything. You never know what might happen and probably have better odds playing the lottery.
I think I’m done with this year. What’s the point of even watching anymore.
October 24, 2022 at 8:10 am
Blown away. This truly is the only sport that have such massive changes to the final results (that I know of). Insanity. Yeah, sure, I can understand HAAS their point of view. But this is getting ridiculous.
LaddyOLake says:
October 24, 2022 at 12:38 pm
They should have black or black and orange flagged Alonso in the race for the car being unsafe, not given him a post race penalty. Not Alonso’s fault that the car was unsafe, so why penalize him for that in this way? Hopefully this serves as a lesson to race control that they need to make faster decisions, but of course it’s a driver/team taking the pain not them.
Haas had every right to lodge that complaint. I wish race control would take accountability for their actions.
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U.S. military veterans can enjoy a dance, show off their uniform, or if they can’t fit in that uniform anymore, show off the medals earned while serving their country. For veterans, the dance, a semi-formal ball, is free of charge.
Memorial Hall, 1 East Third, will be the venue for that dance to honor military veterans in a unique way on November 11 from 7 to 10:30 p.m.
Friends of Fort Scott National Historic Site (FFSNHS )decided to have a second ball, following the Labor Day Grand Ball they facilitated last year in honor of the centennial of the National Park Service.
“Everybody had a great time,” Dee Young, member of the Friends group, said of the ball last year. “People asked ‘When is the next one?'”
That began Young thinking about another event, this one to honor vets. She brought the idea to the Friends board, who decided a ball was a great way to honor veterans, she said.
Veterans who wear their uniform or bring military identification of some sort, a ribbon or medal, for example, will get in for free.
Since the theme of Fort Scott National Historic Site is looking at life at the fort on the prairie in the 1840s, other attendees are encouraged to wear appropriate period clothing to the ball. Or, alternately semi-formal party wear may be worn.
Sweet and savory refreshments will be served and all proceeds go to the FFSNHS organization.
Don’t know how to dance like people in the 1840s?
1800s style dance lessons will be offered for free from 10 a.m. to 1 p.m. the day of the event, November 11, at the fort, in the Grand Hall. Street clothes are appropriate for the dance lessons, Young said.
Submitted by Dee Young. Last year’s Labor Day Celebration Grand Ball.
Tickets for the ball: general public– $20 in advance/$25 at the door per person or two for $30 in advance/$40 at the door; FFSNHS members– $15 in advance/$20 at the door; and children 12 and under and dance observers– $5.
Each year the Friends of Fort Scott National Historic Site provide a meal for the citizens following the U.S. Naturalization Ceremony on the grounds of the fort, they also serve ice cream at the fort’s Independence Day celebration and provide educational programs throughout the year as well.
Other 2017 activities the FFSNHS group helped with: the Native Neighbors event, a Fort Scott Community Foundation grant to help with the 175th anniversary of the fort, a grant for youth engagement at the fort through an Irby Family grant, a Sunflower Castle Home Tour, a Candlelight Tour in December, the Friends Fest 2017, Dancing With Our Stars 2017,Every Kid In A Park Grant, and drinks during the solar eclipse.
Tomorrow is the first day that tickets for the annual Candlelight Tour at Fort Scott National Historic Site go on sale. Tickets should be purchased early for choice of times. Usually, all tickets sell out, according to the fort’s website. This year’s tours will be offered December 1 and 2. Tours on December 1, will begin at 6:30 p.m. and go every 15 minutes until 9 p.m. On Saturday, December 2, the tours will run from 5 p.m. to 8:45 p.m.
Tickets can be purchased by calling 620-223-0310 or by coming to the visitor center at the fort. The fort is located at the north end of downtown Fort Scott. Tickets are $8. each and are non-refundable. Children 5 and under are free.
October 30, 2017 Loretta George Leave a comment
Submitted by Mercy Hospital
Groundbreaking for new memorial benches in Riverfront Park was Oct. 26. From left: Chad Brown, City of Fort Scott public works director; Deb Needleman, City of Fort Scott human resources manager; JoLynne Mitchell, City of Fort Scott mayor; Allen Warren, Riverfront Authority board member; Becky Davied, Mercy director of home health and hospice; and Chris Welch, Mercy home health and hospice community relations coordinator.
Mercy Hospice is celebrating its fifth year anniversary with a special thank you to the community and all those who have allowed the hospice care team into their lives.
To commemorate the anniversary, Mercy Hospice is giving back to the community by placing a pair of memorial benches on a paver patio at the Riverfront Park just north of Fort Scott.
“We hope that this can be a place where families can gather to remember their loved ones,” said Chris Welch, Mercy Home Health and Hospice community relations coordinator.
To launch the project, a groundbreaking ceremony was held on Thursday, Oct. 26.
“This wouldn’t be possible without cooperation from the City of Fort Scott, the Riverfront Authority and partial funding by the Fort Scott Area Community Foundation,” Welch added.
October 30, 2017 Loretta George Leave a comment
Tyler and Megan Allen show the new Fort Scott Church of the Nazarene’s children’s wing just completed in September. There are a “cat-walk” area, a multi-story slide and sensory room for special needs kids in the room.
Fort Scott Church of the Nazarene has a heart for youth according to its new youth pastor, Tyler Allen.
In January the church members hired Allen and his wife, Megan Allen. Megan is the children’s pastor at the church.
Tyler grew up in Parsons, while Megan hales from Stark City, Mo.
They have been in ministry in western Kansas and Ava, Mo. for the last five years.
In September Fort Scott Church of the Nazarene completed a new children’s wing.
Megan Allen stands near the front desk of the new children’s wing of Fort Scott Church of the Nazarene.
The new children’s wing of Fort Scott Church of the Nazarene, completed in September is located on the south side of the church. The church is located at 1728 S. Horton.
“We have a sensory room to accommodate special needs children,” Megan said.
There is a children’s ministry for pre-school through sixth grade on Wednesday nights, she said.
In September Club 56 was launched for 5th and 6th-grade students.
On Sunday mornings the 5th and 6th-graders are part of the kid’s leadership team in children’s church, she said.
“They are helping with technology and lead worship and help younger kids,” Megan said.
Additionally, Tyler has an area specifically for teens, 7th through 12th grade, to meet.
Tyler Allen stands in the worship area of the teen ministry room at Fort Scott Church of the Nazarene.
A college ministry meets once a week at the church as well.
“Fort Scott Nazarene as a church has a vision for kids and teens and their families,” Tyler said.
The church also received a new lead pastor, Virgil Peck, in July 2016.
“I got a call,” Peck said. “We were looking for a community to allow our kids a place to grow up.”
Peck was a youth pastor for 15 years.
He and wife, Lisa, have two children, Hannah, 11 years-old and Trenton, 13.
The Peck’s spent four years in Carthage, Mo. and nine years in Iowa before coming to Fort Scott.
Peck was born in Fort Scott and still has a lot of relations here, he said.
Other ministries of the church:
The church organized and facilitates the Common Ground Coffee Company, 116 S. Main, in downtown Fort Scott.
Celebrate Recovery meets weekly at the church.
Jeff Dillow has been the worship and administrative pastor for five years.
The worship center at Fort Scott Church of the Nazarene.
The welcome sign at Fort Scott Church of the Nazarene.
October 29, 2017 Submitted Story Leave a comment
Submitted by Christopher Petty
Are you a deer hunter? Do you have land that you want to attract deer onto? If the answer is yes, then join us for an informational meeting on deer management for landowners.
Hi, this is Christopher Petty, Livestock Production and Forage Management Extension Agent for the Southwind District of K-State Research and Extension. I would like to invite you to attend this meeting on November 16, beginning with a meal at 6 p.m. at Coburn’s Kitchen in Stark, Kan.
The program will feature Kansas State University Extension Wildlife Specialist Charlie Lee, and will focus on habitat evaluation, food plots, feed supplements, diseases and antler growth.
A $10 fee payable to Colburn’s Kitchen will cover meals and materials. Space is limited, so call now to pre-register at the Southwind District – Erie Office at 620-244- 3826, that’s 620-244-3826.
Schooling at home
October 27, 2017 Loretta George 4 Comments
USD 234 Director of Curriculum Nicki Traul, looks over a computer a student turned in.
Additional options are what Nicki Traul, USD 234 director of curriculum says is a good reason to offer school classes at home for students.
“Students for all reasons; medical, parent choice, multiple reasons find that a brick-and-mortar school isn’t for them,” Traul said. “High school isn’t a good fit for everyone.”
One example Traul gave is supporting a student who had surgery and wasn’t able to attend school, she said.
USD 234 started offering home-school options to junior and senior high students one year ago.
The school district initially looked at home-school options for students who failed a course and had to retake it, she said.
“I had worked at Greenbush (Southeast Kansas Education Service Center), and had a background in virtual learning,” Traul said.
But lest students think this is an easy way out of not having to attend classes at school, Traul says this option is not for everyone.
“You have to be disciplined,” she said. “You have to put in 30 hours per week and at least six classes…about the same as a brick-and-morter school. You can be truant if not putting hours into the school work. ”
“We meet with the student and parents,” Traul said. “I want them to fully understand it’s not easy. They have to be self-driven.”
During an initial orientation, students learn “all the ins and outs of the system,” she said.
Full-time students are provided with a computer on which to do assignments, with internet service to be provided by the student.
The computer is turned in at the end of the year, she said.
The district uses a state-approved system, Edgenuity, which has teachers instructing a lesson.
Edgenuity is a provider of K-12 online and blended learning solutions including online courses, credit recovery, intervention, and test preparation, according to its’ website.
The system is available 24 hours a day, seven days a week, she said.
Parents and students can meet with Traul at any point in the year.
A part of the program is letting students know if “they are on track or behind” in progress during the semester, she said.
Students must pay high school fees that other students are required to pay.
Funding for the initiative is from the U.S. Department of Education, rural and low-income school program.
October 26, 2017 Patty LaRoche Leave a comment
Being wronged is never easy, no matter how menial the offense, because the chance to demonstrate our faith is always on the line. “I’m right, and you’re not” lurks like a caged animal desperate to escape. Because of my trust in Google Maps, I was in that cage last week.
Dave and I chose a four-star, Chinese restaurant—obviously so-ranked by starving reviewers– that, although eight miles out of the way, promised a grand buffet worth the drive. Clue one this wasn’t a popular restaurant was the lone car in the parking lot which, as it turned out, belonged to the hwc (hostess/waitress/cook). Multi-tasking at its finest. The menu wasn’t extensive—there was no buffet—but it had several chicken dishes, so I asked which ones had white meat. Simple question.
In her thick, Chinese accent, our hwc mentioned three, with General Tso being one. To avoid any language barrier, I spoke slowly. “General-Tso-is-white-meat?” She assured me it was. “Not-pressed- chicken-but- real-white-meat?” Yes, it was. Dave gave me his look which let me know I’d gone too far. In his opinion, we should not be fussy in a restaurant. Even if he asks for a hamburger well done and it arrives mooing and swatting flies, he won’t complain. If I, on the other hand, ask to speak to the management, he skedaddles for the bathroom.
While our entrees were being prepared, our hwc refilled three times the three sips we had drunk from our water glasses, brought Dave chopsticks and repeatedly asked if we would recommend the hot and sour soup to our friends. She was desperate and I felt sorry for her. I said I would.
When our food arrived, Dave’s shrimp fried rice looked scrumptious. My “chicken” was a crusty shell encasing a pea-size portion of dark meat. DARK—white’s opposite. I munched on the two broccoli pieces and the rice, and because we were the only customers and our hwc was trying so hard, I opted to say nothing. I know. Shock! Shock! “Let the words of my mouth and the meditation of my heart be acceptable in your sight, O Lord, my rock and my redeemer.” I’m sure I heard angels applauding. Or perhaps it was Dave.
No, it had to be angels.
When our check was presented and my chicken leftovers removed from the table, I was flabbergasted by what came next from our hwc: “Why you order General Tso since you say you like white meat? Next time you come, you need order white meat.” Let the words of my mouth and the meditation of my heart be acceptable in your sight, O Lord, my rock and my redeemer.
While I decided if what my heart was meditating on should stay there or be uncaged, Dave hastily pulled out his wallet, paid the bill and reminded me that we were in a hurry. (We weren’t.) I knew I had a choice. I could be honest and help this poor lady not make the same mistake in the future with someone less loving, or I could make Dave happy and remain silent. I opted to please my husband. After all, it was a long ride home. Too, when it came down to it, it could have been worse.
At least my chicken wasn’t mooing and swatting flies.
Obituary
October 26, 2017 Submitted Story Leave a comment
Submitted by Cheney Witt Funeral Home
Kenneth Don Cook, age 56, a resident of Fort Scott, died at his home Thursday, October 26, 2017.
He was born May 10, 1961, in Kansas City, Kan., the son of Don Cook and Linda Ingle Cook. He attended J.C. Harmon High School in Kansas City, Kan. He Married Debra J. Austin on December 31, 1998, in Randolph, Mo. Together Kenneth and Debra operated KDC Transportation. He loved to watch NHRA drag racing and working on cars and trucks. Kenneth loved spending time playing with his grandchildren.
Survivors include his wife, Debra, of the home; two sons, Stuart Lee Cook, Fulton, Kan., and Steven Louis Cook, Mound City, Kan.; four daughters, Stephanie Ann Pritchard Varner, Bartlesville, Okla., Jennifer Colleen Pritchard Bresee, Kirbyville, Mo., Jessica Joann Coolidge Wells, and Stephanie Lynn Cook Spangler, both of Fort Scott; his mother, Linda Ingle Main, Olathe, Kan.; grandmother, Regina Keeton Ingle; two sisters, Sandra “Sandy” Cook Mather, Olathe, Kan., Melissa “Missy” Cook Courtright, Gardner, Kan.; 17 grandchildren, as well as many nieces, nephews, aunts and uncles. He was preceded in death by his father; grandparents, Oliver L. Ingle, Minnie Belle Cook, and John Thomas Cook.
There was cremation. A celebration of life will be held 2 p.m. Monday, October 30, 2017, at the Cheney Witt Chapel. The family will receive friends from 1 p.m. until service time Monday at the chapel. Memorials are suggested to Kenneth Cook Memorial Fund and may be left in care of the Cheney Witt Chapel, PO Box 347, 201 S. Main, Ft. Scott, KS 66701. Words of remembrance may be submitted to the online guestbook at cheneywitt.com.
October 26, 2017 Loretta George Leave a comment
The Boiler Room Brewhaus will be located in the Beaux Arts Center, 102 S. National.
Barbara and Bryan Ritter are turning a homebrew hobby into a business.
“Over the past year several people have mentioned that we should do this,” Barbara said. “We brew beer at home and enjoy it. So we decided to go for it.”
Barbara Ritter did research and found that microbreweries are opening in small historic towns, she said.
The Ritter’s are leasing the southwest corner of the Beaux Art Center’s basement from owners, Bobby and Denise Duncan.
“We envision that it will bring in people to Fort Scott,” she said. “They will see these old buildings and start putting money back into this amazing town. We see the brewery as bringing in new tourists.”
Bryan and Barbara Ritter hope to have a microbrewery open by years end.
Bryan Ritter will be the primary brewer.
“It will be craft beer, part of it from the water from Fort Scott Lake and the Marmaton River,” Bryan said. “The other part of the beer is grain and hops. Hops are what gives it flavor.”
The Ritters found a hops farm in Ottawa and other ingredients will be locally resourced, he said.
They will use honey from their farm in producing the beer, along with wildflowers, fruit, and nuts.
The Ritter’s have owned Black Dog Farm, near Garland, for five years.
So far in the process, city, county, and federal approval have been given the Ritters.
“The state has visited the premise,” Bryan said. “A few more things they need to receive from us. Then we can start the brewery.”
Because beer takes time to ferment, it will have to cook for a few months, he said.
“We are hoping around Christmas or New Years to be open,” Bryan said.
Fort Scott Commemorates 175th Anniversary during 36th Annual Candlelight Tour
October 25, 2017 Submitted Story Leave a comment
Submitted by Fort Scott National Historic Site
“Life has a positive and negative side. Happy people ignore the negative side” Bangambiki Habyarimana
One hundred seventy-five years ago, soldiers established a fort atop a bluff overlooking the Marmaton River. Its purpose was to keep peace on the frontier and to contain westward expansion. To patrol the frontier, the army stationed dragoon and infantry soldiers at Fort Scott. These soldiers faced the challenges of boredom, isolation, the uncertainty of life on the frontier and the vast distances involved in patrolling the region. Nevertheless, they found ways to celebrate life and to make the best of their situation. They remained vigilant in their duties yet took time out to enjoy dances, dinner parties, evening socials, and camaraderie. They found a reason to celebrate at Christmas time, the 4th of July, and other occasions. Although isolated on the frontier, they sought excellence as they built “the Crack Post of the Frontier.”
Fort Scott National Historic Site will celebrate its 175th anniversary by presenting its 36th annual Candlelight Tour. The theme for this year’s candlelight tour is Happiness Amid Hardship. The tour will feature five scenes from the 1840s at Fort Scott, the years that it was an active military fort. Traditionally, the site’s candlelight tour has been “ghosted,” meaning that the reenactors in the scene do not interact with or even recognize the people on the tour. This year, Fort Scott staff is changing things up so that there is some audience participation in most of the scenes. Visitors might join in dancing at the dragoon barracks, participate in an evening social at the officers’ quarters, or discuss at the sutler store the reasons why they are going to become Oregon pioneers.
During the candlelight tour, over 700 candle lanterns illuminate the site and over 100 reenactors bring the fort to life. This year’s tours will be offered December 1 and 2, 2017. Tours on December 1, will begin at 6:30 p.m. and go every 15 minutes until 9 p.m. On Saturday, December 2, the tours will run from 5 p.m. to 8:45 p.m.
Ticket sales begin on November 1. You can purchase tickets by calling 620-223-0310 or by coming to the visitor center at Fort Scott NHS. Be sure to get your tickets early for your choice of tour times as this event usually sells out. Tickets are $8.00 each and are non-refundable. Children 5 and under are free.
From November 1 to March 31, Fort Scott National Historic Site, a unit of the National Park Service, will be open for its winter hours of operation from 8:30 a.m. to 4:30 p.m. daily. For more information about the candlelight tour or other events at the site, call 620-223-0310 or visit our website at www.nps.gov/fosc.
October 25, 2017 Loretta George 1 Comment
Community Christian Church and Fort Scott Church of the Nazarene are partnering this year to produce “Halloween on Horton” on October 31.
“We are partnering to do advertising on social media about both churches doing something the same evening,” Paul Martin, children’s pastor at CCC, said.
“We thought, let’s promote it together,” Jeff Dillow, associate pastor at the Nazarene church, said.
The CCC event is from 5 to 8 p.m., the Nazarene event is from 5:30 to 7 p.m. on Halloween evening. Both the churches are located on Horton Street near Fort Scott Community College.
“This is the sixth year we’ve done it on-site,” Dillow said. “A small army gets involved that night.”
Susan Lemon heads up the Nazarene volunteers, Dillow said.
“We want to take the opportunity to let our community know we care about them and their families,” Dillow said.
The Nazarene Church will have their Trunk or Treat event in its parking lot, at the corner of 18th and Horton Streets.
Fort Scott Church of the Nazarene, at the corner of 18th and Horton Streets.
Community Christian Church has been doing a Halloween event since Martin came, in the late 1990s.
Community Christian Church, across from Fort Scott Community College on Horton Street.
At first, they did a trick-or-treat event but when the church went through a fall sermon series in 2008, the event changed, he said.
“We were going through a fall series called 40 Days Of Community by Rick Warren of Saddleback Church in California,” Martin said. “We wanted to pull more people from the church to serve. We added more food and inflatables.” They changed the name of the event to Fall-O-Ween at this point.
The church staff and volunteers work with Martin each year to plan and facilitate the event.
“It’s an opportunity to love on the community and provide a safe place on Halloween evening,” Martin said.
“We would love to have people be a part of both events,” Dillow said. “You could easily fill a night of trick-or-treating between both.”
October 24, 2017 Submitted Story Leave a comment
Submitted by Carla Nemecek, Southwind Extension District Director
All communities have difficulties viewing their surrounding as others – customers, visitors, potential residents and potential businesses – see them. Our views are skewed by over-familiarization, a lack of differing perspectives, expectations and a reluctance to be completely honest with our neighbors when dealing with difficult issues, such as the appearance of buildings, customer service and the maintenance of public facilities.
Next month, a group of volunteers from Iola will be traveling to Baldwin City, Kan., to participate in a program offered by K-State Research and Extension called “First Impressions.” Likewise, a team from Baldwin City will travel to Iola to gather their First Impressions of our city.
With First Impressions, a team of volunteers from other towns makes an unannounced visit to a participating community to explore its residential, retail and industrial areas, plus schools, government locations and points of interest. The idea is to take a look at a community with a fresh pair of eyes.
Whether in one’s own home or community, it’s easy to pass by something without thinking about how it looks to others. For the first-time visitor, is the drive into town welcoming? Is there something unique that may help draw people to shop? Does it strike them as a community they would like to return to? Sometimes strengths are taken for granted, and weaknesses are accepted as part of the norm.
First Impressions is an effort to strengthen Kansas communities and is made possible by a partnership started in 2015 between K-State Research and Extension, the Kansas PRIDE Program and the Dane G. Hansen Foundation. Once completed, the assessment helps drive goal-setting and priorities for new development, plus identifies ways to strengthen community services.
What’s next? After the two visits, a K-State Research and Extension Specialist will compile the results from each team. Those findings will be shared locally in the form of a community meeting that will likely be conducted after the first of the year. Details will be shared through local media outlets to make the program available to anyone interested.
I look forward to facilitating and participating with the Iola Team and working with the City of Iola. However, readers should be know that this program is offered by K-State Research & Extension and open to any Kansas Community, regardless of size. If another town in Bourbon, Neosho or Allen County sees the benefit of First Impressions, please do not hesitate to contact me by calling Southwind Iola at 620-365-2242.
Dave Ramsey Live Streamed at Community Christian Church Friday
October 24, 2017 Loretta George Leave a comment
Dave Ramsey is an American businessman, author, radio host, television personality and motivational speaker.
His EntreLeadership 1-Day Event will be live streamed at Community Christian Church on October 27, from 8:30 a.m. to 4:00 p.m.
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Most of you will recognise these boards that were erected in 2000 and stand in the Remembrance Garden at Labworth Park. What you may not know is they were written and designed by Janet Dolling, Margaret Payne and Don MacClean of the Heritage Centre.
These photos were taken just after they were placed there when the boards and the gardens were looking their best.
Author
By Janet Penn
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Comments about this page
What a pity it does not look like this now, as soon as repairs are made they are vandalised, the memorial for the flood is a disgrace, the paint is flaking off and there is more rust than paint the timber behind the plaque was made from plywood and has delaminated, if I was able I would have cleaned and repainted with Hamerite and made a hardwood base for the plaque.
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Bedfordshire alt-rockers SEASONS are a hit with everyone who have seen them live thanks to their catchy tracks and sheer energy (they’re also really nice guys too!) We asked guitarist/vocalist Steve Watts to take on our A-Z challenge! A song that made you want to make music? I’m gonna be smart here, and say The […]
Bedfordshire alt-rockers SEASONS are a hit with everyone who have seen them live thanks to their catchy tracks and sheer energy (they’re also really nice guys too!) We asked guitarist/vocalist Steve Watts to take on our A-Z challenge!
A song that made you want to make music?
I’m gonna be smart here, and say The Runaway by SEASONS…hear me out…this was the first track I heard before I auditioned and joined up with Grant, Matt and Brad, and it was this song that convinced me this project was going somewhere.
At a show once we got 5 multi-packs of Walkers crisps and 4 cans of Fosters! That was pretty sick.
On our second tour we went for breakfast at a Harvester, finished our meal and headed out to the van. Matt had left his jacket inside and it was raining so he ran back in to get it. Meanwhile we ran to the van and started to drive away without Matt, with the side door open so we could all yell abuse at him as we zoomed off without him. I don’t really know what we expected to happen but Matt burst through the doors of the Harvester and began tearing his way towards the van. We must have been doing between 15 and 20mph, and I have no idea how he caught us but he did, not only that but he managed to get alongside the van and dive through the open side door into the back seats. Unbelievable show of pace, the likes of which I don’t think we will see again.
Deepest lyric one of your songs features?
Probably the most current and relevant lyric for the world we live in these days comes from Empire. The song itself is about politics, Governments, and their struggle for power and control. The lyric is “So confused that we are numb and our heart’s about to burst...”. I just feel it sums up how the majority of the public are feeling these days about a lot of political subjects. Nobody knows what will happen but we all have our own views we will defend to the end.
Easiest song you wrote?
Seven Years. Hands down easiest. I think we wrote 90% of that song in about 2 hours.
Favourite song in your set?
That’s gotta be Empire for me. The energy that song creates is electrifying. That big riff and the vocal harmonies. It’s all so fun to play!
Guest you’d most like to feature on your record?
I would say Oli Sykes but someone else has beat us to that! I’d probably go with Jared Leto. What a voice that man has.
Hardest thing about being in a band?
Reaching a definite decision. Just on anything. I think in the last 16 months, we have only made one decision collectively, as a band, which everyone has agreed with!
Interesting fact about one of your members?
As a young lad, Brad broke his arm quite badly, and now it doesn’t sit straight. I believe that’s why it looks like he’s always fighting with his bass when we play live.
Jokes you have in the band?
One time, at band camp…no but seriously, one time Antony mentioned that it would be a nightmare to park outside a venue for a show. Just one time. But now, every show, there’s always a message in the group chat from one of us saying it’s “a nightmare to park!”. I feel a bit sorry for Ant really.
Key to writing a song?
Team work. It’s so important that everyone has their say and is completely happy with how a song is sounding. It’s about trusting each other’s judgement and working towards what you all feel is as close to the best you can produce.
Longest distance you’ve travelled to play a show?
So far, the longest distance is up to Newcastle. We’ve also been over to Cardiff which isn’t far behind.
Most inspiring musician you’ve experienced?
We supported a band called RavenEye not long ago at a small club show in Milton Keynes. There was maybe 100 people at the show. As I understand it, this wasn’t an overly busy show for them, but it was run of the mill. Turns out 4 months later these guys have been selected to support KISS on their European arena tour. Anything can happen.
New band you’d recommend?
Give Veridian a spin. Excellent song writing and getting all the right exposure at the minute!
Opening for this band would be ideal?
IDEALLY we’d open up for our boy Ben Sansom (Lower Than Atlantis) and his gang. That would be nice eh?!
Place you’d most like to tour?
America would be insane. I think our style of music lends itself to the American market as well. Yeah, I said it! WE’D BREAK AMERICA EASY!
Quote you’d like to pass on to our readers?
Congratulations for making it to Q, add us on facebook, send us a message that you made it to Q and we’ll get you in free at our next show, how’s that?!
Reason for the title of your forthcoming/recent release?
Our recent EP, What Goes Around is named after a lyric from Empire, the debut single of that release. The full lyric is “What goes around will come back around”, it’s a well known saying and it’s another nod towards the political issues facing us currently. The good thing about this lyric though, is that it can apply to any scenario. So it will speak to everybody in a different way.
Our next shows are on March 14th supporting Club Drive at The Garage, London, and March 25th topping the bill at The Jungle Bar in Hertford.
The old days of music were better than the current, do you agree?
I think we have lived through some incredible changes to society and technology. These changes no doubt played their part in defining the music industry as it is today. For those reasons I believe the music that is being created nowadays has become a lot more diverse. By that I mean anybody can make music in their bedrooms so there is a lot more music of quality available to buy or stream etc. Whatever you like to listen to, you can now hear it anywhere in the world at any time. I’d have to say that for a musician, this is an exciting prospect. So to be involved in the music industry these days holds many more possibilities.
So far we’ve been pretty generic with our merch selection, just to get bedded in. But we have plans to do things like phone cases and snap back hats.
Variations you’d like to do of any of your songs?
What do your fans mean to you?
Quite simply, they mean we can continue to exist.
Xrays or any other treatments needed for band related injuries?
You know what, as clumsy as we are, especially Matt, and as much as we dance around on stage, there haven’t been any incidents so far! We’ve had the odd whack in the head or back with a guitar headstock, but other than that we don’t beat each other up too much.
You’re late for a show, whose fault is it?
Matt’s!! He’s always losing stuff! He lost the footpedal for his amp on our first tour! We had to find a local seller in Manchester to bring one to the venue for us. He stayed to watch which was nice.
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Cognitive dissonant. Usually people who ‘bottle up’ feelings/emotions that pertain to ‘one’ particular person/situation and then LATER displace irrational emotional behaviors or ‘explode’ regarding a later, totally non-relevant, non-related issue you can call ‘Passive-aggressive’.
What happens when someone bottles up their emotions?
Your pent-up feelings can manifest themselves in escapist behavior (like excessive drinking), physical and mental illnesses, and can potentially even shorten your lifespan. Studies have even shown that bottling up your emotions can lead to increased risk of developing heart disease and certain forms of cancer.
How do you release emotions bottled up?
Name them. Naming emotions is one of the first ways to deal with them and make them “go away” peacefully.
Talk to someone. This one may not come naturally to introverts.
Pinpoint the cause of your emotions.
Make use of your emotions.
Is it healthy to bottle up your emotions?
In fact, a 2013 study by the Harvard School of Public Health and the University of Rochester showed people who bottled up their emotions increased their chance of premature death from all causes by more than 30%, with their risk of being diagnosed with cancer increasing by 70%.
How do you cry out your emotions?
Think deeply about what’s making you sad. Instead of letting your thoughts skip away to something less important, focus your mind on the emotions swirling around in your head. Just let yourself think through them instead of trying to push them away.
Can you have 3 mental illnesses?
Co-Occurring Mental Illnesses Co-occurring disorders is a term often applied to having a mental illness and a substance use disorder, a situation that is very common. However, it is important to recognize that it’s also possible to have more than one mental illness at a time.
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The ride through the hills, sugar cane tractor paths and trail excursions all complimented the tour. This tour is definitely worth the US$99 which includes snacks and drinks and pick-up from your location. It is a tour you won't ever forget.
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During the Dolphin Swim Program, you will be able to touch, kiss and get to know them. During this activity, you will witness their communication abilities and will freely interact with them, feel their skills and strength by being propelled at full speed with an activity that has attracted people from all over the world and ages too!
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Oct. 6, 2021
Hampton was a young, gifted leader with a talent for organizing people who would rise to become the chairman of the Black Panther Party’s Illinois chapter before being assassinated by the federal...
Season 2
Hampton was a young, gifted leader with a talent for organizing people who would rise to become the chairman of the Black Panther Party’s Illinois chapter before being assassinated by the federal government.
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by Joshua Bloom and Waldo Martin
Fred Hampton was born August 30, 1948, the youngest of three children, Hampton grew up in Maywood, Illinois a working-class suburb of Chicago, His parents had moved north from Louisiana, as part of the Great Migration. Very early on he demonstrated natural leadership abilities In September 1967, he became the president of the youth council for the local National Association for the Advancement of Colored People (NAACP) Branch. He helped organize a student boycott of his high school, Proviso East High, when black girls were excluded from the becoming homecoming queen. When black students protested, white students responded with violence, beating black students with bats and blackjacks. Hampton organized groups of black students to fight back. IN response to the violence, Maywood police imposed martial law and set up checkpoints in the city’s black neighborhoods. Hampton brought in representatives from the national NAACP and led the boycott of Proviso East High, demanding retraction of the martial law.
During this time, In 1968 Bobby Rush was codirecting the small Student Nonviolent Coordinating Committee chapter in Chicago and he had an ongoing relationship with Stokely Carmichael the chairman of the SNCC. As tensions heightened between Stokely and other SNCC leaders in the spring of 1968,and following Martin Luther King’s assassination, Stokely would encouraged Rush to start a Black Panther chapter in Chicago. According to Rush, “The problem with SNCC was that it didn’t have any specific activities.” Stokely arranged for Rush to travel to California to meet David Hilliard and Bobby Seale. The Panthers’ approach impressed Rush, and he began seeking partners to build a Panther chapter in Chicago. When Rush heard Hampton speak at a black leadership conference at the headquarters of the Chicago gang Black P. Stone Nation, Rush recruited Hampton to join the Panthers. Then Rush, Hampton, and Bob Brown — Rush’s codirector of the SNCC — organized what would soon become Illinois Chapter of the Black Panther Party.
In Chicago in the late 1960s, gangs were an important political force in black neighborhoods — none more important than the Blackstone Rangers. From their start in the early 1960s, the Rangers had focused on community building in addition to their illegal activities, which included drugtrafficking and extortion. As a result, they composed a sort of parallel government on Chicago's South Side, protecting members of their neighborhood from other gangs and the police and providing some community services. By the late 1960s, they had swallowed up most of the smaller gangs in the area as part of the “P. Stone Nation” and had more than 3500 members.
In December 1968, having quickly built a powerful Panther base in Chicago, Fred Hampton entered discussions with Jeff Fort, leader of the Rangers, about merging the Panthers and the Rangers. The merger promised to boost the Panthers’ membership and street presence. Hampton suggested to Fort that by joining forces, Fort was interested in a merger, The FBI saw the potential merger as a political threat and sought to foster conflict between the two groups. The Chicago FBI felt that spreading false rumors that the Black Panther Party leadership was disparaging Fort “might result in Fort having active steps taken to exact some form of retribution towards the leadership of the Panthers. As discussions deteriorated, and the Chicago office of the FBI suggested to headquarters that the time was right to provoke the Rangers to take violent action by sending a forged letter to Fort. The FBI field office suggested sending the letter to Fort rather than Hampton because Fort was more likely to respond with violence. The FBI’s effort may have helped prevent a merger between the Panthers and the Rangers, but it did not precipitate widespread violence between the groups. Hampton and Fort figured out that the government was attempting to create a deadly conflict between them and decided not to take the bait
In early 1969, Fred Hampton initiated the Chicago Panthers’ first free food distribution. Hampton imagined himself a modern-day Robin Hood and “appropriated” an ice cream truck in Maywood, passing out more than four hundred ice cream bars to neighborhood children. The Maywood police later arrested him on charges of robbery and assault. In the subsequent weeks , Hampton and the Chicago Panthers organized their Free Breakfast for Children Program, which opened on April 1, 1969. Within two weeks, the Panthers had fed more than eleven hundred grade-school children, drawing new community support and also making it hard to ignore the political aspect of Hampton’s case. During his trial that April, Hampton appeared on a local television show publicizing the free breakfast program, and appealing for public support for the Panthers. April 9, 1969, Hampton was convicted of robbery and assault. Maywood Police Chief Kellough attempted to prevent the court from releasing Hampton on bail pending sentencing, however, Hampton was released on $2,000 bail.
Hampton planned to appeal his conviction on the grounds that newspaper articles about the Panthers during the trial had prejudiced the jury. Following the ice cream trial and the attention it brought, Hampton called the Chicago Panthers’ first press conference, in which he challenged the legitimacy of the state, asserted a higher morality underlying the Panthers’ revolutionary program and calling on people to mobilize to support the Panthers against state repression. Hampton argued that the Black Panther Party, not the government, acted in the interests of the people: “Our case should be taken to the people and the people will not tolerate any oppressive system or force that attempts to jail the very people who feed their hungry children.” Hampton announced that the Chicago Panthers intended to establish a community patrol of police, open liberation schools throughout the city, and set up free health clinics. The Chicago Panthers sought to mobilize a broad alliance in support of Hampton.
These fledgling Chicago Panthers seized the attention of the Panthers national leaders. When Panther chairman Bobby Seale visited Chicago, he joined Hampton and Rush in a church mobilization and spoke to an audience of blacks of various classes and activist of different races, explaining the revolutionary cross-race logic of Hampton’s ideas. On Monday May 26, with Illinois state attorney pressuring the judge, Fred Hampton was sentenced to two to five years in prison for robbery and assault.
As late as March 1969, the Chicago Panther chapter was still small and had garnered very little local influence or national attention. While Rush and Hampton teamed up in June 1968, the Black Panther national office did not officially recognize the chapter until October of 1968, and the first Chicago office was not opened until November 1, 1968 However by spring of 1969, their membership exploded grew, and they gathered increasing attention from the national office, local blacks,and progressive allies. By the end of May 69, with their community programs and alliance politics the Panthers were building a strong organization in Chicago.
Each member was required to closely read a dozen books — six by or about Mao Zedong, three by or about Malcolm X, and one each by Huey Newton, Frantz Fanon, and Karl Marx. In turn, each member had to help other Panther members understand these texts. The reading reflected the Panthers’ increasingly explicit embrace of Marxist, and especially Maoist, theory and ideology. Also By late May, the Chicago chapter was selling about eight thousand copies of the newspaper per week On November 1 1968, The Chicago Black Panther office opened and resented a formidable presence in the community, with sign with large hand-painted black lettering on a white background read “ILL. CHAPTER BLACK PANTHER PARTY.” Beneath the sign hung seven posters of the Panthers’ most famous and powerful images: Huey Newton and Bobby Seale armed in defense of the original Panther office, Eldridge Cleaver speaking, Malcolm X, an Emory Douglas painting of Bobby Hutton, and Huey Newton on a wicker throne.
As the Chicago Panthers grew in number and political strength, state to repress them escalated. on June 4 1969, broke down the two steel doors to the Chicago panthers office and proceeded to sack the office and arrest the eight Panthers present. The FBI agents told the press they had found several guns and ammunition in the office, but the weapons did not violate any federal regulation. Bobby Rush held a press conference about “illegal” tactics of the FBI; Rush said the FBI agents left the office in complete disarray, creating more than $20,000 in property damage, and confiscating a safe containing $3,000, which the Panthers planned to use to equip a health clinic they were hoping to open. The agents also took cereal meant for the free breakfast program. Rush described the raid as partof a concerted national effort by the FBI to crush the Panthers, citing similar raids in other major cities.
On Tuesday June 10, 1969, a Cook County grand jury indicted Fred Hampton, his bodyguard William O’Neal, and fourteen other leading members of the Illinois Black Panther Party on charges that included kidnapping and unlawful use of a weapon. The state’s attorney, Edward V. Hanrahan, said that the charges stemmed from the kidnapping and torture of a woman who had stored guns for the Panthers and then hidden them. Hampton was never convicted on the charges, and William O’Neal was later exposed to be working for the FBI.
On the morning of July 14, 1969, Rank and file members Larry Roberson and fellow Panther Grady Moore were selling the Black Panther newspaper when they saw two police officers questioning black patrons about a suspected theft of produce from a nearby market. According to the Panthers, the police had lined up more than a dozen people against the wall and were harassing them. The police maintained that they were simply investigating a report of stolen produce when Roberson and Moore approached and asked them what they were doing. The officers said that when they told Roberson and Moore to leave, they became belligerent, calling themselves “protectors of the community.” The Panther newspaper reported that Moore and Roberson were not armed, but police told the press that Roberson drew a gun and started shooting at them. Roberson was shot three times by police and Both Moore and Roberson were arrested on charges of attempted murder.
on July 31, Chicago police raided the Black Panther office for a second time. They arrived at 1:15 a.m. following afternoon rally outside the Black Panther offices. 24 police cars shut down the front of the Panther offices, and the officers attempted to storm the building. Hampton was in jail on the robbery charges, and no other Panther leaders were in the office at the time, but three rank-and-file Panthers held off police for thirty-five minutes until they ran out of ammunition. Eventually, police shot through the steel door and made their way upstairs, beating the Panthers with rifle butts, badly injuring the group and arresting them on charges of attempted murder. Then, according to the Panthers, the police used gasoline to burn down the second floor of the Panther office. Police claimed that the Panthers fired first, sniping at passing police cars, and that the fire was caused by tear gas canisters.
By this point, the Panthers and their allies understood they were under siege and prepared for further raids. Rank-and-file members cleaning and readying guns in the Chicago office. Recording the blood types the members, Another passing out cloths for people to use to cover their mouths and faces in the event of a tear gas attack. In the early morning hours of October 4, police raided the Chicago Panther headquarters for a 3rd time. The raid was almost a repeat of the July 31 police raid. Officers’ riddled the front door and walls of the office with bullets. The police set the office on fire , smashed equipment, and destroyed stores of food designated for the free breakfast programs. After Panther resistance subsided, police arrested six Party members on charges of attempted murder, alleging that they had tried to snipe at police from the headquarters rooftop. Again, Panther alleged that the police intentionally set the fire. National Chief of Staff David Hilliard sought to build support for the Panthers’ community policing initiative, declaring that the raid provided further proof of the need for community control of the police. He said that raids like the one on October 4 in Chicago “will continue and be escalated unless we move to circulate, as soon as possible, the petition for Community Control (decentralization) of police.”
With the repeated raids and arrests of local the Chicago Panthers, many black organizations lined up in support of the Panthers. Many believed that such repression posed a threat to all black people and that resisting the repression of the Panthers was a matter of life and death.
In the fall of 1968 the Chicago FBI office had first established a counterintelligence program against the Chicago Black Panther Party, The FBI believed that Fred Hampton's leadership and talent for communication made him a major threat among Black Panther leaders. It began keeping close tabs on his activities. Investigations have shown that FBI chief J. Edgar Hoover was determined to prevent the formation of a cohesive Black movement in the United States. Hoover believed the Panthers, Young Patriots, Young Lords, and similar radical coalitions that Hampton forged in Chicago were a stepping stone to the rise of a revolution that could cause a radical change in the U.S. government. Agents began closely monitoring the Panthers via a warrantless wiretap of their office and other means and placed Hampton on the bureau's "Agitator Index" as a "key militant leader" A special FBI Racial Matters Squad was organized to spearhead actions against the Chicago Panthers. Roy Mitchell, a special agent in the squad, was the person who had approached William O’Neal while he was a prisoner in the Cook County jail and recruited him to infiltrate the Panthers and provide information to the FBI. when the Chicago Black Panther office opened, O’Neal, already on the FBI payroll, went to the office and joined the Black Panther Party. As seemingly eager early recruit, O’Neal soon was appointed chief of security for the Chicago Panthers.
The Chicago FBI worked closely with local law enforcement, mostly through the offices of Edward V. Hanrahan, who was elected Cook County state’s attorney in November 1968. Hanrahan created a Special Prosecutions Unit (SPU). Starting in April 1969, FBI Special Agent Mitchell worked closely with states attorney to target the Panthers. June of 1969, as the FBI began coordinating raids on the Chicago Panther offices, a special squad of nine Chicago police officers was assigned to report directly to the Special Prosecutions Unit, which in turn was worked with the FBI Racial Matters Squad.
On the night of November 13, FBI Special Agent Mitchell met with informant William O’Neal and He helped map out the exact layout of Fred Hampton’s apartment, including the specific location of his bed and nightstand. He also asked O’Neal to keep tabs on who was coming and going from the apartment and to determine what weapons were kept there.
Armed with this information, a raiding party of fourteen officers arrived outside Hampton’s apartment at 4:30 a.m. on December 4 to executed a search warrant for illegal weapons. The assault was quick and decisive. Within fifteen minutes, Fred Hampton was dead, shot twice through the head while he lay in bed. Peoria, Illinois, Panther leader Mark Clark, in Chicago attending a statewide meeting of Party leaders, was also dead. The seven other Panthers in the apartment were arrested on charges of attempted murder, aggravated battery, and unlawful use of weapons. Edward Hanrahan told the press that the Panthers fired first and continued to shoot repeatedly despite warnings from police that they were at the door: “The immediate, violent, criminal reaction of the occupants in shooting at announced police officers emphasizes the extreme viciousness of the Black Panther Party. So does their refusal to cease firing at the police officers when urged to do so several times.” Panther survivors claimed the officers never knocked and came in shooting. The Chicago FBI viewed the raid as a success, due to the information provided by William O’Neal.
There was an immediate outpouring of support for Hampton, Clark, and the Panthers. Many of the black community groups had called for an independent investigation of the incident and Bobby Rush, working Fred Hampton’s mother and father, arranged for an independent autopsy of Hampton. Three doctors found that Hampton had been killed by bullets shot from an angle slightly above and behind his head as he was lying down. They found no powder burns on his hands, contradicting police claims that Hampton had fired at them.
The Panthers used the public attention to organize support through popular education, offering more tours of the apartment where Fred Hampton and Mark Clark had been murdered. In the following weeks, thousands of people — and many journalists — flocked to the apartment to mourn the deaths and to consider the evidence for themselves. Panther tour guides showed visitors unscathed walls where police had entered and where they reportedly had stood during the raid, and then the clusters of bullet holes and large pools of blood where the Panthers had been shot. Tours continued until December 17, when Cook County authorities halted them by sealing off the apartment.
The National Black Panther Party understood and sought to portray the killing of Hampton and Clark as political assassination and as part of a national government conspiracy to repress the Panthers, Panther Chief of Staff David Hilliard declared, “The organized attempt to destroy the B.P.P. [has] brought to the attention of the American people the atrociousness of the American Government, in terms of its subjects. People are moving for their freedom. The very fact that they attacked us so openly shows that they’re a very brutal people — that they are barbarous, criminal elements against society.”
Even people who didnt agreed with the Black Panthers ’revolutionary politics were concerned that the killing of Hampton and Clark was part of a pattern of government repression that posed a broader threat to life and freedom. Many mainstream political organizations — including the NAACP, CORE, the American Jewish Committee, the mayor’s office of Maywood, the Chicago ACLU, and the United Auto Workers called for an independent investigation of the killings.
The director of the Chicago Urban League stated, “What ever the Panthers believe in, they shouldn’t be shot down like dogs in the street.”
On Tuesday December 9 1969, Fred Hampton’s parents, working with the Panthers and SCLC, held memorial services for their slain son. About 5000 people jammed into a church in Maywood and crowded around loudspeakers outside. The Rev. Ralph Abernathy, delivered the main eulogy, declaring, “If the United States is successful in crushing the Black Panthers, it won’t be too long before they will crush SCLC, the Urban League and any other organization trying to make things better.” Bobby Rush asked the mourners to channel their sorrow into active support for the struggle: “We can mourn today. But if we understood Fred . . . that his life wasn’t given in vain, then there won’t beno more mourning tomorrow. Then all our sorrow will be turned into action.” Following the memorial for Fred Hampton, who had been born in the suburbs of Chicago, Hampton’s parents sent their son’s body “home” to be buried in Haynesville, Louisiana, where they had both been born.
On December 11, Edward Hanrahan delivered to the Chicago Tribune exclusive police photographs of Hampton’s apartment, claiming they proved that the Panthers had initiated the gun battle and that they showed bullet holes where the Panthers had fired at police. But after further investigation, the New York Times reported that many of the photos did not represent what the subtitles claimed. One depicted nail heads in the apartment kitchen doorjamb rather than bullet holes. Another photo that police claimed showed bullet marks on the outside of a bathroom door actually depicted the inside of a bedroom door. Hanrahan’s deceit further fueled community outrage even Even moderate national black and political leaders began to supported the idea of a public investigation.
In explaining the outpouring of black support for the Panthers in the wake of the Hampton and Clark killings, the New York Times explained the outpouring of black support for the Panthers in the wake of the Hampton and Clark assassinations by quoting one protester stating. ‘They came in and killed Fred Hampton,’ ‘And if they can do it to him, they can do it to any of us.’ ” on December 19, the internal Chicago police investigation found no fault on the part of Hanrahan’s SPU, a finding echoed in a report by the Cook County coroner. In response to public pressure, the Justice Department appointed a federal grand jury to investigate the killings of Hampton and Clark.
On January 6, Bobby Rush informed the press that results of a blood test of Fred Hampton in the independent autopsy revealed a heavy dose of Seconal, a drug that induces sleep. Rush charged that the killing of Hampton was a government conspiracy and that Hampton had been drugged by an FBI infiltrator to facilitate his murder. Hampton’s fiancée, Deborah Johnson (Akua Njeri), who was eight months pregnant the time of his killing and was arrested in the raid, later recounted Hampton’s strange behavior the night of the raid. She said that Hampton never got up from bed during the raid and remained silent. He woke up and slightly lifted his head as guns were being fired but barely moved and never said anything. After the first wave of shooting, police arrested Johnson and pulled her out of the bedroom and into the kitchen. She said she heard a police officer say, “He’s barely alive, he will barely make it.” Then the police started shooting again. Then a police officer said, “He is good and dead now.”
On May 8, 1970, the state’s attorney Edward V. Hanrahan dropped all charges against the seven surviving Panthers arrested in the December 4 raid, saying that there was no proof that any of the defendants had fired at police. One week later, a federal grand jury issued a 250-page report finding that at least eighty-two bullets had been fired by the SPU officers, and only one shot appeared to have been fired by the Panthers.
After more than a decade of legal wrangling during which the case went all the way to the Supreme Court, the government eventually settled in 1982, agreeing to pay $1.85 million to the estates of Hampton, Clark, and the Panther survivors of the incident, with the federal, county, and city governments agreeing to split the bill.
Fred Hampton was a revolutionary and Rising Star in Chicago Panthers, this made him a target. Hampton was this incredibly charismatic, young, dynamic leader who started a health clinic and a free breakfast program formed a rainbow coalition of different races. Outrage over his death, especially within Chicago’s Black community, caused the removal of Cook county state’s attorney Edward Hanrahan, whose office had managed the police officers involved in the raid. Before the raid, Hanrahan had been considered a likely candidate for Chicago mayor, but in 1972 he was voted out of office, which effectively ended his political career. Also in 1972 the Huey Newton closed all Black Panther offices outside of Oakland and formally disbanded in 1982, In 1990 and again in 2004 the Chicago City Council designated December 4 as Fred Hampton Day.
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Each podcast episode of One Mic Black History centers around little known events or persons from African American history selected for their effect on African Americans and American history.
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“Whatever you can do, or dream you can, begin it. Boldness has genius, magic and power in it. Begin it now.”
The one glance version of this post
Personal change is hard, much harder than people think.
Try this approach. It works.
Take a long term view (years not weeks or months)
Enlist the help of others
But in classic Covey speak, make sure you don’t end up climbing a ladder you’ve chosen to prop against the wrong wall.
Begin now.
The longer version
Personal development is hard. It’s much harder than the books would have us believe. Of course, it starts and ends with you; and you’re fallible (aren’t we all?).
How many times have you promised yourself (and others) that this year will be different? And, notwithstanding lots of positive affirmation and a commitment to change, you give up within a few weeks of starting your new regime. If you’re like me, we constantly make a pact with our inner self in the hope that we’ll have the fortitude and grit to see things through. But, by dint of our past failures, there’s this nagging doubt that we’ll quit or forget why we thought this goal more important than others. But, more than that, the mortal part of you is too easily dissuaded from change by an unknown and invisible force. This force is uncompromising and imbued with malevolent intent. In short, it wants to keep you as you are.
Perhaps I’m overdramatizing things but I don’t think so.
It hurts.
It’s painful.
We’re much happier with the status quo even if, for some, they find it the bane of their life.
Even though I’m no expert in personal development, and, without wishing to sound boastful, I appear more comfortable than others with change, particularly around my health, career and spiritual growth. That doesn’t mean I’ve always picked the right direction or done the right thing, but I’ve never been afraid to change tack and turn things on their head, even if that means learning a new skill, moving home and giving up a slew of possessions.
A few examples
I taught myself to cook.
I changed my diet and became vegan.
I trained as an engineer but gave it up to go into sales.
I gave up sales and trained as a lawyer.
I gave up law (after a total of 18 years) and moved into social media. (This was possibly the hardest and easiest thing I’ve ever done!)
And in amongst that I moved from Devon to Bristol to London to Surrey and back to Devon (I’ve also lived in South Africa between 1975-77).
You might think this signals nothing more than someone who’s lived a peripatetic life and I wouldn’t disagree, but at least it’s given me a taste of what it means to face my fears and overcome them. (Trust me nothing is quite as scary as cooking a new dish for people that you’ve never cooked before, ever.)
I’ve read Goethe’s quote in many different places, but one book that stands head and shoulders above the rest is The War of Art by Steven Pressfield (see page 122). It’s one of those books that everyone should have by their bedside and read a page or two of every night. It really is that powerful. And I don’t just mean powerful in the sense of giving you lots of pithy quotes or self-help aphorisms. It’s personal, well-written, and makes us believe that through sheer bloody-mindedness and tenacity anything is possible.
The thesis of Steven’s book is that that unknown, corrupting force (see above), which he terms Resistance, can be beaten. As you would expect of a writer, the book is slanted towards the creative but I think it’s application goes much wider. In fact, I would say that, understood correctly, it can be applied to every person across every aspect of their life including:
Career
Family
I’m not suggesting that your life is defunct in every aspect or that you have to strive for perfection but too often personal development is weighted wrongly in the direction of financial success without enough thought being given to the rest. (As part of the book I’m writing my starting point is the spiritual (mind) aspect of our lives. I think it’s the most fundamental aspect of the mix. And before you think I’ve gone all new-age, don’t worry I will bring it back to the here and now.)
Look back over the last three months. What did you say you were going to do differently or make an effort to change? How well are you doing? It’s only a guess but I suspect not as well as you’d hoped. In some cases, you’re likely to have given up entirely.
As someone who has form on the giving up front, one thing I’ve learnt is that we have to stay true to who we are. This isn’t about writing down our values or the like but making a lifelong pact to do more of the stuff we like and the less of the stuff we hate. Of course, there’s plenty of room in the middle for junk, but if we remember that our lives are fragile and bloody short then don’t feel that you have to do some of this stuff just because you’re obligated to. In my case, staying constantly on top of the housework might be appealing from a minimalist perspective but sometimes I need to apply huge amounts of will power to leave undone piles of washing, dishes and the usual crappy stuff we get stuck with. I know we’re all trying to achieve balance but sometimes we have to be prepared to focus on the things that bring us to life, even if it means something else gets left undone.
Also, what I’ve learnt from a lifetime of trying is that whilst I can make massive change in a short period, I’m just as likely to lose interest even if I only stop doing what I’m doing for a few days. I can think of plenty of examples where the bug has bitten me but in reality it’s not that interesting or attractive. On the other hand the things that weren’t so sexy but where I’ve stuck with it, even when I’ve sorely questioned my rationale, have been where I’ve seen the biggest change.
Writing is a good example.
Yes, as a lawyer, I wrote but judging by the people that I constantly critique, it wasn’t very good. But deep down I’ve always been a lover of words, good prose and poetry, and when I started writing material for me, I quickly realised that some of my bad habits were easily correctable, particularly when I was writing about something that I was passionate about. If I look back on some of my early blog posts I realise how far I’ve come over the past three years.
What I want to make clear is that we’ll never embrace change unless we see the benefit. It might only be perceived or idealistic but we have to start somewhere. In the case of your health, sometimes you have no choice but even having extra energy ought to be enough for people to take that first step.
In summary what I’m advocating is that you stop overthinking what it is that you’re trying to achieve. Instead of planning, talking about something and thinking how much you want ‘it’, just bloody do something. Anything. But begin it now, right this minute.
I know I’ve no platform or authority to command anything but frankly I don’t see we’ve a choice. This isn’t about living with regret but rather it’s about making the most of your genius – your latent talent if you like, and ensuring that when you look back on your life you can say that at least you tried. For me, to have tried and failed is better than never to have tried at all. Trite but true. I accept that I might burn myself up in the process but what else is there? To hang on in there in the hope that someone will come to your aid and tell you what you should do.
Below is a summary of my recent micro-podcasts on Audioboo which go into more detail on personal change.
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FILE – In this Wednesday, Sept. 27, 2017, file photo, an Amazon Echo Dot is displayed during a program announcing several new Amazon products by the company,…
FILE – In this Wednesday, Sept. 27, 2017, file photo, an Amazon Echo Dot is displayed during a program announcing several new Amazon products by the company, in Seattle. Amazon.com Inc. reports quarterly financial results after the market close, Thursday, Oct. 27, 2022 (AP Photo/Elaine Thompson, File)
Amazon posts weaker-than-expected 3Q revenue, stock tumbles
Posted: Oct 27, 2022 / 03:55 PM CDT
Updated: Oct 27, 2022 / 07:56 PM CDT
FILE – In this Wednesday, Sept. 27, 2017, file photo, an Amazon Echo Dot is displayed during a program announcing several new Amazon products by the company,…
FILE – In this Wednesday, Sept. 27, 2017, file photo, an Amazon Echo Dot is displayed during a program announcing several new Amazon products by the company, in Seattle. Amazon.com Inc. reports quarterly financial results after the market close, Thursday, Oct. 27, 2022 (AP Photo/Elaine Thompson, File)
Posted: Oct 27, 2022 / 03:55 PM CDT
Updated: Oct 27, 2022 / 07:56 PM CDT
NEW YORK (AP) — Amazon returned to profitability over the summer after two consecutive quarters of losses, but its stock fell sharply in after-hours trading due to weaker-than-expected revenue and disappointing projections for the current quarter.
The company on Thursday reported revenue for the three months that ended Sept. 30 of $127.1 billion, boosted by Amazon’s Prime Day, a major sales event for dues-paying Prime members that was pushed back to July this year from June the year before. That helped fuel Amazon’s revenue growth of 15% over last year, an improvement from the prior two quarters when revenue grew by only 7% — the slowest in nearly two decades.
Still, those numbers came in short of forecasts by analysts surveyed by FactSet, who were expecting third-quarter revenue of $127.4 billion.
Amazon said it expects revenue for the fourth quarter to be between $140 billion and $148 billion, growth of between 2% and 8% compared with the same time last year. The company said the guidance anticipates an unfavorable impact from fluctuations in foreign exchange rates. Analysts were expecting $155.1 billion in revenue.
“People’s budgets are tight, inflation is still high, and energy costs are additional layer on top of that,” Amazon’s Chief Financial Officer Brian Olsavsky said during a media call. “We are preparing for what could be a slower growth period.”
Shares in Amazon.com Inc. fell 13% in after-hours trading.
Overall, retailers have been feeling skittish about the holiday shopping season and are offering more deals to clear out their inventories and lure in budget-conscious consumers dealing with high inflation.
Amazon, along with other retailers, kicked off its holiday shopping season earlier this month, offering major discounts for its Prime members for the second time this year. But the Seattle-based company’s weak forecast for the fourth quarter indicates that it expects things to get tougher, said Neil Saunders, managing director at GlobalData Retail.
“In our view, this negative sentiment overshadows the current trading figures,” Saunders said.
The e-commerce behemoth said it made a third-quarter profit of $2.9 billion, or 28 cents per share. Those numbers still represent a 9% decline from the same period a year ago. And it was aided by a pre-tax gain of $1.1 billion from Amazon’s investment in the electric vehicle start-up Rivian Automotive. Amazon’s operating income, which measures revenue after subtracting costs, fell by nearly half.
The retail giant’s results mimic those of other companies this week as the economy becomes tougher to navigate with high inflation and rising interest rates.
On Tuesday, Alphabet, the parent company of Google and YouTube, missed revenue expectations as advertisers pulled back their spending over fears about a potential recession. Microsoft posted a drop in profits amid weak computer sales.
And Meta, which owns Facebook and Instagram, reported a decline in revenue for a second consecutive quarter amid its own ad slump and concerns over whether the company is spending too much money on its idea of a metaverse. Both YouTube and Meta are also facing more competition from TikTok.
Diverting from the trend, Amazon says its own advertising business grew by 25% in the third quarter. Its AWS cloud business, another profitable unit, pulled in $20.5 billion, a 27% jump from a year ago. But its growth has also slowed.
Aided by Prime Day, revenue from online sales grew 7%. But Amazon’s retail business, which was growing robustly during the early days of the pandemic, has slowed considerably since then, causing the company to sublet, cancel or delay warehouses it had planned to open in different parts of the country.
The company is also cutting costs by axing some of its projects, such as Amazon Care and the online store fabric.com, and has implemented a hiring freeze on the corporate side of its retail business.
“Like most companies, we’re going to be very careful in our hiring,” Olsavsky said.
Copyright 2022 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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At Buxton Family Dental, we always welcome and encourage your questions. When you ask questions about things that concern you, you help us learn what is important to you, which allows us to provide personalized care that is right for your needs.
We have shared a few commonly asked questions here, but you may have some of your own. If so, please call our office at (970) 482-6333 or use our convenient online contact form.
Other
How do you make your patients comfortable during their dental care?
Going to the dentist is always in the top five of any list for a human's greatest fears! Because of this your comfort is a top priority at Buxton Family Dental. How do we ensure this?
First of all, you can expect our team to do everything possible to put you at ease! We strive for a culture among our team members that expects a high level of customer service and special attention for individuals that walk through our doors. A visit to the dentist can be a very different thing for each person so be sure to let us know what will help you in particular.
We also updated our space a short while ago with the intent to make our office warm and inviting. When you walk in the door you'll find a comfortable reception area with water, coffee, magazines and more. In the treatment rooms you'll find that our dental chairs are comfortable and newly upholstered. We have blankets and neck pillows for added comfort and protective sunglasses to keep you safe and to keep our dental lights out of your eyes. Many patients prefer a little distraction while they're in our chairs so we have overhead TV screens to play movies, TV, or a slideshow with relaxing pictures. You can even completely drown us out with our noise-canceling headphones if desired.
Lastly, you have our promise that we'll complete any necessary treatment as comfortably as possible. Read our other FAQ on dental injections or our page about sedation options for more. Dental visits can be intimidating, but take our word that we've done our best here to make your visit as comfortable as possible!
How much will this cost?
We know that many patients put off dental treatment because they feel it is out of reach for them financially. But at Buxton Family Dental, we offer financing options that allow you to get the treatment you need today without a lot of worry or stress.
If you have dental insurance, our knowledgeable team will be happy to guide you through the process and answer your questions about the coverage for your procedures. We provide pre-treatment estimates and accept almost all PPO insurances, and we will be happy to file your claim on your behalf.
We are also in-network with many insurances including Delta Dental, MetLife, United Concordia, and Blue Cross Blue Shield. Please call our office or check our financial page for a full listing of all the insurances we accept.
No insurance? No worries! We are pleased to offer our patients the convenience of our Buxton Family Dental Savings Plan. To participate, you pay a reasonable annual membership fee for you and the members of your family. The membership fee pays for all preventive care for the next 12 months (two six-month exams and cleanings, fluoride treatment, x-rays, etc.). Also, membership provides a 20 to 25% discount on any additional dental treatment needed during the 12-month period.
We are also pleased to accept CareCredit, a credit card for healthcare costs that allows you to pay off your expenses interest-free over a six-month period. Please contact us for more about this option!
If you have financial concerns, please do not hesitate to talk to us. We believe that good oral health should be a priority for everyone, so we will work with you to find the solution that fits your budget. Please call our Fort Collins dental office to learn more!
I'm afraid of needles. Do you have to give me a shot?
Teeth can only feel one thing - pain. Fortunately, we live in a day and age where that pain can be eliminated in order to repair and preserve teeth. There is a wide variety of gadgets and techniques that have been developed to make getting numb easier, but sadly, needles are still involved with the vast majority of those methods. At Buxton Family Dental we take great pride in our ability to make dental care as comfortable as possible even for people with a fear of needles. With a little extra time and patience getting numb does not have to be a miserable experience.
First we rub a very strong topical anesthetic onto your cheek to start the numbing process. Next we warm our anesthetic so that it is body temperature. When the anesthetic is placed the key is to go very, very slowly. Many people believe that the pinch they feel comes from the needle itself, but most of that discomfort actually comes from the local anesthetic delivered to the tissues. Once the anesthetic has had adequate time to work, we can begin fixing your tooth, but we always go cautiously to make sure your teeth are comfortable. Every individual is different. If you take extra time or extra anesthetic to get numb, we'll note it for the next time. If you have any dental anxiety about this part of dentistry, we're more than happy to help and give you the extra care you need!
Why am I being sent to a dental specialist?
To become a dentist most doctors start with a university bachelor's degree and follow it with four years of dental school to earn a DDS or DMD. If a dentist finds one field of study that particularly interests them they can gain additional training by completing a residency in one of the NINE recognized dental specialties? This can take an additional two to five years.
If you have particular dental needs that go beyond the scope of general dentistry you may be referred to one of these specialty doctors for treatment. At Buxton Family Dental we try to provide a wide range of treatment to serve our patients as best we can, but we also understand that a referral to a specialist is often in the best interest of the patient. Some procedures require the expertise and experience of the doctors that provide these more specialized services on a daily basis. Because of this, we understand the importance of forming good relationships with the specialists in our area and we are fortunate to live in an area where we have many good specialists to choose from.
These are the specialties the typical patient is most likely to encounter:
Orthodontist - Experts in straightening the teeth and jaws with braces. They mostly treat teenagers, but more and more adults are visiting orthodontists for their crooked teeth.
Endodontist - Many toothaches end up needing a root canal. Root canal treatment can be a very difficult procedure to complete depending on the situation and that's where these root canal experts come in handy!
Oral Surgeon - Known especially for removing wisdom teeth, but also treat injury, disease and perform many other complicated surgeries in the oral and maxillofacial region.
Periodontist - These specialists focus on the structures supporting your teeth. They are known mainly for treating gum disease, but they also perform many other surgeries such as placing implants and gum grafts.
Pedodontist - Experts in the care and treatment of children.
Prosthodontist - If restoring or replacing your teeth is a more complicated situation than is usual, you may find yourself visiting a prosthodontist.
Children's Dentistry
We understand that each child has their own unique personality and needs, and Dr. Buxton has extensive experience in treating children. We do our best to accommodate each child and make their visit to the dentist a positive experience.
Taking care of your child’s mouth is a little different than taking care of your own. As your child grows, their dental needs continuously change, and you will need to adapt to them. We’re more than happy to guide you through the rapidly changing stages of your child’s oral health. While your child will lose their baby teeth one day, they do serve a purpose now and play a crucial role in preparing the mouth for the permanent teeth that will follow.
Some of the most common procedures we perform for our smallest patients include:
Exams, cleanings, x-rays
Fluoride application, sealants, and fillings
Stainless steel crowns
Our goal is to create such a positive experience for your child that dental care is something they want to do, not something they have to do. For more information on any of these procedures, please contact us at Buxton Family Dental and set up an appointment for your little one!
What are dental sealants?
The transition from primary teeth ("baby teeth") to permanent teeth goes through several stages starting around age 6 or 7 and ending around age 12 or 13. What many people don't realize is that the permanent molars don't actually replace any primary teeth, but instead grow into the space behind all the primary molars. This first set of molars erupts around age six! The next set comes in around age 12. The final set of molars (wisdom teeth) appear in the later teen years. Compared to primary molars, the permanent molars typically have very deep grooves and fissures on the chewing surface of the teeth which readily attract food and bacteria. The teeth are also located far back in hard to reach areas for a growing mouth. Then throw in the fact that adolescents often struggle with adequate oral hygiene and you have a recipe for disaster! We typically recommend sealants for the first and second molars for all children to protect the teeth while they learn how to properly care for their teeth. Sealants are a protective coating painted on the tooth to seal off the cavity-prone grooves and fissures. We'll usually try to seal all four teeth in one appointment around age 6 and again around age 12.
To prepare the teeth for sealants the areas to be sealed are thoroughly cleaned and evaluated for existing decay. The sealant is then flowed into the grooves and hardened with our curing light. The appointment can be very simple and takes less than an hour. The most challenging aspect is keeping the tooth isolated and dry so the sealant can be placed adequately. This may require some extra patience for an energetic child, but overall it is a completely painless and simple procedure.
Sealants are not meant to last forever. Ideally they'll last through the teen years. At this point a person should be better able to care for their own teeth without the aid of sealants. If parts of a sealant are lost before this time they can be quickly repaired during a routine checkup.
What's the difference between bonding and veneers?
Bonding and veneers are used to improve the appearance of your most visible teeth.
Sometimes these teeth have had multiple fillings that are staining and wearing out. Other times there are unsightly gaps, cracks, or malformations. When other treatments such as orthodontics or teeth whitening won’t solve the problem, veneers and bonding are great solutions.
“Bonding” is actually a reshaping of the teeth using composite, the same material we use for a typical white filling. Your natural teeth may be altered slightly to make room for a thin layer of composite that Dr. Buxton adds and contours to blend with your natural tooth structure. The procedure is usually completed in one appointment with the occasional additional appointment for touchups and adjustments.
Veneers follow a similar concept as bonding, but the veneer is actually custom-made made by our dental lab out of porcelain. The first appointment involves preparing the teeth for the veneer and then making a mold of your teeth for the lab to work with. The second appointment is dedicated to cementing the veneers permanently into place. Veneers cost more than bondings, but they are typically more durable and can look slightly more natural than bonding.
If you’d like to know what kind of cosmetic options will best meet your needs, please schedule an appointment with us at Buxton Family Dental.
Which cosmetic treatments do you offer?
A great smile can have a huge impact on your life. There are various ways to improve the color, shape or alignment of your teeth. Here are a few of the treatment options we offer here at Buxton Family Dental.
Teeth Whitening: Do your teeth seem naturally darker than other people's teeth? Have your teeth turned a darker color over the years? Do "whitening" toothpastes not seem to have any effect? This is often solved with a simple professional whitening treatment. Learn more about how we can brighten your smile here.
Bonding: If your teeth are minimally chipped, damaged or needing reshaped, cosmetic bonding is the quickest, most affordable and most conservative option. Using tooth-colored filling material your front teeth can be improved in just one visit.
Veneers: Veneers are more expensive, require removal of more tooth structure and take more time, but the result is a life-like, long-lasting smile. Veneers are custom made out of ceramic by a dental lab and replace the outer most layer of your visible teeth.
Crowns: If your teeth have had more significant damage from wear, cavities, etc. the above options may not provide enough strength. Full coverage crowns can achieve your cosmetic goals while reinforcing your teeth at the same time. These too are made by a dental lab and require more than one appointment.
My crown is old and broken. What should I do?
While crowns are meant to last a very long time, this all depends on the way you treat the crown and use your teeth. For example, someone who grinds their teeth can expect to replace the crown due to breakdown at some point in the future. Many older crowns were "porcelain-fused-to-metal" crowns or simply referred to as a "PFM". These crowns have a metal substructure with porcelain on top to appear like a natural tooth. Over time the porcelain can weaken and chip away exposing the metal underneath. If you have a crown that has broken down in some way its a simple procedure to remove the crown and replace it with a new crown made of the most modern materials.
Which cosmetic treatments do you offer?
A great smile can have a huge impact on your life. There are various ways to improve the color, shape or alignment of your teeth. Here are a few of the treatment options we offer here at Buxton Family Dental.
Teeth Whitening: Do your teeth seem naturally darker than other people's teeth? Have your teeth turned a darker color over the years? Do "whitening" toothpastes not seem to have any effect? This is often solved with a simple professional whitening treatment. Learn more about how we can brighten your smile here.
Bonding: If your teeth are minimally chipped, damaged or needing reshaped, cosmetic bonding is the quickest, most affordable and most conservative option. Using tooth-colored filling material your front teeth can be improved in just one visit.
Veneers: Veneers are more expensive, require removal of more tooth structure and take more time, but the result is a life-like, long-lasting smile. Veneers are custom made out of ceramic by a dental lab and replace the outer most layer of your visible teeth.
Crowns: If your teeth have had more significant damage from wear, cavities, etc. the above options may not provide enough strength. Full coverage crowns can achieve your cosmetic goals while reinforcing your teeth at the same time. These too are made by a dental lab and require more than one appointment.
What are the advantages of dental implants?
When replacing missing teeth there are usually multiple options (bridges, implants, dentures, etc.) and weighing the various benefits can be confusing for anyone. Implants are one of many solutions and with continuing advances in the field they have become the very best solution in many situations. Here are a few of the multiple benefits to implant treatment:
The procedure is easier than most may think! It usually only takes about an hour for a single titanium implant to be placed in the jaw. After that you are allowed several months to heal.
Once the implant has integrated with the bone a custom-made crown is created and fixed to the implant. This means dental implants replace both the root and crown of the missing tooth and do not require the alteration of surrounding teeth.
Dental implants preserve the jaw bone which no other treatment option can do. When a tooth is lost the jaw bone gradually shrinks ("atrophies") over time.
Your new tooth cannot be affected by decay and if taken care of properly it can last a lifetime.
Do you see emergency patients?
If you have a dental emergency, we know you want relief, and you want it fast! That is why we allow time in our schedule for our emergency patients. We will make every effort to accommodate you and get you in to see us the same day.
Note: If you have a critical injury that affects your face or jaw or you are experiencing excessive bleeding or swelling, please go to an emergency room or call 911.
At Buxton Family Dental, we have the skill and experience necessary to deal with a wide range of dental emergencies. There are some situations that require immediate attention, like intense pain or a knocked-out tooth. With others, like a loose crown or filling, you should be treated as quickly as possible, but it may not be necessary for you to drop everything to come into our Fort Collins dental office for same-day emergency treatment.
If you are having a problem, call us right away at (970) 482-6333. We will listen to your concerns and let you know what you can do to help yourself until we can see you. Since we leave extra time in our schedule, we can typically see emergency patients the same day.
Do you treat patients of all ages?
As your general dentist in Fort Collins, CO, Dr. Kendall Buxton enjoys treating patients of all ages. We help your little one get a healthy start with their oral health and provide comprehensive dental services for all the other members of your family.
Your time is valuable, and it’s easy for dental appointments to keep getting pushed to the bottom of your to-do list. The last thing you need is to have to bring your family to different dentists to get the age-appropriate care they need. At Buxton Family Dental, we offer all the comprehensive dental services your family needs such as cleanings, exams, fillings, and many more.
Do you have a toddler ready for their first dental exam, or a parent who needs to restore worn or damaged teeth? Dr. Buxton personalizes dentistry to fit your individual needs. Our skilled dental team has all the training and experience required to address your family's needs at every stage of life.
We hope you’ll choose Buxton Family Dental for all your general dentistry needs. Here you’ll find a comfortable environment filled with happy people who want you to enjoy the best possible oral health.
Are you looking for a Fort Collins dentist who can provide your entire family with quality care? Please call Buxton Family Dental at (970) 482-6333 to arrange a dental appointment to get started.
How do dentists find a cavity?
Cavities are caused by the bacteria that live in every human being's mouth. These bacteria thrive on the sugars that you place in your mouth, they then form dental plaque, and these plaques contain the bacteria's acidic byproducts that eat away the surfaces of your teeth. If these softened areas get too large they can break down further or "cavitate". These will continue to grow unless the dental decay is removed and the tooth restored by a dentist. We like to find a cavity when it is small and repair it before there is major breakdown.
Cavities can form on various surfaces of your teeth. Some people are more prone to certain types of cavities than others:
The most common type of cavity forms in the deep grooves and fissures found on the chewing surfaces of your teeth. Bacteria can easily hide out in these areas and some people struggle to brush them away. This deep grooves are the main reason most dentist's recommend sealants at a young age. These cavities are usually found with a dentist's explorer. Your tooth is made of the hardest substance in the human body so it should feel solid when tested by your dentist. If a soft or sticky spot is found by the explorer this is the most common indication that there is a cavity.
The next most common type of cavity is found between your teeth. These are cavities prevented by flossing. They usually form when bacteria collect just below the spot where neighboring teeth contact each other. These types of cavities are usually found with our routine bitewing x-rays.
Another common area to get a cavity is along the gum line. Dental plaque is easily formed along the gum line. On the lingual side (the side of your tooth facing your tongue), plaque formation is less common because it is routinely washed away by your tongue. It is much more common on the buccal side (the side of your tooth facing your lips and cheeks) and special effort must be made to brush it away. These cavities are detected visually or again by running the dental explorer across the tooth surfaces looking for breakdown.
Another very common type of decay is called recurrent decay. This is decay found along the margins of an existing restoration (a filling, crown, etc.) The margin is where a dental restoration meets your tooth. Microscopic bacteria hide on any ledge, crevice, or crack that they can find and this junction between your restoration and your tooth is an ideal space no matter how well the restoration is done. For this reason it is very important to be mindful of the dental work you have in your mouth and take extra care to maintain it.
If you're concerned that you might have a cavity and would like it evaluated, please give us a call at Buxton Family Dental!
How do you treat TMJ pain?
TMJ stands for temporomandibular joint. This joint between your jaw and your skull is the only joint of its kind in your body. Unfortunately, it can be the source of many painful problems for some people. If you experience joint pain, headaches, muscle pain, nighttime grinding and clenching, or similar symptoms, you may be suffering from TMD or temporomandibular disorder.
TMD can be caused by misaligned teeth, traumatic injury, or muscular habits often triggered by stress. At Buxton Family Dental, we can treat many TMJ issues with a simple appliance that will help guide your jaw into a more comfortable position and protect the teeth. Typically, these appliances are worn at night while sleeping, which is when most of the problems occur. Other cases require daytime use, which necessitates an appliance that is a little more discreet for appearance’s sake.
Periodically, we’ll meet a patient whose TMD case is much more complicated in nature and requires the aid of a specialist. There is still no specialty recognized by the American Dental Association that strictly focuses on TMJ treatment; however, many general dentists and various specialists focus heavily on this type of treatment so they can help these more complicated cases. Come on in for a consultation and we’d be happy to help you decide what type of treatment you need.
I'm afraid of needles. Do you have to give me a shot?
Teeth can only feel one thing - pain. Fortunately, we live in a day and age where that pain can be eliminated in order to repair and preserve teeth. There is a wide variety of gadgets and techniques that have been developed to make getting numb easier, but sadly, needles are still involved with the vast majority of those methods. At Buxton Family Dental we take great pride in our ability to make dental care as comfortable as possible even for people with a fear of needles. With a little extra time and patience getting numb does not have to be a miserable experience.
First we rub a very strong topical anesthetic onto your cheek to start the numbing process. Next we warm our anesthetic so that it is body temperature. When the anesthetic is placed the key is to go very, very slowly. Many people believe that the pinch they feel comes from the needle itself, but most of that discomfort actually comes from the local anesthetic delivered to the tissues. Once the anesthetic has had adequate time to work, we can begin fixing your tooth, but we always go cautiously to make sure your teeth are comfortable. Every individual is different. If you take extra time or extra anesthetic to get numb, we'll note it for the next time. If you have any dental anxiety about this part of dentistry, we're more than happy to help and give you the extra care you need!
What procedures do you perform?
As a general dentist, Dr. Kendell Buxton has the training and expertise to provide comprehensive dental care for you and your family. He worked in numerous dental practices around the country before he opened Buxton Family Dental and that knowledge and experience allow him to provide all the essential services needed to keep your smile healthy and beautiful.
Some of the services we provide are:
Children’s dentistry
Prevention, including cleanings, exams, and x-rays
Tooth-colored fillings
Restorations, including crowns, bridges, and dental implants
Cosmetic services like teeth whitening and bonding
While Dr. Buxton is a highly skilled professional, he also recognizes the essential role that trained specialists play in your dental care. We maintain close relationships with an exceptional group of professionals in the Fort Collins area, so you can be confident that you are in the best possible hands if we feel a referral is appropriate.
If you are interested in experiencing high-quality dentistry in a warm and welcoming setting, please call Buxton Family Dental. Our team will go out of their way to show you how much we value you as a patient and how happy we are that you are taking care of your oral health.
Why do I need this procedure?
One of our goals at Buxton Family Dental is to help you better understand your oral health needs. We know from experience that educated patients tend to be more proactive with their dental care and suffer from fewer problems as a result.
An essential part of the process is getting to know you so we can understand your needs and tailor your treatment accordingly. Then we can work together to develop a long-range plan to keep your smile healthy.
Another way we help you understand your dental needs is by using technology like intraoral cameras that let you see what we see when we look in your mouth. The camera is about the size of a pen, and Dr. Buxton directs it over your teeth during your exam.
The image captured is displayed simultaneously on your chairside monitor, so you can see in real time what the problem is and why we need to treat it. We also use comfortable digital sensors instead of x-ray film to produce images of your teeth that we can share with you and point out problems.
At Buxton Family Dental, you can be confident that we will never recommend a procedure you don’t need or want. By working as a team, we can provide you with the personalized care you need for a smile you’re proud to show off.
Preventive Treatments
What are dental sealants?
The transition from primary teeth ("baby teeth") to permanent teeth goes through several stages starting around age 6 or 7 and ending around age 12 or 13. What many people don't realize is that the permanent molars don't actually replace any primary teeth, but instead grow into the space behind all the primary molars. This first set of molars erupts around age six! The next set comes in around age 12. The final set of molars (wisdom teeth) appear in the later teen years. Compared to primary molars, the permanent molars typically have very deep grooves and fissures on the chewing surface of the teeth which readily attract food and bacteria. The teeth are also located far back in hard to reach areas for a growing mouth. Then throw in the fact that adolescents often struggle with adequate oral hygiene and you have a recipe for disaster! We typically recommend sealants for the first and second molars for all children to protect the teeth while they learn how to properly care for their teeth. Sealants are a protective coating painted on the tooth to seal off the cavity-prone grooves and fissures. We'll usually try to seal all four teeth in one appointment around age 6 and again around age 12.
To prepare the teeth for sealants the areas to be sealed are thoroughly cleaned and evaluated for existing decay. The sealant is then flowed into the grooves and hardened with our curing light. The appointment can be very simple and takes less than an hour. The most challenging aspect is keeping the tooth isolated and dry so the sealant can be placed adequately. This may require some extra patience for an energetic child, but overall it is a completely painless and simple procedure.
Sealants are not meant to last forever. Ideally they'll last through the teen years. At this point a person should be better able to care for their own teeth without the aid of sealants. If parts of a sealant are lost before this time they can be quickly repaired during a routine checkup.
Will my procedure hurt?
Our mission at Buxton Family Dental is to meet the general needs of patients young and old in a safe and comfortable environment. We understand that dentistry is a challenge for many people, and we don’t want anxiety to compromise your oral health.
Each patient is different, so we encourage you to let us know what will help you relax the most. We offer warm blankets, pillows, overhead televisions, and music with headphones. Help us find what makes you most comfortable and we’ll try to remember it each time you visit.
We know that details matter, so we have designed our warm and inviting office with your comfort in mind. When you arrive, you can relax in our comfortable reception area, enjoy a magazine or movie, and help yourself to coffee, tea, hot cocoa, or bottled water.
When it’s time for your appointment, we use a strong topical anesthetic gel to numb your gums. We warm our anesthetics for your comfort, and we use a gentle approach to make the numbing process as painless as possible.
We understand that in some cases you may need a little extra help to relax, and sedation dentistry is the perfect solution. We offer nitrous oxide and oral and IV sedation, and Dr. Buxton will help determine which is appropriate for your level of dental anxiety.
If you are looking for a comfortable dental experience and the highest standard of care, please call Buxton Family Dental to arrange an appointment!
Which cosmetic treatments do you offer?
A great smile can have a huge impact on your life. There are various ways to improve the color, shape or alignment of your teeth. Here are a few of the treatment options we offer here at Buxton Family Dental.
Teeth Whitening: Do your teeth seem naturally darker than other people's teeth? Have your teeth turned a darker color over the years? Do "whitening" toothpastes not seem to have any effect? This is often solved with a simple professional whitening treatment. Learn more about how we can brighten your smile here.
Bonding: If your teeth are minimally chipped, damaged or needing reshaped, cosmetic bonding is the quickest, most affordable and most conservative option. Using tooth-colored filling material your front teeth can be improved in just one visit.
Veneers: Veneers are more expensive, require removal of more tooth structure and take more time, but the result is a life-like, long-lasting smile. Veneers are custom made out of ceramic by a dental lab and replace the outer most layer of your visible teeth.
Crowns: If your teeth have had more significant damage from wear, cavities, etc. the above options may not provide enough strength. Full coverage crowns can achieve your cosmetic goals while reinforcing your teeth at the same time. These too are made by a dental lab and require more than one appointment.
Tooth Extraction
Do I really need to have my wisdom teeth removed?
Not everyone needs their wisdom teeth removed, but for many people it is a very good thing for their long term health. Your third molars, commonly known as wisdom teeth, usually erupt in the later teen years. It's thought that they were named wisdom teeth because they erupt much later than the other teeth at a time when we are supposedly much more mature and wiser. Some people are lucky enough to have their wisdom teeth erupt normally and serve them well. Here are other situations we commonly see that usually warrant removal of these teeth:
Your wisdom teeth are fully impacted. An x-ray would show them laying at various angles in your jaw bone. Its unlikely they will ever show themselves in your mouth, but the lower wisdom teeth can sit near the nerve that runs through your jaw and the upper wisdom teeth may be near your sinus so any time you have jaw discomfort you may wonder if your wisdom teeth are the cause.
Your wisdom teeth are partially erupted (meaning they partly show through the gums). Sometimes these are the most problematic wisdom teeth. These can be very difficult to keep clean and the gums that lay over the teeth may periodically become inflamed and painful when bacteria flourish underneath. You also may be warned that the space around the partially exposed teeth can attract debris and bacteria that lead to cavities on the neighboring teeth and these can be very difficult to fix.
Your wisdom teeth are fully erupted, but are very far back in your mouth. They can be so difficult to reach that you're prone to cavities or gum disease even though you may be very good at taking care of your other teeth.
We often prefer to remove wisdom teeth when you are a teenager for various reasons. Two major reasons is that the teeth are easier to get out when you're younger and your ability to heal is much greater in your youth. Many people choose to wait which can put them at greater risk for complications so it's important they make that decision after understanding their particular situation. If you decide to remove your wisdom and your case is more complicated than is average we'll often send you to an oral surgery specialist and we have multiple wonderful oral surgeons in the area.
If you have any questions about the state of your wisdom teeth please pay us a visit at Buxton Family Dental!
Tooth-Colored Fillings
How do dentists find a cavity?
Cavities are caused by the bacteria that live in every human being's mouth. These bacteria thrive on the sugars that you place in your mouth, they then form dental plaque, and these plaques contain the bacteria's acidic byproducts that eat away the surfaces of your teeth. If these softened areas get too large they can break down further or "cavitate". These will continue to grow unless the dental decay is removed and the tooth restored by a dentist. We like to find a cavity when it is small and repair it before there is major breakdown.
Cavities can form on various surfaces of your teeth. Some people are more prone to certain types of cavities than others:
The most common type of cavity forms in the deep grooves and fissures found on the chewing surfaces of your teeth. Bacteria can easily hide out in these areas and some people struggle to brush them away. This deep grooves are the main reason most dentist's recommend sealants at a young age. These cavities are usually found with a dentist's explorer. Your tooth is made of the hardest substance in the human body so it should feel solid when tested by your dentist. If a soft or sticky spot is found by the explorer this is the most common indication that there is a cavity.
The next most common type of cavity is found between your teeth. These are cavities prevented by flossing. They usually form when bacteria collect just below the spot where neighboring teeth contact each other. These types of cavities are usually found with our routine bitewing x-rays.
Another common area to get a cavity is along the gum line. Dental plaque is easily formed along the gum line. On the lingual side (the side of your tooth facing your tongue), plaque formation is less common because it is routinely washed away by your tongue. It is much more common on the buccal side (the side of your tooth facing your lips and cheeks) and special effort must be made to brush it away. These cavities are detected visually or again by running the dental explorer across the tooth surfaces looking for breakdown.
Another very common type of decay is called recurrent decay. This is decay found along the margins of an existing restoration (a filling, crown, etc.) The margin is where a dental restoration meets your tooth. Microscopic bacteria hide on any ledge, crevice, or crack that they can find and this junction between your restoration and your tooth is an ideal space no matter how well the restoration is done. For this reason it is very important to be mindful of the dental work you have in your mouth and take extra care to maintain it.
If you're concerned that you might have a cavity and would like it evaluated, please give us a call at Buxton Family Dental!
Which cosmetic treatments do you offer?
A great smile can have a huge impact on your life. There are various ways to improve the color, shape or alignment of your teeth. Here are a few of the treatment options we offer here at Buxton Family Dental.
Teeth Whitening: Do your teeth seem naturally darker than other people's teeth? Have your teeth turned a darker color over the years? Do "whitening" toothpastes not seem to have any effect? This is often solved with a simple professional whitening treatment. Learn more about how we can brighten your smile here.
Bonding: If your teeth are minimally chipped, damaged or needing reshaped, cosmetic bonding is the quickest, most affordable and most conservative option. Using tooth-colored filling material your front teeth can be improved in just one visit.
Veneers: Veneers are more expensive, require removal of more tooth structure and take more time, but the result is a life-like, long-lasting smile. Veneers are custom made out of ceramic by a dental lab and replace the outer most layer of your visible teeth.
Crowns: If your teeth have had more significant damage from wear, cavities, etc. the above options may not provide enough strength. Full coverage crowns can achieve your cosmetic goals while reinforcing your teeth at the same time. These too are made by a dental lab and require more than one appointment.
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The brief Version: the majority of commitment mentors focus on helping their clients bring in others in their lives, but, per attitude and union Professional Patrick Wanis, Ph.D., the main focus should start off with your self. By helping individuals to clear on their own of unfavorable viewpoints, distressing thoughts, and increase their particular self-esteem, Patrick opens up the entranceway for them to discover, develop, and sustain healthier connections. Patrick supplies one-on-one coaching and treatment periods to evaluate someone’s behavior and tailor a procedure for his / her unique situation. He has also published numerous e-books and audiobooks to help people enhance certain connection issues, and his awesome blog site functions over 1,100 posts to assist them much better realize and change unique conduct. Even further, Patrick teaches different counselors and mentors and it is taking care of a manuscript to teach all of them his very own unique and very effective therapy technique â SRTT.
A lot of youngsters have actually bad encounters they misinterpret as actually their fault â like moms and dads managing one another defectively or divorce. They internalize those childhood encounters and sometimes establish adverse self-worth, or a deficit of self-love, which will make it tougher to locate really love and keep maintaining healthy relationships with others afterwards in life.
Patrick Wanis, Ph.D., started initially to learn peoples conduct at an early age assured of better understanding his own youth and family members misconceptions. In time, studying men and women and relationships became their career. Through private coaching, treatment sessions, and several online resources, he helps individuals overcome early hardship making positive alterations in their unique everyday lives by changing subconscious mind values and releasing old distressing thoughts.
Lots of connection mentors pay attention to how to attract a prospective lover, but Patrick thinks customers must start with doing the partnership they usually have with by themselves.
“the manner in which you relate solely to on your own is gonna identify the kind of relationship you are going to have,” he mentioned. “When I assist people with relationships, I first enable them to realize themselves as well as their motivations, which develops emotional cleverness. Next, we clean out injury and alter quite a few of their unique unfavorable subconscious perception for them to link much better and their partner or anyone who they would like to share a relationship.”
When men and women have cured past traumas and restricting self-beliefs, they are able to start to understand the requirements regarding associates â and show and obtain really love in healthier steps.
“Whenever we don’t believe that people’re good enough, and then we take with you guilt or shame, after that we post a wall around our selves, and now we choose to not ever express really love and do not allow anyone else to get near to all of us,” Patrick mentioned. “We unconsciously fear our really love is refused, and, thus finally, all of our very key existence is denied.”
Patrick deals with customers of various age groups and experiences and centers around connections or address contact information individual problems â like anxiety or outrage â and many of his clients have observed life-changing outcomes after just a few periods absorbed inside the distinctive treatment technique: subconscious mind fast Transformation approach (SRTT).
For people that need certainly to improve their connections with on their own â or others â Patrick supplies one-on-one training and therapy sessions.
If you’d like suggestions about a particular subject, including interactions or online dating â Patrick offers personal coaching classes. He gives the example of a client who’d no hint simple tips to keep in touch with ladies due to their upbringing. Patrick coached him on how best to better associate with others, treat ladies with admiration, and understand their demands.
If you’re searching for an even more intense transformation or need help with stress and anxiety, despair, or past upheaval, Patrick supplies treatment together with his unique Subconscious Rapid Transformation Technique (SRTT). The guy deals with clients throughout individual classes along with cellphone sessions.
Patrick explains the majority of their private work centers on a process that encourages modification, due to the fact, in most cases, clients think caught.
“The thing I would is get rid of the hurdles. As an example, when someone claims, âi understand i have to slim down, i am aware i have to work out,’ I’ll search out the inspiration in order to find what is stopping all of them from working out or maintaining a healthy diet,” the guy said. “it could be driven by self-sabotage since there’s a part of all of them it doesn’t believe they have earned become pleased, healthier, and appearance great.”
Patrick coined the expression “legislation of Deservedness,” which states that “you merely get everything subconsciously think you have earned, and no more. When you get over that which you unconsciously feel you have earned, you will ruin it, press it away, or simply just will not appreciate or be thankful.” For this reason , men and women often find by themselves stuck in habits of poor connections. By helping customers subconsciously feel they deserve better, the guy provides a pathway to creating better selections, with greater results.
However, Patrick does not provide a one-size-fits-all approach; He has his customers finish a DISC examination; a favorite behavioural evaluation device. It categorizes people by Dominance, Influence, Steadiness, and Conscientiousness.
“Once i am aware your own character and behavioral design, I then understand how to reply and make use of you. My personal strategy varies centered on what you need.” the guy mentioned.
Like, “D” kinds are very dedicated to the no-nonsense important thing, whereas “S” types are resistant to change and want a lot more patience and assurance because security is extremely important to them. “I” styles need assortment, enjoyable, and the window of opportunity for exploration, whereas “C” designs tend to be sensible and logical, and would like to work by yourself. Patrick takes clients through each step of the process and describes what the behavioural tendencies imply while guaranteeing their message resonates through its temperament.
Patrick is the writer of numerous e-books and audiobooks which tackle certain relationship problems.
He’s got composed brands on precisely how to discover love easily, where to find the soul mates, just what ladies want, linking with couple seeking females, attraction, and ways to overcome your partner, among many more.
The “overcome your ex partner today!” audiobook has recently assisted a huge selection of individuals, Patrick shows. The eight-hour guide assists people browse breakups and discover ways to move forward and find a wholesome relationship that is the proper match â since really love alone is not always sufficient to make a relationship winning, satisfying, and lasting. The guy includes that the system assists men and women learn how to realize on their own, their needs, and ways to get a hold of a compatible partner while grieving and allowing get of an ex.
Patrick’s site has their lots of downloadable sound hypnosis programs also, from going through your partner and appreciating sex guilt-free, to getting self-esteem, stopping cigarette smoking and losing body weight.
Patrick developed exclusive as a type of treatment over years called the Subconscious fast Transformation approach (SRTT), in which he offers an exercise plan for it on his internet site.
“we created my treatment process, which extends to the primary cause of your own issue and assists one to improve your subconscious viewpoints and release any mental discomfort you’re holding,” he said. “It’s a good program for practitioners, coaches, and psychologists; it adds to their own resources.”
1,000+ Articles to Increase your own Understanding of Human Behavior
Patrick offers a wealth of cost-free information on his blog site, in which he has above 1,100 posts to help people much better perceive behavior and relationships.
Weekly, the guy sends out a free email publication called the “Achievement Newsletter,” wherein he offers techniques and ideas about achievements in all regions of existence. His site also offers cost-free exams alongside sources.
“(My articles and products) allow you to find out more about yourself yet others. Capable ultimately create a location of forgiveness and compassion both for your self as well as others, and to also make it easier to get to the subconscious opinion you are worthy and suitable, and there’s really no problem with you,” â Patrick Wanis, Ph.D.
Many of these posts will readers transform their internet dating schedules by assisting all of them understand by themselves and prospective mates.
“They let you learn more about yourself among others. They may be able fundamentally cause a place of forgiveness and compassion for both your self among others, also to in addition permit you to arrive at the subconscious mind belief you are worthwhile and good enough, and there’s really nothing wrong with you,” he stated.
Patrick happens to be using a literary agent on a manuscript about their special therapy process SRTT to simply help different counselors, therapists, psychologists and mentors set folks clear of their unique limiting philosophy.
“In the end it’s always alike aim: How can I attain more and more people, so they are able set on their own free from the organizations and limitations which they’ve positioned on themselves according to their unique subconscious opinions or perceptions of things completed to them â or perhaps not done to them?” Patrick describes.
According to Patrick, we blame our selves for youth injuries, plus it triggers united states to consider there will be something incorrect with our team and hold our selves back from contentment.
“Needs people to realize that you’ll release the self-blame, and change the notion that there’s something very wrong to you, so when you do by using my personal procedure of SRTT, lifetime and results will alter considerably!”
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‘Spandan’ is a Sankrit word that means Response. As Spandana was in fact born as a response to a deeply rooted need within the context of rural India, the organisation was rather fittingly named ‘Spandana’.
Spandana Sphoorty Financial Limited (“Spandana” or the “Company”) is a public limited company registered with Reserve Bank of India (RBI) as an NBFC-MFI. Spandana’s journey began in 1998 and within five years, the company grew to become the largest Micro finance Institution (MFI) in India and 6th largest MFI across globe by 2003. At its peak, Spandana had 1,856 branches with presence across 10 states and a work force of over 13,500 employees.
Spandana, founded by Mrs. Padmaja Reddy in 1998, was initially set up as a society which later transformed into an NBFC and then finally as an NBFC-MFI. Prior to founding Spandana, Mrs. Reddy worked at an NGO in Andhra Pradesh. The NGO’s motive was to help the underprivileged to build their homes, provide clean drinking water, sanitation, and health education. The NGO used to raise grants from different funding agencies to implement the aforementioned activities.
While working at this organisation, she happened to meet a rag picker and through their interaction, Mrs. Reddy learned that the rag picker earned approximately Rs.60 a day, of which she paid Rs.10 a day towards rent for a handcart and Rs.30 towards interest on the loan for some working capital. This left her with a meagre income of Rs.20 per day. The rag picker continued to explain her misery that her husband was not supportive to the household and that the whole family had to live out of this small income. The rag picker also mentioned that she started working as a rag picker when she was 12 years old and was working for the past 14 years. The rag picker had paid over Rs.40,000 rent for a cart that would have costed her Rs.1,500, had she bought the same off the market. She also mentioned that she was borrowing Rs.270 every day and re-paying Rs.300 on the same day to the money lender and moreover, was obligated to sell the scrap to him at a price dictated by him which was lower than the market price.
Mrs.Reddy told her that, over the years she paid over Rs.1,50,000 interest on a daily loan of Rs.270 which is paid back on the same day. When asked about why she did not start this business on her own, which would have helped her to save roughly Rs.2,00,000 she mentioned that without a home no formal institution would even look at her. Mrs. Reddy enquired whether she would be able to repay a loan if given the opportunity. Upon assurance from her, Rs.2,000 loan was given from that NGO. Out of this Rs.2,000 loan, the rag picker invested Rs.1,500 to buy a new handcart and the balance Rs.500 was used as working capital to buy scrap off customers. As she was no longer required to pay Rs.10 rent and Rs.30 towards interest to the money lender, from the very next day, her income increased from Rs.20 to Rs.60. The rag picker was overwhelmed and she shared this news with the other rag pickers in town, as well as vegetable vendors and fruit vendors who would push handcarts for their trading activity. She proudly showcased her new handcart to all of them and said that she is no longer taking a daily loan from the money lender on which she used to pay 10% a day. The news spread like wild fire and after two days, about 300+ women came to the NGO office to request for the same loan. Each one of them promised that they could easily repay the loan without any default and wanted a relief from the clutches of money lenders
Mrs. Reddy, convinced by the impact this small loan could create on the rag picker’s livelihood decided to scale up and extend support to other such women who are exploited by money lenders and are struggling to make ends meet. These women were so confident and honest that it made her believe that this activity, if scaled up, can significantly improve the socio-economic status of millions of poor families in India. This example has proven beyond doubt that women by nature are honest and at the same time very dynamic and enterprising. Given the required support, these women can bring about a change amongst themselves, their families, community and the whole Society at large. Unlike other developmental programmes where scalability and sustainability always remain a concern, this model of financing has the inherent strength of meeting its cost by which the business is sustainable with no dependency on grants and therefore can be scaled up to endless possibilities.
With this conviction, Mrs. Reddy wanted to scale up the programme by extending loans to many more women from the same NGO. While she did not get the required support internally, she decided to quit and start Spandana.
With that humble beginning in 1998, today the organisation has expanded its roots to 18 states across India with its Head Office in Hyderabad. It has over 1,010 branches and over 8,200 employees working at the Head Office and branches.
Spandana is derived from a Sankrit word ‘Spandan’, which stands for ‘responsiveness’. Spandana was founded as a response to a deeply rooted need and an opportunity within the context of rural India and continues to operate with the same philosophy.
Address Updated
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This week’s podcast discusses what to look for in a tactical flashlight and some real-world tips to help avoid conflict.
Kris Paronto “Tanto” is a former Army Ranger and private security contractor. His experience within the military and government contracting work spans 18 years. Kris is also an accomplished public speaker, author of The Ranger Way and The Patriot’s Creed, owner of Battleline Tactical, and host and partner of E3 Firearms Association.
Welcome to the Maglite podcast. I got my patch right there so everybody can see it. Kris Tanto, Paronto Ranger veteran, big Oley combatant, movie consultant, author, trainer, motivational speaker, founding member of E3 Firearms Association, uh, E3 Firearms Association. You and I had talked about this. You know, you, you're the main trainer, one of the founders, and one of the main things that you do there is train people how to, number one, avoid conflict. Sure. If they can avoid it. And then the escalating scale of how to use force. You if you have to. And obviously you and I have talked about this in previous conversations that, look, if you're gonna be someone who's gonna carry a firearm, learn how to use it. Yeah. I mean, be, be trained, Right?
Well, and, and be trained because it's, it's, it can be dangerous in the wrong person's hands, obviously, if you've seen it in bad guy's hands. And it all can be dangerous in an untrained person's hand, but if you are trained with it, it's a tremendous asset, tremendous tool for you to protect yourself and your family. What I also see too is not just the farm in itself, just learning the firearm, learning the community being around. It gives people confidence. You just see confidence levels escalate. And believe me, if you are confident out there on the street, I'm not saying arrogant, I'm not saying, you know, your ego's out there, but if you walk with confidence, if you portray yourself as that, you can take care of yourself. And we talk about this on the E3 arm. We actually have an online training course. We talk exactly about this. You becoming harder target, your situational awareness goes up. So now you are avoiding a fight or avoiding conflict without even knowing that you're avoiding it.
You know,
I to win,
I, I was, I was taught that by a, a trainer a long time ago. And that I actually had a situation in, uh, Paris where I had gone out late at night, um, because my family had gotten back late from, uh, we went to the beaches of Normandy and we got back late to the hotel and the kids were hungry. There was a place down the street that was a 24 hour supermarket. It was about four blocks from the hotel. So at about midnight, I'm making the walk down to there, and all of a sudden I feel more than I see a couple of guys cross the street behind me who had come out of an alley and they're gaining on me. Uh, and I straightened up my shoulders. And what I did is I dropped this little thing behind my back. This is a combat pen, right.
Tactical pen that I'm able to, to carry with me everywhere. And I just dropped it behind me and, and, and showed it to him behind my back. You know, I made it visible. They dropped off. What I mean, that's all it took. Just, Hey, I'm, I'm not gonna go down easy. I'm showing you, I'm, if if you come at me, this is not gonna be easy. I know you're there and I'm armed. Uh, and so, you know, that was enough to dissuade them. Uh, and that's, you know, the sort of thing that you learn at E3. Let me, let me ask you about this little thing right here. This is the Mag-Tac 2. This is a flashlight that is designed for handheld operation. Tactically, you've had a chance to interact with it. What do you
Think? Yeah, actually it's, and it's right. My dresser drawers right there with it. So if I need to grab it, I know exactly where it's at night. Um, what I like about it and putting it, it's, it's with the little ridges on the inside of it, it holds perfectly in my hands. Ergonomically just fits in my hands and it's easy to use and grab and it feels comfortable. And the pressure pad is very sensitive, which is good. You want it to be sensitive, but it's also very easy to use as far as you wanna set it on a constant beam, or you wanna set it on the stroke. It's easy with the some, Sometimes you get the older ones. And, and, uh, Surefire had issue with surefire, not, not your competition here, but where the pressure pad wasn't that sensitive. So you really had to hammer that thing to get it to work where <laugh> exactly. A good, good, uh, especially something that has, you can utilize your gross motor skills to operate. That's the best case scenario, especially in a duress. And it's perfect, dude. And actually it just fits right in my hand. I love those little grooves on the inside of it. It's awesome.
Awesome. So you're talking about those grooves that you can see there, and then also it's designed so that you can use it this way. You can
And you can use it this way. Um, so that there are the various holds the har hold, the FBI hold, um, that are used with, uh, handheld firearms. And, and so this is designed with that in mind. And also if it's inclement weather, it's cold, it's wet, you're wearing thick gloves. Yeah. Uh, that it's gonna be those ridges, which by the way, makes this product unique because they're actually grooved into the aluminum as opposed to being something that is like a plastic thing that slides on you.
So they're not gonna break. They're gonna,
And they're permanently there.
Yeah. And you know, at first, first I grabbed like, well, these things are gonna be in the way, but when I grabbed, they just, it fit perfect right between my fingers. And you're right on the Harry's method, doing your shooting and come to an E3 arms, of course we'll teach you the Harry's method. Right, right. I'm sure we have something online with it as well, but yeah, having that ability where you've got that stopper on the back because your hands gets extremely sweaty and that Harry's method it, the light will slip. It does. And with this, if you're married and you like to wear your wedding ring, right, because you have some ethics of Right. And integrity, it will slip on that. But if you've got it with those ridges, and I found out it, honestly, it catch not catches in a bad way, you're gonna rip the ring off, but it stops it and you know it's there. Right. And it's not gonna move on you. And especially, and I, my hands get really sweaty and I've been training with it, and I, but it doesn't move. And I've had issues with the other lights that
Do. Okay. So we're gonna do one more with Kris Tanto gonna take this a break here. Uh, and, uh, we'll get the rest of the story on the other side. This has been the Maglite podcast.
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I first became aware of Claire Tomalin a few years ago when her biography of Samuel Pepys (Samuel Pepys: the unequalled self) won the Whitbread Book Award (predecessor to the Costa Book Award) in 2002. I remember the story was quite newsworthy because her husband, the novelist and playwright Michael Frayn, was also shortlisted the same year for his novel Spies. He won the prize for the novel. She won the biography prize plus the overall best book. Tomalin has written a number of well-received biographies, including of Jane Austen, Mary Wollstonecraft and Thomas Hardy. Her most recent was Charles Dickens: A Life, published in 2011.
Browsing in the bookshop last year, I noticed that she had published her own autobiography, at the age of 83 – I note with some pleasure that her 84th birthday is in fact today! Many happy returns! Reading the blurb whetted my appetite – I was not aware of her life as a groundbreaking Literary Editor at the Sunday Times, or that she had five children, including one boy who died as a baby, and another son who was born with severe disabilities, nor that her first husband, fellow journalist Nicholas Tomalin, was killed in 1973, when her children were still very young. It sounded like a very interesting read.
Anticipating some long drives, I got hold of the audiobook (the reserve list at the library was long and I knew it would be many weeks before I got it), and the fact that it was narrated by Dame Penelope Wilton was a bonus.
At first, I’m afraid to say, I did not enjoy it; I found it quite irritating. Claire was born in 1933. Her father was French and her mother from Liverpool, a talented composer. Her early life was troubled, not least because her parents divorced when she was still quite young. However, she still secured a very good education, first at Hitchin Girls Grammar School and then at the progressive Dartington boarding school in Devon, before going to Cambridge. Through her parents she came into contact with very many high-profile artists, writers and musicians, so though there may have been a shortage of material wealth (though I can only imagine this is relative) there was no shortage of cultural wealth. And I’m afraid this is what I found irritating. I don’t think the author wants us to feel sorry for her, but I found myself with the sense that she really had no idea what the lives of her working class contemporaries, many of whom would have no less ability, were like compared to her own.
The book became less irritating. Once she had graduated, I found the young adult Claire more interesting, although there was still way too much name-dropping for my liking. I think I expect biographies, and in particular autobiographies, to provide insight, reflection and self-awareness; I have, for example, enjoyed Patti Smith’s Just Kids and Anjelica Huston’s A Story Lately Told: Coming of Age in Ireland very much. However, for me this just did not happen with Claire Tomalin until the final quarter or so of the book. As we learn about the death of her husband Nick (he was hit by a shell whilst reporting on the Yom Kippur War in 1973) and how she had to cope with life as a widowed mother of four children, I found I became more sympathetic. She also faced challenges that most will never have to, thankfully, in relation to her children and these parts were both incredibly touching and immensely readable. She lived in a house in Gloucester Crescent, north London, and mentions neighbour Nina Stibbe, whose tales of nannying to the editor of the London Review of Books in the 1980s are recorded in another book I’ve reviewed here, Love, Nina. It was quite a bohemian lifestyle and engaging to read about.
There is much to enjoy in this book, and the last few chapters are poignant, but overall, I was disappointed. Although it was not smug or self-congratulatory, there were certainly parts which lacked a sense of the privileged life the author had led and that for me was a flaw. You will recognize many of the names mentioned, the anecdotes about Andrew Neil and Rupert Murdoch and the industrial disputes that beset The Times provide a fascinating perspective, and here is a life that has been long-lived, so it spans a vast range of time. For me, though, the book was little too much chronological account and not quite enough personal insight.
Recommended if you’re an admirer of the author or have an interest in the mid-20th century cultural life of London.
Which biographies or autobiographies have you enjoyed recently?
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Author Julia's booksPosted on June 20, 2018 June 20, 2018 Categories Book ReviewsTags A Life of my Own, autobiography, biography, Blog, Claire Tomalin, Literature, Michael Frayn, Nina Stibbe, Reading, Viking2 Comments on Audiobook review: “A Life of My Own” by Claire Tomalin
October reading challenge
I am turning rather belatedly to October’s reading challenge book; I’ve had a few heavy reading weeks trying to work my way through the Man Booker shortlist. The winner was announced last week, and although I fell a little short of my target, managing only five out of the six, I feel I need a little break before tackling the monster that is Paul Auster’s 4321! There is still a week to go before the end of October so completing this month’s challenge is still achievable. I’ll be posting my review of September’s reading challenge book, Big Magic by Elizabeth Gilbert, later in the week.
Continuing the theme of life-changing (it’s still Autumn and I’m still motivated!), my task this month is to read a biography or autobiography of someone I admire. Walk into any bookshop and there are dozens of course. They are particularly prevalent at this time of year as publishers turn their attention to Christmas sales. I tend to eschew those celebrity biographies which are so clearly ghost-written and which strike me as a cynical attempt to capitalise on someone’s popularity. But there are many other worthy books and authors out there.
There are a couple of titles that have been on my reading list for a while. The first is Scottish actor and comedian Alan Cumming’s Not My Father’s Son, which was published in 2014. It is linked to his appearance in BBC TV show Who Do You Think You Are? in 2010 in which the result of his research caused him to reflect on his family, his upbringing and, in particular, his relationship with an abusive father. It has received glowing reviews and has also won prizes. The theme of secrets and family research is close to the book I am writing myself so it could be helpful. Or it may just make me feel like givng up now!!!
Option two is the second volume of Anjelica Huston’s authobiography Watch Me, published in 2015. I read the first volume A Story Lately Told, a couple of years ago and loved it. The first book gives an account of her childhood growing up in Ireland, and her relationship with her enigmatic father, the towering figure of John Huston. It moves on to London, her early adulthood and her first experiences in modelling and acting. Watch Me picks up when Huston is 22 years old and recounts her Hollywood years.
Finally, I saw in the bookshop recently that Claire Tomalin has written A Life of My Own, where, for a change, she is writing about herself. I admire Claire Tomalin hugely; she has written some of the finest biographies produced in recent years, covering subjects such as Jane Austen, Samuel Pepys and Mary Wollstonecraft. She has led the most astonishing life: an unhappy childhood, four children, the death of her husband, the loss of a child, and the eternal struggle between motherhood and work. I think I would find this book truly inspiring.
How similar are these three covers!?
So, which is it to be? Grateful for views
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Author Julia's booksPosted on October 19, 2017 October 18, 2017 Categories ReadingTags A Life of my Own, A Story Lately Told, Alan Cumming, Anjelica Huston, autobiography, biography, Blog, books, Claire Tomalin, family, Not My Father's Son, Reading, relationships, Watch Me, writing3 Comments on October reading challenge
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This syndrome is a congenital and inherited disease characterized by increase risk of colon cancer, endometrial cancer and other several types of cancer. Previously lynch syndrome was known as hereditary nonpolyposis colorectal cancer (HNPCC).
Early onset of colon cancer especially before 50
A family history of endometrial cancer
Family history of other related types of cancer like ovarian cancers, sweat gland cancers etc
Causes
This is an autosomal dominant condition means there’s 50% chances of each child to get the mutation if one parent has genetic mutation for lynch syndrome. Either the mutation is in mother or father, risk is same. This mutation result in gene which is responsible for correcting the defaulted genetic codes. Accumulation of these defects aggravate the genetic damage and cells become cancerous.
Diagnosis of lynch syndrome is dependent on detailed medical history and complete general physical examination of the patient. Family history is the most important aspect in the diagnosis of this condition. Tumor testing is also done through Immunohistochemistry (IHC) testing, Microsatellite instability (MSI) testing. Genetic testing can also be done.
Treatment options include:
Screening tests for other types of cancer
Surgery including colectomy, oophorectomy and hysterectomy
Daily intake of aspirin for prevention of cancer
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Time is one of your greatest allies in getting rich, but it is also a constant foe, since we all have a limited supply of it. So it makes sense that Mr. Money Mustache would spend some of his time, sharing some strategies that help you get the most of yours.
But sometimes, my bold and presumptuous advice will stir up a cloudy soup of questions and complaints from advanced and beginner readers alike:
“You can’t count the ‘cost’ of the time I spend driving to work, because I have no way to get paid for those hours”
– person trying to defend a long car commute after reading The True Cost of Commuting
“I’m so busy at work, that I’m glad to pay someone else to mow my lawn, freeing up my weekends to do things I enjoy”
– person with a busy job and many outside-of-work hobbies.
“I’m an efficient IT consultant and I get paid a lot. Shouldn’t I pay somebody else to paint my walls, since I earn more than they do?”
– an efficient IT consultant currently stuck with pink bedroom walls.
“If my time is really worth as much as Mr. Money Mustache says it is ($25, $50, or more per hour), should I really waste any of it doing things I don’t enjoy?”
I can see the confusion, because at first glance, the Way of the Mustache might seem to have some contradictory rules. If a car commute is unacceptable because it wastes time, then surely we can justify buying free time in any other way possible too, right?
The answer lies in a hidden realm where numbers are sparse. The missing concept which ties together all of this is something called Fully Rounded Badassity. Let’s express some of the principles to see how they can answer our questions.
If you eliminate your car commute and free up two hours per day, those hours go directly to your evenings, doubling the amount of time you have to get things done. If you invest this time in things like furthering your education (at school or with nonfiction books), or building up your own side business, refinancing your mortgage or getting better deals on insurance, or even just learning about stress and happiness, you are making permanent improvements to yourself or your financial situation that will last a lifetime. An hour spent shopping for insurance can save hundreds of dollars per year. Learning to spend money more efficiently (the subject of this blog), can allow you to cut your living expenses in half for life. Learning to eliminate prolonged mental stress can actually save your life. Far from being unpaid time, the free time you get outside of work is the most valuable time you have.
Some people complain about the time it takes to ride a bike to work, or to mow their own lawn or create a garden. But they don’t realize that these things actually take no time at all, because they come with free exercise. One of my rules for life is that you need to average at least an hour per day of pretty hard physical exertion if you want to keep your life in balance. So if you aren’t already getting this much active time, you can schedule in any number of these physical tasks and collect double pay: Once for the tax-free savings of the cash you no longer need to fork over to a lawn contractor, and a second time for the physical fitness dividend that you receive. Compare this with the strategy of a “time-saving” car commuter where you drain your money with every mile, sitting idly on your ass while the machine carries you around in a supremely unhealthy display of inefficiency.
Suppose you accept my exercise argument above, but you’d really prefer to get your exercise riding your $2400 carbon fiber road bike around in the foothills instead of cutting your own lawn. That’s fair enough – but it means you shouldn’t have a lawn. Just as you shouldn’t have a motorboat if that requires you to hire a mechanic who services, tows, and stores it for you, or a private jet with a pilot and hangar staff. Sure, you may enjoy these things, but until you’re financially independent, you simply can’t yet afford to pay others to maintain your shit for you.
If you un-velcro those Pampers from your brain, you will surely be able to find activities that you enjoy both producing and consuming. And those will be the activities you prioritize. Cooking and eating fine food is one example, as is maintaining and riding a bike, and even hosting and attending parties. There will be plenty of time for hiring others to produce luxuries for you, once you’re not so damned poor.
The Efficient IT consultant above had a sound argument based on the old ‘law of comparative advantage’ from the economics textbooks. But what he was missing is that painting a wall changes more than just the wall color. It counts towards your physical activity requirement. It teaches you a skill that is essential for any homeowner and will pay dividends for life. The end product is likely to be more satisfying, because it is a permanent symbol of your own accomplishment. AND it pays you a tax-free salary equal to what you’d otherwise have to pay the painter. Do-it-yourself activities are deceptively powerful, because you will quickly reach a skill level so high that you can complete a job for yourself with less time than you’d even spend hiring and supervising a contractor. The skill can also provide you with portable source of income at any future point in your life.
You’ve got a big to-do list, and only a limited amount of free time. Some house painting, a new garden, a bathroom renovation. You can hire them out right now, and have them done within a month. Or you can work your way through them individually, and get them done in the next year. Which option allows you to spend more of your salary?
By forcing yourself to proceed only as your own free time permits, you are producing a powerful vortex of joyful self discipline and wealth. Your spending is limited. Your costs for each project are drastically reduced. And your time-management skills are constantly honed, as you learn not to waste time on things like TV and websurfing, because the pepto-bismol-pink bedroom is a constant reminder that time management is important.
As explained in the old Classic “You Can’t Cure Obesity with Bigger Pants“, it is usually much more profitable to leave your problems around to stare you in the face, than to sweep them under the rug with a broom made of Franklins.
This is one of the trickiest and most new-age concepts in Mustachianism. But it is one you must strive to understand, and make progress towards throughout your lifetime. The bottom line is that no matter what you buy, you’ll soon adapt to the new level of luxury and be no happier than where you were before. This applies to anything – even paying someone to repaint your pepto bismol bedroom to a nicer color. Even owning a vacation home in the mountains in which you get to throw great parties every weekend.
The thing is, even I have trouble believing this. Taken to the extreme, you would logically conclude that it is best to own virtually nothing, and live in monk-like simplicity in a commune. Sometimes it just feels so right to buy something. The justifications are so rich and intellectual-sounding. The purchase will allow you to express your creativity, or stay in better shape, or spend more time with your friends and family. How can buying things possibly not make me happy?
To resolve the discrepancy, I think of the journey away from materialism as a lifelong challenge. I acknowledge that I do still suck, and I still have weaknesses. That’s why I still have a very nice house filled with relatively fancy stuff. It’s why after two years of fighting the urge, I broke down this week and bought this shiny “Ultrabook” laptop on which I’m now typing to you. The weakness causes me to crave new things, and it is my job to work against materialism, and towards other forms of happiness.
The good news about all of this is you can simultaneously be sucking and succeeding. You don’t have to achieve perfect freedom from materialism to become rich these days. You just need to wipe out enough of it to be able to save 50-75% of your income. That’s relatively easy for households who make over $100,000 per year, because you just have to learn to be happy without some really high-end stuff that most people can’t afford anyway, like Mercedes Benz products. Most of my own wealth comes from the fact that I’ve eliminated all desire for fancier cars, houses, trips, or motorboats. At much lower levels of income, it takes more practice, because you may need to be happy living without more common amenities, like any sort of car at all. But as soon as you realize that the situation is entirely in your control, the scale moves rapidly away from sucking and in the direction of success. And you might find your income creeping upwards towards those higher ranges as a byproduct of this success.
In the grand scheme of things, the way to get the maximum rate of pay for your time comes from a balance of factors. Improving yourself through education and learning skills will increase the market value of your services. But trading too much of your time for money will decrease the value of your money itself, since you’ll be creating an unbalanced and unsatisfying life.
Thus, you will need to bust ass in a variety of areas, not just one, in order to maximize the value of your time. The $8.00 per hour Subway clerk needs to stay up late and study his math textbooks to get that business degree. But the $200 lawyer also needs to get her hands dirty mopping the floor and get some scratches while trimming the trees from the top of a ladder. Mr. Money Mustache still needs to set tiles and install new toilets into the homes of other people, even while he sets aside time to slave away over this backlit soft-touch keyboard in order to write to YOU. Even when he feels like just relaxing and watching movies instead. These balancing activities may or may not happen to generate income, but they are still essential parts of getting the maximum value from my time.
It’s all a bit counter-intuitive at first, but just remember this: the way to earn the most from your time, is to consider the many ways you can extract value from each moment of your life.
Previous Post: The Tyranny of Having a Real Job Next Post: The Riches of the Urban Harvest
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Mrs. Pop @ Planting Our Pennies October 18, 2012, 6:18 am
I combine #1 with 2, 3, and 4 pretty much all the time by frequenting the library section that has the most 90+ year olds – the audiobook section.
Take the 90 minute run I do most mornings – Audiobook time. In the ~9-10 hours per week that I run, I can get through a pretty standard sized non-fiction (or fiction, I alternate) in a week or less. (Most audiobooks have between 7-9 cds.)
When it comes to maintaining stuff around the house I do the same thing – but usually switch to some of my favorite podcasts because they’re in shorter bites.
Even when I was learning and using tons of new skills renovating our rental property with Mr. PoP, we pretty much always had a podcast or audiobook playing. It’s just such an easy way to keep your brain going in what could otherwise turn into a mindless activity.
However, the one stipulation that I would add to make sure the “self-improvement” time pays off – you need to apply it. You can learn a lot about many different topics – but until you start applying some of the lessons contained therein, I’d say the actual ROI is pretty low.
julia October 18, 2012, 6:55 am
hi Mrs. Pop – You and I are much alike in this area! I also love to listen to podcasts while I run and while I do household chores. But lately I’ve tried to run with nothing in my ears at least once a week, and sometimes I forgo the podcasts while I wash dishes or hang laundry – all in an effort to clear some space in my head.
I think we all need mental space for reflection, not even active reflection, just a time of reduced inputs into the brain. This lets the mind process (consciously and/or subconsciously) the information it’s been taking in, and even start working out new ideas. This has been vital to my creative life, and well worth my time!
Mrs. Pop @ Planting Our Pennies October 18, 2012, 4:13 pm
Julia – Thanks for suggesting the zenhabits link – very interesting.
I completely agree that some time without screens or sounds is definitely necessary – and my yoga instructor would say I need to meditate more. I like to go on walks during the day – 10 or 20 minutes – and on those it’s just me and my thoughts. If it’s during the workday it’s usually more than enough time to let my mind wander and I often come up with solutions to the problems I was struggling with even without actively trying to. Some of my weird blog posts come about wandering on these walks and just seeing where my mind goes.
But, when I’m ironing, I think I’ll still have a podcast or something to listen to. Just not sure I could get all zen-blissed on starching collars. =)
julia October 18, 2012, 5:39 pm
Oh girl, you starch collars?! No, i think you’d need to be a monk (or monkess?) to bliss out on that :)
I read somewhere that Thoreau went on 4-5 hour walks most days to think, and I also read a great article by Joan Didion about how important her long runs are for her writing. Can’t find it now though.
Best wishes on your writing, running, and ironing :)
peter October 18, 2012, 12:20 pm
You what’s even more amazing? My wife just showed me how to skip the CDs at the library and download/borrow digital format from the library (Canada). Last road trip, she downloaded an interesting audio book for us to enjoy on our drive about 5 minutes before we left!
Dave November 19, 2014, 6:15 pm
There is more than just the cost of doing something once to consider. For instance, I HATE mowing the lawn. With a vengence. I hate yardwork of all kinds. My solution was to first, when building the house, have absolutely nothing in the yard to maintain. No trees. No shrugs. No leaves to rake. Nothing. The one thing I couldn’t avoid was a lawn – have to keep the soil from all eroding away somehow. There are also requirements as part of the neighborhood for that. So fine, I have a lawn.
What is something I don’t have? I hate mowing the lawn, so I don’t own a lawnmower. My yard is so big I would need a riding mower to mow it. So mowing my lawn isn’t just about the cost to pay someone to mow it, it would also be the cost of buying and maintaining a riding lawn mower. So instead of paying over a thousand dollars plus maintenance, plus gas, I paid ZERO. And then I pay the neighbor kid 25 dollars for him to mow for me using his own mower and his own gas. And I don’t spent a single minute doing something I hate. Life is too short to do something you hate. If i had to put a price on mowing the law, I wouldn’t mow someone’s lawn for less than a thousand dollars per mowing. That is how much I hate it. So I feel pretty good about paying someone else 25 to do it with their own equipment.
Drew October 18, 2017, 12:42 pm
What’s to hate about a relatively mindless workout where you can get some good thinking time in? Not only that, but unlike a lot of jobs, you can immediately see the impact of your work. Was always one of my favorite chores growing up, and I had a lot to choose from. I rent currently, and would probably avoid a lawn to save costs and water, but if I ever have to mow again, I’ll look forward to it.
Holly@ClubThrifty October 18, 2012, 6:18 am
This is my exact reasoning for my minimalist lifestyle in the first place. I have very few things and anything that doesn’t get used frequently gets the boot.
Why? I don’t want to maintain it, keep track of it, dust it, organize it, clean it.
And guess what, not wanting to own stuff saves a ton of money. Can you tell I hate stuff?
Anyway, another great post! Time is what I value most- more than money. The way that I see it is that earning and saving now is buying myself time in the future by becoming financially independent. When that time comes, I will use that time to do whatever the hell I want!
Doug October 18, 2012, 8:16 am
That’s fully consistent with my observations. More stuff than what you need to live comfortably is more clutter, which not only doesn’t put added value to life, but becomes a hassle and a drain on the pocket book. It’s like paying extra money to run the air conditioner to cool your house to an uncomfortably cold temperature. Most people don’t get my aversion to excess stuff and think I am somehow depriving myself. It’s obvious we mustachians are a very small fraction of the population.
Holly@ClubThrifty October 18, 2012, 10:30 am
What you are saying is exactly how I feel. “Less is more” is a cheesy cliche but it is so true. People sometimes find it preplexing when those who can afford to choose not to indulge ourselves in every gadget that comes along. I don’t want things. I want experiences.
Marcia October 18, 2012, 11:47 am
Edward October 18, 2012, 1:24 pm
Once I grasped the idea that when someone buys something, they’re also effectively paying to store it (in your house, garage, shed, etc.), I became even more minimalist than I was before. Time is money, but so is indoor/outdoor space. The more stuff you have, the larger a place you need to keep it all in, the more you have to pay for a larger space, the more you have to pay to keep that space clean.
julia October 18, 2012, 3:20 pm
We are DIYers, and I also hate clutter and extra stuff. But one thing we’re still trying to learn is a balance between DIY and stuff. Because if you do a lot of things yourself, you need some stuff to do it with. For instance, my husband is renovating our house. That requires lots of tools. He also likes to sew (yes it’s true!), so he’s got a closet full of sewing equipment. I love gardening and cooking from scratch, canning food, etc. – more equipment required! We fix our own bicycles, car, etc. etc. – all of which requires us to store and maintain the equipment needed to do these things.
Not a show-stopper, but certainly no monk’s life. And as I said, it’s about finding the balance that works best for our household.
James October 18, 2012, 7:39 pm
No shame in sewing, I sewed my own blanket, sheets, and pillow case when headed to college. My kids still use that blanket, though I don’t think I told them I made it, I should do that.
I need to get back into more of my own DIY stuff, I’m ashamed to say I’ve been paying to have the oil changed on my car in the past few years, despite doing it myself for years before that.
Karawynn @ Pocketmint October 19, 2012, 5:15 pm
Definitely tell your kids about the sewing! We need more examples of men doing traditional ‘women’s work’.
I’m male and have been knitting since high school when I needed a sweater and found a little ol’ lady who had a yarn shop in her garage and would teach me to knit if I bought yarn from her. Even last year I knitted matching winter sweater, scarf, and hat. Knitting my own allows me to use special yarns not available in the china sweaters at Walmart.
Marcia October 18, 2012, 3:49 pm
Yes. I’ve been working on this with the six year old. He’s getting better at putting h is stuff away. But sometimes I feel I’m the only one who cares. I have higher standards I guess.
TomTX October 20, 2012, 11:25 am
The WAF* on decluttering has been low. Sure, she agrees in theory, but when we get to the nitty-gritty, there’s always a reason to keep 99% of the stuff.
Jaclyn November 7, 2012, 12:18 pm
I have this same issue. For me, I think it comes from growing up poor. We never threw anything out because we needed everything we had. Now, my brain is in a constant battle between “You have too much stuff!!” and “Hoard it all now in case you need it some day!!”
Mandy @MoneyMasterMom October 19, 2012, 6:51 am
Stuff sucks – we severely cut the number of toys our kids had because we got sick of cleaning them up at the end of the day – they help a little (4,2, and 10months) Cutting the # of toys probably gives us an extra 15 minutes a night to relax. It’s also great for piece of mind without the crazy clutter
Holly@ClubThrifty October 19, 2012, 9:37 am
Toys!!! Oh, how I hate toys!
My kids are 3 and 1 and I have a ton of toys. Like you, I try to go through them about once a month and get rid of some. I always tell people not to buy toys for Christmas and birthdays and put money in their 529’s instead but nobody listens! They just buy them more junky toys and I get stuck with them.
When they were babies, I would just give their toys away….but now that they are older I cannot get away with it. My 3 year old knows who got her what and I feel bad getting rid of stuff that she truly likes and plays with. I just try to get rid of the things that they dont play with and it keeps the toy clutter down.
Some of their toys have many pieces…like play food! It drives me crazy but they have so much fun playing store and cooking on their little play stove. I just have to ignore their toys and remember that they are kids and just want to have fun.
Mandy @MoneyMasterMom October 19, 2012, 12:19 pm
Holly, I share your pain, I’ve asked my mom to stop buying toys too. It’s even worse because she’ll buy 5 really cheap toys instead of one nice toy so they have more presents to open. If I was bolder I would bring a trash bag and put them in the trash infront of her to finally convince her I just don’t want more crap in my house. But I love her, so I smile, remind my kids to say thankyou, and cringe inside :(
Jamesqf October 19, 2012, 9:31 pm
“…she’ll buy 5 really cheap toys instead of one nice toy so they have more presents to open.”
Reminds me of my neighbors’ grandkids: divorced parents with new partners plus several sets of indulgent grandparents means the kids get presents up the wazoo. So they spent an hour or two opening everything, then ignored the toys and had fun playing with the boxes & wrapping paper.
Plastic Kiwi February 2, 2016, 8:30 pm
Oh Mandy I nearly split my sides laughing! I have the exact same problem with my 3yr old daughters Grandparents…so much TAT! When she was younger I’d just give it away but now she’s on the case. She even role-played with a dolly the mean Mummy that gives her stuff away because she doesn’t play with it anymore. Dolly was very sad…because even though she doesn’t play with it anymore it’s HERS and she might want to play with it tomorrow!!
I’ve decided, for now, to just keep everything and try to minimize in other ways (strict “no presents” rule for everybody else!) At her last birthday it worked a treat and we got lovely art from her peers instead!
Karawynn @ Pocketmint October 19, 2012, 5:21 pm
Holly, have you tried rotating the toys? Set a limit of, say, 8 or 10 toys to keep in their room at a time. All the other toys go into a box in the garage. Every three months, bring out the toy box on a Saturday and let the kids ‘trade out’ one for one. It’s almost like Christmas all over again.
Any item that doesn’t get chosen for more than a year, you can probably get rid of without a fuss.
Holly@ClubThrifty October 19, 2012, 8:01 pm
Yes! That is kind’ve what I do now. Certain toys disappear for a while then reappear when I get sick of the other toys.
They do have a play room, luckily, so I am not stuck with toys all over the rest of the house. I am very thankful for that!
Edward October 19, 2012, 9:51 am
Toys are different now–and much, larger!! I grew up in the 70s and by the time my 3 siblings and I hit our teens, (combined) we still didn’t have as many toys as my nieces and nephews do at the age of 4. Of course most toys sort of sucked back then–you’d get a puzzle from one person, a paint-by-numbers from someone else, one Hot Wheels car, and a Disney record on 45. All your presents stacked together could be carried at once.
victoria October 22, 2012, 8:02 am
The larger ones aren’t the ones that bug me — it’s the smaller ones. The Playmobils, etc., with a bunch of tiny parts. The kiddo gets a lot of enjoyment out of them — she and her friends can pretend with them for hours at a time — but they are the biggest pain to keep clean.
Jeff October 24, 2012, 1:41 pm
The best way I’ve heard it described is that too much stuff makes you the “curator to the museum of your life”.
Ishmael May 23, 2013, 4:09 am
You don’t own stuff… stuff owns you.
Rebecca October 18, 2012, 6:22 am
So, taking all this into consideration, how do you bill people for your time? I make bow ties, and typically add in $30 for the 1.5 hours it takes to put one together… (I make $10/hr. at my regular job). I may be undervaluing my time, but I’m not sure how many bow ties I would sell at $75 for time plus $15-$20 for materials. I know those high-end ties are out there, but I’m also making them in a spare room in my house with no name recognition or even sizing guides in the ties (troubles sourcing these, if anyone happens to know where to get them!). Obviously as my skill and product quality go up, so can my price (much like a carpenter or mason might work for years to become a true craftsman, and will then be sought out by people and able to charge a lot). But where do you start?
Loris February 26, 2014, 10:13 am
I’d love to know that too. I sew aprons out of printed cotton duck and charge $30 each. It takes about four hours to sew one. I know I’m getting horribly stiffed on both labor and materials, but I love to sew, and aprons are all anybody seems to want out of me – my embroidery, which is quite good, generates no interest. $30 is also the most anybody will pay, considering they can buy a flimsy Dwell apron on clearance at Target for $10. I’ve pretty much determined that I will never recoup my labor, and when sewing stops being fun, I can just quit for a while because it’s a hobby, not a job.
rjack October 18, 2012, 6:22 am
I love these higher level philosophical articles. This is destined to be another classic MMM.
“In the grand scheme of things, the way to get the maximum rate of pay for your time comes from a balance of factors.”
We all have to find the right balance of emotional, physical, and intellectual activities. If your job requires you to sit at a desk 8 hours per day, you should find regular money-saving activities that move your body. This will help you find the right overall balance that optimizes saving and quality of life.
gestalt162 October 18, 2012, 6:40 am
Totally agree. I am a software engineer, and it has amazed me that almost every software person I’ve ever worked with has some sort of major outdoorsy or creative side hobby. Some campers/hikers, gardeners (like myself), fishermen, and even a couple semi-pro musicians. It just goes to show that after using one side of your brain all day, the other side needs some work too.
Donovan October 18, 2012, 7:59 am
Same with the body. Personally, after sitting in front of a computer for 8 hours straight, I just feel absolutely no motivation to touch one when I get home! I’d much rather plant roses and punch things.
JJ October 18, 2012, 6:27 am
Forgive me for sounding dumb, but is Fully Rounded Badassity the same as a bubble butt?
JJ October 18, 2012, 6:35 am
Sorry – that would be Fully Rounded Assity.
Seriously, great article. Life is short and each year goes by quicker than the last. It’s scary how quick a decade can pass following the whole wake up / goto work / come home / have dinner / watch TV routine. That’s why it is so important to make the most of free time while working full time, and why it is so important to get out of having to work full time ASAP.
Carl Jensen October 18, 2012, 7:27 am
Yeah, really great point about life being too short. I work with people who are 70+ who made great income all of their lives but still have to work because they found crap to spend it all on.
When do you plan to the slopes? A-basin is open…
Kenneth October 18, 2012, 7:04 am
Even Mr. Money Mustache is not perfect! He bought an ultrabook! I intend absolutely no disrespect in noting this. We all make our own decisions and create our own lives. I, for one, will NEVER use a spray bottle to cool myself and my passengers on a hot summer day in my car with the air conditioner turned off, as MMM suggests. But this doesn’t mean I can’t learn and apply a whole lot of good stuff from this blog, which has the effect of lowering my expenses, increasing my income, shortening my time to financial independence, and staying physically fit also. It’s just that I’m not obsessive compulsive enough to feel I have to adapt everything written on the blog. Just the stuff I feel comfortable with, and that works for me and makes sense for me.
TLV October 18, 2012, 10:45 am
I think it’s rather impressive that MMM held off on the ultrabook for two years. I’ve been resisting a ~40″ flat screen TV that would replace a 19″ computer monitor and a 19″ tube TV for about a year and a half now – if I can make it past Black Friday I should be good for another year.
Whenever I start feeling like the screen at home is small compared to the dual 24″ monitors at work, I remind myself that I really don’t need to stare at screens at home after 8 hours of them at work.
Jamesqf October 18, 2012, 12:11 pm
“I, for one, will NEVER use a spray bottle to cool myself and my passengers on a hot summer day in my car…”
Even if you tried it, and found that it actually was more comfortable? I’ve always hated typical auto A/C, where (except on long trips) you sit in a hot car with a couple of jets of frigid air blowing on parts of your body.
jet October 18, 2012, 8:19 pm
that isn’t now the AC in my car feels! in 5 minutes it cools the whole car down, though I only use it if I have passengers (human or canine, the dogs really don’t tolerate heat as well as people do).
PawPrint October 18, 2012, 12:32 pm
A comment I agree with wholeheartedly. Love reading this blog. Feel the target audience is not my demographic, but I find I learn something every time I come to this site.
JZ October 18, 2012, 9:18 pm
MM is perhaps being hard on himself. There are a few things that I don’t mind getting – tools. If something will actually be used to enhance my ability to better myself and work, I see no problem with acquiring it.
This is why I have no problem paying for a bicycle, and why I have no problem with having paid a bit for the smartphone that I use to read books and email on while on the bus – also reducing my need to warehouse physical paper. If the ultrabook is actually being put to good use increasing MM’s productivity when he’s away from home, then it is helping him to earn value for his time.
Mobility theory actually sees no real difference between a computer, a phone, bicycle, or car at a fundamental level – you’re using them all to network and leverage your presence and ability to shuffle between tasks. And MM certainly hasn’t been shy about putting money up in front to get a reliable bicycle. he could walk – but the walking time is probably not as productive as what he was going to do when he got there, and if he had no trailer while walking, the productivity drops even more. Mostly you have to start being careful of this when the tools have upkeep costs – cars have high upkeep costs – or when the productivity is unclear – people like to think the car is saving them time, but the actual travel speed after lights and hunting for parking isn’t actually all that fast.
Romeo October 18, 2012, 7:18 am
Epic post. I use my time commuting to work listening to language learning audio recordings. I do the same thing when working out or doing work around the house. I’m currently paying myself $4 per sqft, instead of paying Lowes, to install my own ceramic tiles. I use my time to study for an HR certification while waiting for my son to finish football practice. I use my evenings away from work to type on my blog or work on an app that should be hitting the market soon. I’m now trying to acquire an investment property. I’ve written a pf book, “How We Prevent Wealth” and finished my MBA in the same time period. By the way, I’m a single dad.
Dillon October 18, 2012, 7:34 am
I won’t disagree with the first 5 points but for Hedonic Adaptation, I just have to respectfully disagree. I can see where the theory would work a good chunk of time but in many cases I think it is very feasible that buying something could give you more happiness. I think it is a combination of proper research and mental strength that goes into if buying things gives you any (or more) happiness. I’m not saying it is easy. I just don’t think it is a guarantee that the consumer adapts to this new level. That’s where the mental strength comes in. You just can’t take what you have for granted and of course that applies to many areas outside of “stuff” like friends, families, and spouses but I digress.
I still think my first generation Galaxy S (that I refuse to “trade-in”) smartphone is badass and I am constantly reminded how thankful I am for the technology (gps, doubles as my internet/cable, games, etc.). I mean I’ve adapted to use it and am familiar with the way it functions but it just amazes me how often I use it in ways that were not possible with dumb phones. I consider these dividends. As long as a consumer is still aware of these dividends and agrees that the purchase is still better than what life would be by not purchasing it (by any registerable degree), it is possible to be happier with a purchase. Of course I swing and miss all the time when buying things, I am just trying to say I don’t think the Hedonic Adaptation theory is all-encompassing to me as it is for others. YMMV.
This does remind me of a comedy bit by Louis CK where he discusses the first flight he was on when they had wifi and then it didn’t work and some guy was pissed about that and Louis CK was incredulous at this. I think I’m like Louis CK in this regard, I’m still amazed at many things while perhaps many consumers are like the other guy and adapt very quickly and therefore, don’t get as much utility as others out of new things. It is well worth youtubing ‘Louis CK flying’. Just have to keep grounded and realize how lucky we are to live when and where we do (on a global and history of man scale).
rjack October 18, 2012, 8:42 am
In Zen Buddhism, there is a vow that goes “Desires are inexhaustible; I vow to put an end to them.” I think this is what MMM is getting at in his Hedonic Adaption point. We tend to give in to our desires and then find out that having is not as satisfying as we thought it would be.
I think everyone can agree that some spending (for food, shelter, etc.) lead to happiness. However, there is a low-end shelter (tent, hut, cabin, RV), high-end shelter (mansion), and everything in-between. How much happiness a mansion will bring you over a small home is debatable.
In short, I think we all need to look at our true Happiness Return On Investement (HROI) before we buy and consume more.
Dillon October 18, 2012, 9:14 am
That’s a fair viewpoint. I know I have desires but I have a vague relative sense how much utility each one would provide on a per dollar or per time basis. Obviously the more you reduce informational asymmetries and the more you research a product, you can narrow in your scope (the variance) and have a better idea of the HROI as you call it and then make a decision to purchase or not. I’m saying you CAN give into your desires and you might be perfectly satisfied with what you bought or your expectations might even be exceeded by reality. It’s just when you do succumb to your desires, be an informed consumer and know what you are getting into and remind yourself what your life would be like had you not consumed that good. If you realize your life isn’t better, then yeah, you goofed in your calculation and that’s fine. Lesson learned and hope the next purchase…….be it an excellent tasting apple, a computer, whatever………you hope your HROI calculator is that much more refined and accurate and that you enjoy your dollar’s worth.
Like I said, I think the concept of hedonic adaptation may in fact exist a lot of the time when a consumer is looking to purchase something (and hopefully the consumer does NOT buy in that situation) but I don’t think it is as encompassing as the vibe I get from this blog thinks it is. That’s fine, just my two cents.
Philip October 18, 2012, 9:01 pm
I think at the end of the day we’re all looking for that in between balance. For instance, I’m a die-hard baseball fan. My team is the Atlanta Braves but unfortunately I live in Kansas. Now, I make enough money that I could probably go several times a year to games in Atlanta or on the road. My solution, which for me is MMM, was to purchase a nicer, larger flat screen when my previous tv died last Feb, and to suscribe to MLB.com. I now get to watch every single game the Braves play, on a large TV (to include instant replay), drink my own beer, eat my own food, for an entire season (6+ months) for what 1 game in person in Atlanta would have cost. And I can continue that for many yrs. That to me is an excellent return on HROI.
Erica / Northwest Edible Life October 18, 2012, 10:11 am
That airplane wi-fi thing was a seriously hilarious bit. I think of ethical side of what you are referring to as gratitude. I have some nice shit but I remain extremely grateful that I have it. That changes my relationship to it. You sound like you are still grateful for the capability of your phone, instead of resenting that it is no longer the most advanced (or whatever). Many people are so busy wanting the next thing that they lose their gratitude for the current thing. Big mistake, in my opinion.
Jamesqf October 18, 2012, 12:21 pm
Re Hedonic Adaptation, I think both you and MMM kind of miss a point. Yes, buying stuff can make you happy, but that increase in happiness is never permanent. It tapers off as you become used to the new thing. What you need to do is integrate (math here) the increase in happiness over the time that increase lasts, and divide by the cost.
If you happen to be one of the mainstream “retail therapy” addicts, that taper is pretty fast, lasting a day or two, or maybe just ’till you get the new stuff home, so your total happiness increment is near zero unless you keep repeating the therapy. If you apply a more considered approach, you can get something – say my near-silent laptop vs the vacuum-cleaner sound of the desktop it replaced – that goes on incrementing happiness for a long time.
Karawynn @ Pocketmint October 19, 2012, 5:40 pm
Dillon: Hedonic adaptation is characteristic of all humans; you don’t get to ‘opt out’. :)
That said, there are mindfulness practices that can reduce its effects. It sounds like you regularly remind yourself what life would be like without your Galaxy S, which is one of the best ways to counteract hedonic adaptation.
I *adore* that bit of Louis CK’s. “Everything is amazing and nobody’s happy.” I have it bookmarked — enjoy:
Jamesqf October 20, 2012, 11:58 am
“Hedonic adaptation is characteristic of all humans…”
Is it really? Or is it just a psychological theory that explains some things some of the time?
Certainly it doesn’t seem to apply to my life experiences. Suppose we rate happiness on a scale from 0 (utter depression) to 100 (ecstasy). So when I was living in an apartment in the city, my base level of happiness would have been averaging about 20 or so. Without changing anything else, I bought a house in the country. Happiness level jumps to say 40, then declines to a new base of 30. So yes, there is an adaptation effect, as the “new” wears off, but there’s also a permanent (well, 10+ years so far) change in the base happiness.
Same with many other life events (some purchases, some not). There’s the short-term rush/downer due to the change, and possibly also a long-term change to the base. The problem with most consumerist “retail therapy” is that it gives the rush, but no long-term change.
Indeed, I’d have to say that MMM’s whole philosophy implicitly refutes the HA theory as a complete explanation. We are supposed to become financially independent and retire earlier because that will make us happier than having to work. But according to HA, shouldn’t we expect to go back to our same working happiness level shortly after retirement?
David@SkepticFinance October 18, 2012, 7:35 am
I never thought of how much I’ll make per hour by refinancing my house.
Let’s see, I refinanced to move from 3.75% to 3.25%, which on my loan balance will save about $3500 over the 8 or so years left to pay it off. It probably took 4 hours of total work on my part from running around and filling out paperwork, so $3500 / 4hrs = $875/hr. Not too shabby :) Anyone know of a part time job making $875/hr?
B October 18, 2012, 9:32 am
You had no closing costs?
chad October 18, 2012, 12:01 pm
I just refinanced my old Wells Fargo loan with a new one taking me from 5.875% to 3.75% and there were no closing costs and no appraisal. I think I paid a couple of hundred dollars in notary and other processing fees. All said we are saving $350 a month.
James October 18, 2012, 7:42 pm
I did the same, went from 5.5% to 3.75% with Wells Fargo last January. Didn’t cost me a single dime, saving hundreds a month as well. Now if I could only sell the house itself I could save some real money… :)
David@SkepticFinance October 20, 2012, 11:19 am
That’s right, no closing costs. I literally paid zero out of pocket except the cost to drive to closing (sorry MMM, I didn’t bike this time). I used a mortgage broker and he offers no closing costs in exchange for a slightly higher rate. In my case I got 3.25% instead of 2.875%.
It may seem silly to do it that way, but this was I don’t hesitate to refinance when rates drop. I’ve knocked over 2% off my rate in the last 2 years with 3 refis, which saves me about 3k per year in interest.
Liz October 22, 2012, 11:20 am
How did you do that? What program?
CrucialDebtCrusher October 24, 2012, 7:55 pm
Does the mortgage broker negotiate the 0.375% as his own pay?
Phoebe October 18, 2012, 7:42 am
I just wanted to chime in to say that I love these kinds of posts. I worked and scraped and saved to pay off $65K of debt, and now have a small stache of around $250K but I’m getting bored and a little restless. I even start to think about “outsourcing” like all of my colleagues do to have a small team of people manage their lives (nanny, house cleaners, repair people, painters, lawn care, etc.). Luckily I haven’t fallen into this trap yet, and I’m so glad you wrote this article to highlight why it doesn’t make sense to have people perform your maintenance just so you can focus on earning. Thank you!
Jesse October 18, 2012, 7:52 am
One of your least-snarky posts to date — it was quite an enjoyable read. I don’t know what you have against pink bedrooms though.
Best Quotable:
“it is usually very profitable to leave your problems around to stare you in the face, than to sweep them under the rug with a broom made of Franklins.”
Jason October 18, 2012, 7:56 am
Two favorite blurbs from the article today:
“the way to earn the most from your time, is to consider the many ways you can extract value from each moment of your life.”
and
“If you un-velcro those Pampers from your brain…”
Tamara October 18, 2012, 8:04 am
We’ve already reached Financial Independence, and yet we still apply these principals to our lives. Even with Financial Independence, possibly even more so actually, there is a finite flow of money, and we don’t wish to waste any of it on stuff, or the said maintenance of stuff, that doesn’t return equivalent value.
We recently sold our triked-out motorcycle because we weren’t using it frequently enough to justify the considerable upkeep and maintenance it required – insurance, riding equipment upkeep, frequent oil and tire changes and the cost of usage – gas, hotels and restaurants.
We upgraded our trailer from a folding canvas trailer to a folding hard sided trailer, because that will (is) the focus of our retirement travel. Even still, we went with the simplest, least tricked out trailer we could find, because every single upgrade is simply another piece of stuff to maintain. Ironically, not a single one of our not-yet-financially-independent friends appears to get this. They all think we should have gone with something bigger and fancier, and are constantly giving us advice on what piece of equipment we simply must go out and buy next for our trailer.
In the meantime, we simply ignore, and continue to enjoy our time on the road.
RubeRad October 18, 2012, 8:09 am
“If you un-velcro those Pampers from your brain…”
Neal October 18, 2012, 8:10 am
Great read. Except you definitely should have used the more alliterative “broom made of Benjamin’s” IMHO :D
I do somewhat agree with Dillon that buying stuff can (in extreme and carefully considered moderation) occasionally lead to an increase in happiness. The smartphone example is an interesting one. I know many people perfectly happy not to own a smartphone, but on the other hand, I believe it is one of the most revolutionary pieces of technology since the personal computer.We are only just beginning to scratch the surface of the improvements that technology can bring to our lives (none of them having to do with texting!). Or if you don’t like that one, the computer itself (ultrabook or no), need not be a sacred cow. I’m sure you could live a happy, fulfilled life without one. But at the same time, I can rattle off a hundred ways in which owning a computer makes my life happier (at least indirectly).
Uncephalized October 18, 2012, 12:58 pm
Mr. Money Mustache October 18, 2012, 1:04 pm
You sound logical, Neal.. but you must go deeper!
We all love our luxuries and they do seem to make us happier.
But it is great practice to imagine yourself being able to be even happier WITHOUT those luxuries. Maybe you’re living with a tribe of great friends on a tropical island where it’s all fresh coconuts, fire-grilled fish and plenty of sex. Or maybe some other wholesome fantasy.
Part of this mental exercise involves reminding yourself that for everything you do on the computer, you give up time that could potentially be used to do something even more enriching.
Then you might go back and use your computer, and perhaps even enjoy it. But it is critical not to attach a desire for additional happiness, to a desire for more stuff. It takes time, but the connection continues to break over the years of practice.
Neal October 18, 2012, 7:28 pm
I can’t disagree. I suspect I subconsciously want to be talked down from believing that any material possession (of any kind) can possibly increase my happiness. Nevertheless, in matters of happiness (or health), I believe in personal experimentation. As someone who highly values knowledge and social interaction, I see many advantages to a number of technological devices that cost money. This very instant, I am having a stimulating conversation with people that live thousands of miles from me, with no special effort. How amazing is that???
And yet, how much money am I willing to spend on those devices at the expense of my own financial independence? Well, I suppose that is the key question, after all.
I guess my take-away here is that even if material things can occasionally increase my personal happiness, I should be mindful of free or inexpensive alternatives that might be equivalently effective. I imagine regularly confronting that possibility is +EV proposition over the long-haul. Besides, we could all do with a little more fire-grilled fish.
lurker October 18, 2012, 8:34 am
have come to the same hour a day of exercise needed for balance conclusion myself over the past year or so….so I get on my bike and haul ass and feel so much better for it.
I call it the Sacred Hour of Power.
Oops may have shared too much there but I feel like we are all friends here, right?
Party on.
BonzoGal October 18, 2012, 11:02 am
“Sacred Hour of Power” FTW.
Mex October 18, 2012, 9:16 am
Really great
your posts are always inspiring…………
by the way i’m a reader from Nigeria and a lot of your stuff applies here too.
redagain October 18, 2012, 9:27 am
My maid is the least mustachian expense in my life, but it also eliminated the recurring marital strife of a chore chart and uneven household duties which, as statistics bear out, fall on women.
I pay my maid $70/week, and that’s for a solid 5 hours of work I do not want to do, and at this point I am not sure I could function without her.
I’ve often looked at that maid section in my budget and thought it was ripe for a mustache trim, but just can’t do it.
Mr. Money Mustache October 18, 2012, 12:23 pm
In my house, the household chores fall a bit on the man side, just because I happen to have a lower tolerance for chaos than Mrs. MM. Cleaning this place up is good for the soul. But five hours a week? Maybe you’re keeping it TOO clean!
Gypsy Queen October 18, 2012, 2:10 pm
Rules of my house: whoever gets annoyed first by the mess – cleans it up.
Naturally, since my “mess tolerance” is much lower than his, I clean more. But it also gives me the priviledge of asking him to clean when I’m too busy, or too tired. (Also, keeping a small, unclattered 1 bedroom house clean is very easy :-))
But the main reason that we don’t have a maid is simply that we don’t trust anyone which isn’t family around our home and shelter, moving stuff from one place to who knows where (she doesn’t have to steal, it’s enough that her version of “the right place” is different than mine to make things lost). Well – that, and the satisfaction of looking at a tidy home after a “cleaning tornado”…
Emmers October 26, 2012, 9:37 am
Do you think your mess tolerance being lower than his is something that is *completely* unique to each of you? Or do you think there might be something deeper at work?
I agree firmly with redagain, and I say this as the messy one of my couple.
JaneMD October 18, 2012, 2:19 pm
I think redagain has a point. Everyone has a few things that are too burdensome/time consuming things in their lives that it is worth more to outsource. For $100/month, our housekeeper saved our marriage when I was working over 80h/week as a medical resident and hubby was in law school. We also have a $40/month cleaning bill because there is NO way on earth I am pressing all 25 dress shirts to make them look professional in the law office. My attempts to cut his and my own hair were also total failures – though I am able to highlight my own hair.
I personally consider some of the services things I pay for as ‘rent.’ I get the benefits a a huge extra room, swimming pool, equipment, cable, and free babysitting at my local gym for $88/month where I attend 4x/week. It also qualifies for our date night as we play jeopardy against each other on the elliptical trainer.
For me, the key is moderation – do you find yourself paying a housekeeper, a laundress, a caterer, hairdresser, manicurist, room designer, and storage facility for your extra stuff?
Marcia October 18, 2012, 3:59 pm
I know what you mean. We pay a cleaner $75 every two weeks. It is SO not mustachian. I know this. Hey, I canceled cable, right? I can see sometime in the future when I’m not nursing and pumping and washing bottles and pump parts when ill be ready to give that up.
But for now, most of my free time is Internet time, usually while nursing a baby. Haven’t figured out how to do that and clean. If I had a few extra hours, I’d use them to sleep.
Geek October 19, 2012, 11:10 pm
If someone introduced a “you get annoyed, you clean it up” rule at my house, someone would find himself sleeping alone, out in the car, and looking to rent an apartment. It sounds like your significant others new your tolerance, and made up the rules to suit themselves.
Regardless of the unequal division of labor in your households, I suspect your houses are too big and you have too much stuff. Hell, my house is too big and I have too much stuff. Cleaning it is less than fun (but I like mowing the little lawn and maintaining our few plants outside).
Just own it.
7Years October 21, 2012, 7:03 pm
If you wear dress shirts every day, buy only non-iron dress shirts. Brooks Brothers, Jos A Bank, LL Bean etc. (My favorites are BB and Jos A Bank traveler shirts.)
You will never use an iron again. I promise. And, even though the purchase price is high, I’ve had BB shirts last me for about 5 years with weekly washes.
Just throw them in the washer at home, put them in the dryer, take them out and hang them up. Good to go.
Shop the sales too.
Rob Madrid October 19, 2012, 7:44 am
Well my wife threatened that if I didn’t learn to clean better I was going to be sent back to work to pay for a cleaning lady.
At this point I’m still undecided what I like lessor:)
Hanne van Essen October 19, 2012, 11:36 am
Reading this blog was the main reason for us to start cleaning our house ourselves, instead of hiring a cleaninglady. This was about half a year ago. Since it has not been always nice or easy to clean the house ourselves. But we got used to it, and also makes me feel like I own the house I live in more. Plus we are doing it as a family together (me, my husband and three kids) every saturday morning, which also makes a good lesson for the kids, and is sometimes even fun.
redagain October 20, 2012, 7:41 am
Maybe. We both make quite a bit more per hour, and my husband works really long hours and “can’t” do chores and “shouldn’t” because he didn’t make the mess, I did with all my grocery shopping and cooking. I try to prioritize time with my kid, and I do not want to mop floors or vacuum or do dishes or change sheets. If you can do those things in two hours, I’d like whatever you are on.
We have a savings rate of 60%, which is almost mustachian, for my husband’s uncertain job. But I fear that if my husband were laid off, we’d still have this same chore issue. So, if anyone knows how to make men do chores, I’d love to hear it.
Emmers October 26, 2012, 9:42 am
Sweet jesus — you “made the mess” with grocery shopping and cooking, and he “shouldn’t” have to clean it up? Holy skewed priorities and balance, Batman!
There’s really no way to “make men do chores” – the trick is to marry a man who believes in a fair distribution of labor, and actually puts that belief into practice. (In our house, he cooks, I launder; he rakes, I mow; we both vacuum; and dusting and ironing are not spoken of, because there’s nothing to dust and nothing to iron.)
I think that, given how you describe your family, the maid service is the best solution — divorce is *way* more expensive (and thus un-Mustachian) than a cleaning service. (Only partly tongue in cheek.)
Best to you.
Indigo Clean August 31, 2015, 2:38 pm
I’ve been following MMM for a couple of years and funnily enough I actually run a cleaning service in Warwickshire (UK) as part of my path to FIRE. You’d be surprised at the huge range of customers we get. From the but “my family needs it” un-mustachians who book our cleaners despite complaining on FB about how little they earn to the wealthy, retired owners who just don’t see the value in cleaning their homes themselves.
Luckily I find cleaning quite Zen so I’m happy to do it myself :)
James October 18, 2012, 7:46 pm
Wow, 5 hours per week? What is she doing with all that time? We spend a couple hours every saturday cleaning up our house, the rest is just hit or miss stuff during the week. I agree about the “too clean” idea.
Philip October 18, 2012, 9:11 pm
I have to wonder what all the cleaning entails. If it includes laundry, dishes, dusting, general pick up, vacuuming, ect., I can see where an hr a day is appropriate. For two hrs a day you must live in a SMALL place without children, lol.
Geek October 19, 2012, 11:12 pm
Maybe 30 minutes a day average. Including occasional vaccuums, tub cleaning, toilet cleaning, and everyday kitchen+pickup. And our place is maybe a little too clean, since we’re really picky.
Shay October 19, 2012, 9:19 pm
I also wonder where you find a housekeeper for $14/hour!
victoria October 22, 2012, 9:38 am
My standards are probably wonky (I grew up in a house where my mom spent about 30 hours a week on cleaning tasks, including everyday kitchen cleanup and laundry, and to this day could run a bed and breakfast in her house without changing her routines one iota) but I can’t imagine getting my house clean in five hours a week.
To keep the laundry done and put away, keep up with the usual kids’ stuff (even when she helps clean it up), clean up the kitchen and dining room after dinner everyday, and then do bathrooms, vacuuming, mopping, etc., is in the ballpark of 15 hours a week for us, and I don’t even think the place looks great at the end of that time, not the way a professional could get it.
And I have to say, I absolutely hate it. Hate it, hate it, HATE it. I know people who find it relaxing and all, but I don’t. We don’t hire it out now, since it wouldn’t be a good move financially and we do have time to do it. But having had a cleaning service before (when I was on bedrest during my pregnancy) and knowing just how nice it is, that is something I would absolutely love to have again.
George October 18, 2012, 9:27 am
Another thing about DIY projects is that they actually are a form of entertainment, although it may not seem so beforehand. Its entertainment that pays you by not having to pay someone else to do it.
When you are in a project, and designing or improving something, its problem solving, its making the world around you more optimized for your goals or lifestyle. Its your will against physics and reality. When I spend 2 weeks building my own fence, its actually exciting to so the progress as you are working on it. If I am spending my time doing this, I am not spending money, i.e. going to a store or movie for entertainment. Also when seeing that nice finished product, I get a sense of satisfaction that cannot be bought.
Also, for some reason painting is also a great form of stress relief. While, you are sitting there with a small brush in a quiet room doing the edge work, you think about life and you tend reflect on your life.
Liz T October 18, 2012, 9:52 am
There is an unspoken assumption that we all define happiness the same way, and sometimes it’s confused with pleasure. I see pleasure as a transitory emotion, a reaction to stimuli received via the senses. Happiness is a deeper emotion, a state of mind, not necessarily dependent on external stimuli, but it can be affected by it.
Purchased objects can cause pleasure, which may or may not permanently affect happiness. If happiness is seriously affected by the acquisition of objects and the momentary jolts of pleasure that provides, then something deeper is missing.
To me, that’s the heart of Mustachianism: Removing, or at least minimizing, that dependence on purchased objects for happiness, and the infrastructure required to generate the money that dependence requires.
Too much hard thinking… I need a nap.
Neal October 18, 2012, 10:10 am
Excellent way of putting it and a point well taken. And yet, here we all are posting responses from our personal computers, tablets, or smartphones (much props if anyone is actually at a library reading this!). Are we sacrificing happiness for the short term pleasure of having this conversation? While any attempt to tie happiness to stuff is inherently subjective, I would posit that any “thing” that increases my ability to expand my mind and/or connect with fellow human beings is a “thing” that increases my overall sense of happiness, and thus is a “thing” worth spending money on. This feeling presumes, of course, that I am not going into debt to purchase this “thing.”
Liz T October 18, 2012, 11:22 am
I consider my electronic toys to be tools, and while my happiness isn’t dependent on them, I appreciate that I have them available (and can afford them!) When the aliens come and set off the EMP bomb and all our electronics are useless, it will take me awhile to get used to not having them, but I’d like to believe my overall happiness isn’t dependent on them. Or so I tell myself. ;) Not saying I’ll ever reach that ideal of happiness independent of objects, but I’m working on it.
Neal October 18, 2012, 11:46 am
For sure. I didn’t mean to imply that happiness is dependent on choosing the best things to purchase, nor that a post EMP world would be devoid of happiness (they can take our lives, but they better not take our iphones!). However, a major component of my own happiness is having continual learning opportunities, especially when they help me connect with others and increase my understanding of the human condition (as much as is possible). Thus while there are many fine individuals within walking/biking distance of my home, technology (specifically, information transmission/communications technology) provides opportunities to expand my world in a way that would be impossible post alien invasion.
Does that mean I will reach higher levels of happiness today than I would have a thousand years ago? Perhaps that’s an impossible question. The key there, I think, is that a thousand years ago, I would not have been aware of what I was missing. You can’t miss what doesn’t exist. Today, knowing that I can interact with people from around the world at the click of a mouse button, I don’t think I could be as happy if I intentionally deprived myself of that opportunity. Not because I like the “stuff” but because I like the social interactions that the stuff facilitates.
Alternatively, post EMP, the opportunity would be gone, and there is no use crying over spilled milk. I think I would be able to get over it in that case. That’s how I reconcile it, anyway.
Many people look at gadgets as toys or means to increase productiveness. I see the true power of them as being their ability to help build communities and transmit knowledge with unprecedented speed and on an unprecedented scale. Acknowledging that gadget-lust is an ever-present danger, I still feel OK holding onto that small vestige of materialism.
Jamesqf October 18, 2012, 12:29 pm
It works both ways. I too would, post-EMP, miss computers and what they make possible, but by the same token, in today’s world I miss having the opportunity to take the horse and a bow, and head out to Green River.
Philip October 18, 2012, 9:15 pm
And that may be the crux of the matter: you choose to look at electronic devices as tools. Some look at them as toys, others as necessities. It’s how one chooses to look at them. It also has to do with what level a tool is. I’m typing on a 7 yr old Dell desktop. It does all I need it do (I admit to having upgrades various parts) because I realize the latest and greatest is generally more than I need. Same applies to transportation. My 10yr old truck gets me from point A to B just as efficiently as a Porsche. A vehicle is simply a tool.
JZ October 18, 2012, 9:29 pm
Yeah, I use a 7yo computer at work. Stuck Bodhi Linux on it for free and it runs faster than a lot of the new computers. I just need the tool, it doesn’t need to be the shiniest and flashiest. Nonetheless, needing the tool leads me to occasionally get newer technologies as they prove their worthiness.
Rob Madrid October 19, 2012, 7:48 am
“My 10yr old truck gets me from point A to B just as efficiently as a Porsche.”
But how well does it go to the garage?
this is the number one reason why I traded my 10 year old car in for a almost new one. Do I sink a ton of money into repairs and still have an old car or do I buy a new car which needs no repairs (oddly the insurance wasn’t much more)
BTW the 20% extra fuel mileage helps too.
Mr. Money Mustache October 19, 2012, 9:03 am
News flash: 10 years is a NEW car. My also-new construction minivan is turning 14 this year. I’ve never had to bring any vehicle I have owned to a mechanic since early 2000. It’s almost always far less costly to keep an old car on the road, than to buy a new one out of fear of repairs. The exception is if fuel efficiency is bad in your “old” car. But the solution to that is selling it, and buying another one of similar age with great fuel efficiency. And most importantly, driving less since maintenance costs rack up by the mile, rather than by the month.
Ryan October 19, 2012, 11:55 am
I believe mythbusters did an episode on this. Their conclusion was that until the frame is too rusted to continue bolting new parts to it, it’s cheaper to fix old cars than to buy new. I’m sure this depends on if/how much you pay for labor.
Rob October 20, 2012, 10:47 am
MMM thanks for commenting but That might be true if you bought the car (nearly) new and it ran problem free for man years, but in my experience my friends who did the old clunker thingy ended broke with cars that didn’t run well.
On the point of driving less that is something the Wife and I are discussing in our pending move. With a bit of luck we’ll be able to reduce our driving by 3/4 or more, which as you said will save more money than anything
Jamesqf October 21, 2012, 10:52 am
“My also-new construction minivan is turning 14 this year.”
And it’s a youngster. My still-going-strong Toyota pickup will be 25 next year (or maybe is now, if you consider the way automakers introduce year X models about halfway through the previous year). Only repairs in the maybe 5 years I’ve owned it have been things like wiper blades, battery, and tires.
ComplainyPants October 18, 2012, 9:56 am
I don’t disagree with your logic or reasoning… but I’m going to be a bit of a complainy-pants for a second. The questions and complaints you cited resonate with me because I work 55-60 hours/week, with a total one hour commute/day. The commute is a combination of walking and train. I could bike, but biking eight-miles-each-way would take longer than my current 30 minutes. My day is basically: get up at 5:00am to grab about an hour of exercise, be out the door by 6:30. Get home just shy of 7:00pm: dinner, followed by minimal time playing with and putting to bed my ~2 year old. By then it’s 8:45ish, giving me roughly 45 minutes with my wife before I need to be asleep (in order to get 7.5 hours of rest).
As we all know, there’s two variables to early-FI: reduced spending and increased earning. I keep these hours for the latter. I’ve calculated my real/actual wage to be about $140/hour, erring on the low side if anything. And that’s using “Your Money or Your Life” accounting, i.e. including my commute time, subtracting all work-related expenses and taxes, etc. My wife is a SAHM.
Our annual expenses run about $80k/year. That’s not as bad as MMM’s former “middle class” colleagues, but still a far-cry from “kick ass”. Yet, even at that spend level, we save well over 75% of our take-home pay. About 1/3 of that annual outlay is for rent (and once the ‘stache is big enough, we intend to buy our home outright in a much-lower-cost-of-living area). Still, we acknowledge that there are some indulgences in there, generally in the form of time-saving convenience. I would love to do all the hands-on maintenance you talk about. But what little time I have away from work, I feel I owe to my family.
Please don’t get me wrong, I love the MMM blog. The rub for me is, I’m at the poverty level with regards to *time*. So many frugality concepts (not just here, in general) revolve around using your time instead of money. But money is really just a proxy for time, right? Until FI, money represents some time you gave up for someone else’s ambition.
Particularly with regards to the DIY maintenance and repair ethic of FIRE: I fully agree, the value of learning these skills is really beyond calculation. But at least for me, I feel like I need to wait until I’m not working so much to develop these skills. If I already had a lot of the requisite knowledge and experience—yes, it would be a no-brainer to DIY. But there is an upfront “tuition” cost to learning these things. I’m the kind of guy who generally has to do something wrong before I can do it right. I don’t feel like I can afford the time commitment right now. I’d feel guilty taking time away from my family, when I could pay someone for these things, and *still* save 75% of my pay.
Do I get a break or just a face-punch? :)
Mr. Money Mustache October 18, 2012, 12:31 pm
Hey Complainypants. I think you are off to a reasonable start because your savings rate is good. But why not go further? An 8 mile bike ride takes me about 24 minutes. Even a beginner wouldn’t take much more than 30-40 mins, and you get the aerobic portion of your exercise for free, which gives you back an hour. That sounds like a profit to me.
Later, you can take a look at your weekends and make sure they are coming out the way you want them to. And perhaps even find a way to want less than $80k/year of consumption. But you’re right – in the upper echelons of earning, the math gets a little funny. It’s a good situation to be in, as long as the spending doesn’t tag along for the ride.
ComplainyPants October 18, 2012, 3:45 pm
By the way: are you diverging from the “Your Money or Your Life” suggestion to use your “true” wage to determine when to outsource versus DIY? That is: in my example, according to my true wage, my time is worth $140/hour. So when looking at DIY versus outsourcing, if outsourcing is less than $140/hour, I should outsource, as that would be a more efficient use of my time.
Of course the problem with the YMOYL analysis is that DIY “pays” more than just the cost avoidance. You’re also learning, gaining knowledge and experience. As I suggested above, it pays in the form of tuition. Perhaps another way to look at it: liken DIY work to an internship or co-op where you may or may not get paid, but the real value is the resume-enhancement.
On the other hand, built into the rate a professional charges you is not just his time, but also his knowledge and experience (and even his overhead). The handyman that has a 10-year history of doing quality work for many customers can charge more than the guy who’s just starting out, even if they can both do the same job. So maybe a fair way to determine outsource vs DIY is to look at the *highest* possible outsourcing cost. Even if that’s not what you’d actually pay, you can use that as a proxy for what your own time is worth. And from there, you compare that cost to your real wage.
To circle back around to my original comment. With regards to the bike commute: to be fair, I’ve never attempted it. But Google thinks it would take 50 minutes. I posted to a bike forum where people are familiar with this commute, and they agreed, at least 40 minutes. (For fellow Chicagoans: from roughly 4000 North on Milwaukee Ave to the west loop. Lots of stop signs and lights.) Not to mention, my train pass is $85/month, which works out to just over $1k saved/year—a negligible difference in my savings rate (note that it would cost $400/month in parking alone if I were to drive)… and I glossed over my workout details a bit, I actually sleep in twice a week, because I do pure strength-training, which I wouldn’t want to give up just because I started biking. Also, safety… I agree that bikes are probably statistically safer than cars, but how about compared to commuter trains? :)
Philip October 18, 2012, 9:21 pm
Your train of thought makes good sense. Time vs money. There are many things I’ve paid others to do in recent times because I either don’t have the time or expertise. In 8 months I’ll retire after 28 yrs in the Army and I’ll have the time and opportunity to gain the expertise. That’s when the trade off will occur for me.
First time I rode my bike to work, I did 10 miles in 50 minutes and I am EXTREMELY lazy and a HUGE cardio complainypants. Also, I second MMM on doing great at saving 75% of your income. But I have to say 80k in expenses seems like a lot and I live in one of the most expensive regions in the U.S. Again, great job, but if you could do even better, the faster you’ll get to FI and the more time you’ll have with your family.
Marcia October 18, 2012, 4:05 pm
That’s how I looked at it. My 10 mile ride, when I was doing it, took me 45 to 50 mins. 41 if I was really hauling ass and got the lights right. I would bike to work, hubby would drive, and I’d drive home and he’d bike.
So. My commute this way was 46 min in the morning and 13 mins in the evening. 60 mins of commuting and 46 min of exercise and meditation really.
If I do the gym and drive thing, I would drive to and from the gym, 15 min total, and work out for 40 min. The total there would be 55 min for the gym, plus 26 min for the commute, or 1 hr and 20 mins of my time used for only 40 min of workout.
JZ October 18, 2012, 9:48 pm
There is an issue with the money/time thing, with that being that when peoples time gets short, they often start substituting money for time. But they often layer a lot of such things together at the same time, and it is the entire stack that you have to take into consideration, not just one thing at a time. It isn’t just “I’ll hire a maid”, it’s “I’ll hire a maid, order pizza, get an extra car, buy bottled water to drink on the way, and..” and they’re all stacking up at the same time. At a certain point, it can reach an extreme for a lot of people where they could earn more money by cutting their work hours back.
Red October 20, 2012, 4:17 pm
Umm… you get 45 minutes / day with your wife? Does that go with YMOYL thinking if you’re in a satisfying happy marriage? :|
Erica / Northwest Edible Life October 18, 2012, 10:15 am
I suggest cloth diapers for around your brain instead of Pampers. Less cost down the road and better environmentally too.
Today’s post over on my site is an exercise and chart to help people work through why they really want what they *think* they want, as these things are often not the same. Most MMMers are already doing this, I imagine, but I find that getting all psycho-analysis on what is driving me to want something is a pretty effective way to curtail needless spending and prioritize things like time and family.
Dancedancekj October 18, 2012, 11:09 am
Erica, I just wanted to say that I really like your exercise/chart! I think it is definitely a good way to be mindful about your wants/purchases. I’ve modified it slightly to add a column for “Alternatives/Substitutes” to help me decide whether or not the given “want” is a good way of achieving the goals or feelings I’ve stated.
Erica / Northwest Edible Life October 18, 2012, 2:16 pm
Thanks so much and I love your modification – great idea!
totoro October 18, 2012, 10:23 am
I really like this article. Self-improvement does pay off imo – waay underrated too. There is some stiff upper lip rationale in our society that promotes the idea that you supposed to keep perservering and working hard even if you are unhappy. Alignment of goals with self sometimes gets lost which costs a lot in stress-related illnesses.
If you don’t like maintaining you shouldn’t own it? I don’t agree. If you don’t like maintaining figure out a way to have it paid for by the asset or a way to increase your motivation to maintain. Rental properties fulfil this for me. I also dislike car maintenance and don’t want to do it. My work pays mileage for this purpose. Much rather pay someone to do this and get reimbursed than master that skill. I have other skills that I’d like to work on like cooking and home design.
That said, we have gotten real joy from decluttering and having less. We are becoming more and more ruthless with possessions. Possessions do take your time to manage. I’d rather have the time than 90% of the possessions.
Hedonic adaptation, yes, it exists I agree for many things, but I do get a lot of joy from a few possessions. I love owning a place to entertain, carry out family life, to improve, and to rent out and gain income from. Things that pay for themselves and appreciate make sense to me. My vacation home does this for me and I really enjoy making it a nice place to be. It does bring me joy. I feel a boost when we are there and that has not changed in four years. Simple aquisition would not do it for me though, it is the whole system of use and motivation for improvement and the fact that it pays for itself that makes it satisfying.
I think you nailed it in the last paragraph, “the way to earn the most from your time, is to consider the many ways you can extract value from each moment of your life”.
att0m October 18, 2012, 10:42 am
An added plus … when you doing a practical job like painting you can’t be out at the mall buying useless garbage!
John October 18, 2012, 11:08 am
I understand that tasks like tiling floors, painting, basic wood working are jobs that you have ability to do yourself and should, but what other items are worth outsourcing? I would think that tasks that include a certain level of danger (ie cutting down large trees close to homes). At what point does specialization matter? In other words I don’t think anyone on this board advocates performing minor surgery on themselves to remove cysts or defending themselves in court?
Mr. Money Mustache October 18, 2012, 12:39 pm
Yeah, there are surely some tasks that are still worth outsourcing. But over time, I really enjoy making that list shrink. For example, I do enjoy my own tree trimming and I’d love to learn how to put a good set of stitches into a wound too. Car and computer maintenance are very rewarding too. On the other hand, I do outsource my electricity and gas production, most farming, and any real medical stuff. Plus obviously any manufactured things I buy.
I think the key is just having a positive attitude towards things. You should never say “I hate doing this chore”, or “I can’t do that”. Those sentiments are just byproducts of not being good enough at something.. yet. And they tend to be self-fulfilling.
Erica / Northwest Edible Life October 18, 2012, 2:30 pm
So really it’s a just a question of the values/interest/money/time intersection, isn’t it? I, for example, am “insourcing” quite a bit of my “farming” and would happily take on backyard honey or meat production simply for the challenge of it but have very little interest in learning how to properly sand and refinish a hardwood floor or cut down a big tree. This doesn’t stop me from enjoying our hardwood floors or cursing the neighbors messy and diseased tree. Limited hours + unlimited possible skills to take on = necessary prioritization.
Jamesqf October 18, 2012, 3:55 pm
One way (not the only one, of course) to decide what to outsource is the investment in tools & equipment. You might not want to cut down your own tree if you e.g. have to buy a chainsaw that costs as much or more as the outsourcing, and which you won’t use again until the next tree needs cutting, years later. (By which time the gas you left in it has gummed up the carburetor so it won’t run anyway…)
James October 18, 2012, 7:49 pm
If I make it down to your area in the next year as I hope, I’d love to trade some suture lessons for a bottle of your home made beer… :) I’ll provide the suture and even throw in a few packages of dermabond on the side…
plam October 18, 2012, 9:38 pm
Ha. While I was getting 15 stitches (snow picket!) I asked the ER doc about stitching oneself up. He said that it usually ended poorly. Alcohol consumption was usually a contributing factor.
JaneMD October 20, 2012, 9:23 pm
I’m a doctor and I won’t stitch myself up. Or any of my children. Or my husband. Or anyone outside of the ER. Depending on the injury, site, and the length of time since injury, it may or may not be safe to stitch the wound anyway. It probably would take alot more financial investment than one believes to do your own stitches. I mean, we numb you for a reason . . .
I do advocate asking doctors why certain tests are being done and what alternatives there are to doing them now, later, or not at all. For example, during my last pregnancy, I failed the 1 hour diabetes screen. My insurance told me I had to spend a whole day at some 1 hour away lab to do a 3 hour screen. I talked with my OB about why I didn’t want to do that. Instead, she drew a hemoglobin A1C and I performed my own 3 hour glucose test with my own glucometer at home. (Passed!) I went on a low carb diet and dutifully recorded my sugars when asked, but we both knew I didn’t have diabetes.
Joy October 18, 2012, 1:35 pm
Years ago we had some large pine trees we wanted cut down.
They were in the front yard.
We outsourced. They cut a tree down and, it fell on our house.
True story.
Fortunately it only hit the fireplace, no one was hurt. It was a great
time in the neighborhood as everyone wanted to come over and,
Emmers October 26, 2012, 9:50 am
I think there’s a reason “licensed, bonded, and insured” are the bywords in the home-contracting industry…
Bob October 18, 2012, 11:38 am
“But trading too much of your time for money will decrease the value of your money itself…” Reading this sentence, I had an interesting thought: at present, the money I’m earning through my employment, beyond the amount I spend on living expenses, has very little value to me. This is because the things I could currently trade it for (big TV, new car, fancy electronics…) are not particularly appealing. But what little value it has to me now is offset by the enormous value I expect it to have in the future, as my little employees throw off enough income to pay for my living expenses. I will be buying the free time to do whatever I want, which is incredibly valuable.
Mr. Money Mustache October 18, 2012, 4:13 pm
Definitely, Bob! I have spent over a million dollars (of foregone income) on freedom so far, and it has been worth every penny! And yet, retirement has just begun – seven years down, 70+ to go :-)
Van October 18, 2012, 11:51 am
I think that taking hedonic adaptatiion to the extreme is a perfect justification of the principle. I would argue that the majority of monks are happier with their life than those of us who struggle with our desires for material wealth and freedom. I would agree with the ladies above that much of that has to do with their gratitude towards that which we have been given.
Dillon October 18, 2012, 12:21 pm
I don’t fully understand the use of monks as an extreme. That could be because I don’t know any monks. Are monks happier in general compared to non-monks? I have no idea and don’t know of any studies. Not saying they don’t exist but I have heard of studies that show not being in social isolation and creating kinship/social networks and having a significant other/family/kids can be quite healthy for the mind. I don’t know, maybe monk life just isn’t for me. If an individual has such a vicious struggle with the desire for material wealth and freedom, then maybe the stereotype that I think is being referenced is a legitimate escape for that troubled person. However, this is 2012 and I live a modern country where I have great autonomy. It would take some drastic self-control issues to appear in my life for me to even start to wonder about the life of a monk and how that would be preferable to my own.
I take it back, I have never met him but I guess I know of the Dalai Lama. He does seem to be pretty happy but then again, he is viewed as a god. I guess if I could be a monk and know that people would think I was the nth incarnation of Buddha or whatever it is, I might consider it. I sure do like having sex though…….
ImaFrank October 18, 2012, 12:07 pm
I am going to quit reading these comments and get off my ass and measure out my cabinets to prep for us routering out our new ikea countertops for the stovetop and sink. I tend to want to read everyone’s input but this post motivated me to quit now – go do something else.
hands2work October 18, 2012, 12:39 pm
I am embarrassed to admit here that I do have a 16 mile car commute. I won’t make excuses, I’m just not as badass as some of you. It is a 16 year old car that has a manual transmission, is very good on gas and reliable. (’96 mazda protege). However I am proud to say I don’t waste one little bit of the time I am on the road. I listen to recorded books, usually non-fiction/biography that I get from the library AND I crochet at the stop lights and traffic jams. Over the years I have made hundreds of baby afghans that I give as gifts and sell for $50 a piece. I can finish one afghan a week. My friends laugh at me but I have the last laugh because I am quite sure I have the most relaxed and enjoyable commutes in the Washington, DC area!!!
Marcia October 18, 2012, 4:08 pm
I was about to wonder how you crocheted at traffic jams, then I saw you live in DC. I used to rent in crystal city. Had a mile walk to work.
Rob Madrid October 19, 2012, 11:46 am
@ hands2work
what about repairs? I had to get rid of my 10 year old Mazda Diesel at 145,000 k (180,000 miles) due to over heating problems.
CrucialDebtCrusher October 24, 2012, 7:39 pm
Are you able to ride a bike? If you can, you may think it’s hard in concept but you can work up to it.
Metro buses have racks on the front, you can slowly increase the distance you ride to work for a buck and change versus the cost of wear on your car, plus $3.50-$4.15 gas, plus $7-$20 parking D.C. will drain you of daily.
If you take a bike trail, the entire time you get to look at scenery and get exercise in peace away from the frustration of traffic. You get to see those overpasses on 66 and 495 from a blissful bird’s eye view. You get home earlier, you’ve exercised, and you’ve saved $10-$23 in gas and parking (God forbid you get a ticket for parking in a zone for too long!) plus the .50/mile wear and tear at $15/day. $25-$38 per day, $125-$190 per week you could have in your pocket.
Cynthia October 18, 2012, 1:30 pm
I am interested on your thoughts on bartering?
What if I want someone else to paint my bedroom in return for helping them with another project.
Have I found the perfect solution to avoiding the task I don’t like or, am I missing something entirely?
totoro October 18, 2012, 2:15 pm
How do you go about organizing a bartering system? How would you find people with services to trade? I like the idea.
JZ October 18, 2012, 9:54 pm
Well, first you have to get out and talk to people around you. This is harder now than it was way back in the day, though not impossible: the other people around you tend to jump in their car and go zooming off, and not want to talk to people because they’re expecting to move to a better paying job soon anyways.
MsSindy October 21, 2012, 1:14 pm
@totoro – For bartering, look up Time Banks. We have one in our community and it is a great way to exchange volunteer time. For example, if you helped another member by helping them to paint their fence, sort through their closet of junk, move, or whatever, you record the amount of hours and put them in your ‘bank’. Then, when you need someone to dog sit, drive you to the airport, or teach you Spanish, you put a request out there and someone volunteers their time. The more active you are, the more you build trust and community.
There are a limited number of special cases that don’t need to contribute hours such as older people or those who are ill, they get to make ‘withdrawls’ with no deposits.
Even if you don’t think you have any skills, they always need people to help set up for fundraisers or just general labor skills. There’s often requests to borrow things, too – like floor jacks to change tires. It’s really a great concept.
Gypsy Queen October 18, 2012, 2:24 pm
What your’e missing is the feeling of achievement – the “I can do whatever I want, need or must” potent, self reliant feeling.
My method – do it (and do it well) at least once – just to prove that you can. Afterward, if you really don’t like it – outsorce, barter, whatever. Youv’e earned the right.
Philip October 18, 2012, 9:32 pm
The problem with that train of thought is there are some out there (myself included) that might not get any satisfaction or self fullfillment from completing a task e.g. I’m happy that cleaned out my own septic tank.
Mr. Money Mustache October 18, 2012, 4:16 pm
I DO love bartering. What you may lose in generalization of skills, you gain in building bonds of friendship and trust among people you know. Because it takes a closer connection to do successful barter than it takes to exchange cash in a retail or professional environment.
Are those truffula trees being destroyed by a smartphone-powered robot?
Why yes, that IS what is happening in the cover image.. thanks for noticing!
That robot was part of the daily “whiteboard war” I have with my boy. We divide the board in half, each draw a powerful robot, base, or animal, and the rules invariably morph in such a way that his destroys mine.
addieforshort October 18, 2012, 1:51 pm
One word that comes to mind after reading this post is “wisdom”. There are plenty of smart people in the world, but few with the kind of wisdom you’re dishing out. I really enjoy reading your blog and keep pushing my siblings (who all have far more earning potential than this lowly artist does) to read it too. So far, the youngest one has been following, and I think he’s on his way to Badassity. I feel pretty bad ass myself, biking and walking around, always striving to live with less. Thanks for taking the time to write these posts, Mr. MM.
peter October 18, 2012, 2:03 pm
A great point that you just touched on in #4 is: When you do something yourself you are paying yourself an after tax salary!
Any time you hire a service you are paying with after tax dollars, taxed at your marginal rate.
If your marginal tax rate is 40%, are you actually paying that painter $15/hour?
He’s making $25/hour of YOUR salary. Add in the cost of commute and everything else work related that you wouldn’t have to pay if you weren’t working, and even if you’re making $35/hour at your job. It’s still worth it not to pay the painter.
Add in all the other physical/experiential benefits from DIY you mentioned, and you can bump your own salary up to 45-50/hour before breaking even!
So maybe…MAYBE if you are some super genius making 60+/hour, then it MIGHT be worth paying that painter 15 to do your walls. Otherwise, do it yourself.
Tara October 18, 2012, 2:46 pm
Another awesome post – it took me a long time to understand that buying stuff would not make me happy, but now that I finally got it through my thick skull, I am finally able to save over 60% of my income and foresee a day when I can reduce my work hours and do the things I really want to do because I have reduced my expenses down to the minimum. After years of stupid spending, I am finally debt-free and can see the light at the end of the tunnel. It’s a great feeling! Reading your posts helps me get even further along the badassity road.
Matt October 18, 2012, 2:53 pm
“Remember Hedonic Adaptation – It’s Hard to Believe, but Buying Shit Doesn’t Make You Happier… The bottom line is that no matter what you buy, you’ll soon adapt to the new level of luxury and be no happier than where you were before.”
This is a mantra I believe to be true and am increasingly trying to embrace. Since learning about FIRE/ERE/MMM less than a year ago, I have made many deliberate decisions to curb my spending. The “low hanging fruit” was the easiest to shed: shopping at Whole Foods, buying lots of “toys” (computer and stereo equipment), eating out too often, etc. Now I’m slowly working on the “harder” changes, the ones that will move me from Frugality 101 to Kick-Ass.
But I’m afraid it might also cause me to grow apart from one or more of my close friends. One friend in particular is exceedingly wealthy (seven figure post-tax income, probably in the 0.1%). Until recently, he’s been too busy working to spend much money (an “accidental Mustachian”). But now he’s semi burned-out with work, and has started going in the opposite direction that I have—that is, spending more on luxuries. I have another friend who is not not nearly as wealthy, but is doing quite well. And he looks to the first friend as a role model, and wants the same things (and is burying himself in work trying to achieve it).
There’s no jealousy or hard feelings or anything like that; these are people whose friendship I still value tremendously. I’m confident they feel the same; we all still greatly enjoy each other’s company. But I can’t help but worry that there’s a rift forming, like maybe our lives are changing directions.
If you find yourself in the middle of a great conversation with your close friends, take a step back and listen to the exchange. What are you doing? You’re relating to each other, sharing your experiences, your challenges, your problems, your successes. How does one who deliberately chooses a life of frugality and minimal consumption relate to someone who increasingly embraces a life of consumerist luxury?
At a deeper level, I think that shared values are the foundation of good friendships. What happens when values change? More and more, I value quality time with my family and finding happiness without spending money (MMM’s “new fanciness”). But it seems like my friends are increasingly valuing luxury cars and laser hair removal and personal trainers and bigger houses and more exclusive vacations (“old school fanciness”?). I don’t want to drift away from my friends, but I’m certainly not going to spend to keep up with them. And it’s not like they are pressuring me to spend or would ever deliberately exclude me from something. But there will simply be more instances where the “spend divide” (my spin on “wealth divide”) will have an impact.
MsSindy October 19, 2012, 6:46 am
@Matt – There is something romantic about having a close friend forever – some are lucky and their goals, visions, political views, etc., remain fairly constant that they are able to maintain this close friendship; but more often than not, people grow and change into different people than they were in high school or their early twenties. I guess what I’m saying is that close friendships come and go through-out your long life. It is hard to let go, but it makes room for the next one.
Where this gets more complicated is with marriage. My DH has not embraced mustachianism, but because it is a marriage that should not “come-and-go” we have worked through our dividing viewpoints and met in the middle where we are both happy. Friendship doesn’t always have the same motivated parties, so sometimes you just have to let go. It does suck, though.
Spork October 18, 2012, 3:49 pm
A corollary sum-up of 4, 5 and 6: Doing stuff myself makes me happy. I can literally sit and stare at something I’ve done “adequately” and smile. Making something out of nothing or making something that works out of a broken thing makes my day.
I actually negotiated this into the house we built… forcing the builder to offload simpler tasks onto me. He was REALLY not thrilled with the idea, but admitted later (when it was done) that I had surprised him. Certainly his subcontractors might have done a more skilled job… but my job made me happier. …and cost less.
Mr. Money Mustache October 18, 2012, 4:23 pm
So true, Spork. In my own house, almost every room has some major feature that I’ve done by myself over the six years of living here so far. A wood floor here, or a tiled shower, or a new window, shelves, lighting features, studio building in the back yard, etc. I just built a tiled shelf ledge in the basement staircase this afternoon (future vegetable-growing area).
I get to contemplate these things every day, remembering every moment of their construction, and it is very satisfying. Each one feels like a little art project to me (even if the beauty is in the eye of the beholder in some cases ;-))
MJ October 18, 2012, 5:11 pm
I consider time the most valuable commodity that we have, and the awesome thing is that we all have exactly the same allocation. I have chosen to give away my time, as a regular volunteer for the ICU in our local hospital and in a local public school. Those hours are my happiest, perhaps providing me with the best roi of all. I wonder where that fits on the MMM checklist.
Mr. Money Mustache October 18, 2012, 5:59 pm
Good point MJ! I spent the morning in the elementary school today too, and it was a pretty kickass experience as always. As with all my articles, this one is incomplete and can surely be improved. But the imperfection jut means I get to write more stuff in the future to try again, which is part of the fun.
MJ October 18, 2012, 7:27 pm
I was asking sincerely, for all I knew, being new to your site, giving away time would be a MMM no-no. I hope that you will write more on this subject.
btw: My experience today in the elementary school was more ass-kicking(mine) than kick-ass….those kids have so much energy; there was a special activity involving more than 100 kids! But I wouldn’t trade it for the world because you are right, it is kick-ass to have the privilege to be there.
Neal October 18, 2012, 7:40 pm
Being a MMM newbie myself, I see giving time away more as a natural result of living the MMM lifestyle. The point (as I see it) is to make money (or perhaps more accurately, compensation) an unimportant factor when deciding how to spend your time.
I find this interesting because my career is in volunteer administration and a major problem in that industry is a perception by management that we are a relatively unimportant department. Yet, as you just mentioned, time is the one currency in which we all possess equal wealth. There is no donation I consider more valuable.
Philip October 18, 2012, 9:38 pm
I plan on giving my time away in the not too distant future. I’m retiring from the Army after 28 yrs and with proper planning have no debt. My late in life blessing, Olivia, will be starting kindergarten next fall and I plan on being a classroom Dad. I’ll also be volunteering at the VA and my church. While I don’t have an enormous portfolio, my retirement income is more than adequete to keep me from a 9 to 5 for the rest of my life if I choose.
Shawn October 18, 2012, 5:13 pm
Jawisco October 18, 2012, 5:59 pm
Great Post and I agree with the other poster that there is a lot of wisdom here…
One way that I motivate myself to learn new skills is I try to think of it like compound interest – the more skills I aquire, the better I am able to do everything in the future…and just like compounding interest, it pays to start young.
MrKistic October 18, 2012, 9:34 pm
Very interesting. As an efficient IT consultant who currently has yellow walls left in my house and who also wrote to you last week regarding the arguments of DIY vs. hiring contractors, it certainly is quite the coincidence that this week you write on this very subject! I don’t know why anyone would want to change pink walls but I can tell you my yellow walls are fairly puke worthy.
I certainly agree with your points in general, but I think it’s worth noting a point you touched on in the article about prioritisation and enjoyment. I’ve already done plenty of painting in my house. In fact I’ve taken care of plastering, rebuilding, rewiring, plumbing, stripping, sanding, painting, rendering and the like. My first call is always DIY and only when I really can’t do it myself do I hire someone in. But frankly, I find that the prospect of the remaining stripping and painting required… horrendous. Given that I’ve got plenty of other tasks that I’m working on and happy to learn them too, I don’t see that it’s completely wrong to consider getting in a painter to take care of the bulk of the remaining work. I can paint, and I will in future but right now… meh. (Pretty sure that comment will get me a MMM face punch – so be it)
I do still rely on part time IT work so in fact it’s also important to keep my IT badassity honed. Plus, I really enjoy it! So if I can spend the time working to pay the painter and also get to work with some sweet new technologies, I reckon that’s okay. As you say: “Improving yourself through education and learning skills will increase the market value of your services.”
In the meantime I can get plenty of physical activity and fulfilment on other tasks like changing the gear box in my car, landscaping the garden, finishing building my garden shed, finishing my driveway gate and the like. In fact, the sun is out now so I have no idea why I’m still at my keyboard… there’s lawn to mow!
Mr. Money Mustache October 19, 2012, 9:13 am
Indeed, the Efficient IT Consultant in this article was inspired by your letter to me.
In this post, I tried to lay out the reasons that I’d still do all my own painting in your situation. Just as a means of slowing life down and getting one thing done at a time. But I can see that you too are very thoughtful in deciding how to use your own time, and you are definitely not suffering from Consumer Sucka’ disease. So I will not add your address to my list of places to mail spring-loaded boxing gloves. Happy ‘stashing!
George October 19, 2012, 12:36 am
Speaking of DIY, how about cooking? We used to eat out all the time a few years ago but now we are down to once a week.
Also since its fall and the squash is in season, MMM we made your Thai curry and coconut butternut squash soup twice already. The second time I even added the toasted coconut flakes which makes it taste so much better, it gives it a sweet crunchy texture that goes well with the soup.
We are making the recipe again this weekend since it appears to be a hit with the family. For the 3rd time, I even found the ever mysterious kaffir lime leaves at the store and will be adding those in too.
Joe October 19, 2012, 1:30 am
Buying new stuff makes you happy…for a short time. There are good things in life that make you happy for a long time: relationships, skills, lifestyle modification. This life-infrastructure can’t be bought, and requires investment of time.
But people discount future rewards. The hedonic reward of life improvement is huge over a lifetime, but seems tiny when hit by a multiplier that falls off (for example) exponentially with time. Dollar for dollar, a new video game or ultrabook has a much lower subjective reward over the course of a life, but it’s all front-loaded into that early window that our value function emphasizes.
Couple tangents: Maybe primitive people are happier in part because they don’t store their work into large reserves of a fungible resources that they can lever on a whim into wasteful purchases; every large economic exchange would have to be carefully planned in advance, putting those life-improving projects on equal footing with frivolous waste. Second, I’d like an Amazon membership tier where everything gets to me in 60 days instead of 2-14.
Joy October 19, 2012, 6:12 am
If your purchases have a true purpose in your life, the happiness
continues as long as the purpose remains.
Now, the thrill of the purchase may fade. But, the happiness goes on.
This is true in relationships too. That is why we have the word
Many crave the euphoria of new relationships, just as others crave
the thrill of new purchases. However, there is a cost involved in both
of these activities. Realizing the cost before engaging in these activities
can save one from debt and, pain.
slashandz October 19, 2012, 6:51 am
A week ago I wrote in with concern that I wasn’t making enough income to apply your blog’s ideals. From what I can tell, the comment was deleted (and rightfully so – it was phrased in a very complainy-pants way).
I had honestly nearly given up when you suddenly post this fantastic motivation for people with lesser incomes like me. I don’t know if I had anything to do with the creation of this post, but I do want to thank you.
I sincerely hope you continue to write articles like this in the future. :)
Long October 19, 2012, 9:02 am
Because I work a full-time job, I’ve always put a premium on my free time. Since I have the option of having spare time to do other things to improve my life or work overtime, I price my free time at my overtime rate. Because of that, I think there is a peak, or plateau, on how much working more will pay off.
If you take the time to chart the difference between the value of working more and the value of your free time, you’ll find that at some point it will cross over. That should be your deciding factor on when work no longer pays off.
I see so many people at my place of employment working multiple 16 hour days and then spend at least another 1.5 hours commuting to pay for a lifestyle that they say is worth it. It’s kind of sick how their spending habits perpetuate their lifestyle. I feel bad for their families because they end up spending more time at work than anywhere else.
Edward October 19, 2012, 10:19 am
I’m not sure I fully understand the “I make x amount at my profession, therefore my time is *always* worth $50/hour, therefore it’s cheaper in the long run if I pay someone else to do it.”
Heck, I have a good salary, but I ain’t payin’ no maid $70 to clean up my mess. …And if you are, please give me that money and I’ll come over to your place and do it in my free time! Does Saturday work? Money is money, and if I’m not doing anything anyway, I’ll take the $14 an hour. Whether yours or I’m saving by just doing something myself.
By the same logic, somebody had tossed a handful of about 6 pennies in the parking lot. I was with my brother and (of course) I swooped them all up. It took less than two seconds–what’s that? A rate of about $108/hour? I guess we’re similar because he said, “I can’t believe you saw those first.” :-)
If someone who hires a maid spends 15 minutes browsing a grocery flyer and finds a total savings of $5 for a few of their regular items, they could argue that the time spent equates $20/hour. Not as much as their regular pay rate, so not worth doing again? …All these little “I get paid more for my time” arguments don’t make much sense to me because it adds up to huge bucks.
BC October 19, 2012, 10:44 am
Agree with 1-5. On #6 my materialist tendencies are tempered by consciously and deliberately feeing Gratitude numerous times per day. For instance every time I open the fridge I am grateful. When I pick my son up at preschool I pause to take in the scene of him with his friends and his wonderful teachers. And I’m also grateful for my health, my family, and my job. It makes me more mindful of the what I already have but it also applies to new purchases, experiences, et cetera. I’m now grateful that my three year old computer is holding up well but when the time comes to replace it I’ll be grateful for the new shiny one too!
Noel October 19, 2012, 11:25 am
#5 is so right on (as are the rest of your points). After buying our house a little over a year ago, I thought to myself at first, Wow, home improvements are expensive. We’re really going to have to slow down to make sure we don’t bankrupt ourselves on this stuff. Then it quickly became apparent after I had my garage full of insulation for two months that was meant for the attic that the real limiting factor on my home improvements was my time. Every time I want to run down to Home Depot and buy everything I would need for some project, I tell myself that I can do that after I have completed the projects for which materials were already purchased and sitting around the house. Now our home improvement expenditures are much more manageable. All I have to do now is kick it in gear and get some more of it done.
Monevator October 19, 2012, 3:54 pm
A fast-evolving rule of mine is becoming “If you don’t like buying it, you shouldn’t be buying it”.
I hate buying stuff, and I’m amazed some (most?) people consider it entertainment.
Shopping for anything more than groceries in real-life is an appalling waste of time, and full of endless hassles, risk of personal confrontations with grumpy shoppers, queues, and embarrassments around changing rooms. Thank goodness for the Internet.
Worse, half the stuff I buy when I do buy doesn’t work. Maintaining it? I’d be happy to have it working from day one. (Latest exhibit — super fast broadband that one upgrade and a few weeks later is still only running at half speed, necessitating endless emails and phone calls). Hate it!
Neil Gussman October 19, 2012, 4:24 pm
Even the bikes multiply. I have two carbon fiber race bikes, a tandem (I have six kids), a single speed I rode in Iraq, a folding bike for riding to and from the train–AMTRAK does not allow full-size bikes, and a Surly travel bike.
So your carbon fiber bike only cost $2400?
Mr. Money Mustache October 20, 2012, 5:07 pm
No, no.. I would never own a $2400 bike! I’m not even IN the Tour de France, let alone expected to be a top-10 finisher!
I do have a fairly nice road bike that I got for free when a tenant abandoned it on one of my rental houses. It might have been worth $600 new, and I still can barely justify owning it, since I already have a city commuter bike that is fine for riding the 30 miles roundtrip to Boulder. But yet I keep it, and it has a couple thousand miles on it, and I occasionally have to punch myself in the face for maintaining such a ridiculously overmaterialistic and luxurious lifestyle.
Rob Madrid October 21, 2012, 12:21 am
just curious but does the same rule apply to buying tools since you like to “do it yourself”. That is buying cheap or free rather than quality. My Dad always bought quality, my father in law always price.
Of course with bikes my wife and I are at opposite ends, I bought her a beautiful custom built Bike Friday folding bike (less than 2400 though), me on the other hand went with a el cheapo folding from Decathalon, 149 Euros, but I did have to upgrade the seat.
Funny thing is I’ve ridden both and am very happy with the cheap one, cheap parts were made up by great engineering.
Neil Gussman October 22, 2012, 11:41 am
Actually, I have a $375 Dahon folding bike I bought from Performance that I use to commute to and from the train–2 miles at each end. It’s OK for 8 miles on the commute. Folders used to cost more. No problems after a year of riding.
Neil Gussman October 22, 2012, 9:40 am
MMM–I race bikes so I have two Trek carbon race bikes that cost more than $3,000 each. I keep a spreadsheet of training miles and also of broken bones, operations and hospital stays–many from bike crashes, one from cheap component failure–a shattered collarbone from a snapped crank. I drive an 11-yr-old Chevy with 152k miles, but ride the bike equivalent of BMW. My wife is Miser-Mom. She is planning to do an Ironman in 2015. She will need a bike that will be good for the 5000+ miles per year she will have to ride to train for that. I want her on the best tires and wheels and drivetrain. Did you ever think about racing?
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Normally, I wouldn’t invoke the link to E. L. James’s Fifty Shades of Grey franchise. Normally, I would worry that such a link would appear to trivialize or make light of the fact that women have come forward alleging sexual violence during personal encounters (including romantic/ sexual encounters) with former CBC broadcaster and host of ‘Q’ Jian Ghomeshi.
However, Ghomeshi himself invoked a Fifty Shades of Grey reference in his pre-emptive official Facebook post on Sunday.
“We joked about our relations being like a mild form of Fifty Shades of Grey or a story from Lynn Coady’s Giller-Prize winning book last year.”
This reference really arrested my attention. Reading this, not long after absorbing the breaking news that CBC had parted ways with the host, yet long before reading the startling and detailed Toronto Star report this morning, I kept coming back to the decision to make this reference.
Of course, we know Ghomeshi has hired a crisis management PR team and, since his intentions to file a lawsuit against CBC were immediately stated, we can assume PR professionals helped sculpt and refine his lengthy and candid statement, which can only be interpreted as an effort to put his side of the story out there first. Fair enough.
Without a doubt, the mainstream success of Fifty Shades of Grey has made it easier to talk about BDSM publically – and regardless of what you think of the books (here are a few thoughts I put together after reading the first book in 2012), I think being able to talk about sex is a good thing.
Still, I found myself wondering if Ghomeshi could have so readily made public some tidbits of his sex life in a pre-Fifty Shades world. I read Ghomeshi’s subtle but deliberate reference to the book as an attempt to garner sympathy by resorting to something that everyone knows of, even if they don’t know much else about BDSM. As though presenting his situation in a Fifty Shades context somehow neutralized the allegations by framing himself in the terms of this cultural product. After all, Fifty Shades is first and foremost a, bizarre, improbable, over the top romance interspersed with intricate descriptions of sex; elements of violence may be involved, and people may dislike its depiction of a young female submissive, but the sex is consensual. The reference, somehow, frames the message in easy-to-digest terms.
Also, Ghomeshi’s invitation to think of him as Christian Grey is nothing if not self-aggrandizing.
In the day since all this started breaking and since Ghomeshi’s first-out-of-the-gate Facebook statement dominated everyone’s newsfeeds, there have been some excellent articles tackling different aspects of this controversy.
Elizabeth Hawksworth’s blog post was particularly compelling, an astute excerpt of which I’ll quote at length here:
“Women everywhere are sexually assaulted by men in power. Many don’t bother to speak up because of reactions and consequences like this: Ghomeshi is a man in power and he is also well liked and well known. Chances are, he will be almost universally believed, while she will be accused of lying to get something from him. And while there is an extremely small percentage of women who do accuse men of sexual abuse in order to get something from them, the majority of women don’t. The majority of women speak up because they want justice. And right now, we don’t know what the real story is – but as someone who never spoke up when a man in power put me through hell, for a variety of reasons – I believe her until further notice.”
Anne Theriault tweeted eloquently when the news broke. It’s hard to choose just one tweet to highlight, but this one particularly resonated.
For my part, in this post I want to focus on an alarming and, so far, less discussed and analyzed aspect of this emerging story: the notion of sexual privacy and freedom.
It is highly unlikely, as others have noted, that CBC would dismiss Ghomeshi, a hugely popular and beloved show host, without significant deliberation and compelling evidence that his behaviour is, indeed “unbecoming” and, possibly, illegal. It is highly unlikely that they would risk the success of an eminent show and invite a tangly, high profile lawsuit based on being “prudish” or simply finding his bedroom practices unpalatable.
If you wouldn’t make the same argument to defend an accused consumer of child pornography – that what one does for sexual pleasure is private and not grounds for firing or legal recourse – then don’t make it here.
One of the most pervasive reactions I’ve encountered so far is the rush to condemn the employer, in this case CBC, for peeping into the proverbial bedroom and invading Ghomeshi’s private sexual life. I’ve read many takes on “what he does in his own home is his business” and “CBC has no place in the bedroom” as well as commentaries that masquerade as being sexually liberal and open-minded when really they’re overlooking the allegations of sexual violence that cannot and should not be lumped into “part of that BDSM stuff.”
This is not about discrimination against BDSM sexual practices. This is about women coming forward with allegations of sexual violence and non-consensual aggressive acts. I’m surprised by how many people are focusing solely on the salacious details of Ghomeshi’s sexual revelations, only to be distracted from the real issue here: the potential that sexual violence occurred. The titillation of learning about a celebrity’s sex life, of wrapping one’s head around what BDSM and, to quote Ghomeshi, “rough sex” means, is redirecting attention from the sexual violence that has been alleged.
It is important that this conversation doesn’t result in characterizing BDSM as deviant. That would be, frankly, untrue and certainly unfair to all the consenting adults who engage in BDSM or kink. For some, who equate rough sex and practices of dominance and submissions as inherently violent and deviant, they’re going to pass judgement on Ghomeshi’s admissions about his sexual preferences, and that’s too bad.
BDSM does not equal sexual violence, yet sexual violence and non-consensual practices can arise out of otherwise healthy, consensual BDSM practices.
I’m an ardent supporter of personal autonomy and sexual freedom. I don’t think anyone should be dismissed or have repercussions in their public / professional life because of their sexual tastes and practices, as long as those preferences are consensual and legal. As Ghomeshi stated in his post “sexual preferences are a human right.”
I’m not condemning Ghomeshi. I’ve never met the man. I was neither a fan nor non-fan of ‘Q’ before all this. I don’t want a prominent Canadian radio personality to be a sexual aggressor.
Just because we don’t know what “really” happened and may never know, and just because we don’t know who is telling the truth, doesn’t mean we shouldn’t analyze and discuss this scenario, and the frenzy of varied reactions that have resulted from it. Sexual violence, victim-blaming, and the very real reasons many women cannot come forward, least of all publically and online, are conversations that need to happen.
When discussing this let’s remember: the “unbecoming conduct” that CBC supposedly learned about isn’t Jian Ghomeshi’s participation in rough yet consensual sex; it is alleged sexual violence.
What happens in the bedroom is private – until it breaks the law or hurts or exploits a person.
Posted by Zaren Healey White at 9:57 PM 2 comments:
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St. John's, Newfoundland, Canada
I'm a feminist and a communications professional who is interested in feminist media criticism, online activism, and Internet culture. I have a Master of Arts in English from McGill University and a Master of Gender Studies from Memorial University.
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We recently held a webinar about product discovery with Nina Stanic and Dragana Stankovic from Levi9 – inviting guest speaker Raimo Van Der Klein, Chief Product & Technology Officer at Incision along to share his thoughts too.
With a focus on the user story mapping technique – along with real-life examples from hands-on experience – the webinar covered methods of effective product discovery and offered advice on dodging the pitfalls that normally slow things down.
But first – what is product discovery?
What Is Product Discovery?
Product discovery is a process that helps businesses to deliver the right high-quality product or service to the right customer. Teams use the process to discover users and customer needs. It’s about building the right thing rather than building the thing right.
In the discovery stage, your main goal is making sure you meet your customer needs in the best possible way. It can be tempting to jump into ‘how’ to solve the problems, but without first understanding and analysing the problems that users have – to prove or disprove the assumptions you have – you’re in danger of building the wrong product. This is why it’s a critical stage in the product design process.
Not running discovery and development concurrently
Focusing all of your discovery efforts on validating your opportunities
Using one method to test your assumptions_
There are different phases within product discovery. While most are quite well-known, it’s important to understand that product discovery can begin in different stages, depending on your thoughts and actions.
The first logical step is to start with Alignment, which often is the most important but also challenging task for product managers who need to make sure all organizational levels understand what to expect during product discovery.
Next would be the Research phase. Here you begin to start thinking about ‘why’ you are developing something. Maybe you are improving an existing product or building something from scratch – these need to be carefully considered when you’re building something (and can be helped by user story mapping — see below).
The Ideation phase should be when you start thinking about the solution – but it can be tricky to navigate. One of the most common pitfalls is that as soon as a viable idea comes up, development teams tend to organize their thoughts and suggestions around that idea.
To ensure openness to new ideas, it makes sense to hold individual brainstorming sessions before focusing on a single way forward.
In the Creation phase, it’s time to start transferring your requirements into (Jira) backlog items. At the end comes the Validation and Refinement phases. Depending on the level of quality you want to achieve before releasing the product, it is common to go back and make further refinements. But, as with most software-based solutions, continuous improvement is part of the ongoing process.
As mentioned above, user story mapping (USM) is an essential part of the Research phase, but it has an overall impact on the entire product discovery process.
In essence, it is a simple and yet effective technique that helps project teams to visualize a user journey and different activities throughout that journey. It starts by defining user personas and then mapping the journey for each of them. The objective here is to keep a constant focus on the users’ perspectives, focusing on their needs.
But there are more benefits to the USM technique. For starters, it gives the development and project teams better clarity on overarching business goals – while managing stakeholders’ expectations. It also ensures common understanding, mapping out why you’re building something.
The USM also acts as an information hub, giving every team member access to the user journey at all times. As a result, the development team can better understand what they’re working towards, and get oversight of potential technical opportunities and limitations early on.
Incision approached Levi9 to help with their product discovery. Incision is an online learning platform for improving surgical skills, founded by medical professionals.
With much knowledge in producing medical content, they had less knowledge about technology. This showed in their slow legacy platform, which was in dire need of migration to accommodate improved future products.
To get the whole Incision team on board, they started with product discovery to brainstorm what Incision wanted to solve for their customers and familiarize Levi9 with Incision, products, and functionalities.
The preparation phase included the:
With a meeting room set that everyone could attend, they also needed necessary workshop tools, like markers, sticky notes, flip charts, and whiteboards.
If knowledge was lacking, the team was briefed and informed.
Finally, Levi9 searched for input from Incision’s customers, which could further help the product discovery process._
Outcome
The outcome of the workshop was detecting all the user journeys by telling stories about expected user behaviors. This helped Levi9 and Incision move towards effectively developing a new, viable product.
After seven months of development, the successful Incision academy was live, with mobile-friendly versions to follow. “I think it’s a good sign, that no one looks back,” reports Raimo. After the migration and a fruitful, smooth delivery, Incision left the old times behind and embraced the new platform.
With tens of thousands of people joining the new, improved platform and nothing breaking – the whole team is happy and continually adds new interesting features.
Here are a few things to keep in mind:
Do
Focus on the “why” and “what”
Involve different roles
Write just enough details
Focus on fewer features > more impact
Don’t
Go into technical discussions or the “how”
Conduct USM without software development team representatives
Assume that the complete map should be realized
Assume that the conversations end with the USM session
For the best results across the product discovery cycle, preparation is key. You first need to determine your agenda and goals to distribute them to your participants. Also, make sure you have invited relevant decision-makers, representatives, and information experts to participate in upcoming sessions.
By planning a schedule, your team will know what to do and when to do it, ensuring no time is wasted and everything ticks along according to plan. Ensuring your team understands the techniques and tools, which might be new for some, is also key. Go over the do’s and don’ts in detail and make sure everyone understands.
Of course, your team needs to access their tools and materials. Make sure they can do so before it becomes an issue later on. It’s also important to set expectations for your team, which makes goals and the vision more tangible. Before each session, it can help to set out simple rules to keep things in order. Raising hands when questions arise and letting one person speak at a time can do wonders for overall productivity and focus.
Agreeing on who will be the facilitators is also an important matter. Make it clear who will do what, and make sure it gets done.
After thanking the participants for their contribution at the end of each discovery session, make sure you have agreements on the action items, assignees, and next steps so you can distribute responsibilities to everybody involved. Of course, it’s important to follow up on any open questions, and doing so can help assess risks and make better improvements and ideas possible.
Also, ensure your roadmap is easily accessible by all who need it. Agree on how to manage updates to the map and how these will be communicated. Gathering feedback from your participants is also key, as it will set you up for even better, more productive sessions in the future.
Overall, product discovery is an incredible way to frame the user’s pain points, interact and learn from them, create and prototype solutions, and both test assumptions and new concepts.
Want more information on effective product discovery? Contact us today.
Get in touch with us and discover how we can push your company forward.
Speak with our sales team. Looking for more information or want to schedule a call? Submit your information and a Levi Nine representative will follow up with you as soon as possible.
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FILE – Ahmad Al Aliwi Alissa listens during a hearing in Boulder, Colo., Sept. 7, 2021. Alissa, charged with killing 10 people at a Colorado supermarket…
FILE – Ahmad Al Aliwi Alissa listens during a hearing in Boulder, Colo., Sept. 7, 2021. Alissa, charged with killing 10 people at a Colorado supermarket last year, is still incompetent to stand trial, a judge ruled Friday, Oct. 21, 2022,, keeping his prosecution on hold. (AP Photo/David Zalubowski, Pool, File)
by: COLLEEN SLEVIN, Associated Press
Posted: Oct 21, 2022 / 04:13 PM EDT
Updated: Oct 21, 2022 / 07:03 PM EDT
FILE – Ahmad Al Aliwi Alissa listens during a hearing in Boulder, Colo., Sept. 7, 2021. Alissa, charged with killing 10 people at a Colorado supermarket…
FILE – Ahmad Al Aliwi Alissa listens during a hearing in Boulder, Colo., Sept. 7, 2021. Alissa, charged with killing 10 people at a Colorado supermarket last year, is still incompetent to stand trial, a judge ruled Friday, Oct. 21, 2022,, keeping his prosecution on hold. (AP Photo/David Zalubowski, Pool, File)
by: COLLEEN SLEVIN, Associated Press
Posted: Oct 21, 2022 / 04:13 PM EDT
Updated: Oct 21, 2022 / 07:03 PM EDT
BOULDER, Colo. (AP) — A man charged with killing 10 people at a Colorado supermarket last year is still incompetent to stand trial, a judge ruled Friday, keeping his prosecution on hold.
Court proceedings against Ahmad Al Aliwi Alissa, 23, have been paused since December, when a judge first found him to be mentally incompetent. The rulings mean he is unable to understand legal proceedings or work with his lawyers to defend himself.
Alissa remains at the state mental hospital, where he is receiving treatment, and was not in the Boulder courtroom Friday.
Relatives of those killed sat in the courtroom for the brief hearing while others watched online. District Court Judge Ingrid Bakke said Alissa’s latest evaluation on Oct. 10 showed he that there was a substantial probability that he could be treated to be made competent in the “forseeable future,” echoing an outlook she first shared in March.
When District Attorney Michael Dougherty said the victims’ families were frustrated with the state hospital and the doctors there, Bakke expressed sympathy, noting that there was not much either the defense or prosecution could do as Alissa underwent treatment.
“It understandably is a very frustrating process,” said Bakke, who set another hearing to review Alissa’s condition for Jan. 27.
Alissa is accused of opening fire outside and inside a King Soopers store on March 2021 in the college town of Boulder. He killed customers, workers and a police officer who tried to stop the attack. Alissa surrendered after another officer shot and wounded him, according to authorities.
Investigators have not made public information about why they believe Alissa carried out the attack.
Robert Olds, the uncle of one of the 10 people killed, front-end manager Rikki Olds, said he tends to “build up a wall” before each review hearing to avoid getting his expectations and hopes up. But he said he would keep showing up in his quest to get justice for his niece.
The others killed in the attack were Denny Stong, Neven Stanisic, Tralona Bartkowiak, Teri Leiker, Suzanne Fountain, Kevin Mahoney, Lynn Murray, Jody Waters and Eric Talley, who rushed into the store with an initial team of police officers.
Alissa is charged with murder as well as multiple attempted murder counts for endangering the lives of 26 other people.
Alissa’s lawyers have not commented about the allegations. He has not been asked yet to enter a plea.
Reports about his mental health evaluations have not been made public. But court documents that addressed one of them last year said he was provisionally diagnosed with an unspecified mental health condition limiting his ability to “meaningfully converse with others.”
After Friday’s hearing, Dougherty, who said his office has been receiving records on Alissa’s treatment, said he has at times shown improvement but declined to elaborate.
Competency is a different legal issue than a plea of not guilty by reason of insanity, which involves whether someone’s mental health prevented them from understanding right from wrong when a crime was committed.
Alissa lived in the nearby suburb of Arvada, where authorities say he passed a background check to legally buy the Ruger AR-556 pistol six days before authorities say he used it in the shooting.
Copyright 2022 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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Engineering for kids can be fun! And colorful! Building with toothpicks is a classic kid’s engineering project, today we are scaling it up by building Skewer Structures. Using bamboo skewers in lieu of toothpicks means these structures get big FAST and are relatively rigid. If you’ve been itching to try an engineering project with kids keep it simple and try using these two household items you probably already have on hand.
I recently polled readers to find out what projects you want to see more of here on Babble Dabble Do and was wholly impressed with the number of you that asked for more engineering for kids. That made my architectural loving heart skip a beat! I mean I geek out at this stuff but I loved hearing that other parents and educators are as excited about hands-on engineering projects for kids as I am.
Certainly the STEAM movement is helping people see why learning about engineering principles is so important for kids. To me, hands-on building projects are the best way to learn how things work. You can do all the reading you want in a book but putting those ideas into practice really solidifies concepts.
This post contains affiliate links.
Our go-to CLAY for everything
A note on the clay: We used colorful non-hardening clay for this project but any clay should work. Here are a couple other options to try if you have them on hand: Air Dry Clay, Sculpting Clay, play dough
Step One Break off chunks of clay and shape them into ½” to ¾’ balls. You can do this either as you work or prior to starting.
Step Two Build! Use the clay balls at the joints between the skewers. I recommend starting with a triangular shape but you can be more free form.
Note: As the clay hardens and dries the structure will become more brittle. Either consider this an exercise to be completed and cleaned up OR if you want to keep it for a little while I recommend building it on a tray or board so that you can move it around easily.
That’s it! The higher and more complex the structure the more you will have to adjust/press the joints together.
My kids and I each built a structure and then I combined them all into one mega- structure!
One thing I love about working with kids is seeing how they interpret the materials at hand. My 5-year-old daughter decided to roll out the clay into flat pieces and them wrap it around the skewers to add a decorative element. She was more included to make a colorful simple structure while my 7-year-old son was interested in building big and quick.
Gustave Eiffel. As structural engineers go he is probably the world’s only household name, am I right? And that’s because Gustave Eiffel designed one the world’s most beloved and recognizable landmarks: the Eiffel Tower in Paris. It was built for the 1889 Paris World’s Fair. While today we are used to modern looking structurally based towers, structures like it were completely unheard of in the late 1800’s and many people were both dazzled and aghast by it. The Eiffel Tower set the precedent for sculptural, structural monuments and architecture that are so commonplace today.
Did you know that Eiffel was also responsible for engineering the structure within the Statue of Liberty? The breadth and diversity of his career is amazing, besides the two landmarks mentioned above he designed numerous bridges and a system of locks for the French designed (and never built) Panama Canal. One of the things I find most interesting about his career was his pursuit to standardize structural components, particularly with respect to bridges, kind of like a kit of parts. His contributions to engineering /architecture and world heritage rightfully make him one the world’s most beloved engineers. Since our skewer structures were part engineering, part sculptural I found them much aligned with Gustave Eiffel and his exploitation of the beauty of structures.
You might be shocked to know that the best engineering class I took in architectural school involved NO MATH. Absolutely none. All we did was build structures out of craft sticks. That’s it. For a whole quarter. And guess what? We built some pretty killer structures. And learned a ton about engineering. Why? Because we were testing out ideas with our hands, not relying on abstract formulas to learn how materials and designs behave under stress. For that reason alone I love projects like Skewer Structures. The tactile experience of building does wonders in teaching kids what types of structures work and what doesn’t. They also turned out to be some pretty lovely sculptural pieces!
If you enjoy projects that teach engineering for kids check out these three “building” posts we’ve done:
Building and Destroying Toothpick Structures
There are also a number of cool books out there to get you going with more engineering ideas for kids and parents/educators. Here are some good places to start:
If you enjoyed this post SHARE IT!
Filed Under: Engineering for Kids Tagged With: CRAFTS, design for kids, DIY, EDUCATION, engineering for kids, kids activities, SCIENCE PROJECTS FOR KIDS
Comments
JDaniel4's Mom says
October 28, 2014 at 3:35 am
We are so going to try this! What fun!
Ana Dziengel says
October 29, 2014 at 6:49 am
Yay! They are easy and fun!
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The power generation plant noticed problems when their hydrogen seal oil had a much lower flow rate than expected. Instead of the normal 8-gpm flow, the oil was flowing at 1-gpm. Thermocouples added to seal drain lines measured outlet temperatures as high as 94°C indicating even higher oil temperatures in the seal area itself.
Fluitec’s Boost VR+™ (Varnish Removal) is a safer and less expensive way of removing varnish and deposits from the lube system. Boost VR+ uses patent pending varnish and deposit mitigation technology, that can safely be used in oil wetted systems and maintains high levels of success of increased efficiency with hydrogen seals.
Results
Removed varnish from seals
Increased turbine efficiency
Increased oil and seal life
Returned flow rates to normal operating conditions
Reduced seal and oil temperatures by over 15°C
Reduced Oil Seal Temp 15°C
A large frame gas turbine had used spring hydrogen seals. Looking to increase efficiency, they installed bolted hydrogen seals. The plant first noticed problems 8 months later when their hydrogen seal oil had a much lower flow rate than expected. Instead of the normal 8-gpm flow, the oil was flowing at 1-gpm. Thermocouples added to seal drain lines measured outlet temperatures as high as 200 F indicating even higher oil temperatures in the seal area itself.
The plant performed multiple tests in an attempt to verify the problem, including a “bucket-test” to verify flow rates and installation of ultrasonic Doppler flow meters on feed lines. Several months after identifying the problem, the plant worked with their OEM to replace the seals.
The new bolted hydrogen seals were carefully installed with the following clearances:
Gas Seal: .009”
Six months after the installation of the new seals, flow rates dropped and the same problem re-emerged. The plant inspected the seals and found Incipient Varnish covering the surfaces. Before switching back to the older spring seal design, the plant decided to use Boost VR+ to increase the solubility of the oil for a positive impact on the varnish deposits. One week after the introduction of Boost VR+, the flow rates improved. The plant had the ability to inspect the seals one month later and found the seals to be clean and the layer of varnish removed.
This solution allowed the plant to continue using the more efficient bolted hydrogen seal design.
The plant is continuing to carefully monitor seal oil flow rates and turbine oil analysis as a monitoring step.
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I’d stopped watching or listening to the news back in the latter half of 2019, but as we came out of the pandemic I’d started to tentatively listen again. Last night I was caught unawares, lying in the dark unable to sleep I had the radio on and the stark announcement came that we were now, officially, in recession and I wasn’t expecting it to be quite so bleak.
I’d known for a while it was on the horizon but I guess I’d been hoping for a miracle or that perhaps for some reason we’d narrowly avoid it. But here we are again, a pandemic, a war, a cost of living pay rise, energy and fuel price hikes, the threat of civil unrest and strike action - and now a recession, arguably predicted as one of the worst we’ve ever known, one to make the 2008 crash look like child’s play.
As a small business owner, I’m a little concerned, okay that’s an understatement, I’m really concerned. After relaunching at the beginning of 2022 I was optimistic about better times, It’d been slow during the pandemic and in the aftermath, but I’d done some training, had some coaching and had it all mapped out, but then war broke out in Ukraine, followed by the energy crisis and business was slow.
But then things picked up again and I started to feel hopeful, and then the announcement last night. I stared into the inky gloom, life had felt so long now like we were on a permanent roller coaster ride and once you think you’re near the end of the ride it takes you on another loop again and then plunges you into a deep dive. When do we go back to what feels like normal again, when the news was boring and tedious and barely registered?
Whatever your response and I realise there will be many of you that will be completely unaffected by it for a variety of different reasons, I have decided to remain vigilant, market hard and forge ahead - and for someone renowned for panicking at the slightest change in wind direction (I’m exaggerating slightly there), it is a welcome surprise to me as it is to you.
I have come up with a few things that might help going forwards -
The first rule of recession is DON’T PANIC, I said DON’T. PANIC.
Panicking won’t help, don’t rush to find a low-paid content job in order to fill any gaps, there’s no shame in it, but once you’re in a low-paid job, it’ll be harder to come back out. If you find yourself in a good position to get a really well-paid job that promises you progression as well as good pay, then by all means go for it if you think that’s what you want.
I have considered this myself, but I know I’d make the worst employee now, I won’t discount a more permanent remote role, but my days punching out blogs in a poorly lit office is over.
Ignore the news - no good can come from watching it or reading it, not until you’re in a better place. This is easier said than done because social media is awash with news bulletins and doom scrolling will only bring you down and make you liable to panic more, so bin social media or spend less time on it if it helps. Instead, use a platform where you can post your blogs and marketing posts such as Buffer or Hootsuite without having to actually go into your chosen platform itself, there will probably be more, but those are the only two that spring to mind right now.
Continue to market, don’t let up, in fact, take it up a notch. It doesn’t have to be tacky and pushy, done well it can work. There is always someone out there with money in a recession.
Who thrives in a recession?
Who are these people? Well,
The food industry
Repairs & DIY - someone always needs something repairing
Vets, animal shelters, someone always needs a vet at some point
Content writing - up, businesses will need content more than ever if their businesses are to survive the recession
Digital/tech/SaaS/Cybersecurity - if you’re doing these anyway, then you’re laughing. I don’t niche in tech, but I’m certainly throwing my hat into the ring, the tech industry origin stories and bios are notoriously awful, they’ll need me if even they think they don’t
Healthcare - We all need care when we’re sick, even in a recession.
This brings me to my next point. Should you niche, or continue to niche? Well, I don’t niche so much anymore, as the economic situation changed I realised that to survive I needed to turn myself into a human Swiss army knife and be able to do everything.
I’d been a generalist for years but then I’d tried one or two niches to settle on, but now I realised that adaptability and flexibility were key to survival - and they will be for the foreseeable future. Serve everyone, try to help everyone, offer value, someone will want what you have.
I still specialise in deliverables - I specialise in web pages and brand story with anything else as an add-on if I continue working with the client. I can do web pages and bios for anyone, in any industry. There’s no point in niching in one topic if that topic goes under during the recession. Offer a deliverable that can be utilised by any industry and be the go-to person for that. I’m the go-to person for web pages and bios, and I want people to know this, so marketing is crucial. What is yours? Web copy, paid adverts, SEO, email - make sure people know what it is you do.
Go a la carte, stop bundling your services into packages - again, be flexible.
Do you raise your prices? - I’m not sure about that. I was going to raise mine in January 2023, but now I’m not so sure. I’m going to hang tight on that, but I am going to continue with the prices I do charge and stick to them. I won’t necessarily lower my prices, but I won’t be raising them this autumn either.
Build content authority and post everywhere, you are an expert in what you do, so tell people. Write blogs and articles and publish them everywhere, your own blog, repurpose them and try guest posting to well-known publications. It’s important to make sure as many people as possible know what it is you do and what you offer.
Be brave, be bold, now is not the time to be a shrinking violet. Be visible, use the platforms where you think clients go (yes, I know what I said earlier, but if you don’t have a tendency to doom scroll then use social media carefully) the kind of clients who’ll want what you have. Leads aren’t necessarily going to dry up, but potential clients need to know you exist. Get out there and forge ahead, even if things don’t work out, no one can say you didn’t try.
And finally, look after your mindset, the recession is enough to rattle anyone, but you need a strong mindset and self-belief. For those with agencies, or a strong list of retainers (depending on the industry their clients are in), they may not be too worried, but if you are, stay strong, meditate, eat as well as you can, join communities, talk to people in your network, don’t isolate yourself, and if you need help ask for it. Don’t let pride hold you back, the freelancing community is a warm and friendly one, so if you’re struggling, holler.
Further reading
https://blog.visitorqueue.com/what-types-of-businesses-do-well-in-a-recession/
If you think your business would like a brand origin story retelling or creating and you need an About Page to support it, or if you need one or two web pages, get in touch. I also provide full web copy for websites.
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I was looking for a waterfall, I didn’t know where it was but I knew it was there. I was somewhere in Lithuania. I spent the hot morning jogging through a great green mass, a curving valley of willow and pine split by a long and shallow brown stream. I found myself by a railway, navigating knee-deep in wild plants. I encountered a lady lingering there, miserable, hunched and fleeced. I think she was speaking to me, but of course, there was no sense in listening. I turned back.
In the rural areas of the Baltic countries it is difficult to determine when you are in the Lord’s back garden, or someone’s back garden. I think this all traces back to the Soviet times (the good old days) when everywhere was everyone’s garden. The Baltics haven’t quite grasped the concept of paths here either, there being few available and those that are often lead to nowhere.
I traversed the valley to the river. A couple of women were walking towards me, so I asked them how to get across. For some reason unknown to me they found the encounter to be most humorous, and told me there was a bridge close by. The bridge was wooden and shook with each step. I worried that my legs might be too big for it, but there wasn’t a sign with a leg size limit on it so I was good. On the other side there were car parks, ice cream fridges on wheels, bouncy castles, children on bikes, that kind of thing. I followed the road up the hillside, running for ten minutes before cutting back into the pine forests, clambering over root and rock. I was lost. There was a sign at the top of the hill which I found particularly useless, an old stick pointing somewhere. But where would you lead me stick, and what are your motivations to do so? I wondered, hopelessly.
I found no indicators of water. Earlier I had fantasised about being utterly exhausted from jogging, and hearing in the distance the gentle and continuous sound of water splashing down from rock to rock. Here, deep in the forest, the water would reveal itself to me in full aquatic splendour, crashing down the hill, all colours of the spectrum refracted off the floating vapour clouds. Mother nature exposing herself to me, naked, devastating. I imagined myself stripping off and jumping in the crystal pool at the bottom. Diving in it, bathing in it, drinking handfuls of its pure ice-cold water.
The waterfall was playing hard to get, as they often do. Many a great man have been destroyed by this test, taunted, fatigued, and driven to a bestial madness by waterlust. I was determined not to join their wretched company. The search was something to give myself to, something to overcome. I am the kind of person who is very determined to get what he wants, much like the child who lies on the supermarket floor, screaming until his parents submit to buying him the toy he wants. Often the thought of not having the thing is unbearable to me, and I seek it out, at the expense of all else.
I carried on running, the running was nothing to me now. I interrupted a segwaying man with his baby in a pouch to ask about the waterfall, and they told me to keep going, it was near. I did, and found a gooseberry bush, revealing itself to me like a natural vending machine. I imagined how nice it would have been for our distant ancestors to find one of these, with its juicy green gooseberries like sugary mini-basketballs. They tasted exquisite, and not like any other fruit, immensely sweet and refreshing. I ate my fill like a gluttonous berryeater before dusting myself off and getting back on the road.
Seconds, maybe minutes, maybe hours later I came to a house and stood on the drive. I’d seen a bald man with a strimmer disappearing into his backyard. Two chained dogs barked and tried in vain to hurl themselves at me, presumably to bite me in the thigh and give me a form of debilitating rabies. Never have you seen such irate beasts. Launching themselves like dog-rockets, only to find themselves suspended in thin air. What is remarkable about it is that after the failed launch, they then proceed to do the whole thing again and again and again… until you leave. Now I do like dogs, but I have to admit, this whole thing paints the species in a most unflattering light.
After a sustained period of absentminded driveway-standing, a large woman peered out the window. I asked where the waterfall was and she said ‘water! Yes okay,’ and came out three minutes later with glass of water. I thanked her, and took the glass, it tasted rusty and old. With the help of Google Translate I asked her where the waterfall was. She took a while and pointed to a number of different places on the map, with added comments in Lithuanian. I thanked her again for her help and then thought, to the abyss with it all and ran up the nearest road I could find.
I started to doubt whether I could find the waterfall, whether it even existed, whether the Gods has placed me in the heart of an obscene metaphor, and were watching me for their sport. I concluded that doubts are the test of a man’s faith. I remembered I was looking for the zenith , nothing less would suffice and in this case, the zenith was the waterfall. With this newly found inspiration in mind I advanced, each languid, gawky step increasing my yearning for the falls.
My shattered phone screen (complete with ever-growing black blots) told me that the nearest mapped attraction was an observation deck, a measly seven minutes away. I made my way there, hoping perchance I might be able to observe those glistening falls from above. Again, it took me a long while to locate and I ran down many a wrong path, but with Glutes by Patrice Baumel in my ears to guide me, I made it.
It turned out the observation deck was in fact many circular decks at different points, linked together with a wooden path. There was a pavilion at the back. People played music and smoked cigarettes in between songs. I felt like I was mid-way through the drying process after being grabbed by a strange water-nymph and dipped by the ankles in the dead sea. The sun was on the way down.
It was amazing to see so much open space beyond those trees. At the bottom of the cliff wound a frothing brown river, and on the hills an all encompassing mat of trees changing their shades as their leaves blew in the wind.
A blonde lady came over and started taking selfies. She spoke to her family in an accent I immediately determined was preposterous. I asked where she was from and she said Vilnius, but her husband was Irish. That explains it then, I told her. I offered to take photos for her and her whole family came flocking over for the big shoot. I tried to impersonate her but the voice came out Jamaican and I called the whole damned thing off mid-sentence.
I told them I had been looking for the waterfall but had nearly given up all hope. She said she was going down to see it soon and asked if I wanted a lift. At first I was repelled by the commitment of it all, no being the default response, but then I remembered my raison d’etre for the day, remembered the zenith. I accepted the offer, but warned them that I smelt rank, but they said it was fine, they probably smelled too. We spoke about a few things in the car, what I thought about Vilnius, what I had studied, what Ireland had to offer. They said many things I found it difficult to understand, and what I did understand often didn’t constitute a reasonable response to the questions I was asking. But I was happy to have shared twenty minutes with them, as they were people of a most delightful and generous kind.
We split up at Belmonta car park and that was the end of them. I saw a sign. I was within a ten minute distance of my goal, but I felt strangely apprehensive, as the ground was too flat and open and there were too many tourists. I discovered I was in the same place I was in earlier with the bouncy castles and the children on bikes. I followed the track out to the falls and found them with no trouble.
Looking down at the falls, I found they were annoyingly recognisable. They were concretey, it was the kind of feature you would expect to find as part of bog-standard Shepshed brook. The stream came to an acute angle, water flowing timidly down to make a sheet of white water between the two levels. People lined the bridges, shooting the ducks with their smart phones. Below them the water went down another step, and on the long broken pillars of concrete were two girls, taking photos of each other. The unwanted visitor let himself into my mind and spoke to me…
These girls haven’t contemplated the beauty of nature for five seconds. If you started to tell them about the utility of horseshoe fungus, or about the beauty of a bedstraw hawk moth caterpillar they would look at you like you were a freak and scurry off like hamsters. Look at them, using mother nature for their own paltry, personal online gains, OH WELL ISN’T THAT….
I told the man he wasn’t welcome and to shut up and go away. He shook his head, grabbed his jacket from the peg and slammed the door on his way out.
I was nicely jelly-legged, so I lay down on the side wall and placed my hands over my face, staring up at the clouds through a circle made by forefinger and thumb. I watched as a plane slowly drifted from one side to the other like the cursor of a mouse. I listened to Love on a Real train and felt very, very in touch with the universe. The universe was trying to communicate its strange, broken, mesmerising messages to me. Smooth electronic sounds flowing into my canals, lighting up the dark parts of my brain, my pores oozing with iridescent blobs of mystery.
I woke up to discover I had slept a bit. When I opened my eyes the first thing I saw was the girls again, the Instanymphs, adopting different poses, different positions, different facial expressions. They were looking for a waterfall too, but their waterfall was social media likes. I did not resent them, as the unwanted visitor would have had me do. I looked down at them from the wall and simply wished that they find their way through this terrible, beautiful world, in whatever way suited them best.
I lifted my vessel up the stairs past the fancy wooden restaurants, through the rock gardens of Belmonta. A big black bird with a red beak slowly drifted across a pond. I was later to discover this was a black swan, a bird I had never seen before and until recent years; did not know truly existed. It was so peaceful, so slow.
I’d seen enough for the day. I ordered a taxi and lay on the grass, waiting.
We are all looking for a waterfall. The mind excels in creating them. The truth is this, that after many years of laborious pursuit, you will realise that this watery idyll exists only in the mind.
You must be prepared that you might never find anything that resembles a waterfall in your life. If you are lucky enough to reach one, you may find it to be dull, banal and completely unremarkable.
We spend all of our waking hours running up the hills, tumbling down the troughs and clambering up the peaks, bewildered by the sight of Google Maps, searching through the woods that quite frankly all look the same. We all spend our time obsessing over the unreachable falls.
You may be disillusioned by the realisation that your search is in vain, that the goal is illusory, a cackling chimera on a shelf beyond your reach. But do not be disheartened, and continue your unique quest, your personal journey, continue without question…
On your quest you will encounter dead ends, unhelpful signs, gooseberry bushes, long grasses and wildflowers up to the knees, strange women speaking irritably in foreign tongues, ferocious dogs that want to eat you but can’t, lovely Irish families willing to adopt you, swans, black and red-beaked, great bouncy castles and many more things greater than these.
That it is in these components of the journey itself, these miraculous ricochets of the universe, that true satisfaction, that true waterfalls can be found.
With Love from the Lord.
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Published by Lordofthereeves
This blog is all right actually. View all posts by Lordofthereeves
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2 comments
August 12, 2019 at 8:40 pm
“I was looking for a waterfall … somewhere in Lithuania.”
Sounds exactly like the kind of directions my daughter gives me when she’s asking to be picked up from a friend’s house.”
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mySCENA is a new web platform published in English and French by LSM, a non-profit charity dedicated to the promotion of music and the arts since 1996. LSM also publishes the La Scena Musicale classical music and jazz magazine and La SCENA arts magazine.
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Over the past decade, activists and CSOs have argued with conservative and religious groups in Ukraine over the introduction of the so-called “comprehensive sexuality education” in Ukrainian schools.
Democratic change with the Greens as the tip of the scales in Montenegro
Published: 4 September 2020
The small Adriatic state and EU candidate Montenegro is at a historic crossroads after Sunday's parliamentary elections. After 30 years of permanent rule by Milo Đukanović and his DPS, a change of power is possible for the first time.
Democratic change with the Greens as the tip of the scales in Montenegro
Published: 4 September 2020
The small Adriatic state and EU candidate Montenegro is at a historic crossroads after Sunday's parliamentary elections. After 30 years of permanent rule by Milo Đukanović and his DPS, a change of power is possible for the first time.
Between cooperation and systemic rivalry: The EU-China Relations
Published: 24 July 2020
How will EU-China relations look like in the future? Which priorities need to be set? Interview with Reinhard Bütikofer and Janka Oertel.
"There should be an open debate where citizens discuss their vision for the EU"
Published: 13 July 2020
The Conference on the Future of Europe was supposed to allow citizens to get involved to identify priorities for a more democratic, sustainable and efficient EU. However, political conditions have changed dramatically since the pandemic.
The EU has to speak with one voice: its Role in the Middle East
Published: 2 July 2020
A debate on the US-influence, Covid-19, restricted individual freedoms and the question how the EU should define its role.
European Responses to Multiple Crises
Published: 1 July 2020
The way the Covid-19 pandemic has been dealt with has raised many questions for the future of the European project. How have the EU institutions and Member States managed the crisis so far? What challenges will coincide with the German EU Council Presidency in terms of crisis management and the future of the EU?
Europe needs a Real Green Deal!
Published: 30 June 2020
The German government must fight for a Real Green Deal for Europe that combines economy and ecology and sets the course for a socio-ecological market economy. Dr. Ellen Ueberschär describes what that could look like.
Expectations of the Greek government and Greek civil society of the 2020 German EU Council Presidency
Published: 12 June 2020
At the beginning of 2020 it looked as if the Greek economy would recover with above average growth from 10 years of financial crisis.The corona pandemic has shattered these prospects. Greek society is now hoping for support from the German Council Presidency.
A critical point for EU–UK relations: The British perspective on the German Council Presidency
Published: 4 June 2020
Britain is in the midst of finalising the Brexit transition process while also being hit especially hard by the Covid-19 pandemic. The German Council Presidency has to protect public health all over Europe while also preventing another financial crisis from happening. But this might also give new momentum to systemic change towards a more sustainable economy.
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There comes a time in every company’s story when it’s time to bring people together, either to celebrate what was accomplished or to meet new prospects and partners. Corporate events are designed to help companies grow and thrive through networking, training, recognition, and team-building activities. Having a corporate event is the best way to celebrate business milestones, and different occasions and shake hands on lucrative deals. With so many new introductions every year, it grows difficult to organize business events in an organized manner. So make your business event a memorable one by flaunting your presence at the best possible level with marcem event managers
Types of corporate events
Corporate events can range from company conferences and internal training seminars to team away-days and client hospitality. When planning for any type of corporate event, therefore, it’s best to assess them in terms of their size.
Simple events (otherwise known as ‘micro events’) are planned for up to 100 delegates and often take the form of meetings or more intimate training sessions. The planning requirements for these micro-events may simply involve room booking, presentation facilities, break-out refreshments, and registration. However, referring to them as ‘simple events’ can be misleading, as an away-day or hospitality for 50 senior managers can be as complicated as planning a conference for 500 attendees.
Small events are classed as between 100 and 250 delegates. They could be seminars, training days, or departmental conferences. Planners may need to manage a main stage itinerary and several break-out sessions, along with lunch, refreshments, audio-visual facilities, online registration, and transport.
Midsize events rely more on technology. They could be company-wide conferences for up to 1,000 delegates or leadership summits for important client customers to meet with senior leaders. A branded website, pre-event communications, and an event mobile app should all form part of the budgetary considerations. Delegates may require hotel accommodation, plus transport that takes attendees to and from the venue. While a pre-or post-event reception or evening entertainment may be required as part of a complex multi-stream conference itinerary.
Large-scale events often require enterprise technology tools to manage elements such as hotel room bookings, delegate flights, budgets, and online registration. These may be multi-day events so you could need offsite activities, dinners, partner programs, an awards ceremony or other complex itinerary planning. Staffing, catering, registration, speaker, and delegate management will all need to be carefully planned at scale. Conventions, for example, can attract anything up to around 10,000 attendees and can last a few days.
Event objective
‘What is the event’s objective?’ This should be the first question you ask when a corporate event is requested. Gaining a deep understanding of the deliverables that key stakeholders are hoping to achieve, it’ll allow you to plan more effectively and communicate your ideas in a language your bosses will understand.
Once you’ve understood whether the event’s aim is, for example, to build brand awareness, communicate business strategy, reward and motivate, or launch a new product or service, you can then set goals, put the right metrics in place to track results, and determine who the attendees will be, along with their expectations.
When you have well-defined goals and objectives for your event, planning, promoting, and sticking to your budget all become much easier.
Use these 21 action steps, together with the aforementioned best practice advice, to ensure effective and successful corporate event planning.
Determine the overarching goal and the primary objectives you intend to meet by holding this event.
Identify the audience to determine the event’s tone of voice and what takeaways they’ll expect.
Agree on how the event fits into the overall company strategy. What are its long-term objectives?
Make a comprehensive list of all the budget line items in the event lifecycle.
Appoint a planning team and allocate responsibilities.
Establish a schedule for planning meetings.
Decide on the date(s) when the event will take place.
Prepare a preliminary budget based on historic costings and supplier quotes.
Create a list of venue requirements.
Compare venues and negotiate.
Secure speakers.
Prepare an event timeline allowing adequate time between sessions and activities for transitioning, as well as for any potential delays or technical difficulties.
Reserve accommodation and transport requirements.
Plan menus for meals and refreshments, taking dietary needs into consideration.
Confirm or recruit event staffing.
Follow-up with speakers and attendees post-event to thank them for attending and provide key takeaways.
Conduct surveys, secure feedback and collate final costings for future reference.
The amount of available budget can impact every aspect of corporate event planning, from the choice of venue and speakers to the levels of catering, entertainment, technology, and staffing.
Decide if your budget has outgoings only, or will you be able to supplement it with income from exhibitors, sponsors, or other forms of external revenue?
Has this event happened in the past? If so, use the previous budget to establish a baseline but ensure that inflation and evolving needs are taken into consideration.
Figures from past budgets are useful in providing a clearer picture of how much certain suppliers will charge. Use these to ensure you are not being over-charged when you reach out to suppliers for initial quotes.
Every event budget, however, needs built-in flexibility. Unanticipated expenditure is common and supplier costs are often provided as estimates, rather than fixed prices, so it’s vital that an overall budget is managed accordingly, and a contingency fund is in place.
Once you’ve sourced supplier costings, make a comprehensive list of all the budget line items in the event lifecycle, including venue hire, AV, food, and beverage, accommodation and travel, speaker fees, staffing costs, and marketing and service fees.
For larger or more complex budget planning, look into corporate event management software suites, which include a dedicated event budget management tool. This will ensure accurate collection of your budgetary information, help you track expenses easily, generate budget reports, and demonstrate the ROI of your event.
Event management is a complex process that goes beyond the identification and implementation of an idea or objective. There are many things to consider, including the pre-planning of the event activity and event management in the actual delivery. In this article, we have discussed the basic steps for event planning and corporate events management. Check back regularly to stay updated on all matters relating to corporate events management.
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We live in a small town a bit outside the fray. Still, close enough to the fray to have some of the voter diversity that a college community typically offers. Yet with the lines that are drawn by the powers that be, our district is distinctly a bright brilliant shade of red without so much as a tinge of purplish cast. For local and regional elections, my vote is a whistle in the wind in a district scarlet with moderate to love-my-God-love-my-guns (not necessarily in that order) Republicans.
We first realized we might be in an exclusively red area when a candidate at the farmers’ market in town asked for our support. Upon learning that we were not in his district, he said something along the lines of, “You will get no attention from Democrats out there. If you need anything, just contact our office in town.” In our first election cycle here we discovered what he meant. There may be registered Democrats in our town but there are no Democrats in the running for the local or regional offices in our district. Our representation is strictly Republican, and unfortunately so as far as I can tell, of the God-and-guns and not the moderate variety.
In California, with countless propositions and candidates of all stripes, we were provided with a giant sample ballot and a voter booklet that described both the pros and cons of each proposition and statements from the candidates, not to mention the a barrage of mailings, television ads, phone calls, and ringing doorbells. It is a bit quieter around here, a couple of mailings from the better backed (i.e, funded) candidates and that is about it. I did not even know what was on my ballot and had to look it up online to see what decisions were mine to make. In California we had a system whereby if you opted to vote by mail, and–if you did not miss an election cycle–you were automatically mailed a vote-by-mail ballot. No such system here, but having once voted by mail I get an email inviting me to apply for a vote-by-mail ballot. This is a great thing, because often it is the only way I find out there is going to be an election. But we do have early voting.
Early voting is the opportunity to go to the polls anytime from early morning to early evening in the week before the official Election Day. A couple of nights ago I did an online search for my primary ballot, looked at my few choices, and made my decisions in preparation for voting. Yesterday I donned a livin’ on the prairie flannel shirt, the appropriate blend-right-in attire for entering a den of redder than red voters. Sure enough, the two people in front of me were Republican: one a dour and silent man who quietly collected his ballot and bee lined to his voter kiosk with eyes front and expression firmly set, and the other a recently coiffed, immaculately dressed, mostly grey-haired lady with the friendliness and easy chatter so common to many Midwesterners. When asked if she was Republican or Democrat she said, “Republican, but really Independent.” That launched us all into a yes, who-likes-either-party-we-are-all-independent exchange of remarks as the election official printed out her two page ballot. I exhaled, knowing this well dressed and carefully coiffed lady was not likely to be a pushing, shoving, belligerent Donald supporter. Or, if a Donald supporter, certainly not of that ilk. As she walked away to fill out her multi-page ballot, I stepped up, signed in, and with less fear of scowls and Donald-worthy sneers, declared “Democrat” in response to the which party question. One partially covered single-sided page printed out.
I took my little ballot to the private kiosk, with instructions to insert my ballot into the privacy cover before bringing it to the voting machine. There I selected from my limited primary options for national and state level positions. Office after office listed “no candidate filed,” leaving me little to do. My Republican friend swiftly filled out her ballot, carried it to the machine snug in the privacy cover, fed it in the machine, and turned to leave as I followed behind with my covered ballot. My ballot would not go in. The official stood by as I tried to feed it to the machine a few times then stepped in and flipped it this way and that, naked of its cover, and attempted to get the machine to swallow it whole. Finally, removing the feeder cover, we discovered an accordion shaped two-page ballot obstructing my one-pager. Our friend was just stepping through the door but heard the commotion and returned. Heedless of my naked ballot with its few marks, I quickly averted my eyes from the naked accordianed mult-page ballot lest I break all codes of voter secrecy or, worse, be disillusioned by the discovery of which Republican Presidential candidate she had marked. Mine, all this time, was hanging out in all its naked glory. Cleared of the obstruction, we jointly fed my scantily clad and scantily marked page into the machine successfully, my secrets revealed to all who gathered there. After an exchange of a few pleasantries, my eyes still averted from the other ballot, I left everyone to their task of solving the accordian ballot puzzle.
Safe at last, no dirty looks or sneers in my wake for all that exposure. As the door was closing behind me, I heard, “Oh no, she forgot her voting sticker!” The official raced to and reached the door just as I was reopening it to return for my well-earned sticker. “You cannot leave without your sticker,” she said. So there it was, I was still A-OK in spite of my vie en rose; they wanted me to have and proudly wear my “I voted” sticker. Maybe we can all get along.
I do not know if the votes I have cast have ever made a difference. I proudly registered to vote the moment I turned the legal age of 18, my first real step into adulthood and citizenship. Since that time, I have made it my mission to vote in every election. It is true that so many have put their efforts and even their lives and safety in peril for the simple right to vote, and that alone should inspire me. But the real reason I vote? I believe exercising the right to vote gives me the right to share my opinions and voice my complaints. Because–in spite of the many vote for none options–I vote in the hopes that we will one day elect people who, regardless of party affiliation, can get along and work together to solve problems as cordially as we the voters, from different parties and different backgrounds, were able to do in our little polling place. That, and that one day they will draw some reasonable district lines.
Categories K is for Kismet•Tags Democrats, Districts, Republicans, Voting
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So, I continued north to Flathead Lake, Montana. What a gorgeous place! It was so pretty there – especially when you climb up to the highway rise just before you see the size of this monster lake. This has got to be one of the nicest lakes. ivermectin apple I thought, “I could live here.” I found myself saying that a lot throughout Montana. I didn’t say that in Idaho. Don’t get me wrong, Idaho has spuds and stuff, but it just didn’t feel the same way. On top of that, Montana lets you drink. They have packaged their booze in handy to-go carrying cases. The great selections of beer started reappearing on the shelves; they didn’t have special stores to go to for beer. It was everywhere, so were corkscrews and wine. They also cover everything in chocolate! I also noted that we came across an espresso store that sold guns! Now there is a new way to look at coffee! So strong it can blow your lip off? There were cherries and huckleberries growing everywhere. Now, I always thought huckleberries were a phony made-up fruit referenced in cartoons; but no, my mistake. Montana is Huckleberry Country! Everything is huckleberry… huckleberry pies, pancakes, syrup, cheesecakes… and you guessed it, huckleberry liqueur.
Huckleberry Syrup on my pancakes. I also had Huckleberry Cheesecake and Huckleberry Ice Cream! ivergot gotas dosis adultos I really, really like huckleberries!
We rolled into Glacier National Park at the end of a long day, and a staff member of Glacier had the steaks ready, along with his secret recipe of Huckleberry Lemonade. It was wonderful (although it was a good thing we walked to his place)! The next day was work at the park, but it is a beautiful place and it was fun meeting with all the good folks there at headquarters. The following morning we traveled the Going to the Sun Highway, and it was spectacular. We stopped at the McDonald Lodge and admired all the dead animals nailed to the wall, and then continued all the way to the Logan Pass Visitor Center. I was surprised at the amount of people visiting. Most of our parks in Alaska (except for Denali) tend to be scarce on visitors. I could see that it was a challenge to keep the road open, surely it closes for the winter? Can one of you fine Glacier folks put my mind at ease and confirm that road is closed in the winter? We slipped out the east end of Glacier and headed south.
Glacier National Park was wonderful! If you haven’t been there, check it out! It’s even better by motorcycle
After crossing the Continental Divide, the landscape became less dramatic but with plenty of rolling hills. Don’t get me wrong, it was gorgeous in a different way. I kept thinking I was in a Robert Redford movie – I couldn’t decide if it was A River Runs Through It or The Horse Whisperer. Either way, the scenery was very peaceful, and after leaving the crowds behind I was back to roads where only six cars pass you an hour. how many tablets of ivermectin to treat scabies Montana bugs are something to deal with! They take two wipes to clean off the helmet face shield, and I have bug slim from one end to the other on my jacket an pants.
The smell of pine, and the coolness in the air, changed to the sweet smell of hay fields. I found myself wondering why they call this the, “Big Sky” state. Is their sky bigger than say … Idaho’s? I’m no sky expert, but I couldn’t tell the difference.
I told you they cover everything with chocolate in Montana!
What's with all the squirrels?
Did you know Idaho gals like their spuds LARGE?
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Comments
Anonymous says:
July 23, 2010 at 5:43 pm
You are to quick to judge Idaho for the short time you were there. ( hours not days) Did you see Northern Idaho…Lewiston etc.
July 23, 2010 at 7:05 pm
Well, no… Between this trip and the trip before, that would be 4 nights in lovely Idaho and nearly 1500 miles dedicated to the state. On average, if don't like it in say… A thousand miles… Well then I get to say so… You can't everywhere. Right now, I'd say… I don't care for Idaho. But I dont care for AZ, most of Texas, all of the Midwest, and probably Nevada… I'm still judging that state.
Ice Gal says:
July 24, 2010 at 11:53 am
It's all good, but huckleberrys rock!
July 26, 2010 at 7:24 pm
Last summer we went to St. Ignatius in the Mission Valley and hung around Polson, Ronan and Flathead Lake. I could live there. And the trip through Glacier National Park is a must see. I think the reason they call it "Big Sky" is because they get a lot of sun and so you can see a lot of sky.
My name is Erin. says:
May 19, 2011 at 6:41 pm
My daughter was born in Polson. Her first house was right on Flathead Lake. Here are a few photos taken from my step-mom's house just outside of Polson overlooking the lake.
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How can there be seven trumpts sounding during the tribulation AFTER the LAST trump is sounded when the rapture takes place at the beginning of the tribulation? How many "Last" trumpets can there be?
Ukelemike, I studied prophecy back in 1998. I am very rusty. The "catching away" caught my attention. I don't understand where you are going with this scripture. It sounds like a twist of words on the subject. Like I said, I spoke with my IFB church in Bible study and prayer, one Wednesday night, and told my brothers and sisters in Christ, that I knew of an IFB who didn't believe in a pre-trib "rapture." My pastor was shocked, especially when I said he was an IFB preacher.
All posts like this due is fuel the Calvinists with their warped theology on preterism. Sometimes, I have to wonder if I am still on an IFB site. It is totally confusing.
I feel like a gerbil on a treadmill. OB, with it's varying opinions, make me so thankful that I attend a strong IFB church and can fellowship with like-minded believers. I am also not the only one who feels this way. Many former OB members are on Facebook and have no desire to come back to OB.
Like I stated, I don't have a prOBlem with people who come on OB from different faiths to learn more about the word of God. What I do mind is people who constantly promote false doctrine like "replacement theology" and nothing is done about it. It appears they have now formed a little group, for moral support, and are thriving b/c their heresy has been accepted. I will no longer talk about the "rapture" as it does nothing but cause prOBlems. You believe what you believe and I will hold to the position that I have held since 1998.
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Posted April 24, 2014
Location: PNW
Posted April 24, 2014
Forums are places of discussion. And a variety of views will be presented because there are a variety of people on them. Who look at scripture in a variety of ways. There have been IFB for years who have believed in mid-trib and post-trib raptures, as well as pre-trib (the predominant view) and double raptures (pre- and mid-). I'm not really surprised by much that people believe - especially IFB.
In one of my college classes, we were discussing prophecy. The president of this college was a good friend of Ian Paisley's, but did not agree with him on prophecy and infant baptism. Paisley is a mid-tribber. Anyway, the teacher in that class was showing us why Paisley was wrong in his trib beliefs - using the verses IP uses. As we walked out of that class, I told another student that if I weren't convinced in my own mind in a pre-trib rapture, it would have been easy to sway me to believe in a mid-trib rapture. That was absolutely not the effect the teacher was going for, but it was a result of looking at scripture the way a mid-tribber does.
That said: we all need to be convinced in our minds and hearts of what we believe, and it has to be grounded totally in scripture - rightly divided. If we are not, a forum can simply mess us up. And, while we are convinced in our own minds, if we are to be biblical, we must refrain from the type of confrontation that is conflict for the purpose of conflict (which many often use and claim it to be a defense of the "faith").
Verses can be applied in a variety of ways, prompting a variety of beliefs around that same topic. Is it heresy? Well, we need to be careful of flinging that word around. It's been applied on the forum lately like a battering ram. Folks who don't agree with other folks on one little thing claim the others are heretics. And vice versa. Yes, there is real heresy presented at times. But often the label is given because the labeler can't think of any other way to erm, uh - undermine the other person's point of view. We all want to be right (and I always am... NOT!). But that doesn't make anyone who disagrees with us heretics.
And before I'm accused of moral relativism, just stop and think about what I've said, folks. Jesus tells us "By this shall all men know that ye are my disciples, if ye have love one to another." Yes, I know. Some folks think that blasting at others to browbeat or sarcasm them into agreement is defense of the faith and thereby love. But it isn't. We can be firm without being OBnoxious...
Look at some of the things that have been thrown around the forum lately. Some of the wording, attitude, etc. Some adults on here sound like children. And I guarantee that you wouldn't allow your children to speak to each other in that manner. Well, not if you're a good parent, anyway. But it's justified on here in the name of defending the faith... Look at that verse again. "Love one to another."
Not for another. TO. We can have love for someone and treat them awful. As has been done multiple times on this forum of late. OR we can be active and proactive and OBey scripture. TO is an active preposition, for is not.
Let's show love to one another. Yes, be firm in your stance. Support your position with scripture. But do it scripturally and not like a recalcitrant child would do.
It's not my intention to ruffle feathers, but if I have, so be it.
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Posted April 24, 2014
Location: NE California
Posted April 24, 2014
Ukelemike, I studied prophecy back in 1998. I am very rusty. The "catching away" caught my attention. I don't understand where you are going with this scripture. It sounds like a twist of words on the subject. Like I said, I spoke with my IFB church in Bible study and prayer, one Wednesday night, and told my brothers and sisters in Christ, that I knew of an IFB who didn't believe in a pre-trib "rapture." My pastor was shocked, especially when I said he was an IFB preacher.
All posts like this due is fuel the Calvinists with their warped theology on preterism. Sometimes, I have to wonder if I am still on an IFB site. It is totally confusing.
I feel like a gerbil on a treadmill. OB, with it's varying opinions, make me so thankful that I attend a strong IFB church and can fellowship with like-minded believers. I am also not the only one who feels this way. Many former OB members are on Facebook and have no desire to come back to OB.
Like I stated, I don't have a prOBlem with people who come on OB from different faiths to learn more about the word of God. What I do mind is people who constantly promote false doctrine like "replacement theology" and nothing is done about it. It appears they have now formed a little group, for moral support, and are thriving b/c their heresy has been accepted. I will no longer talk about the "rapture" as it does nothing but cause prOBlems. You believe what you believe and I will hold to the position that I have held since 1998.
I can appreciate where you are, Candlelight. I held to the pre-tribulation position since the early days of the 1970's. But even then, there were aspects to it that mildly bugged me, things it seemed were being kind of pushed to the side and never dealt with.
You know what? I am going to start a psot in this-not to fight or to try and convince anyone of my position, but more to lay out my journey, if you will, to being where I am today, very IFB, but particularly happy about the "I" (independent) part of the title. I will title it, "Why I Left Pre-Trib" or something like that.
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Posted April 24, 2014
Posted April 24, 2014
HC, so you don't believe that "Replacement Theology" is heresy? I have said this before, but I feel like I am back in the RCC with the Calvinists on this site. And, they DO NOT know how to "rightly divide the word of truth." They should be labeled as heretics, b/c they are spewing false doctrine, from the depths of hell. Yet, they continue to get away with this garbage on an IFB site and the rest of us are told that we are being contentious? There is something seriously wrong with that. Not only do former IFB's on Facebook not want to come back to OB, many on this site are not posting b/c of this nonsense. It must be stopped. It is not Biblical. I was contacted by a young man, on Facebook, who goes to a non-denominational church. He is hungry for the word of God. I was thinking about recommending this site to him, but thought again. I certainly would not want him to pick up any false doctrine on this site. The dogma that is spewed all the time by the Calvinists should be taken to CARM, where they would be welcomed with open arms.
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ASongOfDegrees
Posted April 24, 2014
ASongOfDegrees
Posted April 24, 2014
How can there be seven trumpts sounding during the tribulation AFTER the LAST trump is sounded when the rapture takes place at the beginning of the tribulation? How many "Last" trumpets can there be?
The last "trump" is the SOUND a trumpet makes. It does not mean "the last of seven trumpets".
Therefore, the rapture will take place after the last "trump" of a trumpet while the Second Coming will follow the last or seventh trumpet.
Notice in I. Thess. 4:6 where it is compared with the "voice of the archangel".
Also, in Revelation 4:1 where God's voice sounded like a trumpet and then John was told to "come up hither".
This is a trumpet that "trumps" before the tribulation. It has nothing to do with the seven trumpets at the end of the tribulation.
trump2 [truhmp] Show IPA Literary.
a trumpet.
its sound.
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Posted April 24, 2014
Posted April 24, 2014
31 And he shall send his angels with a great sound of a trumpet, and they shall gather together his elect from the four winds, from one end of heaven to the other.
52 In a moment, in the twinkling of an eye, at the last trump:for the trumpet shall sound, and the dead shall be raised incorruptible, and we shall be changed.
16 For the Lord himself shall descend from heaven with a shout, with the voice of the archangel, and with the trump of God:and the dead in Christ shall rise first:
17 Then we which are alive and remain shall be caught up together with them in the clouds, to meet the Lord in the air:and so shall we ever be with the Lord.
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Posted April 24, 2014
Location: NE California
Posted April 24, 2014
The last "trump" is the SOUND a trumpet makes. It does not mean "the last of seven trumpets".
Therefore, the rapture will take place after the last "trump" of a trumpet while the Second Coming will follow the last or seventh trumpet.
Notice in I. Thess. 4:6 where it is compared with the "voice of the archangel".
Also, in Revelation 4:1 where God's voice sounded like a trumpet and then John was told to "come up hither".
This is a trumpet that "trumps" before the tribulation. It has nothing to do with the seven trumpets at the end of the tribulation.
trump2 [truhmp] Show IPA Literary.
a trumpet.
its sound.
So what will the other trumpets do, quack? I suspect the seven trumpets of revelation will "trump" as well. So that means a trump before them can't be 'the' last trump.
So again I ask, how many LAST trumps can there be? I suspect, having some small understanding the word 'last', that, like Highlander, there can be only one.
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Posted April 24, 2014
Location: I'm a West Aussie
Author
Posted April 24, 2014
So what will the other trumpets do, quack? I suspect the seven trumpets of revelation will "trump" as well. So that means a trump before them can't be 'the' last trump.
So again I ask, how many LAST trumps can there be? I suspect, having some small understanding the word 'last', that, like Highlander, there can be only one.
Mike, that is a very narrow view of the word.
In a motor race for instance, is the guy who was last in the last race the last guy ever to come last? Or will there be another race next week in which someone will come last?
Last does not always mean last ever - it could be last of a particular set.
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Posted April 24, 2014
Location: I'm a West Aussie
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Posted April 24, 2014
Forums are places of discussion. And a variety of views will be presented because there are a variety of people on them. Who look at scripture in a variety of ways. There have been IFB for years who have believed in mid-trib and post-trib raptures, as well as pre-trib (the predominant view) and double raptures (pre- and mid-). I'm not really surprised by much that people believe - especially IFB.
In one of my college classes, we were discussing prophecy. The president of this college was a good friend of Ian Paisley's, but did not agree with him on prophecy and infant baptism. Paisley is a mid-tribber. Anyway, the teacher in that class was showing us why Paisley was wrong in his trib beliefs - using the verses IP uses. As we walked out of that class, I told another student that if I weren't convinced in my own mind in a pre-trib rapture, it would have been easy to sway me to believe in a mid-trib rapture. That was absolutely not the effect the teacher was going for, but it was a result of looking at scripture the way a mid-tribber does.
That said: we all need to be convinced in our minds and hearts of what we believe, and it has to be grounded totally in scripture - rightly divided. If we are not, a forum can simply mess us up. And, while we are convinced in our own minds, if we are to be biblical, we must refrain from the type of confrontation that is conflict for the purpose of conflict (which many often use and claim it to be a defense of the "faith").
Verses can be applied in a variety of ways, prompting a variety of beliefs around that same topic. Is it heresy? Well, we need to be careful of flinging that word around. It's been applied on the forum lately like a battering ram. Folks who don't agree with other folks on one little thing claim the others are heretics. And vice versa. Yes, there is real heresy presented at times. But often the label is given because the labeler can't think of any other way to erm, uh - undermine the other person's point of view. We all want to be right (and I always am... NOT!). But that doesn't make anyone who disagrees with us heretics.
And before I'm accused of moral relativism, just stop and think about what I've said, folks. Jesus tells us "By this shall all men know that ye are my disciples, if ye have love one to another." Yes, I know. Some folks think that blasting at others to browbeat or sarcasm them into agreement is defense of the faith and thereby love. But it isn't. We can be firm without being OBnoxious...
Look at some of the things that have been thrown around the forum lately. Some of the wording, attitude, etc. Some adults on here sound like children. And I guarantee that you wouldn't allow your children to speak to each other in that manner. Well, not if you're a good parent, anyway. But it's justified on here in the name of defending the faith... Look at that verse again. "Love one to another."
Not for another. TO. We can have love for someone and treat them awful. As has been done multiple times on this forum of late. OR we can be active and proactive and OBey scripture. TO is an active preposition, for is not.
Let's show love to one another. Yes, be firm in your stance. Support your position with scripture. But do it scripturally and not like a recalcitrant child would do.
It's not my intention to ruffle feathers, but if I have, so be it.
The only issue I have with this is the inconsistency.
(And I know it is hard).
This most recent SDA guy was not mean nor abusive in any way - yet was banned simply because he was defending his position.
Yet there are some here who have been contentious, mean, attacking, and bullying, and at most they are told to settle down, and often allowed to simply roam unhindered, apparently because they call themselves baptists.
There are threads I won't post in now because I can't be bothered fielding the flack these people will give me.
They win. There is no opposition to their lies not because they are right but because they get away with it.
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Posted April 25, 2014
Location: Mississippi
Posted April 25, 2014
DaveW...that SDA guy was banned from this forum twice...once as AWHN and then as banner over me was love. It is OBvious he was spamming his false SDA doctrine and came back on here under false pretenses. He wasn't just "defending his position".
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Posted April 25, 2014
Location: I'm a West Aussie
Author
Posted April 25, 2014
DaveW...that SDA guy was banned from this forum twice...once as AWHN and then as banner over me was love. It is OBvious he was spamming his false SDA doctrine and came back on here under false pretenses. He wasn't just "defending his position".
I know who and what he is, but the fact remains that he was this time participating in a civil and reasoned discussion. It most certainly was going to go the way of the previous - there is no doubt of that - but at the time he was banned the discussion was civil.
Contrast that with the actions of some on here and the bullying that has gone on and still does.
Inconsistency is what it is.
There are some here who promote false doctrines just like that guy, but they do it with spite and false accusations and misrepresentations and LIES, but because they CLAIM to be IFB - or not in some cases - they are allowed to continue along their merry, bullying ways.......
The mods have a really difficult jOB, but right now I think it is overwhelming them to some extent.
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Posted April 25, 2014
Location: NE California
Posted April 25, 2014
Mike, that is a very narrow view of the word.
In a motor race for instance, is the guy who was last in the last race the last guy ever to come last? Or will there be another race next week in which someone will come last?
Last does not always mean last ever - it could be last of a particular set.
Well, we ARE talking, generally, on the subject of "The Bible Only", right? The Bible says, its the last trump. It doesn't qualify that with any other description, as in, the last of the feast of trumpets in 2020, or the last trump of the seven or the last trumpet trump made by Sachmo-it just says, "the last trump." As such, to assume anything else, ESPECIALLY when a major set of events in the last days is seven major heavenly events which are associated with trumpets (trumping, I assume), there is every reason why it would be most natural to associate the last trump with the last trumpet sound mentioned in the Bible as part of the end of the world as we know it.. Anything other than this is mere conjecture.
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Posted April 25, 2014
Advanced Member
Advanced Member
Posted April 25, 2014
You've got to be kidding me, Invicta. Covenanter doesn't believe in the rapture of the saints. He referred to it as the "fake rapture" in many posts.
I would like to see where Covenanter said that..He may have said that the pre trib rapture theory was fake, but he has said that he does believe we will be caught up to meet the Lord in the Air. How could he believe any differently when that is what the bible says? However whjat the scripture does not say is that we will be caught up to meet the Lord in the air before the tribulation.
Besides, Calvinists aren't "rightly dividing the word of truth." When are Calvinists going to see that preterism is not a Biblical doctrine?
I don't know any preterists apart from Covenanter. Darby the inventor of dispensationalism was a Calvinist and was a futurist, so I can't see you point here.
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Posted April 25, 2014
Advanced Member
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Posted April 25, 2014
HC, so you don't believe that "Replacement Theology" is heresy? I have said this before, but I feel like I am back in the RCC with the Calvinists on this site. And, they DO NOT know how to "rightly divide the word of truth." They should be labeled as heretics, b/c they are spewing false doctrine, from the depths of hell. Yet, they continue to get away with this garbage on an IFB site and the rest of us are told that we are being contentious? There is something seriously wrong with that. Not only do former IFB's on Facebook not want to come back to OB, many on this site are not posting b/c of this nonsense. It must be stopped. It is not Biblical. I was contacted by a young man, on Facebook, who goes to a non-denominational church. He is hungry for the word of God. I was thinking about recommending this site to him, but thought again. I certainly would not want him to pick up any false doctrine on this site. The dogma that is spewed all the time by the Calvinists should be taken to CARM, where they would be welcomed with open arms.
That is a somewhat abusive post,
I know of only one preterist who is a 'Calvinist' so I do not know why you connect them together.
I have a friend who is a charismatic, and he is also a dispensationalist. So should I say that all sispies are charismatics? I don't think so.
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Posted April 26, 2014
Posted April 26, 2014
That is a somewhat abusive post,
I know of only one preterist who is a 'Calvinist' so I do not know why you connect them together.
I have a friend who is a charismatic, and he is also a dispensationalist. So should I say that all sispies are charismatics? I don't think so.
I would say that all dispys are choking on a charismatic gnat.
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Posted April 26, 2014
Posted April 26, 2014
That is a somewhat abusive post,
I know of only one preterist who is a 'Calvinist' so I do not know why you connect them together.
I have a friend who is a charismatic, and he is also a dispensationalist. So should I say that all sispies are charismatics? I don't think so.
This is from Ukelelemike's thread, that he opened up for discussion, on why he does not believe in a pre-trib "catching away."
"Without hijacking the thread, it may be helpful to explain my position & why I am here.
I was brought up in the church of England, where my understanding of eschatology was limited to the Apostles' Creed:
... he ascended into heaven, and sits at the right hand of God the Father Almighty:
From thence he shall come to judge the quick and the dead ....... The resurrection of the body ....
I was converted at 18 (1957), I read through the Bible & was introduced to an Independent Evangelical church a few days before I went to university.
I joined the Christian Union, attended their meetings, including prayer, & was baptised at the local Evangelical church in in the university town in December 57. The CU was present there, & that was when my wife first noticed me.
I did not know that the subject of eschatology was controversial, until students with their Scofield Bibles talked about the millennium. I asked my home Pastor, & he gave me "More than Conquerers" by Hendriksen, which dismisses the Preterist position, states the historical amil position - that NT Bible prophecy, particularly Revelation runs from Pentecost to the second coming. The book includes a Biblical critique of Scofield teaching. I accepted & agreed with what I read. My Pastor explained that the founder of the FIEC (churches & fellowships that had left their denomination to uphold the inspiration & authority of the Bible) was strongly premil, but on consultation the statement on the second coming was deliberately ambiguous.
The Lord Jesus Christ will return in glory. He will raise the dead and judge the world in righteousness. The wicked will be sent to eternal punishment and the righteous will be welcomed into a life of eternal joy in fellowship with God. God will make all things new and will be glorified forever.
After graduation & marriage, we moved to Southall & joined the local Evangelical church. After a time the teaching became strongly dispensational, influenced by a group who had joined just before we did, when their previous church joined the World Council of Churches. We left, & only rejoined when the church called an amil Pastor. For the next 20 years or so, my views were not challenged. In the 90s, I preached through Revelation from the amil historical viewpoint, using Hendriksen as my guide. The churches I attend hold to the amil position, not Preterist.
With the heightened interest in the last days - the popularity of "Left Behind" & such, I did take an interest in the detailed interpretation of eschatology, aided by my wife (of nearly 52 years), who took her degree in History & Theology. [My degree is in Chemistry.] I was also discussing these things on an Internet forum "Reachout Trust" which is concerned with heretical sects & questionable teaching - I met Invicta there. The late founder of the RT was strongly disp. That gave me what I believe to be a good understanding of all sides of the discusion, & led me into a "partial Preterist" position, whereby I believe OT prophecy is fulfilled in Christ & his redeeming work, that NT prophecy (Olivet, Thessalonians & Revelation) is largely fulfilled by the AD 70 destruction, & that in Christ the promises to Abraham are fulfilled - including Gen. 12:
2 and I will make of thee a great nation, and I will bless thee, and make thy name great; and thou shalt be a blessing: 3 and I will bless them that bless thee, and curse him that curseth thee: and in thee shall all families of the earth be blessed.
I further believe that the OT promises to Israel, national & land, include believing Jews & Gentiles as one redeemed people of God, who are called by the present Gospel, & will be perfectly fulfilled in the NH&NE when Jesus returns for resurrection & judgment.
Please don't allow the thread to be hijacked by replying to this post. I am simply telling you how I understand what I believe & teach."
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Posted April 26, 2014
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Posted April 26, 2014
This is from Ukelelemike's thread, that he opened up for discussion, on why he does not believe in a pre-trib "catching away."
Exactly. He doesn't believe in the pre trib "catching away", but then the church never did before 1800. He does believe that we will be caught up to meet the Lord in the air, which is what the scriptures actually say.
The pre trib view is false, and as one former dispensationalist wrote.
..........,we have here to do with a system of teaching which, whether true or false, is of the most radical sort. Hence if true, it is most astonishing that not one of the godly and spiritual teachers of all the Christian centuries had so much as a glimpse of it; and if false, it is high time its character were exposed and the whole system dealt with accordingly. And inasmuch as it contradicts what every Christian teacher, without a known exception, has held to be the indisputable truth of scripture concerning the gospel of God and the kingdom of God, it clearly belongs in the category of those "divers and strange doctrines," against which we are specially warned (# Heb 13:9). For it is undeniably "diverse" from all that has been hitherto taught the people of God, and it is altogether "strange" to their ears. This I deem worthy of specific emphasis, and hence would ask the reader to keep constantly in mind the fact of the absolute novelty of dispensationalism. For here is modernism in the strictest sense; and it is all the more to be feared and shunned because it comes to us in the guise and garb of strict orthodoxy.
The above writer also said in 1923, that the doctrine was brought to New York in about 1900,
From what I have been able to gather by inquiry of others (who were "in Christ before me") the new system of doctrine we are now discussing was first brought to the vicinity of New York by a very gifted and godly man, Mr. Malachi Taylor, (one of the "Brethren") who taught it with much earnestness and plausibility. That was near the beginning of the present century, either a little before of a little after.
And among those who heard and were captivated by it (for truly there is some strange fascination inherent in it) was the late Dr. C. I. Scofield, who was so infatuated with it that he proceeded forthwith to bring out the new edition of the entire Bible, having for its distinctive feature that the peculiar doctrines of this new dispensationalism are woven into the very warp and woof thereof, in the form of notes, headings, subheadings and summaries. There is no doubt whatever that it is mainly to this cleverly executed work that dispensationalism owes its present vogue. For without that aid it doubtless would be clearly seen by all who give close attention to the doctrine, that it is a humanly contrived system that has been imposed upon the Bible, not a scheme of doctrine derived from it.
Before 1800, almost all Baptists believed that the Pope is the antichrist, but after, the new teaching and Scofield changed all that.
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Posted April 26, 2014
Posted April 26, 2014
Spurgeon wrote some things worthy of reading on the matter of the "new teaching (as Spurgeon called it) of dispensationalism which he said Darby introduced. According to Spurgeon, if Darby hadn't been such a gifted orator few would have given this new teaching an ear. As it was, some people took to the new teaching almost entirely due to Darby's oratory skills.
In any event, it's interesting to read what a contemporary of Darby thought of the matter as it was occurring.
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Posted April 27, 2014
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Posted April 27, 2014
A slightly different aspect which has spoken around but not directly addressed.
There are those here who seem to be bold in proclaiming that they ONLY use the Bible to study.
That is fine, and it should be our primary source.
And any other material used should be carefully considered in many aspects, of course.
But if you reject all other material, then you are losing out on understanding and depth from the Scriptures that is not available without certain outside information.
IT DOES NOT CHANGE THE BIBLE IN ANY WAY, but can bring a depth and richness to understanding what the Scriptures say.
I read and study the Geneva Bible, (1560 edition only). It clarifies everything Baptists that I know preach and teach. In my opinion it is so much more clear than studying commentaries that are from modern preachers, and the text does not support baptismal regeneration, of which I have had mega discussions with the 'church of christ' cult. It plainly tells that baptism does not save at all.
So to say 'bible only'? Yes, mine has a built in commentary, from the one's who translated the text.
I know most here will disagree with my stand, but that is MY stand, and I do not expect anyone else to do anything other than stand on their own convictions. I try not to be antagonistic, especially since first coming on here and getting lambasted by 'mean and angry' brothers that showed NO mercy.
I regret starting out that way, but that is in the past, and I am trying to listen and learn more, and keep my 'conviction' somewhat silent compared to previously.
I have really enjoyed things since. I am learning bunches and hope I do not get banned for being the same type of Christian, but using the Geneva 1560.
Have mercy.
By the way, I ran out of likes! So many good things in this thread, except the arguing.
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Posted April 27, 2014
Posted April 27, 2014
Exactly. He doesn't believe in the pre trib "catching away", but then the church never did before 1800. He does believe that we will be caught up to meet the Lord in the air, which is what the scriptures actually say.
The pre trib view is false, and as one former dispensationalist wrote.
The above writer also said in 1923, that the doctrine was brought to New York in about 1900,
Before 1800, almost all Baptists believed that the Pope is the antichrist, but after, the new teaching and Scofield changed all that.
You ignored the whole point of my post, Invicta. Coevenanter is a "partial preterist" according to his testimony. That is not Biblical, nor does it "rightly divide the word of truth." Please re-read what I wrote. It is painfully OBvious that is the prOBlem I have with him, not what he believes in eschatology as far as the "rapture" of the saints. Convenater believes God is done with the Jews. And, you have taken it upon yourself to speak for him. "Birds of a feather..."
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Havent been on for years, but have been studying with Jews for Jesus weekly Bible Study which has been wonderful. Not sure any of your views on that group, but if you are from a Jewish background a great place to be grounded in the word and to learn.
July 20 · 0 replies
I am a researcher and writer at Watch Unto Prayer which I started 25 years ago. On this website there are many well-documented articles and audio programs by myself and other researchers whose ministry is to expose the endtime apostasy of the Church. Now more than ever Christians need information in order to identify and avoid the various deceptions that are in nearly all the churches.
My husband and I attended the IFB Bible Baptist Church of James Knox a couple of years ago. We left the church after we were informed by the assistant pastor that we were not allowed to express views to other members that do not agree with the views of the pastor and leaders of the church. We were not introducing heresy but expressing our views concerning the State of Israel. We had never been in a church which forbade private conversations on issues where there are diverse opinions. This we recognized as cultlike control of church members. To inform Christians, my husband, who is also a researcher and writer, started a website on the subject: Zionism Exposed: A Watchman Ministry.
May 12 · 0 replies
Jesus said:"I am the truth, the way, and the life. No man can come to The Father, but by Me."
April 11 · 0 replies
Brother Tony, I read your reply on Anderson, I know you all think I'm argumentative but, when you don't agree.....the first thought I had is, I wish you would introduce me to the guy that hasn't sinned, maybe David, that had a man killed so he could commit adultery, yet, he was & is a man after Gods own heart, or maybe Paul the guy that persecuted and had Christians killed, or maybe Richg or Kent H, or even you ! I used to listen to personalities also when I was younger but today and for some time, my only concern is, does it line up with scripture & to me its hilarious that you think "I'm in a fix" LOL, I interpreted what we've discussed perfectly, not because I'm smart, but because with an open mind to things of God, its an easy read.
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Episode Notes
Episode 15/26: Lying (Part 2/3)
© No part of this transcript may be copied or referenced or transmitted in any way whatsoever. Transcripts are auto-generated and thus will be be inaccurate. We are working on a system to allow volunteers to edit transcripts in a controlled system.
Alaikum and welcome to another episode of purification of the soul where we're discussing some of the characteristics that a believer must remove from his soul the bad characteristics and adding some good characteristics to him to his himself. We have with us in the studio, our usual guests, Brother Mohammed on my right. So now we have Ahmed
and we have grace.
Now in the last episode, we were talking about lying and about how apparent the sin is. And we spoke about we said that there are many occasions when people lie. The first occasion that we mentioned is lying about a Lost Planet Allah. Let's have a recap on that what is lying against Allah? What does it mean to dimension things about the
real really that doesn't exist? Not true. Although we have no knowledge of and therefore may be incorrect. Yes. And so for example, you know, worshipping a lot I can use your brother in law.
I think that doesn't
come on the line against a loss of data, or speaking about a loss Dean allows religion on
the universe land without knowledge, how would that be the case?
If somebody asks, saying that, now Allah has made this permissible when he hasn't. Exactly and this is considered to be lying in Islam. So this is the greatest type of lie, the most severe type of like lying about a Lost Planet Allah and His messenger Muhammad Sallallahu sallam, and the Prophet sallallahu wasallam spoke about this, he said, Man, Casanova, la muthambi. Then forget about what MacArthur who did not have Okanagan that whoever intentionally speaks about me, they let him take his seat in the Hellfire in the fire. So this honey shows that it is absolutely Haram. Absolutely, categorically haram to lie about the Prophet Muhammad Sallallahu sallam. This includes attributing
something to him as a statement, or attributing an action to him. Now unfortunately, many people fall into doing this grave sin when they even sometimes they want to either encourage someone from doing good or prohibit them from doing something bad. And although the intention may be good, what they should know is that they're actually incurring the Wrath of Allah subhanaw taala by lying about the Prophet Muhammad Sallallahu sallam, and they're preparing their own seeds in the hellfire. Why is it that people would like and
there could be enemies of Islam who want to change. This is one example. There could be enemies of Islam who actually want to change the religion of Islam. So, they make up and fabricate Hadith, pretending that they belong to the Prophet slicin that the prophet SAW Some said you could even use the same example there will be people who who are trying to make a good in religion and therefore they will say professors have said so and so on. So when that is not the case, let's have an example. first and then someone will say if you do this, you will get this and this reward. Yeah, if you do such and such act of worship, you will get for example, you know, such and such a reward in
the paradise could even be a good action like praying,
you will get no such and such reward here. And this could be on two types. You could either attributed directly to the Prophet sallallahu Sallam by saying the Prophet sallallahu Sallam said this, and this is obviously totally wrong. And the person is incurring the Wrath of Allah subhanaw taala. But also one could just say if you do this, you'll get this reward. This is lying about Allah.
So we have lying about a lot and lying about the prophet SAW. Someone may argue he might say, well, if I lie,
if I make up a hadith to encourage someone doing an act of worship, something good, a good deed, well, why is that wrong? Why Is that wrong? Because I'm actually doing something good by encouraging them to do an act of worship, like praying, like fasting, like playing soccer, like doing like going for jihad, like, you know, and all the other various good acts of worship. Someone might say, if I make up these rewards, and attribute them to the product size, and while it's going to encourage people, everyone can easily control so that the scenario is complete. machinery has complete polyoma are committed to Lancome Dena company.
So as I have today completed your religion, your religion of Islam, what month to La mattina have perfected upon you, my Nana, my blessing. What are the two luckmann Islam Medina and I have chosen for you Islam, and I've been pleased with Islam as your religion, your way of life. So since the religion is complete the Prophet size and and whatever he said, that's enough for us, whatever is good processing has told us Yes, whatever is good the Prophet sallallahu Sallam would have told us because if a person he lies about prophets in the lives of not only is incurring the Wrath of Allah, because he's lying about the profits of love Islam, but actually he's inventing things into the
whoever introduces into this way of hours into this affair as that which is not from it, it will be rejected. So it's lying upon the messenger. And the law is that
the scholars differ about this. However, what they all agree on is that it is at least at the level of major sin. Now there's enough in the authentic collection of Hadith, to warn against anything Haram, and to discourage doing or sorry to encourage doing anything good. So a person should be very careful to ensure that when he attributes something to the Prophet sallallahu sallam, it is found in an authentic hadith. So that's one occasion or there are two occasions where people lie against white people like one line over Allah, lying about a lot and lying about the Prophet Muhammad. So
another common occasion, when people lie is when they are trying to sell some merchandise, they have an item they want to sell it. And so is Britain reported that the Prophet sallallahu Sallam said the businessmen or the traders on the sinners, it was said, O Messenger of Allah, didn't Allah allow trade? He replied, Yes. But they take old and then sin by breaking them, and they speak, and then lie, and lie. So this shows very clearly that unfortunately, in the marketplace, in business, many people lie.
How could this be the case? versus one could say that?
I want to sell you this laptop. It's in perfect pristine condition, when in fact it's not and then they may have some defects in it. Yes, and this would be vicious. In Arabic. This is called official concealing the folds of one's merchandise. The Prophet sallallahu Sallam said about this manifest Shana felician, whoever okama called whoever
he whoever deceives us is not from us. It's not from us. How else could this be done?
00:07:51--> 00:08:35
example, you know, a trader would say, well, Ah, here this, I bought this at this price. When he hasn't, he bought for a much cheaper prices. So here he's combined between swearing by Allah taking an oath by law, which they had mentioned, which is not true, just false. And also He's lying. This is another example where lying is in business in the same way, people who provide services, and they don't fulfill what they said that they're going to do. Again, it's like, I'll do this, this, this, this when he knows that there's no way he can do this, this, this and this, and that. So it is obligatory upon the seller to inform the buyer of any defects if there is any deficiency in the
00:08:35--> 00:09:15
merchandise, but some people might say, Well, you know, if I tell of these defects, nobody's going to buy it at the price that I want. How would you respond to that? That doesn't deserve to be sold at that price? This is from Islam, to be honest. So one must be honest, even if it means that you'll produce one result. Yes, that's right. One has to be honest. And likewise, once you look at the other person's point of view, he's gonna buy some merchandise just like you when you buy merchandise, you don't want the other person to sell you deficient merchandise, you want it to be in good condition in the end, or at least you want to know about its deficiencies before you buy. So
you can price price it right you can judge the right price. So it works both ways. Islam comes in it deals for the benefit. It solves the problems for the benefit of all people. It doesn't just look at one person's greed. Surely an honest trader will have more blessing in is That's right. That's not the point that it's been experienced that a person who is honest in his trade, and inshallah he will find that he will have more repeat customers. For example, people know that he's not a false, you're a liar and so on and so forth. another occasion when people lie, is to joke and make people laugh. The prophets lie Selim is reported to have said woe to those who speak and lie to make people laugh.
So well.
To them, both of them. I mean, an example of that is when someone hides another person's shoes. And this is explicitly mentioned in what he's hiding someone's shoes saying, Hey, I don't know where they are. Why? Because in this scenario, the person doesn't actually know whether the person is telling the truth or not. There are occasions where,
00:10:21--> 00:10:30
where one can hide the truth without explicitly mentioning it. And we'll talk about that more after the break in charlo. Todd
Moscow has a program, which aims to answer your questions about your deen your faith, your way of life, this course, is Islam, this is a totally different price, but I divided the payment over this period of time. And the seller is the person or the firm which owns it mature by this condition. This whole business transaction is
We were talking about lying and how it's such a despised sin in the religion of Islam. Actually, in some religions, lying is actually allowed, or in some, some people they think that to lie, in order to conceal their religion, in fact, and they call it topia, they say this is allowed as a slum, no, we cannot lie in these situations at all. Now, we let us have a look at some examples of consequences of lying. Why is it that Islam has prohibited lying? Let's have some consequences of like real life examples, real life examples,
where somebody might have lied, and that led to something bad. Yeah, it may have led to, for instance, may have led to that person's reputation being completely damaged. We've got an example for this. Yeah, actually, when I arrived in Egypt, I wanted to buy a SIM card,
a SIM card, telephone, telephone SIM card, so ended up going to the shop. And then I said, Okay, I want to buy this and this, and the person showed me, okay, this is very good. Buy this. And then I ended up paying 270 Genie genies for when in fact, it's only worth 30.
At least something happened to me similar in Egypt as well. So because of that, I want a lot of people for buying from that. And that would be great for me. So when you want other people so the guy instead of his things, he made a quick buck, if you like, there's lots of lots of trade, similar thing happened to me when I paid much, much more for a service where I should have paid much less Yes. Do you have any
00:13:27--> 00:14:09
one that can maybe have even more serious effects is that for example, person he wants to you want to look important, or he wants to gain some benefits. So for example, now he goes to the police, and says, You know, I have some, I have some information, I can help you, you know, such and such person, you know, he's a criminal, he does such and such bad things, you know, you know, watch out for him, you know, investigate him. So maybe based on what he likes, just to really not, yeah, a criminal. Yeah. So, you know, just to look important in front of the police, or just to, you know, raise his profile. And maybe the police can take drastic actions against that person. Yeah, you
know, they may raid his house, they may, you know, and returned to this country. And there's many examples of this. You know, where the person's life has been ruined just because a person has lied against him. Okay, imagine how's the person gonna answer
with this and this is quite an extreme example of where lines lead to something really bad. Again, it happened to be I was buying a product and I bought it at a certain price. And I saw the same product but one of my friends and I asked him what price it was, it was less much less than the price, the price I bought it at. And then we decided that we we one go and buy things from such a person who says things at a higher price. I mean, it is up
As, as Mohammed said, it's the man's reputation. And it was once and for all, I mean, lots of people, we told our friends, and we kept on telling them that this kind of man is selling expensive things or things that
are not that price. And the worst thing about it is that, for me, I'm sure it was for the rest of us is that we put our trust in him because he's Muslim. So we
take them, the guy said it based upon his statement, you bought it? Yeah, I mean, it's quite common. Unfortunately, something that really we do need to purify ourselves wasn't on this insha Allah. So it's very important to avoid this kind of lying.
But I think one way of dealing with this kind of situation is maybe going back to that person and saying, because you told me this, I've won 10 people against you, I've given them now see how we looked in a previous episode about when backbiting is allowed. And one of them is to warn the Muslims from the bad consequences of or the evil of a particular individual. So it might be good to actually go back to the person who sold you that merchandise, and say, Well, actually, if you remember us, you said to me, that it's worth this much. And based upon that word, I bought it. And I found that it's not worth this much.
I actually went and told 10 people about this, and they've told other people so and this maybe will encourage them from doing this again, from from not doing this again, inshallah, let's have a look at some other experiences that people have had with regards to loan. Well, if you lie against God and His Prophet, then people would assume that what you're saying is true. And it's not. And that would give you false silver, serenity, and will cause an ad will make people believe that what you're saying is true, and will believe in you. And you can guide them in whatever, whatever direction because you're assuming that you're that you're the Messenger of God, while you're not.
00:17:00--> 00:17:27
God is not talking to you, actually, anybody can say, can interpret God's words, but no one really knows what God's God wants, because he's got and where people, if anyone gonna lie to a person, he should be punished, but not not in life, he can maybe in the, in the afterlife? Well, I think it's a major sin. Because if you're sitting as part of it goes against all known virtues for people.
So not all religious persons have to lie. But not everybody in general lies. But if you lie, it's against it's it means that you're not well raised, or you have an issue about something or you're afraid of something, it doesn't mean that your or it means actually that your religion is not, your relation with God is not that strong. Because if your relation with God is strong, you don't really have to lie. Yes, it's a major sin because it can cause breakups or disasters among people in the world, for our beloved ones, as well.
00:17:58--> 00:17:59
That can affect a person.
Another instance, where people lie a lot, is something a bit more hidden, something not so clear cut. And that is by reporting everything that one has. And this is because the person, he not only his truth, but he also has forced
a person in and of themselves may well be trustworthy. He might be a person who always tells the truth. But maybe somebody in the line of narration is not telling the truth. So if he doesn't verify the information that he has before spreading it, then he'll end up speaking falsehood as well as truth. And this is why I will forever have the Allahu anhu reported that the prophets Allah said, it is sufficient to attribute to a person lying, if he narrates everything that he has, and this hadith in Sahih Muslim is sufficient to attribute to person the quality, the bad quality of lying, if he narrates everything that he has, let's, what why, why is that the case? One should make sure of
every single thing that that knew about. I mean, a person has committed to whatever he says, I mean,
you're not sure. When when you hear someone is talking about something, and you say you want you went on reporting it.
It might be it might be false. After all, we've seen a devastating effect on that. In one of the lives in the lives of one of the female companions of the province of life, knows
the wife of the Prophet sallallahu sallam. When she was young, she was a girl of about 15 years of age. Somebody came and they were on an expedition they were on an expedition. Now in those days they would sit, the females would sit in what is called the hold edge, and how the edge is like
Little, like little tent if you like, which is put on top of a camel. It's like a little seating tent, which you put on top of a camel. And some of the women would would sit in there while the rest of the companions would be one one person would be taking the camels nose, for example, walking and so on, so forth. So the prophets hanselman was busy in this particular expedition.
So one of his companions was was, you know, leading the camel of eyeshadow, they love Anna, she was obviously in covered in this tent.
She, they stopped for a break. And I showed the loved one how she said that we only used to eat one or two morsels of food a day I can.
You know, it gives us some insight about their life. They didn't used to stuff their faces with, you know, two, three, excuse expression, two, three meals a day, as we do, but just a few morsels of food every day. And so she said that I was very thin, I was very, you know, light in weight. She got off the camel. And she went off to
relieve herself. And of course, in those days, it didn't necessarily have bathrooms that didn't have bathrooms away we have. So she they used to go for and pause this tool or the urine, and then come back. And I showed the logo on her. She went, she came back but then she forgot that she she forgot her necklace. she'd lost the necklace. And the necklace was only made of you know, it wasn't made of gold or silver. It was made of any material that isn't even worth much. But this is another quality of the Sahaba they would never waste things. And so she went back she didn't want to lose something like this. It was precious to her, even though it wasn't worth much in financially for like
she goes off to look for the necklace. She comes back and the caravan is gone. Now in this hoodie, I shot the love on her herself. She's narrating this heading. And she says and look at this, the beauty of her character. She says the people
they went off and perhaps it was because we weren't light. We weren't very heavy. So he didn't realize the person who was leading the camera. He didn't realize that I wasn't there. So she makes an excuse for him. She didn't curse him or criticize him. So no, they went off. So they went off. So she said okay, I found out I realized that inshallah they'll come back Oh, they realized that I'm missing. So I went to sleep. And this is another very important thing. She's in the middle of the desert. And she's just she's probably very scared. But yes, she's she's only 15 years old.
But yet she's she simply goes to sleep she's not you know, she has trust in a Lost Planet Allah, just full trust in Allah subhanaw taala. Now, in this scenario, what happened was, one of the companions of the Prophet SAW I saw them came. And so I showed her love and her lying there now is as we know, she used to wear what is known now as a face covering. But because she was sleeping, she had it up. So this companion recognized her, how did he recognize her? Because he had seen her in, he had seen her before the ayat of hijab revealed before the verses older and the women to cover their bodies and faces were revealed the verse of the Quran. So he this companion had seen so that's
how he recognized her.
And she said that I woke up and all I heard was this companion saying in Allah, he were in La raggio. That's all I heard. And I just got up and I followed him. In other words, she he got on this camel, she
stood on his camel or horse, I forget which one and they carried on walking. Now there was a lie that took place which you could imagine, based upon this incident, but inshallah in the next episode, we're going to come back to this incident, and look in a bit more detail about how this line affected or affected I shall do Allahu
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Would you look at your favourite jumper in a different light if you knew the exact sheep who provided its wool? Would you care for it differently if you could go online and watch that sheep wandering around a field in New Zealand? This, in a nutshell, is the premise behind Sheep Inc.
By drawing a direct line between the origin and the end product, the London-based knitwear brand is taking a novel approach to traceability, with the aim to ignite a deeper emotional connection to clothing. “We want people to understand that what they’re wearing comes from nature, and to remind them that it’s out there,” explains Alexander Lewis, head of design at Sheep Inc. After you buy Sheep Inc. jumper, you can adopt and name your sheep, watch it meander around a paddock and learn more about the brand’s supply chain from sheep to sweater. But how?
Every Sheep Inc. garment has a small circular NFC (near-field communication) tag attached to the bottom hem, which can be scanned using your phone. “The NFC tag is a design decision linked to the tags sheep have on their ears,” says Lewis. It’s become somewhat of a signature design detail for the brand, although the tag initially caused some confusion. “In the very beginning [October, 2019], the tags were our brand yellow, which is super bright,” says Lewis. “But we had people asking us if it was a security tag, or they thought that colour yellow meant it was hazardous in some way.” These days, though consumers are becoming increasingly familiar with tech woven into their clothing, the NFC tags tonally match the colour of the jumper, and are made from snap buttons for easy removal.
When it comes to educating consumers, NFC tags provide Sheep inc. with an opportunity to talk about their supply chains in an accessible and engaging way. It also allows the brand to explain certain sourcing decisions, like why their wool isn’t farmed closer to home. “We only use Merino wool that we source from three specific farms in New Zealand because they’re regenerative and carbon negative or neutral,” says Lewis. “There’s no farming here like there is in New Zealand, we can’t replicate that,” says Lewis. “You can see in our supply chain where the most carbon emissions come from, and it’s the farm. That’s why we have to work with farms that are regenerative, so that they’re not letting out all this Co2 without any recourse.” From New Zealand, the wool travels to Italy, where it’s spun into yarn by a mill run entirely on renewable energy, then manufactured using zero-waste knitting machines in Portugal.
Autumn Muster on Otematata Station, South Island, New Zealand.
“It’s not unusual to have sustainability rear its head around every thought process,” says Lewis. But does working to such strict eco-criteria feel creatively limiting? “I think you actually have more opportunity for creativity when you have strict guidelines because you have to really hunt for the solution, and you’re more creative about it,” he says. “The constraints of designing in a sustainably minded way are actually more interesting.”
Currently, the Sheep Inc. range is made up of six styles – four jumper styles, a cardigan and newly released beanie. This pared-back offering is due to the brand’s less-is-more ethos, an approach that has felt counterintuitive at times for Lewis, who has worked in the fashion industry for the better part of 15 years. “We’ve had to remind ourselves that there’s no need for us to bring out five new styles this season, we can just add one new style that adds to the collection instead of diluting it,” he says. “It’s a slower approach – if this was a fashion brand on [the fashion week] schedule, there would be more concern about getting things done on time. If something isn’t ready, we’re not going to be released, so it’s a much more sustainable approach to working.”
Since it’s inception, Sheep Inc. has been trying to create a truly genderless brand, but they’ve grappled with the complexities of garment construction. “There’s this cerebral notion of trying to create a genderless garment. At the end of the day, it ends up being a boyfriend fit, which is still gendered, so it’s a complicated space within fashion,” says Lewis. “Sizing and size inclusion is a really big frontier, and although we’re probably not going to be the ones to crack the code, or even shift the needle, it’s important for us to be hyper-aware.”
At only two years old, the brand is fast-moving and constantly looking to the future of fashion. With the potential for lab-grown leather and cotton to replace their natural counterparts on the horizon, it’s no surprise that Sheep Inc. have already started exploring the world of lab-grown alternatives to eventually replace Merino wool. “We’re discussing a shift from Sheep Included to becoming Sheep Excluded, and we’re definitely working on it,” says Lewis. “We’re looking at how to work with biopolymers and lab-grown wool, but it’s difficult to say we’re going to shift from 100 percent natural to 100 percent synthetic wool, it’d be incrementally done with blends.
Even the research and development process of making a sweater is long and drawn out, but when you start getting into something that’s at the frontier, there is so much unknown.”
From innovative new materials to traceability tech, Sheep Inc. really are at the forefront of a new wave of sustainably minded, forward-thinking fashion brands offering eco-credentials that they can back up. Lewis predicts it won’t be long before bigger brands jump on the bandwagon. “People have different visions of what qualifies as having “made it” and I think it’s when you’re knocked off by a bigger brand,” he says. “In a weird way, if a business came along and made all this fan-fare about how they were doing what we’re already doing, but as though they’re the first, that’s actually a really good feeling. It means we’ve done something right, and that’s wonderful.”
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The Heinrich Böll Stiftung maintains close ties with the German Green Party (Alliance 90/Greens) and as an institute for green visions and projects, we are part of an international network that includes partner projects in around 60 countries. Heinrich Böll's encouragement of civil society intervention in politics is a model for the foundation's work. Its primary task is political education in Germany and abroad to promote democratic will, socio-political commitment and international understanding. It is guided by the basic political values of ecology, democracy, solidarity and non-violence. The foundation is particularly interested in the realization of a democratic society as well as gender democracy. In addition, the foundation promotes art and culture as an element of its educational political work and as an expression of social self-understanding. Promoting democracy and protecting human rights, taking action to prevent the destruction of the global ecosystem, advancing equality between women and men, ensuring peace through conflict prevention in crisis areas, and protecting the freedom of individuals against the power of excessive state and economic - these are the objectives that guide the ideas and actions of the Heinrich Böll Stiftung.
We are a Green Think Tank
We promote democratic reforms and social innovation.
We work on ecological policies and sustainable development on a global level.
We provide space for the presentation of and debate on art and culture.
We transfer knowledge and skills from experts to political actors.
We provide a forum for open debate and promote dialogue between politics, business, academia, and society.
We support talented students active on socio-political issues both in Germany and abroad.
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We are part of the global Green network and promote the development of the Green political movement on all continents.
We focus especially on the broadening and deepening of the European Green movement.
We work actively for the development of a political European public.
We support the participation of civil society in politics and, within the framework of multilateral organisations, take part in conferences and negotiations.
We are active in Ecology, Democracy and Human Rights around the world
We consider ecology and democracy to be inseparable. We therefore support individuals and projects that are committed to ecology, human rights, democracy, and self-determination.
We support respect for the rule of law and democratic participation in all parts of the world.
We promote the abolition of conditions of dominance, dependency, and violence between the sexes.
We consider ethnic and cultural diversity to be an essential part of democratic culture.
We encourage civic and civil-society activism.
We train activists so that they can successfully self-organise and participate in political processes.
In the fall of 2021, the Foundation opened its new regional office in Tirana. The Foundation office in Tirana wants to create communities and spaces where new ideas can be discussed and developed. For this purpose, it brings together academics, activists, people of art and culture, as well as political and business actors with common interests. Our office aims to strengthen the ties between green actors in Albania and beyond, as well as to promote the engagement of civil society in the EU integration process.
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We haven’t been feeling all that nicely lately.. a bit sick.. though that isn’t unusual for us it really made writing a bit difficult, but hey at least I Chibi Pinkie got to catch up with a lot of games I needed to play. I really managed to get some progress in the Pokémon Masters game as well, and even though we haven’t completed the story yet i’d say I’ve played enough to give you a good first impression of the game.
For this review , no money will be spend on Pokémon Masters to see how playable it is without spending money on the game. Any money I might invest will be kept out of my verdict. For the story playthrough I will only use trainers I acquire through the game or that I farmed with free credits. Keep in mind though that should I have gotten any duplicates with payed credits it could level up my free partners so there might be a SLIGHT difference in difficulty. At the same time I will not tell you about my monetised pull because I can not do a lot of them, therefore until I see more online content about them (which I haven’t seen to much) there i no way to tell how lucky or unlucky I have gotten. I will not be reviewing the multiplayer.. right now the game is not available in my country so my friends don’t want to download it .. so I can not try it. I might bring that to the table in my re-review. Finally, even though there is a stigma on mobile games still, I will not talk about if this is a good platform. I will evaluate it like any other Gacha Mobile game as well any other Pokémon game but we won’t talk about if Nintendo should just focus on Switch of the sorts. Hence it will not be marked down for being something that promotes microtransactions as that’s part of its DNA.
In Pokémon Masters you “create” your avatar by picking a gender, hair colour eye colour and skin colour. Like in Pokémon Go the model of your hair is set, but unlike it’s older brother for now there is no way to customise your avatar further. The protagonist version of you, you just made travels by boat to the Pasio Region. Where the PML will be hosted. The Pokémon Masters League. A tournament where the great of the greats gather to compete to be the strongest of them all. However in Pasio , there are no wild pokémon to capture nor can participants bring their entire team of Pokémon. In Pasio you fight only with your partner pokémon. Since this would be unbalanced and the super effective typing would always win the PML is fought in teams however. PML teams can consist out of hordes of trainers but in official battles you can only fight three on three. So you will have to build creative teams from trainers and pokémon for each stage and setting.
Trainers and Pokémon share a four set movepool, with the Pokémon dealing damage and trainers being able to give out buffs or healing. After battling alongside each other trainer and pokémon have build up enough energy to unleash a devastating Sync Move, which to those in the know are basically a lot like Z-moves. The game tells its story in a almost visual novel like style, but very simplified, with some simple branching dialogue options here and there. You can encounter three types of stages. One being the story stages, your basic exposition scenes with dialogue options mentioned before. The combat stages speak for itself, you get one or two encounters to get trough and you just have to be the very best. The last type are the investigation stages. These are a bit of a mix of the two earlier ones, except you can look around freely on usually about 4 different screens to look for additional lore and some items. In doing so it puts on a much more cinematic concept compared to other gacha games. With a lot more focus on exploring facets of the pokémon world rather then just forcing you to pull as many units as you can.
With Pokémon Go being a simplified version of catching and raising Pokémon, this game can be described as a simplified version of the battling concept of Pokémon. It puts on a charming narrative with each stage providing a logical step in your trainers journey and a lot of fanservice…..in the nostalgic non lewd kinda way. It’s quite the happy little game that does drop the ball on some occasions. Badgeholders you defeat usually end up tagging along with you.. because there are others that hold the batch as well, and the rules of the PML would allow them to. That’s just odd to me. I mean I love Flannery in my team but I would have much rather seen for example narratives of Flanery trying to take Blaine down who was the gym leader and after you done so .. she decides to follow you. The fact that others hold the same badge just harms the world building just a bit for me.. getting a badge is no longer a sign of overcoming a challenge..but that you find the weakest gym leader. The fact that the story gives you free gathas (pulls) that are usually helpful in the next part of your journey though I can only be happy about.
By far the games strongest aspect is the atmosphere. Pasio is a beautiful place that comes alive through the spot on visuals and nicely remixed tunes. The Pasio Pokécenter is a place where you are going to spend a lot of time managing all your stuff. It’s design is neat and feels vibrant with all your collected team mates as well as people you battled showing up, with plenty of cute dialogues. tips pokémon lore and more. As a result your ‘home’ feels super comfy. For fangirls like me it’s a delight to see Whitney show up talking about herself being so cute, or Korina giving you an empowering speech. I do hate when Crasher Wake shows up though.. but that’s personal.. he is kind of intimidating and I got him in a free pull… now his swoll bod keeps blocking up my screen all the time as he shouts and laughs like a D&D dwarf. It’s not really a negative.. his personality pops out and I don’t really like it so he annoys me.. in a way he feels alive. Every character has these typical japanese style voice acting bits where they aren’t fully voiced but have ‘emote’ like shouts they usher at certain emotions. They also introduce themselves when you pull them and such. Because of that I do recommend everyone who played the games to use the english voice setting. Though not all voice actors are as good as the japanese ones it really doesn’t scratch the same nostalgia itch to see Misty introduce herself as Kasumi.. it doesn’t line up with the text either. The english dialogue is ..passable enough but taglines can get a bit annoying on extended play. Whitney and Rosa for example have higher star rates, and thus higher maximum levels, on free play it means you’ll use them a lot and Whitney’s : Ain’t I a cutie can get obnoxious when she tells it to you for the 46th time.
Of course you can choose not to read the dialogues in the center .. but they are often so cute and charming you’d be missing out.
The music is nice even if not very memorable, this to me is a good thing though. The game can be bit of a grind meaning repeating stages are bound to happen. I never got annoyed by repeating music throughout any of my grinds so that’s a good thing.
Though the story unfolds in a visual novel like style, the models are all 3d-ish models who can show a lot of emotions. Not just the humans but the pokémon as well. Little choices like how a pokémonon delivers it’s cry oftenly when their trainer talks about them makes the world feel even more alive. In fact it’s so alive that I’d say just talking to the trainers and finding out about the bond with their pokémon would be my favorite part of the game. DeNa the developer provided me with a perfect chance to enjoy this in the form of Sync Pair Stories. Cute little stories all over the island featuring the many characters and their most beloved pokémon in the pokéverse have gotten to know each other. Lucario is no longer a static pokémon that by level we know to be Korina’s ace.. no we learned that in the beginning they did not really get along that well at all because of Korina’s personality. We see Liza , one half of the psychic gym twins, miss her brother now being seperated for the first time but finding solace in her pokémon. Characters never feel reinvented these people we see moving and emoting now like we never saw them before we knew them already and this is not a new model wearing their skin they all keep their old personalities and their development. Barry is still fining people millions of dollars for each thing they do wrong in his eyes.. but now we find out why. The game presents everyone in nice and rich colours which make the pokémon blend in really well.
Now onto the negatives of the atmosphere, and note this is not a gripe to me, which is a bit difficult to explain. DeNa (I am not using the emote in the name because wordpress turns it into a smilie) clearly loves the POkémon games there is so much reference there is so much that is spot on from the games. Every single character IS the one you encountered in the games. Now for those who don’t know anything about pokémon this will result in the game having a lot of fluff dialogue. Barry saying that if you don’t show up in time he will fine you a million poké might sound serious or you’ll go like.. what the frizzlesticks is that blonde kid going on about. Flannery being shocked that she will have to face gym leader Norman is inconsequential. These reactions and dialogue arcs are catered too those who have played the games. While the main story is enjoyable to both old and new players this is definitely a legacy game and a lot of story elements are a lot better if you know the games. Secondly this game loves the games, not the anime or the manga.. but the main line games. This means Brock and Misty aren’t anything like the shouting red-head and the lovable goof you might have seen on tv. Brock is focussed determined and tactical, Misty is bubbly and happy and somewhat naive, she respects Blue though hates his arrogance. Brock and Misty are also designed after their more recent models so they don’t even look like their most know counterpart that much. For a lot of kids who saw the show or for those wanting to pick up Pokémon again this might seem a bit confusing. So as alive and good looking as this game is you REALLY need to keep in mind where it’s coming from, for those who really know nothing about the game should wonder if they should start with a LEGACY game.
Though apparently there were a lot of troubles for Android users, i can honestly say I never really experienced any trouble. While a little over halfway through the game I did not encounter majors bugs weird glitches or anything. My game crashed only once and that was on busy hours during an event. I found the game plays nicely, the controls are smooth and your input is accepted accurately and quickly.Technically it’s quite a solid game , though I wish some things would have been made differently. Most of these gripes are in the form of information provided towards the trainer. For example to upgrade your trainer’s stars you need items much like any other Gacha.. but unlike most of its peers never does an item state where or how you can get it. Other games I play like Dragon Ball Legends allow you to access stages to get required material with a single button press. You just select your character tab it to level and select the item you lack going straight into a mission after which you go back to the upgrade menu. Back in our game, if you want to upgrade Misty’s passive ability you first have to open your sync pair dex, select misty, click on the little plus to find misty’s role, back out go into the training stages, find the right training stage for her role that’s in a tab within a tab , grind it out, move towards the trainer select abilities, move to passive abilities and than purchase it.
The game however , half way in never even told me about these roles. They do tell you how to upgrade your attack, but never mention there is a second tab there , easily to overlook. When learning an offensive move.. the effect of the new attack is hidden until purchase. Now these effects are the same as in the main game so I am fine with that but I doubt every pokémon player in the world, let alone every pokémon masters player knows what the move close combat does. It means rookie trainers could spend resources into upgrading an attack that is not really worth it. Never is it explained that the burn stats halves strength stat of it’s target.. yet it does. There is a FAQ section and a trainer tip section in the menu to help you…but once again you are never told about them.
What they they do do right is how they communicate what pokémon to bring. Each stage has two advantages types. The most advantageous in the first slot the supportive in the second. If you follow the advise stages are quite passable. I intentionally played a bit worse than I could (not focussing on abilities I know would work well together but on what superficially seems okay) and the stages are quite clearable. Grinding is going to be needed but it’s kind of fun the game chose to not have an energy system .. so this actually feels like a game. It’s just a game that if you want to play it properly you might need to do some reading up on.. because the game doesn’t tell you a lot and from a kid friendly game we might not expect that.
Overall I find the gameplay enjoyable but to do this properly I will divide the gameplay in a couple of main aspects. Battling your way through the stories, interacting with other characters, leveling up and training and finally collecting new trainers. Incidentally there are also events. We shall discuss these one by one.
First let’s talk about the combat , the main selling point of this game. While I do not agree with the entire combat system I do feel it’s a rather unique interpretation that does feel like pokémon and trainer are battling together. It feels close enough to the core series gameplay while still feeling fresh enough. For example Dragonball Dokkan Battle is a bad game in this regard, it feels very little like dragon ball and the collecting itself feels like a main part of the battle gameplay. Though team members can sometimes boost each other and it might be smart to create synergy in between your trainers, it’s not always needed nor possible. Marley for example uses an Arcanine as her trainer and her abilities allow to boost everyone’s speed which is neat. Rosa is a grass type trainer who boosts everyone’s special attack. You would think these go well together but in truth not that much. Rosa’s special attack buff is neat.. but Arcanine prefers physical attacks , so he doesn’t benefit from her boost. Marley’s speed boost is not very effective alongside Rosa .. because she has the ability to cheer and energise everyone.. (which makes speed a bit unneeded) .
Even with their conflicting abilities however it can be advantageous to have both on your field due to type advantage.. or in some cases even with type advantage you are better off creating a different team because it’s really specially resistant or something. What I mean to say is, unlike most Gacha’s there isn’t a perfect team, the game encourages you to swap.
You can play with the highest rank trainers all you like.. if they lack the abilities or typing you need it might just be better to swap it out for lower levels. Yet the game never goes that brutally difficult that you can never bring your favorites either. Unlike plenty of other games in the genre
Battling works quite simple. On the bottom of your screen you have an energy meter which contains 4 , but upgradable in quantity , blocks. Each attack of your pokemon costs an amount of blocks to use. For example energy ball costs two energy and ember costs 1.
Each attack has a base damage and an effect, the higher the cost the more damage, or the better the effect. The speed stat of your pokémon determine how fast your energy bar fills. Trainers can use their actions without spending energy but each trainer action can only be used twice. These usually are items from the games in the first slot you get.. like potions. x attack/defence/etc (all or single) full heal’s or dire hits. The second upgradable spot usually holds a big boost like how Rosa can fully bring your energy meter to full. Opposed to normal pokémon, every pokemon only has one weakness, for you as a trainer they are set, for npc’s they can vary per stage. In one stage Swanna is weak to electricity in the other it’s weak to rock.. all so you can see different type of pokémon.. and softly urge you to make some pulls.
The alternating weakness is something I do dislike, Swanna in reality is quad weak to electricity, I do feel with 926 pokémon to choose from if you design a battle where they want you to fight with rock and grass, you pick pokémon whose primary weakness ARE that, not let you attack with better options available. I do get why they chose it to be this way as not every battle is just three pokémon but it does feel super weird to me when a swanna takes more damage from a Torkoal then from a Pikachu. Resistances do not exist. All in all it’s an adequate battle system that feels comfortable and simplified enough for new players, yet at the same time there is so much for the fan present in the other aspects that it feels a bit unnatural but that is only if you know the type system by heart…so in actuality it’s fine… this is just weird for fans like me.
Interacting with other characters is to me the most fun part of the game. People react like they should and are given the depth they lack. I love their stories and they are nice to follow. I do question some of the dialogue options you get though. At times people will ask you ‘Will you help me?’ sort of questions. The game decides to give you the possibility to answer at times but a lot of times they are only an illusion of choice.. quite obviously. ‘Will you help me?’ at times can be answered by either ‘Yes’ or ‘Sure’ alternatively. One might be read a bit more enthusiastically but in the end there’s a lot of choices like this. ‘Tell me how you met’ .. ‘so how did you two end up together?’ It feels a bit to samesy to me. I do know in Japanese there is probably more tonal distance but still. Ever since Nugget bridge your choices did not matter in a pokémn game so this might just be some odd wink. Other then an occasional odd eyebrow raise i really love this aspect of the game. Except for Crasher Wake… he’s so swole!
The leveling up and upgrade characters is done okay. It’s behind a bit of a grindwall, but an easy one at that. Experience quests give a lot of leveling up items, even on the easiest level. Need to raise a character too about level 50 is easily doable in a few minutes. From what I have seen so far the higher levels will never be painstakingly slow. Do note that I absolutely hate grinding so me saying this is definitely saying something. If you have still new characters to watch sync move animations with it can even be fun to knock some experience out. Like I said in technical thingies already though, finding the correct items initially can be a major slog. Trainers with a fist Icon need items from the Strike Course in training, trainers with the exclamation mark are those of tech quality and those who bear the symbol of a heart belong to the support role. Strikers get red tonics, Techies get green and Supporters get all the blue drinks. Grinding these out is less fun and not as fast. Finding enough megaphones (which bestow moves) can be even trickier. Though it requires some searching eventually you can easily overcome it and once your a bit familiar with it leveling up is kind of a breeze.. except from starring up. Which is a lot trickier.
Pulling for characters is a important part of every gacha game and doing that for free in Pokémon Masters is absolute Trubbish. This is where the game falters… BIG time. Daily Discounts ..are only available with PAID credits. Guaranteed Pull banners… only with PAID credits. Yes this game has paid and unpaid gems/credits for pulling. A decision I have mixed feelings about. I do not think it’s that bad of an idea to reward those who decide tro pay for your free game. In fact I’d be all for it if buying credits wasn’t as expensive as it is. A multi summon (10 scouts) is 3000 diamonds, mid game I gathered up a little over 5000 I’d say. To buy 3200 diamonds costs you 30 euro’s .. probably 30 dollars as well respectively. For 10 cards spend 30 dollars. Now truth be told.. undiscounted this is about the same as Dragonball Legends with the latter only being 3 euro’s cheaper. But we would not talk about money today.. grinding out the credits in the latter is a whole lot easier. Plus you can get the summon discounts on free credits. I played Pokémon Masters for a week.. and managed to pull a multi scout once.. alongside some single attempts on the Blue banner to find out. On my free banner, I managed to boost Whitney a Four Star a bit.. but other than that.. my free pulls were really bad. I spend a week.. only to make my Crasher Wake my most powerful three star. Swole….
In my re-review where I will come back to see how this game has developed in awhile I will discuss on if events add something. So far the game brings a lot to the table and definitely is in the running to be my favorite gacha in terms of gameplay. It’s the absolute winner in terms of charm and feeling and it’s quite a solid pokémon game. Would it not be for the low level cap on three star units and the lackluster information provided I would definitely love it… well there is one thing that makes me rank it down as well…as far as as a collection game… this one is the worst I’ve ever played. Gotta catch…just enough so I can finish the story.
Whoops got a bit carried away by this one! I mean.. uhm oooh no Crasher Wake made my post swole as well. There just was a lot for me to tell. Still I haven’t said everything I wanted to say…so if you play maybe we can be friends in the game! This blog was written on saturday but pain prevented me from finishing it. There was little news to report on anyway after my thursday post. Next week we are going to try a more liberal schedule for our content. You can expect to see a lot of Chibi Pinkie next week, a trainer profile about myself and a Sunday Special where I talk about lovers in Pokémon for OWLS. Hope to see you there.
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“No.” That was my dad’s response to the impatient anesthesiologist’s pre-op question, “Do you know why you’re here?”
It wasn’t exactly a year ago but I’m within a day or so. The old World War II pilot also known as my father took his last airplane ride. It was in an air ambulance, which delivered him to Detroit’s Henry Ford Hospital Hoosegow. He and The Commander arrived at the emergency room in the middle of the night and, if I remember right, that was the first of many times they encountered the A word. Alzheimer’s, that is.
I dunno. The old man did have his moments of confusion in the last few years. Jackets and shoes and boat books migrated to interesting places. Sometimes a second garbage night would try to weasel its way into his weekly routine. But he was almost 87 years old. And there in that urban E.R., he was facing down the excruciatingly horrific fact that his life, in one instant, had changed forever. One minute he was taking his daily hike down to the post office in the beautiful little northern city where he had lived almost his entire life. The next, he was on the ground, unable to get up. A man who had almost no experience with illness or infirmity or hospitals was incarcerated in a large, busy, noisy, urban hoosegow a five hour drive away from home. A man whose every instinct in life was to keep moving — walk, run, swim, paddle, drive, sail, ski, fly — was confined to a hospital bed, unable to move. And I think I’ve already alluded to the approximate number of light years he was from his home. In multiple dimensions.
Over and over throughout the ensuing three weeks, two surgeries, eleven days in the ICU, ad nauseam, various medical professionals asked about his state of mind. Did he understand why he was there and what they were asking him? Most of those folk were way too busy to listen to my opinion, which was that my personal old coot would answer questions in any one of four ways, depending on his current state of mind:
Absolute clarity, especially when remembering things that happened years ago when all of his friends were alive and they were out being wild and having fun.
Confusion. And yes, he did get confused sometimes, see above.
“I don’t know,” to questions that hurt too much to answer. The best example being “How many children do you have?”
Assessing a question as being absolute, total bullcrap and giving an appropriately bullcrap answer.
Once in a while it could be hard to tell the difference between #2 or #4.
The impatient anesthesiologist in the pre-op seemed a bit put off by Grandroobly’s answer at first and began directing questions to The Commander and I. But his attitude began changing just a bit as he read through the chart. “Oh, he was a banker?!!” And then, “Sault Ste. Marie! I had a friend from there. Do you know the Coates family?” The Commander and I had never heard of the Coates family. Suddenly, the old man piped up hoarsely with, “Yeah, old Claude Coates was a friend of my dad’s. He owned the [such and such] store.” The doc’s attitude made a major shift at that point. It was obvious that there was still something going on inside that tired, frail old man’s brain. He just didn’t want to think about his smashed pelvis and surgery and not being able to get up and walk.
Alzheimer’s? I don’t know. He was never diagnosed with it. Isn’t a little confusion a relatively normal part of the aging process? I can think of some reasons for all those people to need to know a little bit about his mental state but that wasn’t the reason that he was there. He was there so they could try to fix his smashed pelvis and hope that he might live to walk again.
The docs down there are pretty darn good. They did fix his pelvis. Somehow, that tough old coot survived two major surgeries, an ambulance ride all the way back to his beloved Sault Ste. Marie, and a few weeks in a rehab facility. As y’all know, the last week things went downhill fast.
I didn’t write this to relive all that or to be bummed out or whatever. It was just some thoughts about Alzheimer’s and other stuff that I’ve wanted to get on “paper” for quite a while and now was the appropriate time. I had no time to sit down and grieve for either my dad or my brother. Or I didn’t take time or whatever. Some days are better than others. Or, in my case, some moments are better than others. But, like my old coot dad, I just have to keep moving. And I do. Today, I got up and walked and then we drove to Houghton Lake and this afternoon we skied for the first time this winter. Ol’ Codger, I used to ski with you. And you could beat me easily in the early days before you got particular about your knees. Anyway, now I am just carrying on with your tradition. You are not in the hoosegow anymore. You and Jim have a little snort of Jack Daniels on me. Share a little bit of it with Sam and Laker. Love.
This entry was posted on Friday, February 2nd, 2007 at 8:00 pm and is filed under Uncategorized. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.
3 Responses to “The A Word”
February 2nd, 2007 at 10:52 pm
Yeah, I agree with the assessment of “hurt too much to answer”…plus add to that the shock/trauma of a major fracture – that would be enough to throw anyone’s brain functions a major curve-ball.
Cripes. There are still visuals that keep popping into my head that I’d rather not recall – from both Jim’s and Jack’s last days/weeks – *shudder*. I’m glad, though, that you Continue Moving Ahead, just as The Ol’ Coot and your Little Bro’ would insist!!
Love you with all my heart!!
February 2nd, 2007 at 11:00 pm
You too, sis.
February 3rd, 2007 at 9:56 pm
Your writing really touched me. It reminds me so much of what I’m going through with my Dad. He will be lucid for days and then have these moments and they are due to the disease he has (not Alzheimer’s). It is so hard to see him without his independence and sometimes the loss of dignity. He struggles to “recover” from the times when he doesn’t get things quite right.
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Mariahlynn, whose full name is Mariahlynn Jacoby-Araujo, is a famous American reality television actress and the 'Love & Hip Hop: New York (LHHNY)' star. She was born on the 17th of July, 1990 in Jersey City, New Jersey of the United States.
She is a musical artist by profession who was born to a Puerto Rican father and an Italian mother. Here are some facts about her:
What's her Net Worth?
The beautiful rapper Mariahlynn has amassed a wonderful net worth of $1 million from her successful career as a reality television star and musical artist.
The 29 years old actress is currently dating Josue Vargas, a famous professional boxer. She eventually dumped her former boyfriend of 8 years, Rich Dollaz and started dating the boxer. Though he is way much younger than her, the two have seeing each other for quite a while now.
In an episode of LHHNY back in March, Mariahlynn revealed that she was once pregnant by her then boyfriend, Rich. Furthermore, she also added that they had been secretly dating for 8 long years. But as Dollaz was alleged to have gone under the knife and had a vasectomy, it came out that she was not pregnant.
Mariahlynn with her ex-boyfriend, Rich Dollaz.
Image Source: VH1
Previous Relationships
Mariahlynn has a long history when it comes to dating men because she has dated several men. She had already dated Cisco Rosado and Safaree Samuels by 2017. After that, she dated Rich Dollaz for 8 long years secretly with whom she had a lot of controversies in the reality show.
As the musician's mother has substance abuse issues, she had to go through a very harsh and tough childhood. She was raised via Foster Care System which had a huge negative impact in her life.
Worked as a Stripper to Support Family
Dollaz's ex-girlfriend previously used to work as a stripper in order to support her family economically. Not only that, she had also involved in the profession of a go-go dancer. She was struggling a lot to make money until she met DJ Self who helped enter the music industry.
Admitted Two Plastic Surgeries
The 'Never Bitch' rapper Mariahlynn has openly admitted that she has went under the knife and had two plastic surgeries done. The surgeries she opted for include breast job and buttocks implants. She doesn't feel about her decision of using knife on her body because she always desired the body she has today.
Image Source: Getty Images
Seven Tattoos Inked
Not only surgeries but the beautiful model has also inked a total of seven tattoos on her body. Each of her seven tattoos hold a special meaning in her life. She has stars inked on her right forearm and 'Mom' inked on her right wrist.
The multi-talented celebrity is present and active on social platforms like Instagram and Twitter. She has her account on Instagram by the name @mariahlynnboss whereas her Twitter account name is @MariahLynnBoss. She has achieved 1.3 million followers on Instagram whereas 150.9k followers on Twitter.
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It is as if they do not have a fold (or even a raise button) like the rest of us. They just like to call with anything and everything.
These types of players can be extremely frustrating to deal with when you are not running well.
There are simply going to be times when you are up against this type of player and you can't hit a flop to save your life.
It is very important not to get over aggressive here and try to bluff a player who cannot be bluffed.
You will see these players most often at the very lowest stakes with stats that look something like this:
By the way, these are HUD stats that you can get on your screen if you play online poker. Just use a good free poker HUD.
These are the limits where a typical bet size often isn't even as much as the price of a coffee. Therefore, if they have any kind of a draw they are calling. If they have bottom pair they are calling. If they have ace high, king high (hell, sometimes even 8 high), they are calling!
You need to remember that these players play the game in order to catch you in a bluff or make their long-shot draw to win a big pot. Logic and mathematics be damned. They get a thrill out of playing sheriff or making something ridiculous on the river.
Example of a terrible poker player making a terrible play (online poker):
There is no point in getting mad at these players, or even worse, trying to educate them. You need to accept them as they are and realize that their existence at the tables is one of the biggest reasons why this game is so profitable.
If you look at long term win rates (loss rates in this case) these players pay a heavy price for their terrible play. Often they are losing at 20bb/100, 30bb/100, 50bb/100 or more! They are literally giving away their money (at a very fast pace) in the long run.
So since we know exactly how these players think about the game the only thing that we should be concerned with is how to most profitably counter it.
There are two main points with regards to this that I want to cover in this article. The first one is mental, the second one is technical.
Do Not Get Frustrated
As mentioned it is extremely important that you do not to get frustrated when playing versus fish who don't fold anything.
We already know that they are going call if they have any piece of the board so what is the point in getting annoyed when they go ahead and do just that? Let's be honest here.
The only reason that it is frustrating sometimes is because either a) you aren't hitting anything or b) they are hitting their long-shot draws much more often than they should. It is important to remember though that neither of these two events are normal.
When you are playing fairly good cards like most regs do these days (I suggest about 15% of hands in full ring and 20% in 6max) then you are going to have a decent hand after the flop a good amount of the time.
Statistically you will make at least a pair after the flop around 1 out of 3 times with a completely random hand. Since you are playing much better than a random hand you will hit the flop even more often than this.
I have long used physical exercise to help keep my levels of frustration and tilt down in poker. You could call it my secret weapon!
A post shared by Nathan Williams (@nathan79williams) on Dec 17, 2018 at 8:48pm PST
Bottom line though, sometimes you will have one of those sessions (or even a couple of them in a row) where you just cannot hit a flop, turn or even a river no matter what. On the other hand, sometimes you will have sessions where you literally knock it out of the park every single hand.
Curiously we tend to remember the former much more vividly than the latter. That is a topic for another post though. What is important to understand here is that neither of these two events (hitting nothing or hitting everything) are normal.
Also sometimes you will experience a session (or a few of them in a row) where these recreational players will hit every ridiculous draw in the world. We call them "long-shot draws" for a reason though. We all know that mathematically you don't hit a gutshot straight draw very often for instance.
It is roughly 11 to 1 with one card to come and 5 to 1 from the flop to the river. Same thing with bottom pair.
Guess what normally happens when you call down the whole way with bottom pair? Yup, you guessed it! You still have just bottom pair on the river.
See my ultimate poker odds "cheat sheet" for more on the exact math in these common spots.
However, just like we discussed above, sometimes they will hit their ridiculous draws with a much higher frequency than they should.
On the flip side, sometimes they will hit even less often than the odds would dictate. Once again, we tend to recall the former much more vividly than the latter. And also once again it is important to remember that neither of these two events are normal.
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So from a technical standpoint what is the most profitable way to counter the fish who doesn't fold anything? Well clearly trying to bluff them will be the worst strategy possible.
We already know that these players love to call with anything and one of the very reasons that they play the game is to catch you in a bluff! Trying to bluff these players is pretty much like kicking the ball directly into your own net.
This is why I stressed above that we need to stay calm against this player type when things aren't going well. This is because the tendency can be strong to get over-aggressive and "make something happen." They can't have it every single time! I will show them what is up!
Their bottom pair is still way ahead of your ace high. And guess what? They are going to call the whole way with it. By attempting to bluff them off of their hand you will simply lose much more money than you should have and also manage to tilt yourself even more!
The correct and most profitable strategy versus the fish who doesn't fold anything is to value bet the living crap out of them. And then value bet them some more!
Here is a good example of value betting against the fish:
Now it is important here for me to define what I mean by "value bet."
The reason why is because this is a relative term. Betting the turn or river for value against most nits for instance requires a very strong hand. This is because these types of players often will not go past the flop without something really strong like top pair, a solid draw or better.
However, we already know that the whale described in this article will call you down with two napkins. So therefore we can lower our standards significantly when value betting against them.
Any strong hand like top pair or better is an easy three streets of value. Middle pair can often be good enough for three streets as well versus a complete drooler with no fold button.
There are even some spots where we could get some really thin value with hands as weak as bottom pair or ace high.
By the way if you want to learn more about value betting I suggest checking out my best selling poker book Crushing the Microstakes.
In it I show you exactly how I created some of the highest winnings in online poker history by using a very simple value betting strategy.
One of my favorite spots to get thin value on the river versus this player type is on a double paired board like this:
I will always bet the river here with 99, 88, 77, 66 or 55. This is because they will never fold ace high on this board.
I will also frequently make a bet here with ace high as well because sometimes they won't be able to find the fold button with king high either. We chop at worst.
Boards where there is an obvious missed draw is another spot where you could go for some super thin value versus a recreational player. On this river for instance:
You could often make a profitable value bet versus the doesn't fold anything fish with Tx, 6x or any pocket pair such as 99, 88, 77, 55, 44 or 33.
The reason why is because this player type will often call down with a hand like AK or AQ the whole way here. And with the river pairing a low card they will be even more inclined to look you up.
Sometimes they won't even be able to fold the most obvious missed draw here which is KQ. It is important not to bomb the pot in cases like this.
We want to toss out that teaser bet of half pot or so which will make them just curious enough to hero call you with their ace high or king high.
By the way, I discuss this in much more detail in my new Elite Poker University training.
Learn EXACTLY how to start crushing small and mid stakes poker games, play semi-pro or even full time pro. Use my proven elite poker strategies to start winning fast.
So I hope this article helped prove useful to some of you guys battling these crazy fish at the lowest stakes. They show up all the time at the lower limits especially if you play on soft poker sites.
It is important to remember two things when playing against these player types.
Stay patient when you can't hit anything and they are hitting all of their crazy draws. Remember that this is not a normal occurrence and these players pay a heavy price in the long run for their terrible play.
Make sure that you are always getting full value versus these players with your big hands.
Once again, Crushing the Microstakes will teach you everything you need to know about value betting versus the bad players.
But also make sure that you are getting that thin value versus these whales as well. This is about effectively countering their style of play. We often do not need anything close to the nuts in order to extract value from them.
Also, make sure that you look out if they ever do find the raise button especially on the later streets. We often have a tendency to dismiss the actions of fish altogether. But the fact remains that they get to hit their flush, straight and two pair sometimes too.
They get dealt strong hands just as often as we do as well. These players are typically about as passive as you can get. When they finally decide to wake up you would be best served to give them a little bit of respect sometimes.
Lastly, if you want to learn how to start making $1000+ per month from low stakes poker games, make sure you grab a copy of my free poker cheat sheet.
Let me know how you play against a fish who doesn't fold anything in the comments below.
Posted by BlackRain79
45 comments:
Unknown 05 April
i would call this 'the poker life of a table tennis coach/athlete in greece' lmao!!!
its not normal....but it happens every single session AT LEAST 10 times lol at least 2 me...
those huge 100k downswings r over but i can make profit coz if those things happen 10 times per session its pretty difficult 2 turn a profit so i m playing 10k hands of nl5 and nl10 per day just with the goalof collecting VPPs since i came 2 realize that its just the way it is for me,those things happen every day ALL DAY!!!not normal?nope...but i cam 2 accept it by now after seeing that this thing doesnt happen 2 any1 i know,and i mean ANY1...
not in the 100+ videos/hrs i watched ur coaching videos and not in the many hrs of dusty's video or the few nanonoko videos i watched...
so i came 2 the conclusion its just karma coz the long run is already passed and it still doesnt change,just that its not soooo horrible anymore...
they hit their crazy hands 10 times per session and the rest of the session or day i can b happy if i manage 2 finish at least break even or with some mini profit...
but i took ur last advice and m more careful with my bet sizing on later streets so the swings r not so big anymore but bottom line is still the same,that i m living in a situation day in day out which is not 'normal'....and i gave up on the 'longrun' 2 show up,i just accepted my karma,its just not meant 2 b...but still playing for supernova and the 5k $ this year which i should b able 2 achieve if i continue playing 9k hands per day...
usually i follow all u say in this article just sometimes i also get in this 'i know he/she doesnt have anything,HE/SHE CANT CALL THIS BET!' and as u say...THEY DO!!!!LOL
i also realized thats its not just the 64/5/1 player but its MANY more!!
i cant even remember when i last saw a 64 vpip player but i do remember that the generally call lots of 1-2 outers and that the nits and super nits also dont fold coz they wait so long for their AK or big pair that they just wont fold it,specially if i bet small as u mention here...
saw ur FB pics of ur new home in thailand..looks niiiiiice!!!
hope u r having a great time there brother!!!!u deserve it all :-)
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BlackRain79 05 April
Thanks and glad to hear that things are going a bit better for you. Normally I suggest against using the EV adjusted earnings in HEM or PT but you could check this with a large sample like you have to see how bad (or good) things really are. Not saying that this stuff doesn't actually happen to you but what I do know is that everybody on earth thinks they run worse than everybody else :)
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Unknown 05 April
i m doing that already every day and it confirms what is going on...
but the thing with EV adjusted is that its not very accurate...it shows just the times when all the money went in and i was a favorite at that time,which is rarely the case...
and i m not talking about AA/KK and made hands all ins...there may b swings but in the end its all balanced out and i checked that out already...
i m talking more about coolers and suck outs where u know u r in front and at the river most of the money is already in and u cant fold the rest...
i m talking about loosing many times in a row with KK every single day when i have 2 fold on a raise on a flop containing an ace or when they call all the way and on the turn or river they hit the miracle draws...
in the end i will still make money with AA and KK so the numbers r ok...
but all that doesnt show on EV adjusted...
i m pretty self aware and always try 2 find 1st the mistakes in my game...
m not 1 of those people who try 2 find the mistakes elsewhere...
sports dont run that way...if u always try 2 find excuses here and there then u will never become a good player,and i always tell that 2 the players i m coaching...
i m 1 of the best players and coaches in greece coz i always work on my game and dont look for reasons in the world or people around...
as i watched many many hrs of videos,as i said all of urs,and from dusty and nanoko and m very aware of what is going on...
and i never saw crazy stuff happening there which i experience EVERY SINGLE DAY!!!
many times i watched videos again and again with the thought 'just check it out,maybe its happening 2 them also but u didnt c it'
but thats just not the case...
i remember seeing some small bad beats or bad situations and nanonoko was ready 2 'cry'!!!talking over and over again about this hand but all else went ok,and i thought 'oh boy,if u react like this for ONE bad situation,HOW WILL U REACT IF U LIVE MY LIFE???!!'
and it looks even like a rhythm,i start a session and in 5 minutes i get 10 blows like that!!!i even asked my wife 2 sit next 2 me and count!!!
'look,now they will have this and that 2% ,5%,10% possibility 2 hit and they do'
and i also realize and notice when things run well,and say 'ok,it happens also 2 me' but there is no balance AT ALL in it...
and the thing that made me b 'sure' about it is when i made this video for u playing NL5 and NL10 and i remember thinking 'ok,now he will c how bad i run...lets c what he will have 2 say about it'
funny thing,i was running bad as usual before i made the video,the 40 minutes i made the video everything went perfect,but PERFECT!!!and the VERY MOMENT i stopped the video and played 'for me' = same story again!!!!coincidence??!!!
i remember my girl saying 'then make another video!!!'
and i replied 'fuck it,cant u c what is going on??!!'
and m now also following dusty's twitch = all normal...not even1 bad beat or suck out or cooler,NOT EVEN 1!!!
i start my game and boom boom boom 1 after the other...
many people may say the same but i know or believe its subjective,filled with emotions,but i m very objective in general coz thats how i generally approach life and situations plus i have an IQ of 166 last time i checked,so....
and as i said,i WISH it would b my mistake coz then i could work on it!!!
so i just accepted it...
its just the way it is,its karma,or it will turn around...but i cant c that happening...
anyway..that still doesnt stop me from playing coz even this way i can make profit in the end of the year through VPPs...
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Unknown 05 April
after 'complaining' about my bad luck i started playing and for the 1st time in this month i started a session VERY good!!!
and even funnier,when i clicked on 'sit out next blind' 1 of the last hands is this...
i m in the SB with QQ (playing NL10 FR ZOOM - my stake 24.12 ,his is 5.65 so i already know he is probably a bad player with that stack size... its the 1st hand in 5 he plays so i dont have further info about him,just going with the flow and feeling)
he makes it 30 cents from the BTN,i raise to 1.11,he calls...
FLOP 34J with 2 clubs which i dont have any of...
i CBET 1.46 into a 2.32 pot and he min raises me to 2.92,pot is now 6.70 ,i need 1.46 to call and he has 1.62 left so naturally in this situation and stack sizes i shove...
and what does he have? KT of SPADES!!!!!!!!!!!!!!!!!!!!!!!! = 14%
TURN 9,RIVER Q = runner runner giving me a set and him a sweet straight...
and half of my 'good run profit ' is gone...
this hand will actually show up in EV adjusted since we went all in on the flop...
but suck outs like call call call will not...
and this was a GOOD START!!!LOL
usually it goes 10 like that and then i have 2 stay calm,play my game and win it back...
how the F**** m i supposed 2 make profit like that??!!!loool
anyway...dont wanna bust ur balls with that...
enjoy the nice weather and grinding outside in the sun in thailand :-)
here in greece its also 'summer' already...
so i dont get angry anymore,i just accept it and follow 2PAC's words ' KKE YA HEAD UP' and stay positive ;-)
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BlackRain79 05 April
Well Dimi what you are essentially saying then is that the poker sites are rigged against you in some manner or the mathematical odds that this game is based upon don't apply when you are playing. You aren't the first person to say this, nor will you be the last. If you truly believe that this is the case then I would suggest that you stop playing. All the best :)
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Unknown 05 April
nope,thats not AT ALL what i m saying,not even close...
its even the other way round,i dont believe that its rigged,otherwise i wouldnt b playing at all coz it would b like inviting some1 over and over into ur house knowing that he will steal from u,which is a stupid thing 2 do...
i m the 1 who always says when talking 2 my brother for example who thinks stars is rigged 'i dont believe it...show me the hands and we can check it out in PT4'
he says 'can u prove its not rigged?' - 'nope,i cant but neither can u that it is rigged since all the numbers turn out 2 b ok,and if u r soooo sure its rigged,Y R U STILL PLAYING??!!!only a crazy person would do that!!!'
i m not saying its rigged neither that it isnt,i m just stating the facts...
for some1 2 do something like that there has 2 b a motive...
in this case it could b 2 keep bad players in by giving them a bit more than they 'deserve' so they come again and again but that will anyway happen since mathematically they will win anyway here and there by playing bad,but here they could 'pump it up' a bit more which could b possible...
but that would happen with ALL players,not just 2 me,and i didnt meet any1 who has such a large number of hands so much below EV as i do...
and they dont have any profit from me not making money since i play big volumes which is always good for them,so if i believe its rigged i will stop playing and they will loose a customer...not a good idea...
i m just observing what is happening over 600k hands...
and its going like that right from the beginning...
what i did say is KARMA,which has nothing 2 do with any site or person in this world but is the law of action and reaction which says that every1 gets exactly what they deserve in this life,not more,not less...
2 people may have studied the same thing,being on the same level,opening the same business and using pretty much the same tools...1 becomes a multi millionaire,the other 1 gets broke...nobody did anything 2 make that happen,it was just meant 2 b...
but all of this doesnt really matter....
what matters is if i can STILL make profit with everything that is going on WITHOUT the math 2 kick in in the following months 2 come...
math will ALWAYS balance out...the only question is WHEN!
if it was just for the table winnings then i would probably play til end of this year 2 have a big enough sample size 2 b sure,lets say 2 million hands,and if it was the same and i cant find big enough flaws in my game which r 2 the reason for the bad results,then i would stop...
but the thing is that with the VPPs rake back stars offers i can still have a decent profit even if i will b brake even at the end of the year or loose just a small amount...
so as long as there is a way 2 make money i will continue...
til now the picture shows that its the way it is at the tables,so i m accepting it coz thats the only way 2 stay calm and not throwing the laptop out of the window as i did so many times in the past!!!!5 laptops gone!!!loool
if not but i still can make money through reaching supernova then i will still continue...
but if it continues like that and i cant even make money through the VPPs and an analysis of 2million hands will show that its not my mistake,well,then there is no other way then 2stop...
i guess we will now for sure on 31st of december 2015 ;-)
still having a positive feeling about the whole poker thing and i will fight til the very end :-)
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Unknown 05 April
but even if all goes wrong and i stop,which i dont believe,STILL i will not say its rigged...y would they rick 2 loose hundreds of millions of dollars which they make anyway??!!!
i will just say 'ok,i played my best,i played pretty good poker but it was just not meant 2 b...cant beat bad luck or ur karma'
as my spiritual teacher says 'do ur best in whatever u do but leave the result 2 god...maybe the mom of the other player - table tennis - had good karma which had 2 b paid off by her son beating u,so just do ur best and accept the results whatever they might b'
all i can do is playing the best poker i can and try 2 always improve...
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Colin 11 April
I understand where Dimi is coming from. I also do not believe the sites are rigged I just believe that my play is cursed. I now have a 100K sample and my Aces hold up less than 17% of the time. The last six times I have had KK another player has held AA. My last three full house have been beaten(twice by quads) and just ten minutes ago my aces were cracked by a man who called my PF 3Bet with 34o.
I am not looking for sympathy here I am juse letting Dimi know he is not alone.
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BlackRain79 11 April
I understand your guys frustration. Imagine what I have seen in 7 million hands! Believing such things like you are "cursed" or you have "bad karma" though is not going to help anything. This is why I usually suggest that people don't even pay any attention to EV stats for instance. You have to trust in the long term mathematical odds in this game or there is no point in playing. And yes, sometimes it can take millions and millions of hands to sort itself out.
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Colin 11 April
Thank you for your response. I am one of those that purchased your book and have internalised its contents. I am only playing NL2 and have lost 6 BI since I posted the previous comment. I have had AA twice that lost to a backdoor flush and K3o (he made a full house on the flop).
It seriously is like I can do nothing right. All my plays are always mathematically in my favour. In hands where I am 95% favourite after river I lose 72% of the time. You can imagine how disheartening this is.
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Dolphin Hollowstate Labs 23 January
Colin and Unknown need to spend less time complaining about their "bad karma" on boards like this and more time rubbing their luck boxes.
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weiyen 05 April
A good article as always. It comes at a timely time because I have been hitting a bit of a downswing and it has hit spot on what I am going through. I have come to realise that the times I have been running good I have getting away cheap when the villian has one over me and I know that I am beat. (these are at the micros)
I am starting to treat my poker sessions (six max 9 ring tables) like the market. It is in his very nature chaotic. In the markets I can employ measures to protect my portfolio.....in my poker sessions I can do something similar which is that of a trailing stop loss. (You might understand this as Bankroll Management)....which means I only play games that are within my limits (in this case 1c/2c) and if I lose a certain amount I will get stopped out. If I lose a min of $2 over $4 I will get stopped out and if I gain $10 at these limits....I will have a short break (I figure I will need it as there will be a lot of adrenaline by that time as I only play 1.5-2.5 hours. Anymore I generally start to tilt.)
Using this i can afford to have a few losing sessions without having to break my bankroll....
I have started to realise that we should be table selecting a lot..I want to target a fish as they pay me off with ridiculous hands. Take for example a hand I was playing with a fish. I had KK and raised it up hoping to isolate somebody. The fish called and I just literally took him all the way to value town and he called off his entire stack with 10/4 suited spades.Other times I have stacked off ppl with sets/trips/full houses. Now if I don't see a fish or I am on the right of someone that is just reraising me relentlessly...guess what? I don't get mad...I just leave! I don't get frustrated because after your article on looking at poker in the long run every new session is just that....new.
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BlackRain79 06 April
Thanks Weiyen. I think you have a great approach to the game and I agree that table selection is so important even at the very lowest stakes. No reg is going to call off his stack with T4.
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ekw 05 April
great post. There is nothing more tiresome than the "expert players" at the micros who claim that "you can't beat the fish, because they never fold".
Then they go on to say they have to move up to where the players are better so they can win!
If you can't figure out how to exploit the worst players in the game, it seems unlikely you will be a winner against better players.
The worse someone plays, the easier it should be to get their money (over the long term, of course).
I'm in the USA, so I can't play real money on Stars, but I wanted to try Zoom, so I played it for play money for a few months on a tablet (one table). Playing 5/10 6-max, I won about 470 buy-ins!
If there are any players worse than play money players at the lowest stakes, I'd sure like to play against them for real money!
Dimi - it sounds like you are profitable enough that your "bad luck" still let's you finish ahead overall, and making the bonus should make poker worthwhile from a financial standpoint.
But - if you think you are getting "doom-switched", I think playing may be taking a toll on your mental well being. And you will have to decide if the mental stress you are suffering is truly worth the financial reward you are seeking.
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Unknown 06 April
yep,thats y i still continue...coz if i keep up with my plan for 2015 i will b 5000$ in profits through the supernova rake back...or maybe less if i loose at the tables...
its not much for the many hrs i play every day but i c it as a stepping stone 2 bigger stakes where it will b more worth it...
and did have quite a problem with bad runs coz i didnt wanna accept it...
i guess that comes from my background as a professional athlete where those things r just not possible,LITERALLY there is no chance even 1 in a TRILLION that some1 beats me in table tennis who is not a professional himself or at least played many years himself or even herself and is at top level or a bit below,thats just not happening...
so i had 2 work my way through that and accept the way it is...
i remember an interview with phil ivey when some1 asked him if he could win a hand against him although he has no clue of poker...
ivey's answer was 'OF COURSE u can!!!not even 1 hand but MANY!!!u can beat me a whole day or even for weeks but in the long run u will have no chance AT ALL'
so if the best player in the world says this about some who doesnt know how 2 play at all who m i 2 go crazy about longer downswing or bad runs?!
but it was very difficult for me coz i read many books,ca 30,watched hundreds of hrs of coaching videos - all of nathan's and some more - analyze my game constantly looking for ways 2 improve,and then 2 have some drunk russians beat me CONSTANTLY with crazy hands like the 1 i mentioned above or even worse,it just DROVE ME CRAAAAAZY!!!!lol
and its not that i dont know the math...
but in my case its totally out of proportion,at least til now... 200k hands of NL5 6max zoom being 130 buy ins down is just unacceptable!!!lol
and i was thinking 2 just leave NL5 and play NL10 only coz there i do have profit after my last downswing...winning in NL10 but loosing in NL5!!!loool
even if i m winning for quite some time now in NL10 i will continue 2 play NL5 to c the green numbers in PT4 ;-)
and u r right about the stress,its not worth it if its every day like a nightmare,not 2 talk about the possibility of braking my hand every time i punch the wall after a bad beat and then not being able 2 play table tennis!!!lol
but finally i find the way 2 deal with it...
i just accepted that its the way it is and that i wont make money at the tables...thats the state of mind when i sit down so i dont react on all the bad stuff...
thats the only way i can keep calm and continue playing...
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Unknown 06 April
i agree with u also on the 'If you can't figure out how to exploit the worst players in the game, it seems unlikely you will be a winner against better players.'
and that just made me realize that its not me!!!not my mistake that i m loosing coz i had the feeling in my mind that i was winning for quite some time now in NL10 but loosing HORRIBLY in NL5 so i checked my PT4 stats,and what did i find out?
played since 1st of march ca 30k hands each (NL10 & NL5) which is not a lot but i couldnt play more since i was always on the road playing play offs for my team,and we finished 1st,climbed up 2 next division ;-)
and i won 176$ in NL10 but lost 123$ in NL5!!!loool
which is 6.37 bb/100 for NL10 and according 2 this post of nathan > http://www.blackrain79.com/2014/06/good-win-rates-for-micro-and-small_6.html <
is not bad since i play 8 tables zoom = 24-32 normal tables which in the article is 18+
but in NL5 it was -8.57bb/100!!!! lol
and even just checked since 19th of february (1 year anniversary with my girl lol ) its 200$ and 4.62 bb/100 in NL10 but -252$ and -10bb/10 in NL5 after playing ca 45k hands each!!!!
chew on that 1 loool
coz if it was mY mistake,bad play etc,then it should b the other way round,winning in NL5 but loosing in NL10 so some1 could say 'ok,u r not ready for NL10)...
so what should i do?stop NL5 and play just NL10?
nah,i wont accept that....
dont wanna have red numbers on my PT4 coz it destroys the overall beauty of the green 1s loool
so thx for ur reply coz this made me check and realize that my thoughts r correct and that its just CRAZY bad luck,or lets say variance since there is no bad luck in math,which hits me like a train for 600k hands now!!!
motivates me 2 stay positive and hope for it 2 turn around before my money finishes loool
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Unknown 06 April
just remembered a story nathan told in 1 of his videos i think about a very good player in mid or high stakes who was crushing it but for some months or even half a year he didnt make any profit at all but since he was a supernova elite his rake back kicked in so he was ok,and then the rest of the year he crushed them again and all was good...
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ekw 06 April
there is a chance that you are not playing as exploitively as you could at 5NL.
I can't say that you don't get drawn out on "too much" w/o analyzing all your hands, which I'm not really qualified to do.
but are you doing everything you can to maximize the pots you do win?
I joke sometimes with my own play: win small, lose big.
you need to look to maximize your gains on the hands you do win, and that will help offset the losing hands. rake make it tough on this end too. If we're playing 5NL, 100BB stacks and go all in one of us will LOSE 100 BB, but the other player is not going to win 100BB.
you may be snakebit with bad luck, but the real +EV thing to do would be to look for leaks you might have. you may be making "mistakes" in the 5NL games that are "ok" or even "good" plays in 10NL.
you also have to learn to embrace the "luck" element of the game.
you talk about how an amateur could NEVER beat you at table tennis, and I believe you.
but you'd have to agree that you probably get no amateurs offering to play you at table tennis for money either, do you? they'd have to be insane.
poker has a luck element. if it didn't, the bad players would come to realize that they are insane to play for money much faster than they do. in fact, sometimes they never do.
so, don't curse their luck. it's the only thing that keeps them around.
seriously though - before you blame it all on karma, review your play.
and review it in the context of how your opponents play.
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BlackRain79 06 April
Thanks ekw. Ya it is a ridiculous notion that it is better to play against good players. This makes such little logical sense that it is better to just shake your head and move on. LOL at 470 buyins also. Play money :)
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Unknown 06 April
it always surprises me when people just make assumptions out of the blue just coz it fits their way of thought...
so the ONLY way 2 loose at NL5 is bad play,right?
but still...it has 2 b me ,right?
coz i m stupid and i dont understand the game of poker...
i watched hundreds of hrs of nathan's videos and even paused them before he made any desicion,made mine,and it was 99% the same...but STILL...
just coz it doesnt fit with people's personal experience it has 2 b my mistake...do this do that...not realizing that although u seem 2 mean well in reality u state that i m stupid and that i dont understand the game...
i m stating over and over again that i c what hands they r playing,i get fucked badly,but STILL people try 2 impose their thoughts on me,and again,by this telling me that i m blind and what i THINK 2 b big ass suck outs and bad luck its just objective and that i dont see clearly,i cant do a proper analysis coz if i did i would come 2 the same conclusion as they do when they didnt c ANY of my hands,i analyzed so many of them but still they HAVE 2 b right with no evidence AT AL!!!
i on the other hand have all the hands in PT4,ANALYZE them,but i m maybe a bit blind or stupid and cant tell the difference,right?
not value betting enough? i made a video for nathan who was kind enough 2 offer some free coaching and when reviewing he said 'all looks ok but u should b more careful with ur bet sizing on later streets' coz he believes i was TO aggressive and i couldnt b called by worse...
but hey...whatever...i just cant c whats going on ,right?
watching all those videos and almost never such things happen but when i play it happens 1 after the other but its just an ILLUSION,right?
what can i say....maybe in my next life i will b smarter...coz no matter how many times i say that i DO review my hands and that its NOT my leak,it doesnt really matter,right?
and then people talk about being objective...yeah...right...
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BlackRain79 06 April
I don't think ekw (who I assume you are referring to) was trying to be rude or condescending at all Dimi. I think he was just trying to help. Let's try to keep this above board here please. I understand your frustration with your results. We all face a brick wall sometimes in this game and often for long periods of time. ekw's overall advice about reviewing your play is spot on. This is where you will find the problems. I don't mean to suggest that you aren't already doing this by the way.
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Unknown 05 April
I study all of yours but just don't write to you every time. They all are of benefit and thanks for taking the time to write them.
I have been running into these types discussed in this blog so this really helps.
I have finished studying Crushing and have outlined it and made myself a series of cheat sheet tables. As I gain experience I should not need these as much but they really help now. I am starting with NL4 on Carbon here in the US.
I have also bought your second book but will wait to study it after I feel I have a better handle on playing as Crushing advises.
I saw in a prior blog you answered some play questions so in conjunction with this article I have one. I find myself being bullied by players that have VPIP of 40+ and consistently make really huge bets pre-flop regardless of their position. If I have AA I stay, but anything below that for my pocket cards I then get concerned they really do have a good hand and I fold. I do use your pre-flop play chart by position, but I get skittish when I feel my hand may be relatively marginal.
Guidance as to these situations? I feel they are the ones I should be winnng off of.
Thanks! And hope things are well with you!
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BlackRain79 06 April
Thanks so much Chris! It means a lot. I have heard from a few people of late that Carbon has decided to drop NL4 so you might want to check into that first and possibly play on a different site.
Regarding your question when you say they make really huge bets how big are we talking? And how often are they doing it? I certainly would not be folding any of the premium hands TT+, AK and perhaps AQ also if they are doing this regularly. If there are less people left to act my range will be even wider.
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Unknown 06 April
Thanks for answering!
These type players seem to do this as much as 2/3 of their hands, pre-flop betting or raising in the range of $1 when the max buy-in is $4 meaning they still have as much as $3 for the remaining streets. Given they usually drive all of us others out of the hand I rarely see what their hole cards are.
I have printed out the PokerStove range for VPIP's of 40 and see that their range is wide. But the few times I stayed in with less than premium hands and lost I got gun shy. In your book you do caution that your opponent will not always be holding the upper part of his range so I know I should not assume they always will beat me.
When I do have the outstanding premium starting hand I have actually raised their large bet and they have folded pre-flop giving me their initial large bet. So based on your advice I need to widen my response range to them.
I focus on this situation because I feel they are the fish you teach us about whose money I should be taking.
In regard to Carbon, I found that low stakes game elimination yesterday. I had not been able to play in two weeks and was most surprised. Normally I play 5 days a week and those NL4 games were always very popular. I chatted and e-mailed with them yesterday about these changes but only received the "party" line. Their software update dialogue never mentioned the stakes changes, which I feel is poor customer service. Their limit game changes are even more draconian.
Given I'm in the US my options are limited. You have me hooked on using PT4 for the HUD and my own hands/session analysis. Bovada, where I used to play, still has NL5 but their anonymous play and lack of interface to PT4 for my own hands negates using those valuable tools.
Any other U.S. player accepted sites you would recommend?
Do you think going to Carbon's NL10 would be dramatically different given that the NL4 players that stay with Carbon all are forced to move up in stakes?
Thanks for your help!
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BlackRain79 07 April
If that is the case then I would not change much from my first reply. I would probably just flat with AA or KK because the money is going in after the flop no matter what. With QQ, JJ, TT and AK I would shove preflop just to avoid any tough decisions after the flop. The closer the action is to late position (less people left to act) the more I would be inclined to shove with some additional hands as well such as 99, 88, AQ, AJ.
Regarding Carbon, If you are rolled for the NL10 games then you could probably do ok just staying there. You will probably be facing a lot of the same competition as all NL4 players are forced to move up. You could also consider some other sites such as Black Chip Poker or America's Cardroom which are both USA friendly and allow HUDs.
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Unknown 07 April
Thanks for the play advice, I will keep you posted!
I will try the Carbon NL10 and see how it goes. My HUD will give me an idea how many NL4 players have moved up when I see I have a prior history on them.
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BlackRain79 07 April
Rolled is poker slang for Bankrolled.
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Unknown 07 April
Thanks!
I do have suffice funds already with Carbon for NL 10 to meet your bankroll guidelines so I will give it a try!
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Unknown 25 April
I am working on Modern Small Stakes now and in both books you mention Rakeback a lot. I am having trouble finding a current source on Rakeback in the U.S. Do you have any directional guidance on this?
I know Bovada and Carbon Poker where I have been playing do not have it. The other two you mentioned above seem to have it based on a few links I found but quite frankly I don't fully understand it and it seems to have changed over time.
Since this seems to be important to winning $ I wanted to ask for help.
THANKS!!
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BlackRain79 25 April
I am not really an expert on this and especially for American sites. I know that America's Cardroom offers the typical 27% rakeback though.
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Unknown 26 April
Okay, that gives me some direction. Thanks!
Loving your second book!!
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BlackRain79 27 April
Glad to hear Chris, all the best at the tables! :)
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Unknown 06 April
One thing I'd like to say is that it's so frustrating listening to players moan and bitch about the donks that 'always get there' People need to man up, stop bitching and accept the fact that we're all going to get bad beats and we're all going to have fish call us down and get there. I absolutely love the standard of play at my local casino because if I run well I know I'm gunna win heaps!! But if the donks never got lucky then we would never have the opportunity to get ridiculous value.
When I hear players moan that a fish called them down with bottom pair when we made a 'good bluff' I laugh at them - you have nobody to blame but yourself!! You have literally given your money to them. You know how they play so why waste money bluffing them? Instead of looking at the donks bad play, take a look at your own play and realize in spots like that, yes they played bad BUT YOU played worse for trying to bluff them!
They are very easy to overcome, 3 streets of fat VALUE!!!
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BlackRain79 07 April
Thanks Nick and completely agreed on all points.
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Nice article Nathan, I was one of those getting frustrated at bad players that end up making a hand at the river to beat me up... I learned (the hard way) that sometimes simply it's not your day and it's time to take a break and come back the next day. As you said once (or maybe a couple of times), the tables will always be there once you cooled down. Thanks for all the work you're putting on this blog, it's nice to see a new post every week :D
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BlackRain79 07 April
Glad it helped Jorge and thanks as always for being a loyal reader :)
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Unknown 20 November
I was just reading again this article (as fish generates my main income I try to become better and better especially again them). Last time there where not so many comment. I think what matters is what we consider long run. 100K, 500K, 1000K… ? Someone can be lucky or not for 100K or 500K and other players for 10K or 30K. What is very important for me (I still have to learn it) is how to loose less in bad lucky period and win the most when I have the lucky period (this party is even more important I think). This is what make the difference.
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Kutay 22 April
The biggest problem for me against these kind of players or sometimes against regs it the flush draws. When there is a flush board on the flop, you keep betting and betting then the card completes flush and these guys bet back to you. And worse case, there is no draw on the flop, but completes flush on turn and river. I'm looking at HUD, noticing these guys playing 60% of the hands, not passive..I'm always assuming that they have continued with a weak kicker but at the end of they mostly they shows the flush! By the help of your books, i have leanrt to fold my top pair top kicker hands in these situations but when i have two pair or better, i simply cant fold them assuming that they dont have the flush and loose enormous money. What kind of strategy should we use ? If the guy is a huge passive one, may be i can fold. But when i see his aggression factor more than 5, i quickly conlude that they dont have the flush...
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BlackRain79 22 April
Hi Kutay,
You got it right. It comes down to the player type. You pretty much have to make the call against loose aggressive players because they will bluff so much or be betting a worse hand. Against most passive regs or fish though, if they make a reasonable bet when the flush comes in, you should consider folding.
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Unknown 18 May
Really good article on how to exploit this player type and how to adjust to them. Unfortunately I got all caught up in the response after by Dimi. I realize that it is over a year old and probably not relevant anymore, but whatever.
So I didn't have the mental strength to read the entire thing but read the first post in its entirety and a couple things stick out like a sore thumb. So it says you are playing 9k hands a day and only going for VPP. This is a very telling statement. This means you are playing Zoom on Pokerstars!! In another statement you say something to the effect that you do everything Nathan says and use all his techniques. I think everyone can see where I am going with this. Nathan has said numerous times that if you want to increase your win rate immediately, stop playing Zoom on Stars. So obviously you aren't listening to everything he says. I don't say that in a mean way either, but you have to understand that one of Nathan's core pieces of advice is to not play Zoom and you are, so I have to wonder how much other stuff are you taking poetic license with, where you believe you are applying the concepts you read or learned, but they have your own twist on them and aren't being applied correctly or in the correct spot
You say you never see this player type and haven't for a while. Well you aren't going to, not Zoom. I played 2NL and 5NL Zoom for my first year. My win rate sucks. I go onto MPN and play reg tables at 10NL and I am winning close to 5bb/100, so not only is win rate higher, but I make more cuz I play higher stakes. I have players like this alllllllllll the time at my tables. Sometimes even have 80/20 and 90/30 whales. Stacking off with the most ridiculous stuff you could imagine. Yes there are still regs, but guess what, they suck too. So I have my choice and once I fine tune some of Nathan and other coaches principles 20NL won't be far away.
Lastly you say at least 10 times a day these guys hit there long shot draws. Runner runner this, runner runner that. You are playing 9k hands a day. You out of anyone are going to see these long shot draws show up and hit more than anyone. The key here is to not pay them off. Like if you are seeing them 10 or 20 times a session and still paying the super passive player off everytime he shoves the river, then stop. Listen, they don't pot bet the river, or raise the river without a big hand, they call call call call. If they are raising you are in big trouble with your TPGK.
I seriously think that if you have this much volume then you have a ton of experience to draw from. Get off of stars and play a softer site. I did and it works. My stats don't look all pretty and where they should be. I fold a ton of stuff that normally I might not, my red line goes straight down, but my green line is in profit to the tune of almost 200 euros on only 2.5 months of playing on a different site and on regular tables, not fast fold.
Anyway, just thought it might be good for others to see how important, some of the very basic stuff that Nathan points out, is.
Good luck at the tables everyone
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BlackRain79 19 May
I am glad that you found this article helpful. The comments with Dimi are old of course. I hope he is doing well these days!
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Unknown 21 October
Yeah? What happens when this goes on for over two months?
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BlackRain79 21 October
Sounds like a downswing.
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Lars Kyhnau Hansen 12 February
It can be really frustrating, when the luck of the recreational player just seem to have no end. Last night I played at a table, where a 64/5/1 was able to run up an almost unbelievable stack of nearly 700BB, before things finally turned around, and he started to give just a bit of it back.
Its important to keep calm and non emotional in situations like this. But I have to admit, that after having lost around a buyin to his random two pair, flopped set and whatever not, I started silently cheering for the other regs, every time they were involved in a big pot against him LOL.
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Alex 26 June
I find my biggest part of the winrate is from those guys.
On the other hand these are also the guys that stack me of the most and get me on tilt the quickest. So high variance is imminent.
When someone plays 80/59/12 i just got no clue where i am with QQ if it goes c/c/c/c. Sometimes they flip over KK, other times just random crap.
The same goes a little for guys with 20% 3bet.
Also i tent to judge my play way too much regarding to the results graph (especially the EV graph). After reading the comments in this blog i realised indeed that also the EV graph can be way of due to variance. It compensates for ALL IN EV but it doesnt say anything about the way you're playing. Especially when it goes c/c/c/c or c/c/c/x when they only have a couple of blinds left behind and on the river they hit their FD or 2-outer; i might have played perfectly but both the green and orange graph go down, and i feel bad after a session. This drives me to tilt easily.
I guess i have to get less results orientated because sometimes it feels really silly to not be in the green after a couple of hours of grinding against those super whales.
I've got a very steady winrate over a very big sample (years) in 2nl, but these mental issues keep me from getting a steady graph in 5nl. I think i do have enough technics to get a steady winrate but its hard to fight anger and tilt.
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My name is Nathan "BlackRain79" Williams and I have some of the highest poker winnings of all-time at the micros. I am also a 10+ year poker pro and a multiple time best selling poker author.
Read more about my poker story here.
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“You’re acting more and more for instance a king, Your Majesty,” Nightingale said as she uncovered herself from behind and squinted at him.
The Honor of the Big Snows
“Ten, with various variants,” Nightingale negotiated as she licked her lips.
“Their labels is going to be engraved in our memories.”
“However I truly feel it isn’t an amazing notion being too seductive,” Nightingale instantly shot again when foldable her forearms. “‘People usually don’t maintenance a great deal about points they received really easily’. I didn’t know you believed by doing this. I ought to be more mindful in the future and set a boundary between us. Also, I’ll certainly remind Anna to counteract another person from having too filled with themselves. “
By nightfall, Barov handed from the list of loved ones website visitors. He described on the telephone, “Ms. Browse and so i analyzed family members data and the duplicates of Potential of Legal representative. We’ve selected around 1,600 men and women for any very first round of loved ones goes to for the Fertile Plains. Goal is provided to family members. We’re currently in the act of drafting a complete offer. If anything moves well, they’ll be taking off in just two days or weeks.”
“Haha… I’m flattered.” It had been a little while since Nightingale possessed attended to him in this particular elegant fashion, and somehow Roland failed to really like it. He said, “You don’t require to talk to me by using these formality, you recognize?”
“These folks were the swords of His Majesty, the looming walls defending the civilians.”
“However you go along with it,” Nightingale grunted. “My secret strength in my chest area conveys me that you simply take not less than 55Per cent of your concept.”
“And you agree with it,” Nightingale grunted. “My secret potential within my chest area informs me that you just admit at least 55% from the concept.”
“Five Mayhem Beverages,” Roland blurted out, beginning to bribe Nightingale.
two saints wander off into a different world chapter 11
Roland cast him a sideways glimpse and reported, “Haven’t you heard about the old saying that folks usually don’t care a great deal about items they acquired very easily?”
“As you want, Your Majesty.”
Which has been the conductor from the “Blackriver”.
Following Kajen withdrew, Barov immediately round on Roland and mentioned anxiously, “Your Majesty, why did you decrease his get? He’s an iconic physique in the participate in field in Graycastle, as well as every troupe is keen to have him! I’m not implying the Star Blossom Troupe isn’t good, but Ms. Could is, in the end, not as influential as Kajen Fels. If Kajen joins our troupe, Star Rose would veritably get to be the most prestigious troupe through the entire empire. With Kajen on the troupe, a lot of stars and actresses would come and enroll in us. Then we wouldn’t need to worry about becoming limited staffed.”
“And you go along with it,” Nightingale grunted. “My magic electrical power within my chest muscles explains me that you simply recognize no less than 55Percent of your way of thinking.”
In the long run, Roland authorized an “unequal treaty” at the price tag on five Turmoil Cocktails.
“A worker who was once a Rat at Dark Road…” Roland’s mouth area curled up towards a teeth while he sank into his thinking. If he remembered the right way, Pieces of paper and therefore staff member obtained not witnessed each other well for pretty much 2 years. Potentially they had overlooked what the other appeared like. But Snaketooth still set her identify on the strength of Legal professional. It sounded such as a amazing tale.
Following Kajen withdrew, Barov immediately circular on Roland and explained anxiously, “Your Majesty, why did you drop his request? He’s an iconic shape from the play field in Graycastle, and every troupe is wishing to have him! I’m not saying the Legend Rose Troupe isn’t fantastic, but Ms. Can is, of course, much less important as Kajen Fels. If Kajen joins our troupe, Star Blossom would veritably get to be the most prestigious troupe all over the complete kingdom. With Kajen on the troupe, a great number of famous actors and actresses will come and become a member of us. Then we wouldn’t be concerned about being small manned.”
“Haha.” Nightingale could not withstand laughing. “You learned, but you does claim that. When the other witches figure out what you’re really pondering, what will they think individuals? Would they set out to believe that you ‘take them for granted’ ?”
“Why not consider 8-10? When you get them too conveniently, you’ll…”
Roland mopped his brow, thinking if Nightingale could now recognize lays by using these accuracy, and then he suddenly appreciated the message “chest area” she experienced pointed out. Agatha shared with him that witches’ magical potential was in a form of a cyclone, but it surely was not an actual ent.i.ty. Actually, secret electrical power pass on all around one’s system as an alternative to cl.you.s.tering around a certain vicinity.
Super landed quietly with a barrack.
Close to 300 serried snow-whitened tombstones withstood solemnly with a meadow. Even though n.o.human body was buried beneath, all people rose to shell out their values, a sober and stern manifestation on his or her encounters, like their buddies have been standing up appropriate when in front of them, alive and very well.
“5 Mayhem Refreshments,” Roland blurted out, beginning to bribe Nightingale.
In the long run, Roland signed an “unequal treaty” at the expense of twenty Mayhem Beverages.
“Haha.” Nightingale could not avoid giggling. “You found, and you managed claim that. In the event the other witches figure out what you’re really wondering, what will they think individuals? Can they continue to assume that you ‘take them for granted’ ?”
Iron Axe executed a military salute, and all the others adhered to.
“Of course not,” reported Roland, coming from his reverie, “She severed her associations.h.i.+p along with her recent career to be a Rat, however, not together with her good friend. Don’t forget the solution to eliminating Rats should be to educate and change them. They shouldn’t be treated any differently just for their earlier occupation.”
“Their labels are going to be engraved in this recollections.”
“No, nothing. I have to think about it…”
“An employee who was once a Rat at Dark Neighborhood…” Roland’s mouth curled up right into a grin as he sank into his thinking. If he valued accurately, Document and this employee experienced not noticed one another for nearly a couple of years. Probably they had overlooked just what other searched like. But Snaketooth still put her name on the Power of Lawyer. It sounded similar to a intriguing history.
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The GDR Museum in Berlin is actually two museums in one. And these two parts, both devoted to everyday life in the German Democratic Republic, subtly contradict one another. That might not have been the intention of the museum founders. But this tension actually captures the ambiguities of East Germany and the ambivalence that many Germans feel today about the erstwhile communist state.
The experience inside the main part of the museum is quite interactive. You can put on headphones and watch TV shows from East Germany, walk into an interrogation room and a prison cell, and sit at a high-ranking bureaucrat’s desk. You can take a test of your Russian. You can vote in a rigged election.
This part of the museum is also full of objects from East Germany that people either donated or sold to the curators. These objects are very cleverly arranged in the rather small exhibition space. Cabinets and closets lining the wall and dividing up the space are grouped according to topic: clothing, music, books, industrial production, nude beaches, and so on. You can peer into glass cases at consumer products that have faded into history such as Wald Gold liquor and Florena Cream.
But you are also encouraged to pull out drawers and open cabinets to reveal even more objects, such as a floor plan of a GDR apartment or a report from the state security (Stasi). In this way, you feel as though you are uncovering a hidden society, which is appropriate since the society was largely hidden from Western eyes for many years.
If you don’t read the accompanying descriptions, you could walk away from this part of the museum feeling that you had just seen an objective portrait of a society. And according to the ticket seller that chatted with me, most people rate their experience at the museum very highly. And there have been quite a few visitors: nearly half a million in 2011.
“What about people from the former East Germany?” I ask him. “What do they think?”
“80-90 percent of them are very satisfied.”
“Well, they are not happy with…the tone.”
The tone of the museum is most evident in the descriptions. For instance, here is part of the description of GDR tourists. “GDR citizens were not particularly popular in Eastern bloc states. Waiters in Prague could recognize them easily. Western tourists used paper money: Deutschemarks or dollars. East Germans counted their aluminum play money.”
Another description begins with a joke: “The director of the Meissen porcelain factory told Honecker [the communist party leader in the GDR]: ‘Five percent of our production is rejected.’ To which Honecker replied, ‘Is that enough for the whole country?’” It was commonly assumed that the best production ended up as exports to get hard currency.
This tone is familiar to anyone who enjoys Jon Stewart and The Daily Show, or the many similar shows around the world that take a comic look at the news. In these exhibits, everyday life in the GDR comes across as quaint, inefficient, boring, comical, and worthy of a varying degree of derision. It’s no wonder that some people from the former East Germany find the experience somewhat upsetting.
It’s not that people in the GDR didn’t have a sense of humor. They made fun of the system all the time. And they continue to look back at that time with a mixture of humor, dismay, horror, and relief that much of that experience is behind them.
But the exhibits at the GDR museum are meant for tourists, specifically tourists from the West. The wall texts invite you into a shared joke: how silly/strange/exotic those “Ossies” were! It’s not just a matter of making fun of the old-fashioned products and notions of a past generation. At Berlin’s municipal museum, by comparison, a whole room is devoted to how cool and chic the Kurfurstendamm area of West Berlin was during the 1960s. In general, West Germany’s past is treated reverentially while East Germany’s past is treated like an enormous dead end. The proof is obvious: West Germany lives on and East Germany has been absorbed like a disagreeable meal.
Which brings us to the other half of the GDR Museum: the restaurant.
Here, in a replica of a restaurant from a fancy East Berlin hotel, you can sample the best of GDR cuisine, washed down with Vita Cola or Rotkaeppchen, the Coca-Cola challenger and the sparkling wine that are two of the few GDR products still produced in the united Germany. You can order smoked pork with potatoes and sauerkraut, allegedly Erich Honecker’s favorite dish, or what I tried, the stuffed cabbage in bacon sauce.
The food is quite good, at least what I ate there. It’s not prepared in a funny or ironic way. After all, the restaurant is designed to be successful, and no one wants to eat bad food, however representative of a country’s cuisine it might be. You can find some mildly amusing descriptions in the menu. But there’s nothing amusing about the food.
True, these were recipes created for the most elite restaurant in East Berlin. But Vita Cola and Rotkaeppchen were available to everyone. In other words, the restaurant sends a very different message than the other exhibits. It says there was something good about East German life, something worth praising, saving, and even serving to people today. This isn’t simply “ostalgie,” the nostalgia many Germans – even West Germans – have for Trabants and GDR TV programs. It’s an appreciation for the fact that people in East Germany were not simply puppets but active participants in their lives.
I’ve recently met with many former citizens of East Germany. The vast majority would never want to go back to those times. Many suffered a great deal at the hands of the state security forces (Stasi). Some were jailed, others lost their jobs, still others were sent into exile in the West. But they also married, raised families, went on vacations, hung out with friends. They aren’t happy when people from the West dismiss this part of their lives as if it were simply a bad movie.
It’s worse, perhaps, when the West simply ignores the East, pretends that it never happened, like a 40-year-long pratfall that you turn your eyes from. Travel to the western parts of Germany and many people treat the fall of the Berlin Wall as if it happened in a different country.
A recently formed group of young people from eastern Germany – Third Generation East – is an example of how the GDR will not go quietly into the night. These young people want to have an honest conversation about the country they were born in and which disappeared before most of them were old enough to understand what had happened. They’re not into nostalgia. They’re not ready to put East Germany into a museum. For them, it is still very much part of their lives, and they want to know why they feel like a minority. The same holds true for their parents.
Half of the GDR Museum exudes an implicit triumphalism. The other half conveys a more complicated message, the same message as Third Generation East: that East Germany lives on in many ways and reunification remains very much an unfinished business.
2 comments
March 18, 2013 at 1:35 pm
The article “Eating History” is one of the most sensitive and intelligent description I ever read on the reflection of the life in the past GDR in the contemporary united Germany. Thank You, John! More than two decades after unification, we yet urgently need more of such kind of analysis and sensible reflections which may prevent that the perception the history of the GDR is dominated by primtive judgements and stereotypes.
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So, here are some tips for writing a book on yourself: Take some time to reflect on your life. Choose the particular experience in your life that you wish to emphasize. After step #3, make a mindmap of the items that come to mind. Start a book outline using those concepts, then adhere to the remainder of this blog article.
Similarly, What is it called when you write a book about yourself?
A person’s autobiography is a non-fiction account of their life that is written by them from their own perspective.
Also, it is asked, How do I tell a story about myself?
Six suggestions for crafting the ideal autobiography First, do a self-analysis. First and foremost, give yourself some time to reflect on your feelings. 2. Create a list. Fill in the Gaps in Step 3. Observe using your senses. Find the action in Step 4. Focus on the audience in Step 5. 6th step: edit. Finishing up.
Secondly, Is it worth writing a book?
Writing is an introspective, deliberate activity by its very nature. You will be forced to focus inside throughout the book-writing process. You’ll get perspective on what matters to you most via writing. You’ll learn the particular importance of your own willpower via the process of writing a book.
Also, How much does it cost to publish a book?
the conclusion In the US, a book may be published for anywhere from $500 to $5,000. The hiring of an editor, book designer services, and marketing account for a large portion of that expense. The typical self-published book has a publishing and marketing budget of about $2,000.
People also ask, Can I write a book if Im not a writer?
The good news is that you do not need to be a talented writer in order to have a book published. Even writing the book yourself is optional if you don’t want to. There are a ton of choices! Really, all you need is a brilliant concept, a specific aim for the book, and the motivation (and means) to produce something outstanding.
Related Questions and Answers
How do you write about yourself in a creative way?
Write a personal essay. Write about yourself, your environment, your mentality, and your emotional condition in the third person (he/she, not I/me). Spend fifteen minutes writing. Post your practice in the comments area after you’re done.
What to write about yourself examples?
I am ambitious and motivated, for instance. I regularly establish objectives for myself because I like challenges and need something to work for. I don’t like taking things easy, and I’m always seeking for ways to improve and excel. In less than two years, I received three promotions in my prior position.
What should I write about myself in writing?
How to write a self-introduction Include any relevant professional experience you have. Include notable honors and accomplishments. Share any pertinent personal information. Finish on a pleasant but professional note. Select the appropriate vantage point. When necessary, update.
What is the secret to writing a book?
Writing Secrets: 17 Never leave the finest till last. The most crucial section of the work is the first paragraph, sentence, line, phrase, word, or title. The primary responsibility of a writer is to amuse. Show, don’t tell, or express an opinion. Voice is more significant than appearance. More essential than anything else is the story.
What are the rules of writing a book?
The Ten Commandments of Good Novel Writing Read endlessly. Other authors influence writers’ styles. Make detail checklists. Create virtuous behaviors. Make the most of your limited time. Establish a connection with an editor. Don’t worry about the initial draft. In the second draft, look for surprises. Take characters first.
How much do small authors make?
There are self-published writers who can support themselves by writing with an income of $5,000 to $8,000 per month, and some even earn more than $10,000 per month. To calculate correctly, don’t forget to follow our royalty criteria (below)!
How much is the average first book deal?
Can writing a book make you famous?
Rarely do writers become well-known because of their books (especially not first-time authors). Most of the time, persons become well-known for something else (politics, business, acting, sports, etc.) before writing their book.
Can I publish a book for free?
Reach millions of readers on Amazon and self-publish eBooks and paperbacks for nothing with Kindle Direct Publishing. Be quick to market. Your book will be available on Kindle retailers throughout the globe in 24 to 48 hours after publishing, which takes less than 5 minutes. Earn extra cash.
How do I get my first book published?
Four Steps to Publishing Your Book proofread and edit. One or two errors won’t ruin your job, but several ones will give the impression that you’re unprofessional. Decide who your book’s target market is. Determine prospective agents. Send in your manuscript. Directly submit to a publication.
How much do authors get paid for their first book?
How much does a ghostwriter cost?
Costs for a competent ghostwriter range from $40,000 to $70,00. The cost of each job is determined by the genre of your book and the amount of expertise of the ghostwriter. According to Reedsy statistics from 2021, ghostwriters charge upwards of 30 cents per word to write memoirs, while they charge 24 cents per word to compose children’s literature manuscripts.
Can you write a book without reading?
Reading as much as you can, like I did, is the most crucial thing. Your vocabulary will grow, and you’ll have a better knowledge of what makes for outstanding writing. Having said that, even if you don’t read, you can still write. Simply get out a notepad and a pen and begin putting words together.
When writing a book how long should it be?
A word count in the 80,000–100,000 range is the standard guideline for novel writing if you’re writing your first book. The minimum word count for a book is 50,000, while anything above 40,000 may be called a novel. For a fiction book, anything more than 110,000 words is deemed excessive.
How much did JK Rowling make per book?
According to CNBC, Rowling has made well over $1 billion from the sales of the Harry Potter novels alone, assuming a typical 15% royalty, as well as an additional $50 million from her adult books and other Potter spinoffs.
How do I know if my story idea is good?
Ensure that the main conflict in your novel is present. Your character must undergo a metamorphosis as a result of whatever it is that causes them to have their world turned upside down. You’re not nearly ready to begin writing if your concept lacks a conflict.
How do I know if my book will sell?
Your book may be a success if you can get 5,000 followers across all of your social media accounts. It will probably sell well if you drew them in quickly. If it has been more than 12 to 18 months and you are unable to, you do not. At your own risk, self-publish.
Do I need a laptop to write a book?
Modern computers are an essential tool for writers, whether they’re going to compose a book, articles, or blog posts. A laptop for writing doesn’t need to be very powerful since you’ll mostly be using a word processor.
Do most writers write by hand?
Many of us stopped taking longhand notes as students and put handwriting behind us the day we graduated from high school. While the majority of professionals prefer to work on a laptop or tablet, many authors handwrite their manuscripts at various phases of the creative writing process.
Does Stephen King write by hand?
Many well-known authors shun computers while they are initially developing a narrative, and sometimes they ignore them entirely. Among the very successful writers who draft by hand are J.K. Rowling, Neil Gaiman, Joyce Carol Oates, Stephen King, and Danielle Steel.
How do you write 10 things about yourself?
You should be able to say these 15 things about yourself. I did what seemed right. I have faith in myself. My standards are really high. I act toward people as I would want to be treated. I am aware of how valuable time is. I try to see the good in everything. I believe in my gut. Speaking out, I
What to say in introduce yourself?
Here are a few instances: Morning! I’m Aryan, and I don’t believe we’ve ever met. Good day! Surya here. I just moved into the building, so I’m new. Hi Amy. Since I learned that this is your first day, I figured I’d introduce myself. Although we haven’t met in person, I’ll be collaborating with you on this project.
What are 5 words to describe yourself?
The following are excellent ways to characterize yourself: Able. I am able to manage many things each day. Creative. I approach problem-solving creatively. Dependable. I am a trustworthy individual who excels in time management. Energetic. Experience. Flexible. Hardworking. Honest
“i want someone to write a book about my life” is a question that many people ask themselves when they are thinking of writing a memoir. The process of writing a book can be difficult and daunting, but it’s worth the effort.
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2“Now then, I tell you the truth: Three more kings will arise in Persia, and then a fourth, who will be far richer than all the others. When he has gained power by his wealth, he will stir up everyone against the kingdom of Greece. 3Then a mighty king will arise, who will rule with great power and do as he pleases. 4After he has arisen, his empire will be broken up and parceled out toward the four winds of heaven. It will not go to his descendants, nor will it have the power he exercised, because his empire will be uprooted and given to others.
5“The king of the South will become strong, but one of his commanders will become even stronger than he and will rule his own kingdom with great power. 6After some years, they will become allies. The daughter of the king of the South will go to the king of the North to make an alliance, but she will not retain her power, and he and his power a will not last. In those days she will be betrayed, together with her royal escort and her father b and the one who supported her.
7“One from her family line will arise to take her place. He will attack the forces of the king of the North and enter his fortress; he will fight against them and be victorious. 8He will also seize their gods, their metal images and their valuable articles of silver and gold and carry them off to Egypt. For some years he will leave the king of the North alone. 9Then the king of the North will invade the realm of the king of the South but will retreat to his own country. 10His sons will prepare for war and assemble a great army, which will sweep on like an irresistible flood and carry the battle as far as his fortress.
11“Then the king of the South will march out in a rage and fight against the king of the North, who will raise a large army, but it will be defeated. 12When the army is carried off, the king of the South will be filled with pride and will slaughter many thousands, yet he will not remain triumphant. 13For the king of the North will muster another army, larger than the first; and after several years, he will advance with a huge army fully equipped.
14“In those times many will rise against the king of the South. Those who are violent among your own people will rebel in fulfillment of the vision, but without success. 15Then the king of the North will come and build up siege ramps and will capture a fortified city. The forces of the South will be powerless to resist; even their best troops will not have the strength to stand. 16The invader will do as he pleases; no one will be able to stand against him. He will establish himself in the Beautiful Land and will have the power to destroy it. 17He will determine to come with the might of his entire kingdom and will make an alliance with the king of the South. And he will give him a daughter in marriage in order to overthrow the kingdom, but his plans c will not succeed or help him. 18Then he will turn his attention to the coastlands and will take many of them, but a commander will put an end to his insolence and will turn his insolence back on him. 19After this, he will turn back toward the fortresses of his own country but will stumble and fall, to be seen no more.
20“His successor will send out a tax collector to maintain the royal splendor. In a few years, however, he will be destroyed, yet not in anger or in battle.
21“He will be succeeded by a contemptible person who has not been given the honor of royalty. He will invade the kingdom when its people feel secure, and he will seize it through intrigue. 22Then an overwhelming army will be swept away before him; both it and a prince of the covenant will be destroyed. 23After coming to an agreement with him, he will act deceitfully, and with only a few people he will rise to power. 24When the richest provinces feel secure, he will invade them and will achieve what neither his fathers nor his forefathers did. He will distribute plunder, loot and wealth among his followers. He will plot the overthrow of fortresses—but only for a time.
25“With a large army he will stir up his strength and courage against the king of the South. The king of the South will wage war with a large and very powerful army, but he will not be able to stand because of the plots devised against him. 26Those who eat from the king’s provisions will try to destroy him; his army will be swept away, and many will fall in battle. 27The two kings, with their hearts bent on evil, will sit at the same table and lie to each other, but to no avail, because an end will still come at the appointed time. 28The king of the North will return to his own country with great wealth, but his heart will be set against the holy covenant. He will take action against it and then return to his own country.
29“At the appointed time he will invade the South again, but this time the outcome will be different from what it was before. 30Ships of the western coastlands will oppose him, and he will lose heart. Then he will turn back and vent his fury against the holy covenant. He will return and show favor to those who forsake the holy covenant.
31“His armed forces will rise up to desecrate the temple fortress and will abolish the daily sacrifice. Then they will set up the abomination that causes desolation. 32With flattery he will corrupt those who have violated the covenant, but the people who know their God will firmly resist him.
33“Those who are wise will instruct many, though for a time they will fall by the sword or be burned or captured or plundered. 34When they fall, they will receive a little help, and many who are not sincere will join them. 35Some of the wise will stumble, so that they may be refined, purified and made spotless until the time of the end, for it will still come at the appointed time.
The King Who Exalts Himself
36“The king will do as he pleases. He will exalt and magnify himself above every god and will say unheard-of things against the God of gods. He will be successful until the time of wrath is completed, for what has been determined must take place. 37He will show no regard for the gods of his ancestors or for the one desired by women, nor will he regard any god, but will exalt himself above them all. 38Instead of them, he will honor a god of fortresses; a god unknown to his ancestors he will honor with gold and silver, with precious stones and costly gifts. 39He will attack the mightiest fortresses with the help of a foreign god and will greatly honor those who acknowledge him. He will make them rulers over many people and will distribute the land at a price. d
40“At the time of the end the king of the South will engage him in battle, and the king of the North will storm out against him with chariots and cavalry and a great fleet of ships. He will invade many countries and sweep through them like a flood. 41He will also invade the Beautiful Land. Many countries will fall, but Edom, Moab and the leaders of Ammon will be delivered from his hand. 42He will extend his power over many countries; Egypt will not escape. 43He will gain control of the treasures of gold and silver and all the riches of Egypt, with the Libyans and Cushites e in submission. 44But reports from the east and the north will alarm him, and he will set out in a great rage to destroy and annihilate many. 45He will pitch his royal tents between the seas at f the beautiful holy mountain. Yet he will come to his end, and no one will help him.
c 17 Or but she
f 45 Or the sea and
Holy Bible, New International Version®, NIV® Copyright © 1973, 1978, 1984, 2011 by Biblica, Inc.® Used by permission. All rights reserved worldwide.
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High mortgage rates aren’t just thinking would-be homeowners. They’re also doing a number on rent prices — and a panel of experts predict that trend will continue into 2023.
Driving the news: A majority of economists and housing experts surveyed by Zillow say they expect rents nationwide to rise faster than inflation in the next 12 months.
That’s partly because rising interest rates are making it harder for people to buy homes, putting additional pressure on the rental market, Orphe Divounguy, senior economist at Zillow, tells Axios.
What they’re saying: “As more people stay in the rental market, when their lease is up, they end up having to renew,” Divounguy says. That increases demand for rentals, fueling a rise in rent prices, he says.
By the numbers: While the scale of monthly rent hikes is slowing, Zillow’s panel of experts still predicted that rents will rise by an average of 5.4% between this December and December 2023.
That’s on top of the projected increase of 8.6% in rental prices from December 2021 to December 2022.
zoom in: Those increases could be felt more acutely in Seattle, where Zillow says the rent is already 12% higher than the national median.
Zillow’s latest monthly market survey found the typical rent in the metro area is $2,382 — up 10.4% since August 2021.
Meanwhile, single family home rentals in Seattle — posted through the rental company Dwellsy — cost a median of $3,030 per month in July. That makes Seattle one of the top 10 most expensive places in the country to rent a single family home, according to Dwellsy.
What’s next: Divounguy says that the demand for rentals is causing developers to apply to build more multifamily housing projects — it will just take time for those to come on the market.
As those projects are completed, it should continue to slow the growth in rental prices, he says.
Yes, but: Despite rising interest rates, if you are among the few who can afford to buy in 2023, you might find some breathing room, with fewer bidding wars over homes, Zillow says.
The big picture: Most experts surveyed by Zillow predict prices for single family homes will decline in the next 12 months — especially in expensive coastal markets like Seattle and San Francisco.
Those cooling prices, combined with less competition for homes, should shift the market in buyers’ favor in 2023, per the Zillow survey.
Details: While a house earlier in the pandemic might have attracted five offers, a similar home today might only have one or two offers, Divounguy says.
“If you can still afford to buy a home right now, it’s a good place to be,” he says.
If mortgage rates reach 7% — a number they are fast approaching — the monthly payment on a typical Seattle-area home would be $4,035, per Zillow.
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With the widespread use of opioids that taints American culture today, it is important for individuals to have options for care that can help them overcome their addictions and rediscover a lifestyle that is not plagued by the compulsion to use opioids like heroin or prescription medications. Grappling with an addiction to an opioid is no doubt a challenging experience that can cause a person’s life to unravel quickly.
Comprehensive Treatment Centers offer programming options for men and women, aged 18 and older, who have the desire to fight the battle against opioid addiction. With locations throughout the United States, Comprehensive Treatment Centers offer all-inclusive programming that is designed to help individuals overcome these most devastating addictions. Opioids, a classification of drugs that have a long-standing reputation of being highly addictive, can adversely impact an individual’s health, career status, relationships with others, and the ability to live an otherwise happy and satisfying life. Even just one use of an opioid can mark the inception of an opioid addiction, which can, unfortunately, lead to disastrous effects or even a fatal outcome. For the above reasons and more, Comprehensive Treatment Centers have been created and exist all across the United States so that men and women alike can find freedom from this perilous form of chemical dependency.
Located on the East Coast, West Coast, and in numerous communities in between, Comprehensive Treatment Centers offer the transformative care adults aged 18 and older need to find freedom from opioid addictions. Available on an outpatient basis, Comprehensive Treatment Centers enable patients to receive the following medications, which are proven to alleviate the cravings and withdrawal symptoms that are known to emerge when a person is no long abusing opioids:
These medications are not only backed by extensive research for their safety and effectiveness, but they are also proven to help individuals achieve the recovered lives they desire.
Addictions Treated
Those who are most appropriate for treatment at a Comprehensive Treatment Center are, as it has been stated, battling an addiction to opioids. The following types of opioid addictions are those that can be treated at these centers:
Even if you or someone you care about is abusing one or more of the above substances, proper care can be received at a Comprehensive Treatment Center in your area. Remember, there is no shame in seeking treatment when it means improving one’s quality of life. So if you or your loved one is struggling with an addiction to heroin or one of the prescription painkillers listed above, know that medication-assisted treatment at a Comprehensive Treatment Center can be the solution that you or an important person in your life has been searching for.
Treatment and Therapies Offered
One aspect of care offered throughout the network of Comprehensive Treatment Centers is the Comprehensive Outpatient Substance Abuse Treatment program, otherwise known as COSAT. Through this program, patients can receive additional services that are designed to complement the use of the prescription medications that they are receiving as part of their medication-assisted treatment. This program is meant to balance the medication aspect of treatment by providing patients with doctor and nursing care, group therapy, individual therapy, and case coordination services. Within the Comprehensive Treatments Centers that offer COSAT, it is a mandatory part of the treatment process. However, the particular aspects of the program will be tailored to meet each individual’s unique needs.
Doctor and nursing care provides patients with the opportunity to obtain consistent monitoring throughout their time spent in medication assisted treatment. Physicians can provide patients with physicals and meet with them regularly to ensure that the medications they have been prescribed are best meeting their needs. They are also available to make any changes to the medications should the need to do so arise.
Group therapy can be an essential part of the recovery process when working to overcome an addiction to opioids. These groups provide a time for individuals to come together with others who know firsthand what it is like to struggle with this treacherous form of addiction. In group sessions, patients can give and receive encouragement and support to and from peers who are sharing similar challenges. Counselors lead these group sessions and initiate discussions on topics that are pertinent to all of the patients participating in them. Examples of such topics can include, but are not limited to, orientation to programming, how to work the 12-Steps, and relapse prevention.
Individual therapy provides patients with time spent in a confidential, one-to-one setting with a counselor. In this environment, patients can feel safe and supported as they discuss any concerns they have, track their progress in treatment, and celebrate successes as they are achieved.
Family therapy is another option for care that is offered on an as-needed basis. These sessions can be coordinated into a patient’s overall treatment plan should it be deemed appropriate and beneficial for his or her recovery. In these sessions, which are led by counselors, family members can learn about the disease of addiction and gain an understanding as to what their loved one is going through. This can also serve as a time for relationships that have been tarnished as a result of one’s opioid use to start being rebuilt.
Individual, group, and family therapies are all designed to help heal the emotional component to one’s addiction. They are meant to provide the ongoing support and encouragement that patients need as they navigate the road to recovery from opioid addiction.
The compassionate and expertly trained staff members at each Comprehensive Treatment Center are able to help patients not only find relief from the painful and uncomfortable symptoms associated with withdrawal, but they can also assist men and women in uncovering and processing through the factors that led to the abuse of opioids in the first place. Opioid addictions do not manifest out of thin air, nor do they develop simply because a person ingests a substance one or two times. Emotional, psychological, and environmental contributors and circumstances can all influence the development and severity of an opioid addiction, which is why individuals who are addicted to the aforementioned substances require additional treatment for such factors in order to achieve recovery. Each Comprehensive Treatment Center supplies this type of care, as counselors are on-hand to conduct individual therapy sessions and group therapy opportunities for each patient who comes for treatment. These therapeutic interventions allow men and women to uncover and process the obvious and not-so-obvious contributors that led to the development of their addictions and prevented them from being able to achieve recovery in the past.
If you or an important person in your life would like to finally put an end to a heroin and/or prescription painkiller addiction, look no further than your closest Comprehensive Treatment Center. By electing to receive medication assisted treatment at one of these centers, you or your loved one can begin to experience the joys of life without the powerful grips of an opioid addiction. Your new life awaits.
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“I owe my life and recovery to this program. I am so grateful for my counselor and all the staff here for believing in me, guiding me, and supporting me on this important life changing journey.”
Comprehensive Treatment Centers provide medication-assisted treatment and counseling services in an outpatient setting to help individuals struggling with opioid addiction in their recovery.
If you are unable to read or view this page please call our Admissions Support Center at (855) 968-4077.
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The UK Gambling Commission has fined Mr Green a £ 3m fine for protecting him from money laundering. In addition, one has violated player protection requirements.
The British Gaming Authority has been taking strict action against gaming providers that violate licensing requirements since 2018. So far, the agency has issued £ 20m (23m) fine packages to various gambling operators. Investigations against 22 license holders are still ongoing. 6 licenses were revoked. A formal warning was issued in 6 cases. The remaining cases are still ongoing.
In this case, it hit Mr. Green. Among other things, player protection had not been asked in time for the sources of wealth. In another case, documents have been accepted for the origin of funds that the UK Gambling Commission should not have accepted.
How did Mr Green violate UK gaming license requirements?
Mr Green is accused of two major misconduct. For example, social responsibility for gambling has not been met. On the other hand, money laundering prevention mistakes have been made by accepting incorrect documents. As a result, Mr Green will have to pay £ 3m to the National Strategy to Reduce Gambling Harms.
Error dealing with problem gamblers
In one case, a customer had won £ 50,000 at Mr Green. He gambled away the winnings before paying out and paid in several thousand pounds. When investigating the case, the customer’s VIP manager assumed that the gaming behavior was normal. No customer interaction has been initiated. At this point in time, this customer had suffered losses of £ 210,000.
Furthermore, the players had not been properly checked. A customer would only have played at the online casino once a month and always spent a large amount. Commission officials advised the online casino that it could be a player who may receive a salary once a month and then gamble it away. Mr Green admitted in the investigation that such behavior was not taken into account in the player protection program and therefore could not be proactively intervened.
Mr Green also made mistakes when dealing with VIPs. According to their own guidelines, VIPs are informed of their admission to the program by email or phone call that they have become a VIP. This information was demonstrably not provided for a player.
The UK Gambling Commission had discovered in the investigation that there were systemic errors in dealing with problem gamblers. During the investigation, Mr Green worked with the UK GC and recognized that between November 1, 2014 and November 7, 2018, there were no effective policies and procedures in place for customers who may show signs of problem gambling.
Various mistakes have been made in verifying the origin of the money. A VIP customer had deposited more than £ 1 million with Mr Green over the course of his season. As evidence of the source of his prosperity, a 10-year-old document on an insurance payout of £ 176,000 was accepted. The gambling authority is of the opinion that such historical documents are not sufficient to prove the sources of the money.
In another case, a customer who was the managing director of a company received bank evidence that the company account was around £ 12,000 (€ 13,800) in the red. Although the receipt was not accepted, the screenshot of a laptop screen was accepted, which showed a higher amount in dollars on an alleged crypto trading account. At that time, the customer had deposited £ 57,000 with Mr Green.
Mr Green admitted in the investigations that no measures were taken and implemented between November 1, 2014 and November 16, 2018 that are described in the 2007 and 2017 money laundering regulations.
A voluntary review of the 120 top-selling players subsequently closed 113 customer accounts because these players were unable to meet the improved anti-money laundering requirements.
Consequences for Mr Green
The UK gambling authority has indicated that the non-compliance cases occurred prior to the takeover of Mr Green by William Hill PLC. The takeover was completed in early 2019.
A settlement agreement has been reached, consisting of a £ 3m fine. In addition, the investigation costs of £ 10,349.77 (around € 12,000) must be borne by the operator. Furthermore, 130 other customer accounts have to be checked again.
Richard Watson is the Executive Director of the Gambling Commission. He took a strict stance against such misconduct and justified it as follows:
Our investigation revealed systemic deficiencies in both Mr Green’s social responsibility and anti-money laundering issues that affected a significant number of online casino customers.
UK consumers have the right to know that there are reviews to help them play safely. They are also designed to ensure that gambling is crime-free. We will continue to take action against operators who fail in this area.
It is not the first online casino to show misconduct in dealing with problem gamblers and money laundering regulations. For similar cases, video slots have already been fined £ 1m. Even Casumo has been fined £ 5.85 million for violating licenses. LeoVegas had particularly shown misconduct in player protection and was therefore fined just £ 627,000.
The penalties will surely lead to the fact that the origin of the money among the players is now being checked more closely at Mr Green. It is therefore not surprising that more and more players report in the forum that documents on the KYC (Know-Your-Costumer) are required. If the casinos make mistakes, millions of dollars can be imposed and licenses can be revoked. For this reason, the reviews will certainly become more stringent.
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The vegan cheese of the early 2000s and before is one of those products that never quite lived up to expectations. It didn’t taste quite right; the texture was nearly always off; and it couldn’t melt in the same way as animal-derived cheeses when put under the grill.
Perhaps least appealing of all was the unshakeable sense of eating something that was heavily processed; disconcertingly often ‘plastic’ was the word that came to mind as you chomped down on a piece of vegan cheese.
But things are beginning to change thanks to the recent innovation explosion around plant-based protein – including ‘animal-free’ dairy alternatives.
Sweden has produced one of alt-dairy’s biggest names – the plant-based milk brand Oatly, which some pundits are now valuing at as much as $10 billion as it prepares for its New York IPO.
Another Swedish startup diving into the alt-dairy game is Stockeld Dreamery. Unlike Oatly, it’s focusing on cheese, and hahas just launched its first product, Stockeld Chunk, in retail stores and restaurants in the Nordic country.
Stockeld Chunk is the result of over two years of R&D, and is manufactured through a fermentation process using peas and fava beans. “Inspired by Greece and made in Sweden,” according to the startup, the end product has “a familiar acidic and salty taste, with a rich, smooth and crumbly texture” akin to Greek feta.
Formerly known as Noquo Foods, Stockeld Dreamery was founded in Stockholm in 2019 by tech entrepreneur Sorosh Tavakoli and food scientist Anja Leissner. AFN chief editor Louisa Burwood-Taylor (LBT) recently sat down with Tavakoli (ST) to taste-test Stockeld Chunk and record the latest episode of the Future Food podcast. You can listen to the audio below or on your favorite podcasting app. Or you can read the transcript below to find out more from Tavakoli on why he launched Stockeld, the wonders of fermentation, and the unique challenges of creating what he describes as “the world’s most ambitious cheese.”
LBT: Thank you so much for joining me today, Sorosh. So where are you right now? How would you describe your relationship with food? Are you a big eater? Do you eat for survival? What’s your favorite food?
ST: I am in Stockholm right now and I like food and I eat a lot of food, and I’m also the rubbish bin in my household. Every household has that one person who eats everyone else’s leftovers. So I’m that person. I’m always innovative with whatever’s going bad. “Oh, it’s not that bad. You can just cut away the brown edges or whatever ends.” But I really like food. I like cooking.
LBT: Any food that you just will never eat, either for personal reasons or because you just hate it?
ST: I’ve stopped eating meat a while back. I just felt … Trying to stay away from it from an ethical perspective. I didn’t want to go fully vegetarian, but then nobody respected me for that. So wherever I went, they were like, “Ah, but you eat meat, right?” And then there’d be a big steak. I was like, “I do. But I don’t actually want to eat much of it,” so I felt I had to just put that vegetarian label on me. So people would adapt a bit when I go meet them.
LBT: Oh, wow. So you felt pressure for that? Or it was a direction you were going?
ST: Like you go to a barbecue and all they do is meat, and there’s a bit of vegetables. You can’t go eat all the vegetables. There’s nothing left for the rest. But now when they do a barbecue, they do a lot of vegetables so I can happily eat the vegetables. But it’s hard. I don’t mind having a bit of meat every now and then, but it’s also then I lose my face a bit. So I sneak doing that. Working with food, I don’t want to be handicapped. I definitely eat cheese. I eat lots of cheese. I feel it’s important that I can eat cheese.
LBT: Well, so you’re a reduceatarian, a flexitarian, but a very hardcore reduceatarian. More on the production side than the other side.
ST: For sure. Definitely. I would say I am 95% vegan. I would go that far actually.
LBT: So you have a background in advertising technology. What made you come into food?
ST: Oh, wow. I was looking for a big problem to solve with my second company. I had a full journey with a video advertising company and then selling that, I knew I wanted to do another big adventure. So I really took my time, and then I wanted to do something good for the world. First I had to figure out what is good and the people who do the best good, what are they doing? It was a long journey for years that took me to the food industry pretty quickly. I looked at microalgae and duckweed for about 10 months before deciding to not do that and focus on the protein shift and specifically cheese. It’s a huge problem. 4% of global emissions come from the dairy industry, and there’s just lots of waste of resource. That’s how I ended up in cheese. I was looking at what’s happening. We have to shift our diet towards a more plant-based diet. Everybody agrees with that. People understand that, people are trying to shift, people are trying to reduce to various degrees. But then they’re very limited to the alternatives available to them as they’re trying to shift. Where there are good products, the shift happens, and where we don’t have good products, like cheese, we don’t bother. We stick to the old products, animal animal-based products. But it’s kind of like we stick to them despite them being made from milk that comes from an animal. The question is just, what would it take to make better products? No one’s really tried to make a better cheese.
LBT: Yeah, it’s interesting because alternative meats have been around for ages. I live in the UK. We’ve had a company called Quorn that’s been at it for years. Veggie burgers and stuff has been kind of in our vernacular, but a plant-based cheese is definitely something a lot more rare. I’ve probably only tried a couple. I think Miyoko’s Kitchen in the US, they were everywhere. So it’s interesting. For me, I eat a lot of cheese and feta, which is quite similar to the product we’re going to talk about today. I would never have thought to kind of replace that and do something different if I wanted to make salad with it or whatever. So it’s definitely a new category. But did you consider alternative meats or alternative milks or anything like that?
ST: I was never interested in meat myself. As I had less and less meat, I didn’t want to have fake meat. I was looking for other products too. I was really into tempeh. I thought it was a fantastic meat replacer, but not a meat imitator. So I was never interested in that. But cheese, I mean, yogurt, my God, it’s terrible, plant-based yogurt. The milks are great. I mean, lots of variety, full of flavor. There’s different nutritional profiles. The only thing with the milks is the price. I mean, they’re still like twice the price of cow’s milk, but it seems to not be an issue. I mean, the market is growing really, really fast.
LBT: Yeah. I’m definitely an oat milk convert. Yeah. Oat milk convert. So you mentioned algae and duckweed, and I’m super fascinated by this space. I think it is going to blow up at some point. Maybe not blow up, but slowly inflate. But why did you not go into that?
ST: I would say it was almost like a personal decision. I realized you need to do lots of work on the growing systems, cultivation systems. You have to create mono-cultures eventually. So you want only your, if you grow duckweed, you don’t want algae to grow in your water. You need to then take this plant, which is green, it’s a leaf basically, and you need to extract the protein and more importantly, actually extract the color out of it because nobody wants a green protein. And then make it taste neutral, and it’s just a long journey. First figure out the cultivation, then figure out how to make it useful, and you also want the proteins to be functional for them to be useful. There’s just so many things to do. Also duckweed is a novel food in Europe. Sweden’s a terrible place to grow food. You can grow it half of the year at best. So there was a lot of things that I was just like, “Now I know exactly what I need to do, and I don’t want to do it.” […] And I was like, “Why limit myself to one ingredient?” I felt it was much more compelling to have access to all the tools in the world, all the ingredients and that way be able to create better products. But also I felt there’s a huge need in kind of better packaging or presentation of the product where all of the products were vegan and we’re free from, and we’re not this, and we’re not that. Very little about what they are. There was zero engagement. I think beyond Miyoko’s there is no other brand that I think anyone give a shit about to be honest. No one would care if they die. Like the product, one or two.
LBT: Right. So I’ve got Stockeld Chunk here, and I’ve been trying it and tasting it. It is delicious. So as I said, it’s like a feta, but it’s not a feta. Tell me a bit about the thinking. Why is this your first product launch? I’m going to eat some now.
ST: Yes. So excited to send you cheese. So we’re launching the product next week. Thursday, May 6. I don’t know when you’ll publish this. But yeah, we’re super, super excited. We’ve been in R&D mode for about two-and-a-half years. We’ve developed this kind of protein technology platform that allows us to do a lot of things. The first product coming out is the Chunk, which is a salad type cheese, a feta cheese alternative you could say, as in it should be used in a similar way to as you do with a salad or a feta. But it’s not meant to give you the full flavor experience as a feta. So it’s kind of honest to its own flavor, but functionally in the texture and the use cases are meant that way. So we’re super, super excited about the product […] I have to say we’ve done … Confidently, we’ve done more than 1,000 iterations. I think we’ve had over 40 chefs involved in the process who’ve been trying early on spitting it out every now and then. The chefs are very honest. They’re not out to please you. So the feedback has been very honest and consistently improving. Even in November, December, I honestly had a lot of doubts around the product. Is it good enough? […] Something happened in February as we really nailed the production in our facility where the feedback started to turn dramatically. We also went a bit more into launch mode, and the last 15 meetings, every single chef has said, “This is great. I want to put it on my menu.” It’s just been like not being able to fake the feedback. So we’re very excited about the product. Also, when you ask chefs kind of like, “What would you do with it,” it’s all over the place. They’re full of ideas of how to use it in different contexts.
LBT: What changed in February?
ST: I think it was just the continuous optimization that we’ve been doing on the product, and we have some further optimization we’re doing now as well. I realize maybe we should talk about also what the product is made of and kind of what it is. So it’s the fermented cheese made from pea and fava protein, and it’s nutritionally very equivalent to feta cheese. So it has about 13% of protein, it has almost no carbs, and it’s about 20% fat. So we’re super excited about the nutritional composition. It’s also being fermented. It has live microorganisms in the product as well. We have seven ingredients in total.
LBT: Tell me about your discovery process, because I think this might be… Some of the companies in the space have their secret sauce. How did you pick your ingredients? I guess pea protein is not a crazy idea. Lots of different alternative protein companies are using it, but how many different ingredients did you trial with and what was the discovery process?
ST: Yeah, I mean, we’ve done some, let’s say, basic research while also developing the product. So we’ve screened more than 500 proteins in this process. So we’ve really been looking at how to functionalize them, what their molecular kind of interactions are. Eventually it’s about kind of building … If we go into nerd mode … How do you create a matrix where the protein is the key component, or let’s say the scaffolding that keeps things together? And then eventually makes a complete food system where you have fat, water, starch and other components kind of come in […] Then you want to, in our case, after creating cheese-like characteristics, we want to mimic casein behavior, but also the complete food system. The milk fat is also quite unique. So then it’s about kind of picking which cheese you’re after and what characteristics, and the key challenge is in the texture. That’s where we’ve been spending most of our time. That’s also, frankly, what we’re the most excited about having achieved. Now with this technology, we’re deploying it to make a cream cheese, and we have other cheeses in the pipeline coming next year as well. So the cream cheese will actually also be launched this year.
LBT: So the texture is harder than the flavor.
ST: Yes. Very, very.
LBT: Why is that?
ST: Because you can always kind of, there’s a lot of work you can do on the flavor. The flavor is maybe you can say the flavor is dead somehow while the texture is, it’s dynamic. The functionalized ingredients and proteins that keep it together. Maybe you can think of something like you can have dead powder of something and it won’t do anything. You mix it with water, whatever, it won’t do anything. But the whole trick is like how do you make these proteins really functional to hold, let’s say, if you think of a feta, so it can be dense enough, so it can crumble just in the right way. You don’t want it to be like a jelly. You definitely don’t want it to be like a Nutella […] You also want that authentic crumbliness, which is dynamic and kind of a bit irregular and not homogenous. So there’s a lot of things to figure out with that. And also you can’t fool the mouth as much as it comes to texture and the mouth feel, how it coats your mouth and all the different phases when it’s mixed with your saliva, when you swallow, all these different components. The mouth is pretty good at detecting fake. I think you have that a lot in the vegan cheeses today. The flavor sometimes like, “Wow, this is kind of cheese,” but then it just, boom, it’s gone. It doesn’t stay in your mouth or it doesn’t continue.
LBT: Well, it definitely crumbles like a feta. So you definitely nailed that. Tell me a bit about the process then. Actually, I was going to follow up and say, I guess you want to get all that texture without putting loads of crazy other ingredients in, right?
ST: Exactly. That’s also where fermentation comes in. So it’s a fermented product. What cultures do you use? Temperatures and cultivation times. All these things matter. For example, if you try the product pre-fermentation and post, it’s like you can’t even taste it before it’s fermented. It just tastes like pea protein. Lots of off flavors. So there’s a lot of stuff happening in that as well that is really interesting and important because that the flavor, it’s hard to make it neutrally flavored. Uou can make something with great texture, but it might have tons of off flavor, especially if you have a high protein content, as we do. 13% is unheard of in the world of plant-based cheese today. I think a big part of that is because these proteins have so much flavor that you just can’t work with, so you have to tone it down. There’s a lot of work we’ve done in that as well, making sure that it has a really nice flavor.
LBT: How have you managed to put more protein in and deal with that flavor? Is there some secret sauce here that you want to be cagey about?
ST: No, but I mean, I’m trying to stay very conceptional and say common sense things. Obviously, we’ve just filed our first patent regarding this product as well, and obviously there’s lots of IP that goes into this technology platform.
LBT: It’s IP around the process? It’s IP around how you ferment-
ST: All of it.
LBT: It’s IP is around the ingredients?
ST: All of it, I would say. Yeah.
LBT: Being very tight-lipped.
ST: I mean, we’re all about R&D. We’re upset about cracking this and we have an R&D team of six people now, and they’re working hard day and night. So obviously we want to make sure that we can make the most value out of that.
ST: We have, yeah. I mean, the whole company’s kind of exploded. We were three people in August, and we are 13 now, so in less than a year. Then we’re going to be close to 25 by the end of the year. All cylinders are running right now.
LBT: How do you prioritize which teams to expand over others? I mean, it sounds like it’s growth on all levels, but where do you kind of have extra people?
ST: Yeah, it used to be all R&D because we didn’t have a product, but then as the product was getting ready, we needed production. Then Ali joined us. He’s had 13 years of experience in food production, and he’s run a chocolate … He’s our Willy Wonka. He ran a factory with 350 people. So super fortunate to have him on board. Then now just in the last two months, we’ve had our head of sales join, a head of marketing, and also Daniel joined us on the special projects and strategy. But then honestly, we’re also investing a lot in people operations and HR given how fast we’re recruiting. So you also need to build the structures around the company as you’re growing so fast. All these people need a laptop and a phone. There’s all these things around it as well.
LBT: Yeah. You’ve got to look after them. What is your go-to-market strategy? Is it restaurants?
ST: Yeah, we start with food service, and we’re trying to be really thoughtful around the brand. Also, I mean, we have to crawl before we walk and run and all that stuff because we still haven’t sold a kilo of cheese. We were humble as it comes to production. Two weeks ago, we had a failed batch at production, which was supposed to be sold. That’s why actually the batch you got is five weeks old. Things like that will happen. So we don’t want to go crazy from the get-go. We’d rather go with a few restaurants. We’ve lined up now two restaurants or it’s one restaurant and a bakery that we’re launching with where they’ve made special dishes with the product […] We also have Stockholm’s best cheese store and wholesaler, which we’re really, really proud of. They have 400 to 500 cheeses at any given point of time. They’ve had one vegan cheese three years ago that they didn’t eventually think was good enough. They were over the moon when they got to try the Stockeld Chunk. The owner there, he said, “Well, wow, if I’d been in Asia and they would have served me this cheese, I wouldn’t have doubted one second that it was made from milk. But obviously, flavor-wise, it’s not fully what I’m used to,” but they think it’s a great product. He also said, “I’m confident we will provoke some of our customers who will come in and say, ‘this is not cheese.'” We’re excited to have them on board and get that kind of validation, which again is … Cheese is very special. There’s 10,000 different cheeses in the world […] So there’s not this one cheese to mimic. You also have craft that goes into cheese. We want to be respected as a real cheese, but I don’t think oat milk really wants to be respected as a real milk.” Because that definition in a way is that it comes from an animal and the same goes for meat. I don’t think that the plant-based meats want to be respected as a real meat. But we want to be a real cheese. We want people to think this is a new cheese and it has its own characteristics and flavor, and I really enjoy it for what it is. And that’s where not faking it, just making it comes from. We’re not trying to fake some other cheese. We’re trying to just make great cheese products.
LBT: Interesting. I mean, I actually think Impossible Foods does want to be called a meat. They’ve got this new ad campaign … I don’t know if you’ve seen it and it’s all some Southern accent saying, “This is meat made from plants.” Terrible impression, but they’re very much drumming home the meat phrasing, the meat word, which is interesting. That kind of gets into the whole, can you call it these things. Are there any lobbies in Sweden around using the word cheese? Because in the US there’ve been various different states that have banned the word ‘milk,’ for instance, for marketing plant-based alternatives.
ST: Yeah. Unfortunately we have the Amendment 171. 171, which is all about trying to protect the dairy industry and what they’ve built over the many years and kind of not have us new companies that come with other ingredients infringe on their kind of IP or the brand-
ST: That they’ve built. That’s all about. There’s a big fight. I know there’s lots of lobbying going on, on both sides, obviously of this. I’ve read the draft, and it’s super vague, what it actually means. I think it will all come down to how it will be interpreted and put in effect into law. So we’ll see how that goes. For now, I think you can say vegan cheese or plant-based cheese. You can put that on the package, but just knowing that you might have to change your mind […] But we’re not going to use the word cheese. I mean, we use the word cheese on, I mean, I’ve said it 200 times already in this conversation, and we’re using it on the website in terms of our ambition. Our first vision is to create the world’s most ambitious cheese, and you can’t take our ambition away from us. The way we define the world’s most ambitious cheese is something that is tastier and more nutritious, something that is preferred by top chefs and restaurants, a cheese that’s very resource efficient, constantly using less and less. Be smarter with the resources. And a cheese that’s available for all, so not a premium product as such. That’s what gets us up in the morning.
LBT: Yeah, right. Exactly. So I want to dig in a little bit more to the ingredients, in particular about the pea protein. There are some question marks around the sourcing of some of these core ingredients, not the least because there’s been at times some scarcity and thinking in terms of pea protein, but also how that pea is grown and so on. How far up the supply chain do you go? Do you literally just purchase pea protein powder? Or is there something you do with it before yellow pea? Just tell us more about the pea.
ST: With kind of sustainability being kind of at the core of our why, we do have lots of debates internally as to what is important, what is important when, and how important is it, et cetera. Obviously the ingredients are very important for us. The key focus that we have is to remove the milk, which is the really resource intensive ingredient […] So the second step is to create a very, very good product that people actually want to eat. That tastes good. That has the right appearance, flavor, all these things. Functionality. Then obviously the ingredients are important. We’ve obsessed on science trying to get down the recipe to as few ingredients as possible, as simple processing as possible […] We’re using pea protein and fava protein. We buy the powder. So far we haven’t been very sophisticated as it comes to sourcing. We’re working with suppliers, we’ve talked to plenty. We’re trying to source ingredients from Europe given that we are here, but we also have global ambitions. We’re not necessarily trying to be too Swedish. That said, every Swedish chef and purchasers, they’re always like, “What ingredients are Swedish?” We’re kind of trying to navigate that and being clear about we do have larger ambitions than Sweden and frankly, today there is no Swedish pea protein. There is no Swedish fava protein. There’s Swedish peas, and I think there’s some people growing fava. Even on European basis, there’s no fava that is processed in Europe. We found one tiny provider, but they can’t really offer scale. That’s a shout out to the listeners. If you have European grown and processed fava protein, we’d be very interested in that. So the pea comes from, I think it’s both from North America and Europe, but it’s processed in Europe.
LBT: Okay. Interesting. I mean, I presume a lot of that infrastructure is going to build out with demand in all the alternative space.
ST: So many things are happening in that space. So very, very excited to see where that goes. Also, as we increasingly grow food for humans and not for animals. Hopefully farmers can also make more money doing that. So, very excited to see where that goes.
LBT: So where next after Sweden?
ST: I think the second and third market, we’re debating between Germany and the US. I love the pod you did with the woman from Eater, who’d done this long, super long article about plant-based cheese. I spent a ton of time in the US, and we’ve had cheese from all over the world. There’s just no good product anywhere […] She summarized it as the three categories. The flavored fat as she called it, coconut oil and starch. We call that category, which is like 80% of the market. And then you have the nut based at scale, which is maybe Kite Hill and you’ll have Simply V does some of that in Germany, but then you have, obviously Miyoko’s that’s based on nuts. And then you have the super crafty, delicious, handmade dessert cheeses that are made also almost exclusively on cashew, but also can be other nuts. We don’t fit any of those categories because we’re made from plant proteins using pulses and our protein content and our nutritional composition in total is just very, very different from all these other products. Also, I would say from a sensory perspective, texture, flavor, et cetera, we stand out. So I’m very stressed about moving out of the 10 million inhabitant country of Sweden.
LBT: It sounds like the world is your oyster. Yeah. It sounds like the world is your oyster. There’s lots of places you could go.
ST: Yes. But it’s also, cheese is not a global product. I mean, it’s not really used so much in Asia, for example. So it is predominantly, the cheese market is Europe and US, even though pizza is taking over the world.
LBT: There’s been some bad press in the plant-based space around the health and nutritional profile of some of the alternatives and the level of processing. Where do you stand on that? I mean, obviously you’ve decided to go for a few ingredients. I’m not sure about the processing element. It sounds like that’s some secret sauce. But where do you stand? Do you think it’s a bit unfair? Do you think it’s the meat lobby kind of thinking of something to throw at this growing industry?
ST: I think it’s an intriguing topic, and I do think it’s interesting too. We’re not eating meat, but then what are we eating? I think that question is very valid, and it deserves a proper discussion. I’m sure also there’s lots of polarization going on in terms of the opinions that are flying around. But I mean, as it comes to cheese where I nowadays call myself an expert, having had, God, I don’t know, 100 different plant-based cheeses, I think a huge majority of those are just completely nutritionless. I mean, it’s coconut oil and starch and usually modified starch. That’s what these products are. Especially, if you replace, if you add it to a sandwich or wherever else you add it, usually it would make up a nice mix of nutrition where the protein is a key part of the cheese ingredient. They just have none of it […] So the Violife, for example, their Greek Block has zero protein. You have the Green Vie their also feta has zero protein. Most of these, I think that might have 3% tops. I think that’s problematic. And also, I mean, as you think about the live microorganisms, I think that’s also something that is beneficial. Also, when you ferment, there’s lots of other benefits coming to the product in terms of how it’s kind of pre-digesting the food for you. I do think it’s important. For us, I mean, we want the nutrition to be built in, so you don’t have to go think about it too much. But food without nutrition, it’s not really food. Like empty calories. What is that really?
LBT: Just quickly on the fermentation. Are all your cheese is going to use fermentation or is it for the Chunk? Because I think feta is fermented or I guess most cheeses are fermented.
ST: Yeah. Fermentation is a great tool. We have had also work done without fermentation. But we are big fans of fermentation, and there’s other areas where we think we’ll use fermentation as well that I won’t go more into. But yeah, that’s-
ST: Yes. Unless you pasteurize it, which is basically when you kill everything that’s in it. We don’t do that with this product, at least.
LBT: What is fermentation? Can you give us a layman’s description?
ST: Yeah. So fermentation is the oldest, most common food processing technique. Basically it’s when bacteria start eating the food. Historically it’s been the bacteria that are naturally already on the food. So obviously you have chocolate is fermented, beer, any pickled kimchi or there’s just so many, or basically any cheese out there. For us, what we do is once we have our ingredients, we basically add a starting culture, which is made up of a number of different bacteria. They like to eat sugar, they like to starch, but they also like to snack on the proteins, and they create these enzymes that go off and cut off these proteins or also bind them together in different ways. So it’s both really as it comes to flavor, getting rid of, so as you get really sophisticated, you can design the right bacteria, the right enzymes to go off and for example, eat or break down the molecules that create the off flavor. Or you can go off and actually create molecules that make up a cheese flavor from the pea protein. It’s really intriguing, but it’s also really, really complex because it’s billions of these things, and you can’t usually be that precise.
LBT: Are you designing your own microbes and bacteria in house or are you purchasing them?
ST: I would not comment [on] that too much right now.
LBT: Interesting. Interesting. Awesome. Okay. Well, we’ll finish off with a big question about the future food system. Say it’s 2050, what two or three things you think are going to look pretty different from today in the way that we purchase our food, we grow our food, we eat off food.
ST: For me, I think externalities have to be priced in. Having true cost accounting will be really important to have that. That will be like a self-regulating system to make sure at least from a sustainability perspective. Then I really wish for a food system where we have nutrition and sustainability built into the products that we eat so we don’t have to think about it, and the food system, but also the food experience can be so much more about just joy and community, connection. Stockeld actually, our name means campfire in old Swedish. The campfire is like that place … I want the future food system should provide the food experience around the campfire where we don’t care about labels, the nutritional label or the ingredients. We don’t think about our weird keto diet or the carbs we get or the BCAA that I need before my workout. So where food is just joy and pleasure and community somehow.
LBT: Cool. Love it. Well, thank you so much, Sorosh. Always great to chat, and thank you for sending the Stockeld Chunk. It really is yummy. I’ve been nibbling on it throughout this conversation. So thank you. Good luck with the launch.
alt dairy, cheese, Europe, plant-based, podcast, sweden
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I am working across Age of Wonder, JU:MP, and establishing the Bradford Centre for Qualitative Research (CQR) to embed qualitative research in the work here at BIB. I have recently completed my PhD in criminology at Manchester Metropolitan University where I undertook an ethnographic exploration of rugby union as a vehicle for supporting Positive Youth Development within the youth justice system. My thesis is a critical interrogation of how masculine discourse found in sport and youth justice, can interact within the context of sports based youth justice programs to inhibit sports potential to encourage asset development. Prior to and alongside my PhD I achieved a Bsc in sports coaching and development and an MRes in Education at the University of Gloucestershire and have worked in sport development roles for organisations including Huddersfield Giants and Volunteering Matters. Most recently I have been involved in research projects involving youth offending institutions and police forces on behalf of the Ministry of Justice, and adult prisons on behalf of the University of Glasgow. My research interests include youth development, violence and masculinities, and sport criminology.
Why you enjoy working at BiB
It’s great to be part of a research team working towards making positive and meaningful real-world impact
Favourite toy when you were a child
Favourite pastime when not at work
Taking my dog Merlin for walks anywhere I can get a decent oat milk latte. Also enjoy being active – paddleboarding, CrossFit, BJJ. Oh and eating good food!!
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Born in Bradford is helping to unravel the reasons for the high level of childhood illness in the UK and bring new scientific discovery to the world.
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What significance do dreams have? Are they nonsense mumbo-jumbo? Or do they provide valuable insights into our inner worlds? Noted psychoanalyst Carl Gustav Jung believed that dreams were an important compensatory tool for our minds to cleanse themselves and achieve harmony. In his book ‘Dreams’ he maintains that “all dreams are compensatory to the content of consciousness…and contribute to self-regulation of the psyche by automatically bringing up everything that is repressed, neglected or unknown” (p.38). According to him, during the day we repress unpleasant thoughts, judgements, views, directives and tendencies. At night-time, these are spontaneously reproduced in our dreams in the form of symbolic imagery, allowing our minds to achieve resolution. He calls this the process of individuation, which is the uniting of the conscious and unconscious processes to achieve human actualisation. He states that “since everything living strives for wholeness, the inevitable one-sidedness of our conscious life is continually being converted and compensated by the universal being in us, whose goal is the ultimate integration of conscious and unconscious” (p.80).
So, if we want to interpret our dreams, where do we start? Interpretation of dreams is essentially the interpretation of subjective content. Jung says that “a dream is a theatre in which the dreamer is themselves the scene, the player, the promoter, the producer, the author, the public and the critic” (p.54). Jung maintained that there is no “sixth sense” needed, but he did warn that it is a very “exacting task.” What he advised is “psychological empathy, ability to coordinate, intuition, knowledge of the world and of humankind and above all a special “canniness” which depends on wide understanding as well as on a certain “intelligence du Coeur” (p.74) and cautioned that justifiable interpretations would only come through a “painstaking examination of the context” (p. 74). As Jung placed importance on the role of archetypal imagery – common mythological figures and symbols which often appear in dream sequences – he also thought that without understanding their meaning true dream interpretation would not be possible. It may be helpful to keep in mind that along with Freud, Jung was pioneering research in this area and perhaps went a little overboard on the eligibility criteria for dream analysis.
However, if we want to begin to interpret our own dreams drawing from Jung’s theory, here are a few pointers with which to start:
1. Be aware of the conscious content. Jung stressed that dreams are formulations of repressed content from the conscious mind which takes refuge in the unconscious mind. For us to truly understand the content of our dreams, we must also have a thorough understanding of the content of our wakeful hours. I find that keeping a journal and noting down the main occurrences of the day, as well as your thoughts, feelings and interactions, may serve as a valuable cross-reference for the contents of your dreams at night. When analysing dreams, it may be helpful to ask – what conscious attitude I am compensating for?
2. Series rather than singular. Jung placed emphasis on interpreting dream-series rather than singular dreams. He said that this would guarantee “a relative degree of certainty…where the later dreams correct the mistakes we have made in handling those that went before” (p.93). However, don’t worry if a particular dream happens only once. Note it down anyways for your own reference.
3. Imagery and symbols. Try to identify all the major dream images and sequences and detail them in full. Jung believed in a universal collective consciousness where certain symbols, deeply rooted in our human history, will have a shared meaning. A comprehensive study of mythological symbols is beyond most of us but don’t despair – the more information you can gather, the better! It is advised to keep a dream journal beside your bed and note down your observations as soon as you wake up. The film between unconsciousness and consciousness is still permeable at this time, which can make the details easier to recall.
4. Don’t over-analyse. Jung thought that “(i)n themselves, dreams are naturally clear – they are just what they must be under the given circumstances” (p.98). Where it is helpful to note down your dreams when you recall them, do not fret too much if you cannot make sense of them or if you don’t remember them at all. Meanings can reveal themselves to you with time, or as you gain more of an awareness of your conscious processes.
Jung believed that “the unconscious does not harbour in itself any explosive materials unless an overweening or cowardly conscious attitude has secretly laid up stores of explosives there” (p.119). If we experience nightmares, we must thoroughly explore the conscious content to gauge a better understanding of what we are repressing.
He believed that dreams are backward facing in that they are rooted in a person’s prior history but also forward facing and may hold important clues to what the future has in store. He says “we do not understand that everything of psychic origin has a double face. One face looks forward, the other looks back. It is ambivalent and therefore, symbolic, like all living reality” (p.134).
He maintained that “the voice of the unconscious so easily goes unheard” (p.82). By keeping a personal dream journal, we give form to the utterances of the unconscious and may in our own way, begin to make sense of ourselves.
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Kay O' Neill hails from Ireland. They likes words, meditation, and endless cups of chai. They currently work as a Communications Project Officer at the London School of Economics. Follow their journey on Instagram @specialkaydelivery View all posts by specialkaydelivery
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The holiday season is in full swing and if the madness that ensued on Halloween is any indication, things are about to get crazy! Every year when the holidays roll around, families find themselves struggling to get it all done: planning holiday trips to visit the family across the country, scheduling fun activities for the kids during their winter breaks, shopping for the perfect holiday gift for everyone on your list, and of course, planning and preparing for the family holiday dinners! It’s the most wonderful time of the year…and it can also be the most stressful!
When we are in the midst of the holiday frenzy, it can be difficult to get it all done while still maintaining our usual routine. During the months of November and December, it seems that every waking moment is filled with party planning and holiday shopping, budgeting and wrapping. It’s not uncommon to get caught up in the holiday madness and find ourselves feeling a little guilty about not dedicating enough time to the kids. I’ve partnered with Minute Maid® this holiday season to spread an important message because they want parents to know that we’re actually doing better than we think; we’re actually doing pretty good! This new Minute Maid® video shows parents that we’re #Doingood.
I find myself feeling quite a bit of mom guilt when it comes to the holidays this year because as I am in the midst of my divorce, the last thing I want to do is participate in the usual family holiday activities. My big family celebrates every holiday in a big way, and this is a tradition that Angeline has known her entire life.
While I am not ready to spend my first Thanksgiving or Christmas as a “divorcee” quite yet, it’s important for her to have her family traditions – so where does that leave us? She is planning on spending Thanksgiving with her biological father’s family this year, which worked out perfectly – I am going to run off to Germany to spend “friends-giving” with friends of mine, and my ex-husband is going to spend Thanksgiving with his parents. This will be the first holiday that we spend apart, but when I really sit down and think about it, it’s not that bad…Angeline hasn’t spent a holiday with her biological father’s family in many, many years. So that’s #doingood, right?
There are families like mine all over the country, preparing for the upcoming holidays while juggling jobs, busy lives, struggling budgets, conflicting family invites…and children just bursting with excitement over seeing cousins and far-away family members. While we may feel like we aren’t getting it all done, and that the kids aren’t getting all of the attention they deserve during the holiday rush, sometimes we are just too hard on ourselves. Are your kids smiling? Are they playing with their cousins and friends, reconnecting with family members – even something as simple as enjoying a snow day? Then you’re #Doingood.
Do you know a parent who’s #doingood this holiday season? Please share a story about them with me in the comments below and join the conversation with Minute Maid® on social media by following @minutemaid_us and using the hashtag #doingood!
This is a sponsored post written by me on behalf of Minute Maid®.
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Jenn, AKA "The Rebel Chick," is a single woman who strives to help her readers live their best lives possible. Whether it be through sharing new recipes, sharing her dating stories, or encouraging people to embrace adventure and travel, she aims to inspire people to live full, happy and authentic lives.
Comments
Dee @ Cocktails with Mom says
November 27, 2015 at 2:32 pm
I come from a family of strong traditions as well but we decided to spend Thanksgiving home this year instead of getting on the road. It felt different and although it would have been great to see the family and the boys play with their cousins, we started our own tradition this holilday and that was good enough. It was perfect for us!
Cristi Comes says
November 27, 2015 at 2:34 pm
Mom guilt is the worst during the holidays! It’s the busy season for work and working from home it’s hard sometimes to spend enough time with the kids when they’re off school. Thank you for the reminder. They love this season and I know I’m doing OK.
Nicole says
November 29, 2015 at 11:26 am
I like Jenn’s comment about the “journey being the destination.” Don’t be so hard on yourself with the mom guilt. Enjoy your holidays and just love + be kind. It will all be OK.
katrina g says
November 29, 2015 at 1:25 pm
Melissa Hagan says
November 29, 2015 at 2:00 pm
I always feel the “mom guilt” too but I think you’ve done great. That video is cute though and a good reminder to all of us moms!
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Temptation. You face it. It is hard. The devil makes sure that the temptation is presented at just the right time, appealing to just the right vulnerabilities of the moment, and packaged in a way that is appealing.
Temptation. I faced it, too. Notice that I was tempted to use My power to be self-serving — to ease My hunger. I was tempted to take a shortcut around the plan of God — to bow down to the evil one, and all the kingdoms of the world would be mine without the price of the cross. I was tempted to be spectacular — I could show the world in a grand display that I was the Messiah because the Father protected Me.
You will be tempted. Temptation can come from your own desires (James 1:13-15). Temptation can be specially planned and orchestrated by the devil and his evil scheming (Ephesians 6:11). And yes, as I was tempted, the devil will tempt you to be self-serving, to take shortcuts around the requirements of God, and to be spectacular so you can call attention to yourself.
Your first line of defense against temptations is knowing the Father's will revealed in Scripture. Just as I answered each of the devil's temptations with principles from Scripture, you need to know Scripture to know how We want you to live and act so you can recall Our will for you when you face temptations. However, knowing Scripture is not sufficient to fend off your temptations. You need to know the Father and His deep and abiding love for you. When I faced these temptations, I not only knew the Scriptures, but I also knew the Father and His great love for Me.
In your trials and temptations, remember this: I faced temptations and trials, too. I know what they are like. I can help you through them. I love you. I will walk with you through temptation to strengthen, encourage, and support you. And if you fall, I will help you back up and put you back on the path of God.
There is a truth I want you to hear about My temptations. This truth can bless you in your own struggles and temptations if you accept it.
For Jesus is not some high priest who has no sympathy for our weaknesses and flaws. He has already been tested in every way that we are tested; but He emerged victorious, without failing God. So let us step boldly to the throne of grace, where we can find mercy and grace to help when we need it most.
Here is the way Luke tells the story of My first major confrontations with the devil after my baptism. Notice that the Spirit led Me during this whole process and I emerged from this time of temptation ready to begin My ministry!
When Jesus returned from the Jordan River, He was full of the Holy Spirit, and the Holy Spirit led Him away from the cities and towns and out into the desert.
For 40 days, the Spirit led Him from place to place in the desert, and while there, the devil tempted Jesus. Jesus was fasting, eating nothing during this time, and at the end, He was terribly hungry. At that point, the devil came to Him.
Since You're the Son of God, You don't need to be hungry. Just tell this stone to transform itself into bread.
It is written in the Hebrew Scriptures, "People need more than bread to live."
Then the devil gave Jesus a vision. It was as if He traveled around the world in an instant and saw all the kingdoms of the world at once.
All these kingdoms, all their glory, I'll give to You. They're mine to give because this whole world has been handed over to me. If You just worship me, then everything You see will all be Yours. All Yours!
Get out of My face, Satan! The Hebrew Scriptures say, "Worship and serve the Eternal One your God — only Him — and nobody else."
Then the devil led Jesus to Jerusalem, and he transported Jesus to stand upon the pinnacle of the temple.
Since You're the Son of God, just jump. Just throw Yourself into the air. You keep quoting the Hebrew Scriptures. They themselves say, He will put His heavenly messengers in charge of You, to keep You safe in every way. And, they will hold You up in their hands so that You do not smash Your foot against a stone.
Yes, but the Hebrew Scriptures also say, "You will not presume on God; you will not test the Lord, the one True God."
The devil had no more temptations to offer that day, so he left Jesus, preparing to return at some other opportune time.
Jesus returned to Galilee in the power of the Holy Spirit, and soon people across the region had heard news of Him.
Lord Jesus, thank You for sharing the pain of being human, including facing temptations. I am comforted knowing that You have experienced the challenges of temptation. I am encouraged knowing that You defeated the tempter. I am blessed to have You at the right hand of the Father interceding for me now. Thank You for being the Savior Who was one of us! Amen.
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This daily devotional is written to help us all reclaim Jesus as the daily Lord of our lives and to help us realize we are not alone as we seek to live for Him. — Learn More
'A Year with Jesus' is written by Phil Ware. Email questions or comments to phil@heartlight.org.
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This past week has been like a whirlwind, like for many people out in the big wide world verdad? As I’ve finished those last minute errands in this Covid Era, I know, tagging it like this sounds muy exagerado, but it has been an extreme time. I sat in some parking lot traffic yesterday and it reminded me of the congestion and busyness of Christmases past, call me loca, but I was grateful for the feeling of “back to normal” as I impatiently waited for traffic to move along. The lines were just long, not very long and masked folks were all around, as I waited in line I thanked God for Christmas time.
We are wrapping up our season with some fun jolly times. Last week on the 20th we commemorated our return to our annual tamalada by remembering my apa. For over 20 years my cunada and I have built a true friendship, pushing aside the lies and insecurities of “inlaw phobias” and God has given us a blessed friendship. We have established a very informal but set in stone tradition of working hard at Christmas making tamales, I was so glad for our day together with our girls. Tamales de puerco, de pollo, de res and my amas sweet tamales. Tamaladas are lots of work, hijole, I’ve always denied myself the opportunities to learn the secret of the masa but I had no choice this year, my hands went into the masa. Tamaladas are lots of talk, hot on the topic list was the fact that although covid separated us, it actually brought Sandra a new helper, mi hermano! Hector says it was a one time deal though. In the end when it’s all said and done we reap pots of tamales. Life circumstances, like “apa watch” hindered our tamale tradition and covid completely blocked it in 2020 but this year tamales prevailed and the time was extra special.
Last night we squeezed in our Scrooge Dinner Party with our dear friends, the Alsobrooks. Heavy sigh, once upon a time they were the ‘Octopuses’, but then Thomas learned how to say their name correctly. Our dinner party consists of three parts: dinner, a white elephant gift exchange and then regular gift exchange. This year was a tight squeeze, since aside from covid, regular nasty little viruses were jumping around making people sick and keeping them laid up in bed. Our family party was smaller since some were sick, but we prevailed and the show must go on, we chose to enjoy and appreciate our yearly tradition. Oh what a great time we had.
A post shared by Ben G (@realbengreene)
Having girl friends that I can trust has been so comforting through the years, pero imaginate when our families connect and there is true friendship across the board of parents and children, hermoso! Last night we decided to make breakfast for dinner, so that meant Ben’s popular sourdough pancakes. We impatiently waited for everyone to arrive so we could entrarle a la comida, digging into the food as if we were ravenous. Hay si, maybe not ravenous but hungry, borderline, ‘hangry’ the shopping and wrapping had us madd.
How do I describe our scrooge exchange? The rule is to spend as little as possible, Bah HumBug! Of course we all struggle to figure out what we could bring that’s clever and stealable. One person brought brake pads…used with a hidden gift card and another brought a used gift card with a balance of $7.40 left on it. Ben chose a gift that had a puppy in it, hijole! Thankfully his barking and whining had an off button. Thomas stole a sausage that also had a water hose nozzle, ya se, and it got crazier, but it was lots of fun. We ended our night with cleanup but only after we had a wrapping paper wad fight, where in the world did all grown ups go?
Here I am today, Christmas Eve with wrapping left to do. Tonight we’ll go to Christmas Eve dinner with more friends and come home to get the last three items on our Christmas countdown: Ben will prepare the sourdough mix and bring in the wood for the fireplace tomorrow morning and we’ll all wait til just before midnight, to help Santa Clos bring all the gifts. Now that the kids are all grown up, we actually have to wait for them to get to our stockings and gifts…Asi es, as we get older we sleep less.
Merry Christmas to all, may you be blessed on Christmas day and on. God bless you Everyone!
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Guest Post: ‘Twas the Morning of Christmas (a short story by Mexican-American Girl’s daughter Daniella)
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During our dinner, I found out that it was Celeste’s birthday, so I asked my brother to buy her a cake on the way home.
And we wished her a surprise Happy Birthday!
We all celebrated with candles! They were so happy ^^.
Chris came to stay for a few days until he moved into his dormitory at the university.
He is intelligent, speaks good Japanese, and really kind person.
We kept in touch for a while after he left, and when his friends came to Sendai, he would send me requests.
We went to sushi restaurant together and it was fun time!
I was expecting him to be like a professional backpacker and has a passion about nature and travel through his profile. But well, he might be a pro but not like a person I imagined.
His speaks softly and his stories about his travels and his military service were interesting, it was totally different world from what I know.
He also taught me a few letters in Hebrew, it was difficult to remember! But languages are interesting as always.
She came to Sendai for the concert. We didn’t have much time to talk.
But she was very polite and tidy. I really appreciate that.
Hope we have more time to talk next time.
We went to “Yamadetra” which is a temple on Mountain!
I think we had a lot of Tohoku foods like tama-konnyaku and fried tofu. It was just around the time of colored leaves in Autumn, so the scenery was very nice and beautiful!
I was so happy that Michael enjoyed it so much! It was hard to answer his insatiably inquisitive questions. It was hard to answer his insatiably inquisitive questions, but I learned a lot from them.
She has an impressive smile. But I was very sad to hear that she had a bad experience through CS before.
In Osaka, a host man was physically attracted to me. And when she refused, she was told “If that’s the case, I won’t let you stay at my house”. So, she left and nowhere to stay because it was really late night.
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SC Judgment regarding pensionary benefits of the Judges of Superior Courts from the date of their respective retirements, irrespective of their length of service as such Judges | The Constitution of Pakistan, 1973 Developed by Zain Sheikh
The Constitution of Pakistan, 1973 Developed by Zain Sheikh
SC Judgment regarding pensionary benefits of the Judges of Superior Courts from the date of their respective retirements, irrespective of their length of service as such Judges
In the Supreme Court of Pakistan
Present:
Mr. Justice Ejaz Afzal Khan
(Regarding pensionary benefits of the Judges of Superior Courts from the date of their respective retirements, irrespective of their length of service as such Judges)
AND
(Application by Abdul Rehman Farooq Pirzada)
AND
Civil Miscellaneous Appeal No.176/2012 in
Mr. Justice (R) Rana M. Arshad Khan
Mr. Justice (R) Ahmed Farooq Sheikh
Justice (R) Mrs. Qaiser Iqbal
Mr. Justice (R) Rao Iqbal Khan
Mrs. Shahida Khurshid,
Mr. Mehmood A. Sheikh, AOR.
through widow Mrs. Perveen Nawaz
Mr. Justice (R) Qazi Hamid-ud-Din
Dates of Hearing: 26th , 27th, 28th, 29th March, 2013 and 2nd, 3rd , 8th , 9th , 10th & 11th April, 2013.
Anwar Zaheer Jamali, J.– By our short order announced in open Court on 11.4.2013, this case and the other connected cases were disposed of in the following manner:-
“…..we hereby, in exercise of all the enabling powers vested in this Court, hold and declare that the law enunciated in the case of Accountant General Sindh and others versus Ahmed Ali U. Qureshi and others (PLD 2008 SC 522) is per incuriam and consequently this judgment is set aside. The titled appeal is accepted and the judgment impugned therein is also set aside.
Other miscellaneous applications moved therein and in these proceedings are dismissed accordingly.”
In support of above short order, now we proceed to record our detailed reasons as under:-
2. This Petition, for suo moto review of judgment dated 6.3.2008, passed in Civil Appeal No.1021 of 1995, other connected petitions and miscellaneous applications, emanates from the office note dated 21.11.2012 submitted by the Registrar of the Supreme Court of Pakistan for the perusal of Honourable Chief Justice, which reads thus:-
“It is submitted that the Civil Petition for Leave to Appeal No. 168-K of 1995 was filed in this Court by the Accountant General Sindh, challenging the validity of the judgment of High Court of Sindh, at Karachi, dated 02.02.1995, wherein the Court had granted the relief of pension to the respondent (since dead), a former judge of the High Court of Sindh, who while holding the post of District and Sessions Judge was posted as Secretary to the Government of Sindh, Law Department and was elevated as Additional Judge, High Court of Sindh in 1985. He retired on 25.10.1988 and was allowed pension at the rate of Rs.4,200 per month with the benefit of commutation, gratuity and additional sum of Rs.2,100 per month as cost of living allowance payable to a retired Judge of the High Court under paragraph 16-B of President’s Order No.9 of 1970, as amended by P.O. No.5 of 1988. In pursuance of the Constitution (Twelfth Amendment) Act, 1991 (Act XIV of 1991), the pension of the respondent was revised and fixed as Rs.6300 per month and thereafter by virtue of P.O. No.2 of 1993, the pension of retired Judges of superior judiciary was again revised, wherein the pension of High Court Judges was fixed with minimum and maximum ratio of Rs.9.800 and Rs.10,902 per mensum but this increase in pension was declined to the respondent on the basis of departmental interpretation of the President’s Orders referred to above read with Fifth Schedule of the Constitution. The respondent thereafter, invoking the Constitutional jurisdiction of the High Court, filed a constitution petition wherein he sought a declaration that he was also entitled to the benefit of P.O. No.2 of 1993. Relief was granted to him by the Sindh High Court. The Accountant General, Sindh feeling aggrieved approached this Court by filing said Civil Petition for Leave to Appeal.
2. Leave to appeal was granted by this Court vide order dated 28th August 1995, on the following terms:
“2. So far the main petition is concerned, it is submitted by the learned Deputy Attorney General for the petitioner that respondent No.1 was a District and Session Judge and was elevated as Judge of the High Court in July, 1985 and retired after completing tenure of three years two months and twenty-seven days in that capacity, hence for the purpose of pension his case is covered by Article 15 of the High Court Judges (Leave, Pension and Privileges) Order, 1970, which is applicable to such judges of the High Court who retire before completion of five years service in the High Court and are entitled to draw pension as having retired from the service they were taken from for elevation to the High Court.
3. Leave is granted to examine the following questions. Firstly, whether for claim of respondent No.1 for extra/maximum pension writ petition before the High Court was competent to and maintainable. Secondly, whether P.O.9/70 is to be read in conjunction with P.O.2/93, P.O.3/95 and Article 205 read with Fifth Schedule to the Constitution, if yes, what will be its effect on the claim of respondent.
Thirdly, whether the President can only increase or decrease the amount of pension with altering the terms and conditions as contemplated under Article 205 read with the Fifth Schedule to the Constitution.
Fourthly, whether respondent No.1 is entitled to the minimum and maximum amount of the pension as contemplated under P.O.2/93.”
3. Pending disposal of the Appeal, a number of other retired Judges of the High Courts, who were not allowed pension on the ground that they having been not put minimum service of five years in terms of paragraph 3 of Fifth Schedule to the Constitution were not entitled to the grant of pension, moved a joint representation to the President of Pakistan, through the Ministry of Law, Justice and Human Rights, Government of Pakistan and having received no reply, filed direct petitions before this Court under Article 184(3) of the Constitution, whereas, some of the retired Judges filed miscellaneous applications to be impleaded as party in the proceedings before this Court. Constitution Petition No.40 of 2002 filed by Mr. Justice (Retd) S.A. Manan was disposed of as withdrawn, but in view of the nature of right claimed in these petitions, this withdrawal was inconsequential to the right of pension of the judges. The appellant in the main appeal and the petitioners in the other constitution petitions sought declaration, as under:
a. The provision of President’s Order No.3 of 1997 was in derogation to Article 205 of the Constitution read with Fifth Schedule of the Constitution wherein the right of pension of only those Judges who have put minimum five years of service as Judge of the High Court, was recognized.
b. The retired Judges of the High Court, irrespective of their length of service were entitled to the grant of pension, as per their entitlement under Article 205 read with paragraph 2 of the Fifth Schedule of the Constitution.
4. On 06.3.2008, the Civil Appeal No. 1021 of 1995 and the connected constitution petitions involving common question of law and facts, were disposed of through the single judgment (PLD 2008 SC 522) by three member Bench of this Court comprising Mr. Justice Nawaz Abbasi, Mr. Justice Muhammad Qaim Jan Khan and Mr. Justice Muhammad Farrukh Mahmud in the following terms:
“34. In consequence to the above discussion, the Constitution Petitions Nos. 8/2000, 10/2001, 26/2003, 34/2003, 04/2004 and 26/2007, filed by the retired Judges of the High Courts are allowed and the petitioners/applicants in these petitions and miscellaneous applications, along with all other retired Judges of the High Courts, who are not party in the present proceedings, are held entitled to get pension and pensionary benefits with other privileges admissible to them in terms, of Article 205 of the Constitution read with P.O.No.8 of 2007 and Article 203-C of the Constitution read with paras 2 and 3 of Fifth Schedule and P.O. No.2 of 1993 and P.O.3 of 1997 from the date of their respective retirements, irrespective of their length of service as such Judges.”
5. It is evident from the above that the matter was decided on the basis of High Court Judges (Pensionary Benefits) Order, 8 of 2007. This Order was promulgated on 14.12.2007 and at the time of decision of the matter was considered as a valid piece of legislation. But subsequently, vide this Court Judgment dated 31.07.2009 (Sindh High Court Bar Association V. Federation of Pakistan), reported as (PLD 2009 SC 879) this P.O 8 of 2007 was declared unconstitutional, illegal, ultra vires and void ab initio. The relevant paragraph of said judgment is reproduced as under:
“179. All the acts/actions done or taken by General Pervez Musharraf from 3rd November, 2007 to 15th December, 2007 (both days inclusive), that is to say, Proclamation of Emergency and the subsequent ‘acts/actions done or taken in pursuance thereof, having been held and ‘declared to be unconstitutional, illegal, ultra vires and void ab initio are not capable of being condoned. These include Proclamation of Emergency and the PCO No.1 of 2007 issued by him as Chief of Army Staff and Oath Order, 2007 issued by him as President of Pakistan in pursuance of the aforesaid two instruments, all dated 3rd November, 2007; Provisional Constitution (Amendment) Order, 2007 dated 15th November, 2007; Constitution (Amendment) Order, 2007 (President’s Order No.5 of 2007 dated 20th November, 2007); Constitution (Second Amendment) Order, 2007 (President’s Order No.6 of 2007 dated 14th December, 2007);, Islamabad High Court (Establishment) Order 2007 (President’s Order No.7 of 2007 dated 14th December 2007); High Court Judges (Pensionary Benefits) Order, 2007 (President’s Order No.8 of 2007 dated 14th December, 2007) and Supreme Court Judges (Pensionary Benefits) Order, 2007 (President’s Order No.9 of 2007 dated 14th December, 2007).
The aforesaid actions of General Pervez Musharraf are also shorn of the validity purportedly conferred upon them by the decisions in Tikka Iqbal Muhammad Khan’s case. The said decisions have themselves been held and declared to be coram non judice and nullity in the eye of law. The amendments purportedly made in the Constitution in pursuance of PCO No. 1 of 2007 themselves having been declared to be unconstitutional and void ab initio, all the actions of General Pervez Musharraf taken on and from 3rd November, 2007 till 15th December, 2007 (both days inclusive) are also shorn of the validity purportedly conferred upon them by means of Article 270AAA.”
6. It is further submitted that the issue in hand has far reaching implications. The practical effect of the judgment is that Judges of the superior courts are being granted pension and pensionary benefits without any consideration of tenure or length of service.
7. It is pointed out that Supreme Court in the case of Province of Punjab v. Dr. Muhammad Daud Khan Tariq (1993 SCMR 508) held that it is not against any principle for the Courts of this country to protect the interest of the tax-payers as well as the public exchequer notwithstanding the follies or illogical and some times even casual attitude of the custodians of the public exchequer. Furthermore, this Court in the case of Secretary, Board of Revenue, Punjab v. Khalid Ahmad Khan (1991 SCMR 2527) held that the Government has chosen to spend much more on the litigation instead of paying Rs. 15,000 as judgment-debt to the respondent towards the discharge of the decree in case where substantial justice has been done. Further, although the law point has been decided in favour of the appellants yet in the interest of justice we do not want to inflict further heavy burden on the public exchequer; which would indeed be burdened with more expenses.
8. The matter is therefore of great public importance as huge public money is being expended without any legal justification despite the fact that the basis of judgment itself has lost its validity. It is therefore a fit case for Suo Moto Review.
9. There are precedents, when this Court took up issues suo moto in the interest of justice. In the case of rowdysim in the Supreme Court premises titled Shahid Orakzai v PML(N) (2000 SCMR 1969), a Bench of three Judges acquitted the contemnor. Criminal Original Petition was filed by the Petitioner and the same was heard by a Bench of 5 Judges and the same was converted into Appeal. It was objected that the matter could not be reviewed by filing a Criminal Original Petition by a third person who was not party in the matter. However, the Counsel for the Contemner conceded that this Court is not precluded from recalling of its earlier order by taking Suo Moto action on coming to know that such miscarriage of justice had occurred due to the Court having proceeded on wrong premises. It was held that under Article 187(1) of the Constitution, Supreme Court can recall its earlier order by taking Suo Moto action on coming to now that sum miscarriage of justice has occurred. In yet another judgment, when two different interpretations by two Benches of the Supreme Court taking contrary views of the judgment of Shariat Appellate Bench passed in a pre-emption case of Said Kamal Shah, a Suo Moto Review (PLD 1990 SC 865) was taken by the Shariat Appellate Bench to clarify the effect of its judgment given in the said case. Again, it was held in the case State v. Zubair (PLD 1986 SC 173) that if a Judge of High Court had heard a bail application of an accused person, all subsequent applications for bail of the same accused or in the same case, should be referred to the same Bench/Judge wherever he is sitting and in case it was absolutely impossible to place the second or subsequent bail application before the same Judge, who had dealt with the earlier bail application of the same accused or in the same case in such cases, the Chief Justice of the concerned High Court may order that it be fixed for disposal before any other Bench/Judge of that Court. The Supreme Court by taking suo moto action of the difficulties arising out of the strict implementation of the ratio in the State v. Zubair and on receipt of the reports from the High Courts and hearing the Attorney General of Pakistan and Advocates-Generals of the Provinces it was observed (2002 SCMR 177) that the spirit underlying the said case which still held the filed was not intended to create difficulties/bottlenecks or to work prejudicially to the interest of all concerned. It was held that the rule laid down in the above case shall continue but due to exigency of service or any other sufficient cause departure can be made in the large interest of justice and may be referred to any other bench for reason to be recorded in writing by the Chief Justice. Recently, a Constitution Petition filed for revisiting of this Court judgment dated 13.9.2011 passed in Constitution Petition No. 50/2010 for declaratory judgment regarding existence of Article 186A of the Constitution was treated as Civil Misc Application (CMA No. 4711/2012 in Constitution Petition No. 50/2010) for the purpose, which awaits hearing before the Court.
10. In view of the above, if approved, Suo Moto action may be taken in the matter for review of judgment dated 6.3.2008 passed in Civil Appeal No. 1021 of 1995 etc and the matter may be fixed before a Larger Bench comprising minimum five members.
3. Taking notice of the facts and circumstances disclosed in the above reproduced submission note, coupled with the legal position canvassed therein for taking cognizance in the matter, on 23.11.2012, following order was passed by the Honourable Chief Justice of Pakistan:-
“Perusal of above note prima facie makes out a case for examination of points raised therein. Therefore, instant note be registered as Suo Motor Misc. Petition and it may be fixed in Court in the week commencing from 03.12.2012. Notice to Hon’ble Retired Judges, who are beneficiaries of the judgment dated 6.3.2008 be issued. Office shall Const. provide their addresses. Notice to Attorney General for Pakistan may also be issued.”.
It is in this background that subsequently this petition came up for hearing before this five member larger Bench:-
4. At the commencement of the proceedings in the matter, Syed Iftikhar Hussain Gillani, learned senior ASC, representing eight of the honourable retired judges of the High Court, M/s Riaz Kiyani, Muhammad Aqil Mirza, Sharif Hussian Bukhari, Ghulam Mehmood Qureshi, Abdul Hafeez Cheema, Dr. Munir Ahmed Mughal, Tariq Shamim and Rao Iqbal Ahmed Khan, JJ and thewidow of one honourable retired Judge Raja Muhammad Khurshid, who have been issued notices of these proceedings, came at the rostrum and made his submissions as one of the lead counsel for these judges.
5. At the outset, he gave a brief summary of the relevant facts regarding the services rendered by the judges represented by him, to show their actual period of service as judge of the High Court before becoming entitled for pensionary benefits in the light of judgment dated 6.3.2008, passed in civil appeal No.1021/1995 and other connected petitions (PLD 2008 SC 522), (hereinafter referred to as the “judgment under challenge”). In the same context, he also made reference of C.M.A No.802/2013, which contains relevant facts as regards their respective service as judge of the High Court. He further made reference to the statement in writing subsequently submitted by him, containing the formulations of his arguments, which read as under:-
“a. Entitlement to the remuneration of the Judges of the Superior Courts are guaranteed by the Constitution and no SubConstitutional legal instrument can take away such entitlement.
b. Para 2 in the Vth Schedule is an independent provision and is not to be ‘governed’ by Para 3.
c. Dictum of Qureshi’s judgment reported in PLD 2008 SC 522 was not decided ‘on the basis’ of the Presidential Order 8 of 2007, as observed in para 5 of learned Registrar’s note, but founded on the mandate of the Constitution.
d. That High Court Judges (Leave, Pension and Privileges) Order, 1997 (President’s Order 3 of 1997) is violative of Article-205 and Schedule V of the Constitution.”
6. The learned Sr.ASC referring to some legal aspects of the controversy involved in the present petition, made specific reference to all the relevant statutes starting from the Government of India Act, 1935 upto the Constitution of 1973 as well as various orders and President’s Orders issued in this regard from time to time. Making reference to the language of Article 205 read with paragraph-2 of its Fifth Schedule, relating to High Court judges, he emphasized that the language of paragraph-2 of the Fifth Schedule, commencing from the word “Every judge” makes it abundantly clear that irrespective of his length of service, every judge, once elevated to the High Court is entitled, inter alia, for the pensionary benefits while the authority for determination vested with the President in terms of this para is only confined to the quantum of such pension and nothing more. He added that paragraph-3 of the Fifth Schedule to Article 205 of the Constitution, which was available in the original text of the Constitution of 1973, and subsequently amended in the year 1991, was to be read independent and separate from paragraph-2, which provides for pensionary benefits for the two categories of the honourable retired judges, depending upon their length of service, when read in conjunction with it. He reiterated that every judge of the High Court is entitled for pensionary benefits, but for the determination of quantum of such benefit, they are categorized into two; one, who have served as such for a period of five years or more and, the others, having served for less than five years. According to Mr. Gillani, insofar as the entitlement of pensionary benefits of those judges of the High Courts is concerned, who have rendered more than five years of service, there is no dispute or controversy at all about their entitlement of pensionary benefits. However, for the other category of judges, having rendered less than five years actual service, till date no independent determination, as required by law and under the Constitution, has been made by the President. At this stage, he also made reference to the judgment under challenge to show that it was in this background of the controversy that this Court resolved the issue of pensionary benefit of all the retired judges, including those, who have rendered less than five years service, and such conclusion based on valid reasonings is not open to interference in any form. More so, in a situation when such judgment was passed more than four years ago; it has already been implemented in its letter and spirit, and not challenged by the Government or from any other corner.
7. Touching to the moral side of this controversy relating to payment of pension, he further argued that all judges of the superior judiciary, including those who have retired from their office before rendering complete five years actual service as High Court Judge, are highly respected segment of the society, who need to maintain special protocol befitting to their earlier status and office; further in terms of Article 207 of the Constitution, they are disqualified to practice in the same High Court. In such circumstances, merely due to the fact that they have rendered less than five years of service in the said position, they cannot be discriminated and deprived of such benefit, which in turn would, in many cases, result in leaving them at the mercy of the society for the purpose of meeting their financial needs in the old age. In order to gain support to his submissions, learned Sr. ASC further made reference to 12th Constitutional Amendment; President’s Order No.2 of 1993 (PLD 1994 C.S 192) and President’s Order No.5 of 1996 (PLD 1997 C.S 199) and relied upon the cases reported as M.A Rashid v. Pakistan (PLD 1988 Quetta 70), Ahmed Ali U. Qureshi v. Federation of Pakistan (PLD 1995 Karachi 223) and I.A Sharwani v. Government of Pakistan (1991 SCMR 1041). Amongst these cases, in the 1st case decided by learned Division Bench of Balochistan High Court on 08.5.1988, a dispute was agitated by honourable retired Justice M.A Rashid, as regards the entitlement of his pensionary benefits under the High Court Judges (Leave, Privileges and Pension) Order, 1970 qua the effect of amending order 5 of 1983, of which benefit was refused to him. In this case, the honourable Judge of the Balochistan High Court had initially adorned the office in that position on 07.10.1974, after being elevated to the High Court of Sindh and Balochistan. Thereafter he ceased to hold the office as Judge of the Balochistan High Court w.e.f. 25.3.1981, after having served for a period of more than six years. The Court, while holding him entitled for the benefit of amending order 5 of 1983, concluded that Constitution is a fundamental document and while interpreting a provision of the Constitution, article thereof must receive a construction which would be beneficial to the widest maximum extent. Moreover, making reference to some Presidential Orders, the Court observed that such Orders nowhere stipulate that the benefit of these Presidential Orders would not be available to the Judges who had retired before the dates mentioned in the two orders, as the Orders are clear and admit of no ambiguity, therefore, the necessary conclusion would be that the benefit of these Orders would be available to all the Judges irrespective of their date of retirement. The 2nd case of Ahmed Ali U. Qureshi (supra), need not be discussed here as it was against the same judgment that an appeal was preferred before this Court, which was decided vide judgment under challenge dated 6.3.2008. The 3rd case of I.A Sharwani (supra) is also not being discussed here as it will be discussed in detail in some later part of the judgment.
8. At the conclusion of his arguments, Mr. Gillani also made reference to Article 260 of the Constitution to show the definition of ‘remuneration’, which includes the word ‘pension’, however, when confronted with other definitions contained in this Article, he conceded that since ‘pension’ has been separately defined therein, therefore, its inclusion in the definition of “remuneration” will not make much difference.
9. After conclusion of arguments of Mr. Iftikhar Hussain Gillani, Mr. Munir A. Malik, learned Sr. ASC, who is representing four other honourable retired judges M/s Majida Rizvi, Nadeem Azhar Siddiqui, Mrs. Qaiser Iqbal and Tariq Mehmood, JJ, came at the rostrum and made his submissions. In the first place, he made reference of C.M.A’s No.867 to 869 of 2013, to give some details about the services rendered by each one of them as honourable judge of High Court, particularly the dates of their appointment as an additional judge, permanent judge; and retirement/resignation,with total length of their respective service. Before commencing his arguments on legal footing, Mr. Malik, frankly stated that none of the retired judge of the High Court represented by him has rendered actual service as such for a period of five years, but less than five years. In the context of entitlement of pensionary benefits, he gave brief history of constitutional legislation and other provisions of law including the President’s Orders promulgated/ issued in the sub-continent before and after the independence of Pakistan from time to time and reiterated that paragraph-2 of the Fifth Schedule to Article 205 of the Constitution of 1973 is to be read independently; it covers the right of “every judge” of the High Court for the purpose of pensionary benefit to be determined by the President, therefore, irrespective of the fact whether no such determination has yet been made by the President for the category of those honourable retired judges of the High Court, who have rendered service as such for less than five years, they are entitled for the pensionary benefits. When confronted with the query as to how and in what manner the quantum of such pension for these judges could be determined, if no mode of determination in this regard is available before us in any form, he candidly stated that as yet no such determination has been made by the President even once, nor this matter was earlier agitated by any of the honourable retired judge of the High Court, who had rendered less than five years of service in the said office, since the promulgation of the Constitution of 1973 or even before that under the Constitution of 1956 or 1962 etc. The pith and substance of his submissions was that “every judge” as mentioned in paragraph-2 of the Fifth Schedule to Article 205, has its own connotation and significance which makes it abundantly clear that they all are entitled for pensionary benefits, but only the question of determination of quantum of pension is left with the President in line with the spirit of paragraph-2 and nothing more. For this reason, in either of the two situations when paragraph-2 is read separately, independently and hermetically or together with paragraph-3, the claim of every retired judge of the High Court for pensionary benefits is fully established. In order to add force to his submissions about the entitlement of every judge of the High Court for pensionary benefits, he also laid stress upon Article 207 of the Constitution, which places an embargo on every honourable retired judge of the High Court from practicing within the territorial limits of the same High Court, wherein he has served as a permanent judge even for a single day. In between the lines, his submission was that when such an embargo becomes operative against honourable retired judges soon after their confirmation then the condition of five years minimum length of service for their entitlement to pension as judge of the High Court seems to be inconsistent, illogical, harsh and violative of Article 18 of the Constitution. He also made reference to the National Judicial Policy 2009 and 2012 and contended that even after retirement, honourable judges of the High Court are required to maintain befitting standard of living in the society, which may not be possible for them under financial constraints, thus, their claim for entitlement of pension even for less than five years actual service is fully justified and in accordance with law. However, he added that, indeed, retired judges of the High Court, who have rendered less than five years service as such and those who have rendered five years or more service, cannot be placed in the same category for the purpose of pensionary benefits. He also conceded to the position that as yet, not even once any determination regarding pensionary benefits of honourable retired judges, who have rendered less than five years service, has been made by the President and such purported inaction on his part has never been challenged earlier in the history of the Sub-continent and our Country either under the dispensation of Government of India Act, 1935 or the Constitutions of 1956, 1962 and 1973, except the present litigation emanating from the case of Ahmed Ali U. Qureshi. In his further submissions learned ASC also dilated upon the concept of independence of the judiciary as a third pillar of the State, which, according to him, also covers its financial independence qua right to pension for every judge of the High Court irrespective of his length of service in the office.
10. Mr. Munir A. Malik, learned Sr. ASC in his further arguments, made reference to the office note dated 21.11.2012, submitted by the Registrar of Supreme Court of Pakistan for the perusal of Honourable Chief Justice of Pakistan, which formed basis of these proceedings and contended that no doubt vide judgment in the famous case of Sindh High Court Bar Association v. Federation of Pakistan (PLD 2009 SC 879), President’s Orders No.8 of 2007 dated 14.12.2007 and Judges Pensionary Benefits Order 9 of 2007, have been declared to be coram non judice and nullity in the eyes of law, but on the basis of this case alone, the judgment under challenge cannot be set aside, as many other strong independent reasons have been recorded in its paragraphs 1 to 19, which still hold the field as alternate grounds for grant of pensionary benefits. Further submissions of Mr. Malik was that even if the Court comes to the conclusion about the nonentitlement of pensionary benefits for the honourable retired judges of the High Court, having rendered less than five years service, keeping in view their high status in the society and bonafide implementation of the judgment under challenge, any order contrary to it, if passed, should be made operative prospectively and not retrospectively. During his further arguments, Mr. Munir A. Malik, made detailed reference of P.O No.9/1970, PO No.7/1991, P.O No.2/1993, P.O No.3/1995, P.O No.5/1995, P.O No.3/1997 and 12th Constitutional Amendment in an effort to show that it will be a legitimate and holistic approach if the claim of honourable retired judges of the High Court, who have rendered less than five years actual service, is looked into pragmatically and liberally in order to determine their right and quantum of pension, which exercise has not yet been undertaken by the President, though required under the mandate of the Constitution. Making reference to the case of one of the honourable retired judge of Sindh High Court Ms. Majida Rizvi, he also brought to our notice the judgment dated 1.7.2008 in C.P No.D-24/2002, which remained unchallenged till this date and has, thus, according to him, attained finality. In the end, he made reference to the principles of locus poenitentiae etc and cited the following cases:-
11. In the case of Attiyya Bibi Khan, relating to some dispute between the students of a medical college and the educational institutions, the provisions of Article 25 of the Constitution were dilated upon and in that context it was held that the judgment would be operative from the date of its announcement and would have no retroactive legal implications. In the case of M/s Haider Automobile Ltd (supra) and other connected case titled Province of West Pakistan versus Manzoor Qadir Advocate and another, dispute revolved around the availability of right of practice to a retired judge of the High Court of West Pakistan in view of the bar imposed by Ordinance II of 1964. The Court held that the legislature is competent to make a law and has full and plenary powers in that behalf and can even legislate retrospectively or retroactively. There is no such rule that even if the Legislature has, by the use of clear and unambiguous language, sought to take away a vested right, yet the Courts, must hold that such a legislation is ineffective or strike down the legislation on the ground that it has retrospectively taken away a vested right. After detailed discussion, the learned five members Bench of the apex Court unanimously held that the two learned former judges were debarred by Ordinance No. II of 1964 from practicing in the High Court of West Pakistan or any Court or tribunal subordinate to it. In the case of Elahi Cotton Ltd, discussing some broad principles of interpretation of statutes qua constitutional provisions view expressed by the Court was that the law should be saved rather than be destroyed and the Court must lean in favour of upholding the Constitutionality of a legislation, keeping in view that the rule of Constitutional interpretation is that there is a presumption in favour of the Constitutionality of the legislative enactments unless ex facie it is violative of a Constitutional provision. It was further held that where power is contained in the Constitution to legislate, one’s approach while interpreting the same should be dynamic, progressive and oriented with the desire to meet the situation, which has arisen, effectively. The interpretation cannot be narrow and pedantic, but the Court’s efforts should be to construe the same broadly; so that it may be able to meet the requirements of an ever changing society. The general words cannot be construed in isolation but the same are to be construed in the context in which they are employed. In other words, their colour and contents are derived from their context. In the case of Amir Khatoon, in criminal proceedings, principle of interpretation of statute was discussed and it was held that if a provision of law is presenting some difficulty in interpretation, it has to be so interpreted as to harmonise with the other provisions of the Act of which it is a part and it is only when there is a manifest and established failure to harmonise it with the other provisions that it either prevails over other provisions or yields to the other provisions. It was further observed that provisions of any particular Act are to be so interpreted as to harmonise and to remain consistent with the other laws having a relevance or nexus with the law sought to be interpreted. In the case of R v A, involving criminal proceedings relating to some sexual offence, expressing his view on the principle of reading down, it was observed by a learned Member of the Bench that this principle is at least relevant as an aid to the interpretation of section 3 of the 1998 Act against the executive. You must be knowledgeable in these cases similar to it, read more here.
As in accordance with the will of parliament reflected in section 3, it will sometimes be necessary to adopt an interpretation which linguistically may appear strained. The techniques to be used will not only involve the reading down of express language in a statute but also the implication of provisions. A declaration of incompatibility is a measure of last resort. It must be avoided unless it is plainly impossible to do so. If a clear limitation on convention rights is stated in terms, such an impossibility will arise.
12. At this stage, Mr. Rafique Rijwana, learned ASC, who is representing honourable retired Justice Shah Abdul Rasheed in these proceedings, made his submissions. He gave relevant dates of his appointment and retirement to show that at the time of retirement on 11.2.1986, he had served as a judge of the High Court for 04-years, 07-months and 05-days. He did not advance any further arguments except adopting the arguments of Syed Iftikhar Hussain Gillani, learned senior ASC, who has already made his submission in this case, as noted above.
13. Mr. Hamid Khan, learned Sr. ASC, who is representing seven honourable retired judges of the High Court, at the commencement of his submissions, made reference to the material placed on record by him alongwith C.M.As No.847 to 853 of 2013 to give details regarding the service of each of the honourable retired judges represented by him, so as to show their actual length of service as judges of the High Court. For the purpose of clearity in his arguments, he divided the honourable retired judges represented by him into two categories i.e. Rana Muhammad Arshad Khan and Muhammad Jehangir Arshad, two honourable retired judges, who were elevated to the Bench from the bar and the remaining five retired judges, who before their elevation, had rendered about thirty years service in the District judiciary in different capacities. Details of these honourable retired judges and other judges in similar position, regarding service rendered by them, is being provided in the judgment separately in the form of a chart.Const. Petition No.127 of 2012 22
14. Mr. Hamid Khan, during his arguments, also placed on record written formulations, which read as under:-
1. “Para 2 of the schedule 5 has an independent existence from that of para 3 and cannot be read as superfluous or redundant, therefore, under the recognized principles of independence of the Constitution, the Court is called upon to give comprehensive meaning to this para.
2. Despite having independent existence para 2 has to be read with para 3 in order to give meaning of the former para, if read together they would cater for two distinct classifications, one of those who had put in five or more years of service and the other of those who have put in less than five years of service and finally within this formulation that those, who belonged to each of the classification, are entitled to pension and none of them can be deprived thereof.
3. Reading of two paragraphs together, it can also be construed that para 3 lays down a bench mark for those who are entitled to pension under para 2, this would lead to the exercise of principle of proportionality nevertheless if will not apply to the petitioners because such a principle can only be applied prospectively.
4. That having received pension under a judicial determination rights have been vested in favour of the petitioners which cannot be taken away at this stage under the established exception to the principle of locus poenitentiae.
5. Having once received pension under the judicial determination there is legitimate expectancy on the part of the petitioner to continue to receive such pensionary amounts, any deprivation at this stage would lead to privation and financial problems to the petitioners who are of advanced age.
6. There is a special case relating to judges elevated from the subordinate judiciary because:-
a. They had put a long service before they become Judges of the High Court;
b. They cannot be relegated to the position of those who retired as District Judges and so they cannot be given the pension of District and Session Judges.
c. Doing so would be against the independence of Judiciary and would undermine the office of a Judge of a High Court.”
15. He contended that paragraph-2 of Fifth Schedule to Article 205 has an independent existence from paragraph-3, otherwise this paragraph would become superfluous and redundant, which status cannot be attributed to any piece of legislation, as under the well recognized principle of interpretation, every provision of law is to be given its comprehensive meaning. Following the arguments of earlier two learned ASCs, who have argued the case before him, he insisted that paragraph 2 of Fifth Schedule to Article 205 visualizes two categories of judges, but both of them are equally entitled for pensionary benefits under the President’s Orders and in this regard power of determination conferred to the President is only confined to the quantum of pensionary benefits and not the determination of right to pension or otherwise. He further contended that reading of paragraph-2 together with paragraph-3 lays down benchmark for those who are entitled under paragraph-2 and in case no determination has been made by the President for entitlement of pension of retired judges of the High Court who have rendered less than five years of actual service, the principle of proportionality could be applied, but that too only prospectively, as the rights accrued and benefits already drawn by the honourable retired judges of the High Court through judgment under challenge cannot be withdrawn, being stare decisis and past and closed transaction under a judicial pronouncement. He further submitted that on account of such judicial determination, vested rights have accrued in favour of honourable retired judges, which cannot be taken away or withdrawn, being protected under the principle of locus poenitentiae. To a question posed to him, whether on the principle of locus poenitentiae, retired judges represented by him seek protection of only those benefits which have already been drawn by them or also continuation of such benefits in future, his reply was that the principle of legitimate expectancy has accrued in their favour to continue receiving such pensionary benefits, which are even otherwise very necessary for them to meet their financial needs at this advanced age. Therefore, such benefits in their favour (honourable retired judges of the High Court) shall be continued, irrespective of any adverse pronouncement by this Court in the present proceedings. Making his further submissions, he also attempted to press into service the principle of past and closed transaction based on the premise that the judgment under challenge was announced on 6.3.2008 i.e. more than four years ago and has already been followed and implemented by the concerned government functionaries without any objection.
16. As to the claim of five honourable retired judges of the High Court, who were elevated to the bench after rendering more than thirty years service in District Judiciary in each case, before their elevation to the High Court, he further submitted that for grant of pensionary benefits, they cannot be relegated to the position of retired District and Sessions Judges as it will be a step against the independence of judiciary which will be undermining the status and office of the judge of a High Court. Making reference to Fifth Schedule to Article 205 of the Constitution of 1973, Learned senior ASC submitted that the original paragraph-3 in the Fifth Schedule was borrowed from the President’ Order 9 of 1970, though in the different form, which was subsequently amended and introduced in the present form in the year 1991. When confronted with a query that in case paragraph-2 (ibid) is to be read independently and separately, then it contains and denotes only one category of judges and not two, the learned Sr. ASC conceding to this position, criticized the language of paragraph-3 (ibid) by submitting that it has been grafted and drafted in the Constitution of 1973 in a crude form so as to leave the honourable retired judges, who have served the institution for a period of less than five years, without entitlement of any pensionary benefits. In this regard, he also made reference to some relevant Indian provisions of law and contended that there is no specific prohibition regarding the entitlement of payment of pension to the judges who have rendered less than five years service in the High Court before their retirement either in paragraph-2 or paragraph-3 of the Fifth Schedule to Article 205, therefore, the principle that whatever is not prohibited is permissible shall be applied on the principles of equity and fair-play to address the unforeseen difficulties of the honourable retired judges of the High Court. The pith and substance of his arguments was that looking to the constitutional provisions, status of honourable retired judges of the High Court in the society and their old age, a pragmatic approach may be followed by the Court in order to accommodate them for the purpose of granting them pensionary benefits, which is lacking determination in specific terms by the President under any of the earlier President’s Orders issued from time to time.
17. Mr. Amir Alam Khan, learned ASC, who is appearing in this matter for five other honourable retired judges of High Court M/s Muhammad Nawaz Bhatti, Fazal-e-Miran Chohan, Syed Asghar Haider, Sheikh Javed Sarfraz and Tariq Shamim, JJ, in his arguments made reference of C.M.As No.803, 855, 856, 857 and 858 all of 2013, filed in the form of concise reply and also got recorded their respective dates of appointments as additional judge/permanent judge of the High Court, date of retirement/resignation as judge of the High Court, date of superannuation and the actual period of their respective length of service as judge of the High Court. He candidly stated before us that all the five honourable retired judges represented by him, are those, who, for one or the other reason, have not rendered actual service as a High Court Judge for five years or more and thus for the purpose of pension, they have availed the benefit of judgment under challenge.
18. As first limb of his arguments, Mr. Amir Alam Khan challenged the maintainability of this petition on the ground that adjudication made by a three member Bench of this Court in exercise of its appellate jurisdiction under Article 185(3) of the Constitution, has attained finality in all respect, rather it has been implemented by the concerned government functionaries in its letter and spirit more than four years ago. Thus, on any legal premise these proceedings cannot be subjected to interference, if considered to be proceedings under Article 184(3) of the Constitution, which confers only limited jurisdiction to this Court relating to the issues involving question of public importance and for the enforcement of fundamental rights guaranteed under the Constitution. He reiterated and added that the judgment under challenge is stare decisis, thus, final in all respect, and not open for reconsideration in any manner, therefore, these proceedings are not maintainable in the present form. Discussing the fallout of judgment under challange, he also made reference of Article 203C(9) of the Constitution to show that not only retired judges of the High Court having less than five years actual service to their credit have become entitled for pensionary benefits, but the Chief Justice and other honourable retired judges of the Federal Shariat Court have also become eligible and entitled for pensionary benefits despite being contract employees for a fixed term of three years. His further submission was that since a pragmatic and liberal approach has been followed by the Court in the judgment under challenge, its spirit may not be negated only on technical grounds or the fact that while interpreting the relevant provisions of the Constitution and President’s Orders, another view of the matter prejudicial to the interest of the retired judges of the High Court, was also possible. Mr. Amir Alam Khan, when confronted with the question that in case judgment under challenge is found to be per incuriam then what will be its legal position, candidly stated that in that eventuality it will be a judgment liable to be ignored for all intent and purposes, thus, the ground urged by him for challenging the maintainability of these proceedings will not be an obstacle for the Court from adjudicating the case on merits.
19. Learned ASC also made reference to paragraph 178 of the judgment in the case of Sindh High Court Bar Association (supra) in support of his arguments that the judgment under challenge has been already protected by application of doctrine of de facto exercise of jurisdiction, and as such judgment has been passed by a 14 members Bench of the apex Court, therefore, such protection cannot be taken away by a five member Bench for denying its benefit to the retired judges of the High Court. Dilating upon the moral side of these proceedings, learned ASC also argued that all the honourable retired judges of the High Court, irrespective of their length of service, are highly respected segment of society, who deserve extra compassionate consideration in the matter of grant of pension and other benefits, therefore, once a judgment of this Court has remained in the field for a period over four years and fully acted upon, it shall not be withdrawn so as to take away all its benefits retrospectively, being past and closed transaction. Advancing his further arguments with reference to the case of Fazal-e-Miran Chohan, J., learned ASC pointed out that after his elevation to the Bench as Additional Judge of the High Court w.e.f. 1.12.2004 and confirmation vide notification dated 30.11.2005, he resigned from the service under very special circumstances on 11.10.2009, though otherwise his date of superannuation was 25.12.2010. Leaving apart these facts, which need sympathetic consideration for extending him the pensionary benefits, in this manner he has actually served as Judge of the High Court for a period of 04-years, 10-months and 09-days. Thus, upon reading para 29 of President’s Order No.3 of 1997, together with service regulation No.423 of the Civil Service Regulations (in short “CSR”), providing for automatic relaxation/concession of six months in case of short service of a civil servant, he is otherwise also entitled for pensionary benefits, independent to the ratio of judgment under challenge. In this context, he also placed reliance upon the cases Secretary Finance Division, Islamabad v. Muhammad Zaman, Ex-Inspector, I.B., Islamabad (2009 SCMR 769) and Muhammad Aslam Khan v. Agricultural Development Bank of Pakistan (2010 SCMR 522). In the first case of Secretary Finance Division (supra), with reference to regulation No.423 of CSR, of which benefit was claimed by the legal heirs of a deceased government employee/pensioner, it was held that regulation No.423 of CSR is without any qualification and is not restricted to pensionary benefit of a widow. Of course, regulation No.423(2) empowers the competent authority to condone the deficiency of more than 6 months but less than one year where an officer has died while in service, or has retired under circumstances beyond his control. In this context, the case of Postmaster-General Eastern Circle (E.P.) Dacca and another v. Muhammad Hashim (PLD 1978 SC 61) was also refered wherein it was held that if the Rules were capable of bearing a reasonable interpretation favourable to the employee then that interpretation should be preferred. In the second case of Muhammad Aslam Khan (supra), again the scope of regulation No.423 of CSR was discussed with reference to the facts of the case, where a retired government servant, who had served for 31 years, 11 months and 14 days and was short of 17 days towards completion of 32 years, was claiming pensionary benefits for 32 years. The Court held that regulation No.423(1) of CSR under Chapter XVII with the heading “Condonation of Interruptions and Deficiencies” would undoubtedly suggest that the shortage of period not exceeding six months become automatically condoned, rather shortage of period exceeding six months was also condonable by competent authority, provided the conditions under regulation No.423(2) of CSR were fulfilled.
20. At the conclusion of his arguments he also pointed out the incident of plane crash, which took the life of honourable Justice Muhammad Nawaz Bhatti in the line of his duty on 10.7.2006, who otherwise would have reached the date of his superannuation on 31.8.2009, after rendering service of roughly 04-years and 09-months. In this context, he stressed for a merciful and lenient view in the matter for the widow and orphans of the deceased judge.
21. Mr. Muhammad Akram Sheikh, who is representing before us M/s Saeed-ur-Rehman Farrukh and Khan Riaz-ud-Din Ahmed, JJ, at the commencement of his arguments made reference of C.M.A No.871 and 872 of 2013 to give relevant dates of their appointment as Additional Judges/permanent judges of the High Court and date of their retirement on 31.7.1998 and 31.12.1997 respectively. According to his calculations, the actual period of service rendered by them, including the period of gap in their service, both of them have served as a Judge of the High Court for a period of more than five years and thus, their cases are not covered by the ratio of judgment under challenge and they are, therefore, not its beneficiary. Further, according to learned ASC, issuance of notice of these proceedings to them is uncalled for and liable to be withdrawn/set aside. However, when we have looked into some relevant factual aspects of the case in the context of their actual period of service as judge of the High Court, we have noticed that they have served as such for a period of about 03-years, 06-months and 12-days; and 04-years, 02-months and 28-days respectively, if the period when they remained out of service as Judge of the High Court is excluded from consideration in line with the definition of actual period of service given under paragraph-2 of President’s Order No. 3 of 1997, which provides for only computing the actual service for eligibility and payment of pensionary benefits. Learned ASC making reference to Fifth Schedule to Article 205 of the Constitution, also attempted to show the element of discrimination in the matter of entitlement of pensionary benefits for a retired judge of the High Court and a retired judge of the Supreme Court, as separately provided in the said Schedule. In this regard, his submission was that no minimum period of service as a judge of the Supreme Court is prescribed in the first part of the Schedule relating to right to pension while the condition of minimum five years service for entitlement of pensionary benefits has been discriminately made applicable for the retired judges of the High Court. Learned ASC, during his arguments, also made reference to the case of I.A Sharwani (supra), to lay stress to his arguments upon the right of pension to a retired civil servant.
22. In addition to the above, in his written submissions, learned ASC further reiterated as under:-
a. Notice issued to the retired judges represented by him is not only uncharitable from its language, but also based on wrong premise.
b. Pensionary benefits paid to the retired judges on the basis of judgment under challenge is past and closed transaction and stare decisis, thus, no order for its recovery can be made even if the said judgment is reviewed and put at naught.
c. Though the principle of stare decisis has very limited application to the proceedings before the Supreme Court, being apex Court, but the rights and obligations determined under any proceedings shall be considered as a past and closed transaction, which has created vested rights under the judicial pronouncement in favour of some party.
d. Suo moto exercise of jurisdiction in the present proceedings in any form are not maintainable under the law as held in the cases of Asif Saeed v. Registrar Lahore (PLD 1999 Lahore 350), Nusrat Elahi v. Registrar, Lahore High Court (PLJ 1991 Lahore 471), Abdul Rehman Antulay v. Union of India (AIR 1984 SC 1358). In case the present proceedings are being entertained under Article 184(3) of the Constitution, then no violation or breach of any fundamental right of any citizen of this Country has been urged, which is sine qua non for exercise of such jurisdiction.
e. Principle of res judicata is squarely applicable after lapse of five years of pronouncement of judgment in the case under consideration, as held in the cases of Abdul Jalil v. State of U.P. (AIR 1984 SC 882), Virundhunagar S.R. Mills v. Madras Govt. (AIR 1968 SC 1196) and Amalgamated Coalfields v. Janapada Sabah (AIR 1964 SC 1013).
f. The honourable retired judges of the High Court received the pensionary benefits on the basis of judgment under challenge in good faith and the bonafide orders of the apex Court, therefore, question of its refund does not arise, even if the said judgment is reviewed or revisited.
23. At the conclusion of his arguments, with reference to the plea of stare decisis, Mr. Sheikh also read some passage from the book titled as “Fundamental Law of Pakistan” authored by Mr. A.K. Brohi, a prominent jurist of this country. In the context of past and closed transaction, he also placed reliance upon the cases of Miss Asma Jilani v. Government of the Punjab (PLD 1972 SC 139), Liaqat Hussain v. Federation of Pakistan (PLD 1999 SC 504), Jamat-i-Islami Pakistan versus Federation of Pakistan (PLD 2000 SC 111).
24. In the case of Miss Asma Jillani (supra), dealing with a criminal appeal wherein question arose, whether the High Court had jurisdiction under Article 98 of the Constitution of Pakistan (1962) to enquire into the validity of detention under the Martial Law Regulation No.78 of 1971 in view of the bar created by the provisions of the Jurisdiction of Courts (Removal of Doubts) Order, 1969 and the doctrine of law enunciated in the case of State versus Dosso (PLD 1958 S.C. (Pak.) 533), the successive manoeuvrings for usurpation of power under the Pseudonym of Martial Law were justified or valid, the Court while discussing various principles of interpretation of statutes held that: no duty is cast on the Courts to enter upon purely academic exercise or to pronounce upon hypothetical questions: Courts’ judicial function; is to adjudicate upon real and present controversy formally raised before it by the litigant; Court would not suo moto raise a question or decide it; doctrine of stare decisis is not inflexible in its application; law cannot stand still nor can the Courts and Judges be made mere slaves of precedent. In this case finally upholding the doctrine of necessity it was further observed that the transactions which are past and closed may not be disturbed as no useful purpose can be served by reopening them.
25. In the case of Sh. Liaqat Hussain (supra) reviewing the jurisdiction of the Apex Court under Article 184 (3) of the Constitution, it was held that law if validly enacted cannot be struck down on the ground of malafide but the same can be struck down on the ground that it was violative of Constitutional provision. Further with reference to Article 6 of the Constitution, application of doctrine of necessity was rejected. Moreover, the concept of public importance within the meaning of Article 184 (3) of the Constitution was discussed in detail and it was held that under Article 9 of the Constitution right of access to justice to all is a fundamental right guaranteed to every citizen of the country. However, in the end this petition and other connected petitions under Article 184(3) of the Constitution, challenging the Pakistan Armed Forces (Acting in Aid of the Civil Power) Ordinance 1998 promulgated on 20th November, 1998, thereby empowering the Military Courts to try civilians for civil offences, were dismissed in the terms as detailed in the short order dated 17.2.1999.
26. In the case of Jamat-i-Islami Pakistan (supra), it was held that a statute must be intelligibly expressed and reasonably definite and certain and it is the duty of the Court to find out the true meaning of a statute while interpreting the same. In the same context the underlining principle of doctrine of “ejusdem generis” was also enumerated. Finally it was held that where the words used in a statute are ambiguous and admit of two constructions and one of them leads to a manifest absurdity or to a clear risk of injustice and the other leads to no such consequence, the second interpretation must be adopted. It may also be added here that the other cases referred to by the learned Sr. ASC in paragraph “d” and “e” relating to the subject of maintainability and res judicata are premised on entirely different facts and circumstances, and thus have no relevancy or applicability to the present proceedings.
27. Mr. Gulzarin Kiyani, learned Sr. ASC, who is representing Mr. Muhammad Muzammal Khan, J., another honourable retired judge of the High Court and beneficiary of the judgment under challenge, in his arguments firstly made reference to C.M.A No.801/2013, and gave relevant dates of appointment of Justice Justice Muhammad Muzammal Khan as additional Judge and permanent Judge of the High Court and the date of his retirement, to show that admittedly before retirement he rendered actual service as a judge of the High Court for a period of 04-years, 05-months and 27-days. In his further arguments, learned Sr. ASC firmly disagreed with the submissions of many other learned ASCs, who earlier to him have argued the case, on the point of maintainability of this petition as well as about the interpretation of paragraphs-2 and 3 of Fifth Schedule to Article 205 of the Constitution. He contended that this Court, being the apex Court, has wide jurisdiction to exercise suo moto review powers and the principle of stare decisis is not application in this regard. To fortify his submissions in this regard, he placed reliance upon the case of Abdul Ghaffar-Abdul Rehman v. Asghar Ali (PLD 1998 SC 363).
28. Again, making reference to the language of paragraph-2 of Fifth Schedule to Article 205 of the Constitution, he strongly contended that there is only one category of judges of the High Court i.e. “Every judge” mentioned in this paragraph, either read it separately and independently or together with paragraph-3, whose right to pension are to be determined by the President from time to time and until so determined, they are entitled to the privileges, allowances and rights, to which immediately before its commencing day, the judges of the High Court were entitled. For this purpose, he also made reference to High Court Judges Order No.7 of 1937, President’s Order No.9 of 1970 and President’s Order No.3 of 1997, to show that even before partition of the subcontinent, the rights, qualifications and entitlement of the judges of the High Court for the purpose of pension were being regularly determined, but at no point in time, any judge of the High Court who had served as such for a period of less than five years, was ever found eligible or entitled under any dispensation for payment of pension. It is only for this reason that right from the prepartition days, till the decision by way of judgment under challenge, no retired judge of the High Court was found entitled for payment of pensionary benefits if he has served in the High Court for any period less than five years. He added that it looks strange and ridiculous that in case such right to pension was ever available to the retired judge of the High Court at any time during the last sixty years, still all of them, who were jurists in their own rights and adjudicators of law at the highest level, could not dare to interpret such Constitutional provisions or President’s Orders issued in furtherance thereof in their favour, so as to avail the benefit of pension upon their retirement before completing actual service of less than five years. He also argued that paragraphs-2 and 3 of the Fifth Schedule to Article 205 of the Constitution are to be read together and in conjunction with the President’s Orders issued under the said constitutional mandate from time to time and this scheme of law makes it clear beyond any shadow of doubt that there is no entitlement to pension for a judge of the High Court, who has served as such for actual period of less than five years.
29. Reverting to the case of his own client, learned senior ASC read before us paragraph 14, 15, 16 and 29 of the President’s Order No.3 of 1997, the definition clause (b) and (g) from paragraph-2, relating to ‘actual service’ and ‘service for pension’ respectively, relevant for determination of pensionary rights of a High Court Judge, read with regulation No.423(b) of CSR, which in the first place provides automatic dispensation of deficiency upto six months and further visualizes, subject to fulfillment of other conditions, the discretion for dispensation and relaxation of such period upto one year by the President. According to Mr. Kiyani, in such eventuality, by pressing into service these constitutional and sub-constitutional provisions of the law, having rendered service of four years, five months and twenty-seven days, his client has become entitled for the pensionary benefits, more so, as benefit of addition of another 30 days service period to his credit in terms of definition clause (g) of President’s Order No. 3 of 1997 cannot be denied to him. He also cited the two earlier referred cases of Secretary Finance Division . Muhammad Zaman and Muhammad Aslam Khan v. ADBP.
30. At the conclusion of his arguments, learned Sr. ASC submitted that in case the arguments advanced by him are not sustained and the judgment under challenge is reviewed/revisited, still the application of such judgment should be made prospectively, so as to save the benefits, which his client has already availed in the form of pension etc on the basis of judgment under challenge.
31. Raja Muhammad Ibrahim Satti, learned Sr. ASC, representing in these proceedings one honourable retired judge of the High Court, Mr. Mansoor Ahmed, J., also made reference of C.M.A No.873/2013, which is a reply on his behalf. He provided relevant details about the date of his appointment as additional judge of the High Court and the date of his retirement, which shows his actual period of service as 03-years, 02-months and 04-days. Learned ASC in his arguments strongly challenged the maintainability of this review petition on account of the fact that it has emanated from a note of the Registrar of the Supreme Court in this regard, who has no judicial or administrative jurisdiction or authority at all to undertake such critical examination of an earlier judgment of the Supreme Court, which has become final, following the doctrine of stare decisis, and become past and closed transaction. He, however, in the same breath also candidly conceded about the unbridled jurisdiction of this Court to correct any legal error and submitted that indeed where there is a wrong there is a remedy is a well recognized principle of jurisprudence, so also the fact that when superstructure is built on wrong legal foundation, then upon its removal in any form, such superstructure is bound to collapse. The learned counsel further placed on record written formulations of his argument, which read as under:-
“1. Whether the Registrar of this Court as defined in Order 1 Rule 2(1) and has been assigned certain powers and functions under Rule 1 of Order III and also Under Order V Rule 1, could in any way authorized or competent to monitor, supervise, scrutinize or having a watch over the Judicial Function of the Court and particularly to comment/point out legal flaws or defects in the judgments finally passed by the Court or any Bench of the Court.
2. Whether the Registrar who is Executive head of the Office has any role to get reopen the Final judgments of this Court which have attained finality and if this course is adopted it will disturb whole the Scheme of Constitution.
3. Whether even the note of Registrar is not misleading as apparently he based the note on total misconception as mentioned in para 5 of the Note that the judgment (PLD 2008 SC 522) is based on PO.NO.8 of 2007 and that PO.No.8 of 2007 has been declared void ab-initio in PLD 2009 SC 879, in fact the judgment is otherwise and it mainly based on interpretations of Article 25, 205, 207(3) Schedule V of the Constitution read with PO 2 of 1993, PO 3 of 1997 and reference has been made to PO 8/2007 in judgment which in fact removed the anomaly and Retired judges were entitled to pension even independent of P.O No.8 of 2007 and the said judgment is valid for other reasons as mentioned in judgment.
4. What prompted the Registrar to put up a note on judicial side after lapse of almost four years of the p assing of judgment which had attained finality.
5. Whether it was not proper to place the matter before an appropriate Bench to proceed with the matter if at all it was necessary whereas the Hon’ble Chief Justice had himself decided the fate of note that prima facie the note make out case of examination and accordingly issued Notices straightaway to the Retired Judges.
6. Whether when a judgment is passed in regular jurisdiction under Article 185 the same can be reopened by recourse to other jurisdictions under Article 184, 186 of the Constitution, Human Right Forum or even Suo Moto.
7. Whether the judgment is also not sustainable on additional ground qua discrimination amongst Judges of Superior Courts.
8. Whether the retired Judge who never applied or party to the judgment can suffer for the Act of Court through which benefit is extended to them and at any rate recovery could be made for no fault of them.
9. Whether in any case the re-visitation of the judgment would be operative retrospectively or prospectively.
10. What should be effects and consequences and way-out regarding inaction of President of Pakistan for not determining the pension according to the schedule regarding the Judges of the High Court who had not completed five years as permanent service though he was empowered under the Constitution to do so.”
32. In addition to the above, he contended that in case present proceedings are deemed to be in exercise of powers of review conferred upon this Court under Article 188 of the Constitution, read with Order XXVI of the Supreme Court Rules, 1980, in that eventuality the guiding principle for determining the parameters of review as laid down by this Court in the case of Abdul Ghaffar – Abdul Rehman (supra) are to be strongly adhered to. Reiterating his stance on the point of maintainability of this petition, he stated that in case the note of the Registrar is taken out of consideration and upon perusal of the judgment under challenge this Court feels it appropriate to proceed further with this matter on its own conclusion, then of course, he has no legal objection as to the maintainability of these proceedings. In his submissions, Mr. Satti also placed reliance upon the case of Noor Jehan v. Federation of Pakistan (1997 SCMR 160) (paragraph-10) to show the limited scope of power of review available under the law. In this case, examining the scope of exercise of jurisdiction by the apex Court under Article 184(3) of the Constitution, while refusing to exercise such jurisdiction in that case for the detailed reasons incorporated in the judgment, it was held that the provisions of Article 184(3) of the Constitution indicate that the Supreme Court has been conferred with the power to entertain a petition under the above provision directly if the following two conditions are fulfilled:
(i) The case involves a question of public importance; and
(ii) The question so involved pertains to the enforcement of any of the Fundamental Rights contained in Chapter I of Part II of the Constitution.
In the end, he submitted that in case the judgment under challenge is reviewed by this Court and set at naught, then it should only be made applicable with prospective effect and not retrospectively, so as to protect the benefits already drawn by the retired judges, who have throughout acted in a bonafide manner and have received such pensionary benefits on the basis of judicial pronouncement of this Court and for no fault of their own.
33. Rana M. Shamim, learned ASC for another honourable retired Judge of the High Court Dr. Ghous Muhammad, J., during his submissions made reference to the contents of C.M.A No.742/2013, which is the reply of this petition on his behalf. He also gave details of services rendered by Dr. Ghous Muhammad as judge of the District judiciary before his elevation as judge of the High Court of Sindh w.e.f. 10.5.1995 and confirmation on 30.9.1996. Advancing the case of his client, Rana M. Shamim, pointed out that the date of superannuation of Dr. Ghous Muhammad was 09.4.2001, by which time he would have easily completed actual period of his service of more than five years and six months, but to his misfortune, through an extra-constitutional measure i.e. P.C.O 1 of 2000, he was un-ceremonially removed from his office on 26.1.2000, when he was not invited to take oath under the new extra constitutional set up.
34. Learned ASC also placed reliance upon the language of para 29 of President’s Order No.3 of 1997, read with regulation No.423 of CSR to show that despite shortage of less than two months in his actual length of service as Judge of the High Court, his case for retirement pension is fully matured on the strength of these provisions of law. In addition to it, he also made reference of Article 270AA(3)(b), which, according to him, provides complete redress to the grievance of his client relating to grant of pensionary benefits and protection of all other benefits, even in a situation when judgment under challenge is reviewed by this Court on any other legal premises. For ease of reference, the relevant part of this Article of the Constitution is reproduced as under:-
“Declaration and continuance of laws etc.
(3) Notwithstanding anything contained in the Constitution or clause (1), or judgment of any court including the Supreme Court or a High Court,—
(b) Judges of the Supreme Court, High Courts and Federal Shariat Court who not having been given or taken oath under the Oath of Office of (Judges) Order, 2000 (I of 2000), and ceased to hold the office of a Judge shall, for the purposes of pensionary benefits only, be deemed to have continued to hold office under the Constitution till their date of superannuation.”
35. Mrs. Asma Jehangir, representing Justice Tariq Mehmood, honourable retired judge of the High Court and the widow of late Justice Khiyar Khan, former Judge of the High Court, in her arguments firstly furnished relevant details about their career as a judge of the High Court, which reveal that the former served as a Judge of the High Court from 06.9.2000 to 6.4.2002 i.e. 01-year, 07-months and 04-days, while the late husband of latter, who was elevated as additional judge of the High Court on 16.9.1990 and reached the age of superannuation on 18.11.1994, had served for 04-years and 03-days. Arguing the case, she firmly questioned the maintainability of the petition in the present form as according to her, note of the Registrar cannot be taken as suo moto review petition against the judgment under challenge before this Court. Rather, such conduct of the Registrar is to be deprecated. She further argued that even if the discussion and observations contained in the judgment under challange, with reference to Presidents Order No.8 of 2007, are totally discarded, still the said judgment on the basis of other sound reasons is sustainable in law and not open to interference under the limited scope of review. She further argued that in paragraph-2 of the Fifth Schedule to Article 205 of the Constitution word “every judge” also includes additional judges for the purpose of pensionary benefits. Lastly, supporting the judgment under challenge on the principle of stare decisis, she placed reliance upon the judgment in the case of Bengal Immunity Co. v. The State of Bihar (AIR 1955 SC 661), which, inter alia, lays down that:-
“This Court has never committed itself to any rule or policy that it will not “bow to the lessons of experience and the force of better reasoning” by overruling a mistaken precedent…….
This is especially the case when the meaning of the Constitution is at issue and a mistaken construction is one which cannot be corrected by legislative action. To give blind adherence to a rule or policy that no decision of this Court is to be overruled would be itself to overrule many decisions of the Court which do not accept that view.
But the rule of ‘stare decisis’ embodies a wise policy because it is often more important that a rule of law be settled than that it be settled right. This is especially so where as here, congress is not without regulatory power…… The question then is not whether an earlier decision should ever be overruled, but whether a particular decision ought to be. And before overruling a precedent in any case it is the duty of the court to make certain that more harm will not be done in rejecting than in retaining a rule of even dubious validity.”
It would be seen that in this case the Court acted upon the limitations which they have laid down in the course of their decisions, that reconsideration and overruling of a prior decision is to be confined to cases where the prior decision ‘is manifestly wrong and’ its maintenance is productive of great public mischief.
The second is the case in –‘G. Nkambule v. The King’, 1950 AC 379 (Z37), where the Privy Council declined to follow its prior decision in – ‘Tuumahole Bereng v. R.’, 1949 AC 253 (X38). In this case, the Privy Council, while it reaffirmed the proposition that a prior decision upon a given set of facts ought not to be reopened without the greatest hesitation, explained why they, in fact, differed from the previous one in the following passage:
“From a perusal of the judgment in ‘Tumahole’s case’, (Z38), it is apparent that the history of the adoption and promulgation of the various statutes and proclamations dealing with the effect of the evidence of accomplices in South Africa was only partially put before the Board, and much material which has now been ascertained was not presented to their Lordships on that occasion. The present case, therefore, is one in which fresh facts have been adduced which were not under consideration when Tumahole’s case (Z38) was decided, and accordingly it is one in which, in their Lordships’ view, they are justified in reconsidering the foundations on which that case was determined”.
……… It will be noticed that the overruling of the prior decision in this case was based on the fact that important and relevant material was not placed before the Judicial Committee in the earlier case. These cases emphasis under what exceptional circumstances a prior decision or the highest and final court in a country is treated as not binding on itself.”
36. Mr. Sadiq Leghari, another honourable retired judge of the High Court, who appeared in person, invited our attention to C.M.A No.686/2013, which is his reply to this petition. He gave relevant details of his appointment as a judge of the High Court before having served the District judiciary in Sindh for a period of over thirty years to show that his actual period of service as judge of the High Court is 03-years, 10-months and 04-days. He made reference to the operative part of the judgment under challenge to show that by this judgment, no unrestricted or open ended relief has been granted to the retired judges of the High Court, but only to those retired judges of the High Court, who have retired in terms of Article 195 of the Constitution. As per his formulations, para 33 of the judgment under challenge excludes the additional judges of the High Court from availing its benefit. He, while making reference to Article 188 of the Constitution, candidly stated that vast powers of review are available with this Court, which are aimed to foster the cause of justice and to undo any injustice or irregularity, legal or factual. Mr. Leghari also made reference to the judgment in the case of Muhammad Mubeen-us-Salam v. Federation of Pakistan (PLD 2006 SC 602) to fortify his submissions that benefit of judgment under challenge once received by him and other retired judges of the High Court has created a vested right in their favour and now it is a past and closed transaction, which can not be reopened; more over, the two parts of Fifth Schedule to Article 205 of the Constitution, relating to the Supreme Court Judges and the High Court Judges, are discriminatory, thus, violative of Article 25 of the Constitution.
37. Sardar Muhammad Aslam, learned ASC for M/s M.K.N Kohli and Iftikhar Ahmed Cheema, two honourable retired judges of the High Court; and also for Mst. Begum Nusrat, widow of late Justice Muzaffar Ali Gondal, in his submissions made reference to C.M.As No.875/2013 and 1404/2013, which are their replies to these proceedings and also civil miscellaneous appeal No.176/2012, to show that retired Justice M.K.N Kohli, before his resignation, had served superior judiciary as a judge of the High Court for 04-years, 08-months, and 28-days. Therefore, besides the implication of judgment under challenge, his case was also qualified for pension in terms of paragraph-29 of the Presidents Order No.3 of 1997, read with Service Regulation No.423, and on the principle of rounding up of length of service. As regards the case of other retired judge, Justice Iftikhar Ahmed Cheema, he gave relevant dates of his joining of service as a Judge of the High Court and date of his retirement to show that after having served the District judiciary for over two/three decades, he also served the superior judiciary for 02-years, 07-months and 07-days, while late justice Muzaffar Ali Gondal, who retired as judge of Peshawar High Court on 06.5.1995, served as judge of the High Court for 04-years and 05-months. He conceded that as per the position as it stands today, all retired judges represented by him are beneficiaries of judgment under challenge, but for that, he adopted the arguments of other senior ASCs, who have earlier argued the scope of Article 205 read with Fifth Schedule to the Constitution regarding the pensionary rights of the judges of the High Court, who have retired from their offices after having served for a period less than five years.
38. Mr. M. Afzal Siddiqui, learned ASC representing Mr. Najam-ul-Hassan Kazmi, honourable retired judge of the High Court, in his brief submissions made reference of CMA No.392/2013, filed in these proceedings and for the purpose of defending the pensionary right of his client, placed reliance upon the judgment in the case of Justice Hasnat Ahmed Khan v. Federation of Pakistan/State (PLD 2011 SC 680), at page 734, paragraph-43, which reads as under:-
“43. It is a matter of great satisfaction and encouragement for all the right men, who believe in the constitutionalism and are of the affirmed commitment that in our beloved country there should not be any rule except one under the Constitution, that is why the Parliament had not granted legitimacy or validity to the actions of 3-11-2007. In view of the past history and on plain reading of the constitutional provisions relating to the Armed Forces i.e. Articles 243, 244 and 245, discussed hereinbefore it is abundantly clear that Chief of Army Staff, who has been appointed by the President in consultation with the Prime Minister has no authority to hold the Constitution in abeyance, therefore, condonation has to be sought by adopting a legislative intervention, as per past practice, from the parliament. In absence of such validation, indemnification or legitimization, unconstitutional actions taken by a dictator would continue to charge not only to the person who had imposed Martial Law (Emergency) but also to others as well who had accepted new order imposed in the country beneficially. There is no cavil with the proposition that unconstitutional actions of General Pervez Musharraf (Retd.) taken on 3-11-2007 were declared unconstitutional on 31-7-2008 but still their consequences continue to exist because by no legislative intervention through Parliament, the legitimacy, indemnity or validity had been granted by the Parliament. It is to be seen that at the time of such unconstitutional Martial Law in the name of Emergency on 3-11-2007, the Parliament (National Assembly + Senate) was duly functioning until 15-11-2007 when the National Assembly completed its tenure but no legitimacy, validity or indemnity was obtained from the said parliament. However, after dissolution of National Assembly, elections were held on 18-2-2008 and new National Assembly commenced its functions from 3rd week of March, 2008 onward. Meanwhile, Eighteenth and Nineteenth Constitutional Amendments were made by the parliament in pursuance whereof legislative actions of the Eighth Constitutional Amendment and Seventeenth Constitutional Amendments were also considered and all those legislative instruments, which found to be contrary to the Constitution, were weeded out of the Constitution. Interestingly the question of granting validity, indemnity and legitimacy in respect of Seventeenth Constitutional Amendment was also thoroughly examined and the Parliament unanimously indemnified, legitimized and validated the oath made by the Judges, under the PCO and Oath Order, 2000 by inserting sub Article 3 of the Article 270AA, which reads as under:–
“(3) Notwithstanding anything contained in the Constitution or clause (1), or judgment of any court including the Supreme Court or a High Court, –
(a) Judges of the Supreme Court, High Courts and Federal Shariat Court who were holding the office of a Judge or were appointed as such, and had taken oath under the Oath of Office (Judges) Order, 2000 (1 of 2000), shall be deemed to have continued to hold the office as a Judge or appointed as such, as the case may be, under the Constitution, and such continuance or appointment, shall have effect accordingly.
(b) Judges of the Supreme Court, High Courts and Federal Shariat Court who not having been given or taken oath under the Oath of Office (Judges) Order, 2000, (I of 2000), and ceased to hold the office of a Judge shall, for the purposes of pensionary benefits only, be deemed to have continued to hold office under the Constitution till their date of superannuation.”
The above provision in fact has replaced Article 270C inserted by the Seventeenth Constitutional Amendment, legitimizing, validating and condoning the oath taken by the then Judges under the PCO and Oath Order, 2000. Inasmuch as pensionary benefits were also extended to the Judges who had declined to take oath in pursuance of Emergency and PCO, 2000 read with Oath Order, 2000. A perusal whereof clearly indicates that by legislative intervention through Parliament, the Judges of the Supreme Court, High Courts and Federal Shariat Court who were holding the office of a Judge or were appointed as such, and had taken oath under the Oath of Office (Judges) Order, 2000 were deemed to have continued to hold the office as a Judge or appointed as such, as the case would be, under the Constitution, and such continuance or appointment, would have effect accordingly. However, Judges of the Supreme Court, High Courts and Federal Shariat Court who were not given or taken oath under the Oath Order, 2000, and ceased to hold the office of a Judge were, for the purposes of pensionary benefits only, were deemed to have continued to hold office under the Constitution till their date of superannuation.”
He added that in view of this clear enunciation of law by a six member Bench of the apex Court, pensionary rights of Mr. Najamul-Hassan Kazmi as a retired judge of the High Court are fully safeguarded like the case of honourable retired Justice Dr. Ghous Muhammad from the High Court of Sindh, whose case is identical and at par to his case.
39. Mr. Abdul Aziz Kundi, a former judge of the Peshawar High Court, who appeared before us in person and also for Mst. Roshan Bibi, widow of late Justice Sher Bahadur Khan, a former judge of the Peshawar High Court, contended that every permanent judge of the High Court is entitled for the pensionary benefits under paragraph-2 of Fifth Schedule to Article 205 of the Constitution, subject to determination by the President and until then, as per earlier arrangements. He also argued that when he was elevated to the Bench as a judge of the Peshawar High Court, the judgment under challenge was applicable and followed with full force in favour of all the retired judges of the High Courts for grant of pensionary benefits irrespective of their length of service, therefore, he had legitimate expectancy for grant of all the pensionary benefits upon his retirement, which had taken place on 31.10.2010, after he having served as a Judge of the Peshawar High Court for a period of 01-year, 03-months and 24-days. He also outlined the difficulties faced by him upon elevation as additional judge of the High Court as a result whereof, he had to close down his office and wind up his flourishing practice. He, therefore, while adopting the arguments of other learned senior ASCs, urged that in his case retrospective application of the judgment of this Court, in case it decides to review the judgment under challenge, shall not be made as his case is distinguishable on the principle of legitimate expectancy. Arguing the case of Mst. Roshan Bibi, widow of late Justice Sher Bahadur Khan, he mentioned that the deceased was appointed as additional judge of the High Court on 7.4.1967 and he retired as confirmed Judge of the High Court on 1.7.1970, after having served for 03-years, 08-months and 14-days, and thereafter he passed away on 30.12.1970, but in view of the ratio of the judgment under challenge, his widow has been found entitled for all the pensionary benefits in terms of paragraph-4 of Fifth Schedule to Article 205 of the Constitution.
40. Mr. Mehmood A. Sheikh, learned ASC on behalf of Justice Muhammad Aslam Arain, honourable retired judge of the High Court, in his arguments made reference of C.M.A No.1829 of 2013. He also gave relevant dates to show that before his retirement as Judge of the High Court on 11.5.1995, retired Justice Muhammad Aslam Arain had served as such for 04-years and 06-months, thus, apart from the implication of judgment under challenge, he is entitled for pensionary benefits in terms of paragraph-29 of the President’s Order No.3/1997, read with Service Regulation No.423, which provides for automatic rounding up and relaxation of such short period of service upto six months to make it five years of service for entitlement of pensionary benefits.
41. Mr. Salim Khan, another honourable retired judge of the High Court, who appeared in person to argue his case, made reference to C.M.A No.1274/2013, filed by him and also gave relevant dates of his joining as Additional Judge of the High Court and date of his retirement as 31.1.2008, to show that he, before his retirement, had served as judge of the High Court for a period of 03-years and thus entitled for the benefit of judgment under challenge on the basis of arguments advanced in this regard by other senior ASCs, which he also adopts.
42. Mr. Hamid Farooq Khan, honourable retired judge of the High Court, who also appeared in person, gave relevant dates of his joining as Additional Judge/permanent judge of the High Court and date of his resignation/retirement to show that he actually served as judge of the High Court for a period of 03-years and 07-months before his resignation under compelling circumstances, otherwise his date of superannuation was upto 15.10.2020. He pointed out that as a result of unforeseen circumstances resulting in his resignation/retirement, now he is barred under Article 207 of the Constitution from practicing in the Peshawar High Court. In the end, adopting the arguments of other senior ASCs, he placed reliance upon the case of Sindh High Court Bar Association (supra). It will be worthwhile to mention here that during the proceedings in the above cited case before a fourteen member Bench of the apex Court, almost all the judgments/case law cited in the present proceedings, was discussed at length in the manner that eventually, as detailed therein, all illegal actions of a dictator General Pervez Musharraf so also the earlier judgment of the Court in Tikka Iqbal Muhammad Khan case, were struck down/set aside. Not only this, but a review petition against such judgment tilted Justice Khurshid Anwar Bhinder and others v. Federation of Pakistan (PLD 2010 SC 483), heard by equal number of judges, was also dismissed with the observation that the Supreme Court has unfettered powers under Article 187 and 188 of the Constitution, read with Order XXVI of the Supreme Court Rules, to do ultimate justice for which earlier review petitions were very much maintainable.
43. Mr. Muhammad Munir Peracha, learned ASC, who is appearing in this case on behalf of M/s Sheikh Abdul Rashid, Chaudhry Mushtaq Ahmed Khan, Chaudhry Abdul Mannan and Munib Ahmed Khan, JJ, honourable retired judges of the High Court, at the commencement of his arguments made reference to C.M.As No.724, 836 and 835 of 2013, filed on behalf of these honourable retired judges of the High Court, containing their respective dates of appointment as additional judges/permanent judges and of their retirement/date on which they ceased to hold the office as High Court Judges. He stated that insofar as Mr. Justice Munir Ahmed Khan is concerned, he has not filed any CMA in reply to these proceedings. From the submissions made before us, we have noted that Sheikh Abdul Rashid, before his retirement on 31.5.2006, had served as a High Court Judge for 02-years, 08-months and 28-days; Chaudhry Mushtaq Ahmed Khan, who was affectee of the fallout of Al-Jehad Trust v. Federation of Pakistan (PLD 1996 SC 324) case, ceased to remain a judge of the High Court w.e.f 30.9.1996, but by that time, he had served the judiciary for 04-years, 01-month and 04-days; Chaudhry Abdul Mannan, who never remained permanent judge of the High Court, had served as High Court Judge for a period of 03-years, 02-months and 15-days; before his resignation and its acceptance by the President on 19.10.2009; while Mr. Munib Ahmed Khan had served as a High Court Judge for 03-years, 11-months and 25-days. Learned ASC, making reference to Article 205 and Fifth Schedule to the Constitution qua the judgment under challenge, submitted that it is a judgment in rem through which all the honourable retired judges, who have rendered less than five years service as a High Court Judge, are entitled to avail its benefit, thus, no exception could be taken to the claim of respondents represented by him. In the same context, he also made reference of Article 25 of the Constitution and the case of Hameed Akhtar Niazi v. Secretary, Establishment Division, Government of Pakistan (1996 SCMR 1185), which in its terms prohibit discrimination amongst the persons placed in the similar position and entitle others the benefit of earlier judgment, when applicable to their case. He further submitted that judgment under challenge is one which is not fit to be reviewed by this Bench for any technical reasons and if this Court still comes to a contrary conclusion and forms its view about the maintainability of these proceedings in the positive, then it should be made applicable only prospectively and not retrospectively to save the benefits which have been already availed by the honourable retired judges of the High Court in a bonafide manner. In order to gain support to the case of Chaudhry Abdul Mannan, J., who never remained permanent judge of the High Court, he also made reference to the definition of ‘Judge’, under Article 260 of the Constitution, which also includes an additional judge. He summed up his submissions on the note that all the honourable retired judges, who have rendered less than five years actual service as a High Court Judge, being respectable class of the society, having held constitutional post, deserve a sympathetic and lenient view in the matter, which may not be prejudicial to their interest.
44. Mr. Afnan Karim Kundi, learned ASC for honourable retired Justice Raza Ahmed Khan, before making his submissions, in order to give relevant dates of his appointment as additional judge, permanent judge and retirement of his client, made reference of C.M.A No.1419/2013, to show that he had actually served as High Court judge for a period of 03-years, 05-months and 04-days, before his retirement on attaining the age of superannuation on 05.3.1992. He contended that law relating to pensionary benefits is now well developed and provides that such benefit to a retired government servant is his hard earned right and no more a bounty of the State for certain individuals, therefore, an additional judge of the High Court is not entitled for any pensionary benefit, but only the permanent judges. He also made reference to the language of paragraph-2 of Fifth Schedule to Article 205 of the Constitution and argued that opening words of this paragraph “every judge” are to be given widest meaning in order to extend pensionary benefits to all the honourable retired judges of the High Court, irrespective of their length of service as such. He added that for fair determination of quantum of pension, any reasonable and equitable formula can be drawn by the President on the basis of rationalization of pensionary benefits to those honourable retired judges of the High Court, who have rendered less than five years service, as right now no such scheme is provided either in the President’s Order No.9 of 1970 or President’s Order No.3 of 1997.
45. Justice Muhammad Azam Khan, another honourable retired judge of the High Court, who appeared in person, made reference of C.M.A No.743/2013 to show that he was appointed as additional judge of the High Court on 13.6.1998 and was made to retire under the PCO of 2000 w.e.f 26.1.2000, after rendering total service of 01-year, 07-months and 12-days, thus, he is entitled for the benefit of Article 270AA(3)(b), which adequately protects his right to pension as affectees of PCO of 2000, resulting in his unceremonial and unconstitutional removal from service as High Court Judge. He, however, conceded that even if he had not been removed under the said PCO, on attaining the age of superannuation he would have retired on 17.3.2001 after rendering total service of less than 03 years. He also made reference of C.M.A No.940/2008, to show that he was one of the contesting party before the Supreme Court in the earlier proceedings wherein the judgment under challenge was passed. In the end, he stated that on other legal aspects of the matter, he adopts the arguments advanced by senior ASC Mr. Iftikhar Hussain Gillani.
46. Mr. Abdul Rahim Bhatti, learned ASC, who is representing Justice Abdul Ghani Sheikh, honourable retired judge of the High Court, made reference of C.M.A No.854/2013, to show various relevant dates of appointment and retirement of Mr. Sheikh after rendering actual service of 03-years and 15-days in aggregate. He made reference to the cases reported as Muhammad Mubeen-us-Salam (supra) and Muhammad Idrees v. Agricultural Development Bank of Pakistan (PLD 2007 SC 681) in support of his submission that even if the judgment under challenge is set aside, then its applicability can only be made prospectively and not retrospectively. More so, when it is a past and closed transaction as the judgment under challenge has been fully implemented by the official respondents.
47. Mr. Farhat Nawaz Lodhi, learned ASC for retired Justice Amjad Ali Sheikh, a honourable retired judge of the High Court, also gave relevant dates of his appointment and retirement to show that at the time of his retirement on 22.6.1999, retired Justice Amjad Ali Sheikh, has served as a judge of the High Court for a period of 02-years, 06-months and 10-days. He further adopted the arguments of Mr. Amir Alam Khan, learned ASC on the question of maintainability of these proceedings emanating from the note of the Registrar, being malicious.
48. At this stage, with leave of the Court, M/s Gulzarin Kiyani and Iftikhar Hussain Gillani, learned Sr. ASCs, made their further submissions wherein Mr. Kiyani, dilating upon the powers of review vested with this Court, made reference to the judgment in the case of Pir Bakhsh v. Chairman Allotment Committee (PLD 1987 SC 145) and also briefly discussed the principles of res judicata, stare decisis and prospective and retrospective application of various judgments announced by this Court to show that these principles are not attracted in the present case, which is to be adjudicated upon its own merits, more particularly, when these proceedings relate to public exchequer, thus, falling within the domain of public interest litigation. He also contended that in a case where constitutional provisions are clear in language, no doctrine of legitimate expectation can be applied in order to support or protect some wrong doing. For this purpose, he also made reference to the High Court Judges Pension Order, 1937, President’s Order No.9/1970 and President’s Order No.03/1997, to show that earlier to the adjudication vide judgment under challenge, it was otherwise also a convention religiously followed by all the retired judges of the High Court having rendered less than five years service that no claim for pension for such short period of service was to be made. In the end, to fortify his submissions, he cited following cases.
b. State of West Bangal v. Corporation of Calcutta
In the case of State of West Bengal (supra), examining the effect of Article 141 of the Constitution of India, it was held by a nine member Bench of the Indian Supreme Court that there is nothing in the Constitution which prevents Supreme Court from departing from its previous decision, if it is satisfied of its error and its baneful effect on general interests of public. In Constitutional matters which effect evolution of country’s polity, Supreme Court must more readily correct itself than in other branches of law as perpetuation of a mistake will be harmful to public interest, while continuity and consistency are conductive to smooth evolution of rule of law, hesitancy to set right deviation will retard its growth. To fortify this view, reference to the case of Bengal Immunity Co. (supra) was also made.
In the case of A.R Antulay (supra), with reference to the facts of the case, it was held that where the relevant statutory provisions were not brought to the notice of the Supreme Court, which precluded it to exercise power in a case, than it cannot be said that the judgment was not per incuriam. In this context reference was also made to the case of State of West Bengal v. Anwar Ali (AIR 1952 SC
75). In addition to it, the maxim “Actus Curiae Neminem Gravabit” (an act of the Court shall prejudice no man) was discussed and it was held that this maxim is founded upon justice and good sense and affords a safe and certain guide for the administration of the law; this maxim is not a source of general power to reopen and rehear adjudications which have otherwise assumed finality, as this maxim operates in a different and narrow area. It was illustrated that if owing to the delay in what, the Court should, otherwise, have done earlier but did later, a party suffers owing to events occurring in the interregnum, the Court has the power to remedy it.
49. Mr. Iftikhar Hussain Gillani, in his further submissions reiterated that the judgment under challenge cannot be termed as a judgment per incuriam, therefore, the benefits already drawn or claimed by the honourable retired judges of the High Court, though they having rendered less than five years actual service, cannot be reclaimed from them.
50. Khawaja Muhammad Haris, learned senior ASC, one of the amici curiae in this case, strongly supported the maintainability of these suo moto proceedings and contended that it may be that these proceedings have emanated from the note of the Registrar of this Court, but for according legitimacy to these proceedings it is the knowledge or notice taken by the Court, which is material and not its source. Once this Court finds that some law has been wrongly enunciated, it is its prime duty to correct the law irrespective of its fallout or effect upon its beneficiaries. He, while criticizing the judgment under challenge, strongly contended that there are many legal mistakes floating on the surface of the record with reference to the judgment under challenge, thus, it can be termed nothing but a judgment per incuriam, and by applying the principle of stare decisis, it cannot be saved. He added that even otherwise, the rule of stare decisis is not strictly applicable to the Supreme Court. Making reference to the High Court Judges Pension Order, 1937, President’s Order No.09/1970 and Presidents Order No.03/1997, he argued that no holistic or fair view was taken by this Court while passing its judgment under challenge and in this regard even prevalent convention and usage since the year 1937, having the force of law, were overlooked. He further argued that Fifth Schedule to Article 205 of the Constitution is not a sub-constitutional legislation, but a part of the Constitution in terms of Article 205 of Constitution, thus, it is to be read as such and when it is read in the context of prevalent President’s Orders from time to time, it makes it very clear that length of service of High Court judges has always remained prime consideration for grant of pensionary benefits to them or otherwise. He also dilated upon the language of paragraph-3 of the Fifth Schedule to Article 205 of the Constitution to show its relevancy and importance in the matter of determining the entitlement for pension of judges of the High Court, who have served for less than five years as such. He conceded that of course, paragraph-3 of the Fifth Schedule to Article 205 of the Constitution will not control its paragraph-2, but at the same time when the whole Schedule is read in conjunction with the President’s Order inforce at the relevant time, there remains no ambiguity that all those honourable retired judges, who have rendered less than five years actual service, excluding those cases which are found entitled for the benefit of paragraph-29 (ibid), read with Service Regulation No.423, are not entitled for any pensionary benefits. He again made reference to various provisions of Judges Order/President’s Orders right from the year 1937 till date to show undisturbed convention of over 75 years that no judge of the High Court, having served less than five years, ever objected to or raised the claim of pensionary benefit for a lesser period of service by advancing the interpretation of the relevant provisions of law in the manner as accepted in the judgment under challenge. Re-agitating the applicability of principle of per incuriam to the judgment under challenge, learned ASC read before us its paragraphs No.9 to paragraph No.22, one by one, to highlight several patent deficiencies in it, which brings it within the ambit of judgment per incuriam as per the law laid down by this Court in its various judgments. He further argued that since the very language of judgment under challenge gives its benefit to many others, who were not even party to such proceedings before the apex Court, therefore, the judgment under challenge is a judgment in rem and not a judgment in personam. In the same context, he also made reference to Article 203C, paragraph-9 of the Constitution, which has widened the applicability of the judgment under challenge to the judges of the Federal Shariat Court also. Here he also made reference to the case of Mahmood Khan Achakzai v. Federation of Pakistan (PLD 1997 SC 426) to express his point of view on the scope and application of “De facto” doctrine. In this case “De facto” doctrine was discussed as under:-
“The doctrine of de facto is a well recognized doctrine embedded in our jurisprudence. Under this doctrine bona fide acts in public interest performed by persons assuming authority, which turns out to be illegal, are assumed to have been performed by a de jure authority/person and binding. This doctrine is intended to avoid dislocation, instability and confusion while declaring a de facto authority illegal. In order to create stability, regularity and to prevent confusion in the conduct of public business and in security of private rights the acts of the officers de facto are not suffered to be questioned because of want of legal authority except by some direct proceeding instituted for the purpose by the State or someone claiming office de jure. The doctrine of de facto is based on considerations of policy and public interest. For good order and peace of- society the title of persons in apparent authority is to be respected and obeyed until their title is investigated in some regular mode prescribed by law.
The acts of the officers de facto performed by them within the scope of their assumed official authority in the interest of the public or third persons and not for their own benefit are generally as valid and binding as if they were the acts of officers de jure. This doctrine can be applied if the Parliament is declared to be illegally constituted and Enactment passed by such Parliament is declared unconstitutional. It is only in such situation that to preserve continuity, prevent disorder and protect private rights, this doctrine can be pressed in service.”
51. In the context of paragraph-29 of the President’s Order No.03/1997, he supported the claim of those former judges of the High Court, who have though rendered less than five years service, but are entitled for the benefit of paragraph-29 read with Service Regulation No.423. In support of his other submissions, particularly on the point of per incuriam, he further cited following cases.
In the case of Gulshan Ara (supra) relating offence under the Control of Narcotic Substances Act, 1997, the principle of per incuriam was discussed with reference to its dictionary meaning in Halsbury’s Laws of England, Fourth Edition, volume 26 in paras 557-558, and comments on the judgment per incuriam were recorded as under:-
“A decision is given per incuriam when the Court has acted in ignorance of previous decision of its own or of a Court of coordinate jurisdiction which covered the case before it in which case it must decide which case to follow or when it has acted in ignorance of House of a Lords’ decision, in which case it must follow that decision or when the decision is given in ignorance of the terms of statute or rule has statutory force.”
In the case of Fasih-ud-Din Khan (supra), also, the meaning of phrase per incuriam were dilated with reference to the case of Sindh High Court Bar Association (supra) and it was observed that connotation of per incuriam is “carelessness”. In the case of Asad Ali (supra), the scope of Article 184(3) of the Constitution was discussed in detail and, inter alia¸ it was held that Constitutional Convention once established has the same binding effect as a Constitutional provision, therefore, any breach of such Convention can be treated by the Court as a breach of the Constitution to which the Convention relates. It was further held that Constitution being the basic organic document, which is of a permanent character and is not subject to frequent changes, such a basic document is necessarily a reflection of the aspirations of its people.
The Constitution, therefore, is not an imprisonment of the past but it takes care of the present and is also alive to the future. The cardinal rule of interpretation of a basic document like Constitution is that it should be liberally construed and unless the context clearly implies a restricted construction, the words and expressions used in the Constitution are to be given widest connotation. Moreover, discussing the legal implication of retrospectivity or prospectivity of a statute touching the vested rights of the parties, it was observed that a new or amending statute touching the vested rights of the parties operates prospectively unless the language of the legislation expressly provides for its retrospective operation. However, the presumption against the retrospective operation of a statute is not applicable to statutes dealing with the procedure as no vested right can be claimed by any party in respect of a procedure. The only exception to the retrospective operation of a procedural law is that if by giving it a retrospective operation, the vested right of a party is impaired then to that extent it operates prospectively. The above principle applicable to a new or an amending statute, however, cannot be applied strictly to the law declared by the Courts through interpretative process. The Courts, while interpreting a law, do not legislate or create any new law or amend the existing law. By interpreting the law, the Courts only declare the true meaning of the law which already existed. Therefore, to that extent the law declared by the Court is applicable from the date the law is enacted.
In the case of Federation of Pakistan (supra) dealing with the case of civil servant qua the concept of judgments in “rem” and “personam”, reference to the definition of these phrases was made from Black’s Law Dictionary Sixth Edition; the ratio of Hameed Akhtar Niazi v. Secretary, Establishment Division (1996 SCMR 1185) was also discussed with reference to the scope and applicability of Article 25 of the Constitution and based on these reasons/legal principles, benefit was also extended to those other persons who were equally placed and found entitled for similar benefit through an earlier pronouncement of the Court.
52. Mr. Salman Akram Raja, the other amicus curiae appointed by the Court, during his submissions read before us second part of Fifth Schedule to Article 205 of the Constitution, relating to High Court Judges and contended that indeed in terms of paragraph-2 every judge of the High Court is entitled for pensionary benefits, but subject to determination of such right by the President, which is the basic requirement and only thereafter the question of quantum of pensionary benefits could be considered/decided by the President for determination. After reading paragraph-2 and 3 of the Fifth Schedule to Article 205 of the Constitution word-by-word, he contended that the word “determination by the President” has two facets; one about the right of every judge; and, the other about the quantum of pensionary benefits of every judge. When in this background, the Fifth Schedule relating to High Court Judges is read in line with the language of either High Court Judges Order, 1937 or President’s Order No.09/1970 or President’s Order No.03/1997, it clearly shows that determination made by the President regarding pensionary benefit of the honourable retired judges of the High Court, who have served as such for less than five years, is zero pension, for which no further clarification or illustration is needed in case President’s Order is read harmoniously with the Fifth Schedule. Making reference to the principle of rationality or proportionality in the matter of pensionary benefits, he further contended that this Court cannot sit over or regulate the powers of the President in this regard, therefore, no such observation or directions can be issued to the President, who has already determined the right of the judges of the High Court, having rendered less than five years service as “Zero”. He also made reference to the judgment in the case of Sindh High Court Bar Association (supra) to show that the judgment under challenge is mainly based on the President’s Order No.08/2007 dated 14.12.2007, which has been already declared ultra vires and void ab initio, and it also contain relevant observations striking down the opinion of the Attorney General for Pakistan in that case. He further made reference of Article 184(3), 187 and 188 of the Constitution in support of his arguments that suo moto proceedings in the present form are very much competent, particularly in the circumstances when question of public exchequer is involved and the fallout of judgment under challenge is huge burden over it, which has brought this case within the domain of public interest litigation. In the end, he referred the case of Hussain Badshah v. Akhtar Zaman (2006 SCMR 1163) to conclude his submissions that if the judgment under challenge is reviewed, its applicability shall be made prospectively so that the pensionary benefits already availed by the former/retired Judges of the High Court, having less than five years service to their credit, are not disturbed. He also made a statement before the Court that he will further provide written synopsis of his arguments to show number of glaring deficiencies in the judgment under challenge, which makes it a judgment per incuriam.
53. Mr. Azam Khan Khattak, Additional Advocate General, Balochistan, when came at the rostrum, simply adopted the arguments of learned Attorney General for Pakistan, although by that time, the learned Attorney General for Pakistan has not even made his arguments in the case. When confronted with this position, he submitted that he knows that what the learned Attorney General for Pakistan is going to argue in this case, therefore, without waiting for his submissions, he is making such statement before the Court.
54. Mr. Muhammad Qasim Mirjat, learned Additional Advocate General Sindh argued that only confirmed/permanent judges of the High Court are entitled for pensionary benefits and not those who had performed only as additional judges of the High Court. He further argued that the scheme under the Constitution with reference to Article 205 of the Constitution, read with its Fifth Schedule and the President’s Order 9 of 1970 or 3 of 1997, is quite clear, therefore, he would not support the claim of the honourable retired judges of the High Court, who have rendered less than five years service as such and now claiming pensionary benefits on the basis of the judgment under challenge.
55. Mr. Hanif Khatana, learned Additional Advocate General, Punjab conceded to the jurisdiction of this Court in entertaining and deciding the present petition on merits, however, making reference to the language of paragraph-2 of Fifth Schedule to Article 205 of the Constitution, he submitted that every judge of the High Court, irrespective of his length of service is entitled for pensionary benefits.
56. Mr. Zaheer Bashir Ansari, ASC, who appeared in this case on behalf of his late brother Justice Tanvir Bashir Ansari, retired judge of the High Court, was unable to give exact date of his appointment and retirement, but pointed out that on his retirement date i.e. 25.6.2005, late Justice Tanvir Bashir Ansari has served as a Judge of the High Court for a period of 04-years, 01-month and few days. He further adopted the arguments advanced by other senior ASCs in this case.
57. Syed Arshad Hussain Shah, Additional Advocate General, KPK in his arguments, stressed upon the definition of word “every” and in this context, referred the case of Abrar Hassan v. Government of Pakistan (PLD 1976 SC 315). In this case, in a petition in the nature of quo warranto, one of the question involved was that whether a writ of such nature could be issued against a High Court Judge. In that context, it was observed that often terms “Judge” and “Court” are used interchangeably as synonymous yet this does not obliterate distinction between a Judge as an individual and Court as seat of justice as an institution. In the end, prayer for grant of writ of quo warranto against the judge was declined and the petitioner was, therefore, dismissed. He contended that these suo moto proceedings in order to examine the legality and propriety of the judgment under challenge on the touchstone of per incuriam, etc are very much maintainable, however, in the peculiar facts and circumstances, he supported the judgment under challenge as well as the claim of every retired judge of the High Court for pensionary benefits, irrespective of his actual length of service as such.
58. Mr. Irfan Qadir, learned Attorney General for Pakistan, in his arguments boldly asserted that judges cannot be made judge of their own cause for the purpose of determining their pensionary benefits. Thus, neither he is supporting these suo motoproceedings, nor the judgment under challenge, as determination of right to pension in terms of the clear language of paragraph-2 of the Fifth Schedule to Article 205 of the Constitution is exclusive domain of the President of Pakistan. He further contended that from the definition of word “Judge” given under Article 260 of the Constitution, even the additional judges of the High Court, if the President so determines, could be entitled for pensionary benefit irrespective of the bar under Article 207 of the Constitution. Expressing his view about some other legal aspects of the judgment under challenge, he firstly argued that even wrong law declared by this Court cannot be corrected under any constitutional jurisdiction vested with the Supreme Court, however, at a later stage, he conceded that Supreme Court has unfettered powers under the Constitutional mandate to ensure correct interpretation of law and its applicability to all the citizen of the Country and no palpable wrong pronouncement of law could hold the field once it has come to the notice of the Court and necessary proceedings have been initiated for this purpose. He further argued that judgment under challenge is not entirely dependent upon the discussion made in its paragraph-20, relating to President’s Order No.08/2007, which has been set at naught and declared to be void ab initio in the case of Sindh High Court Bar Association (supra). He also brought to our notice that as per his information, another President’s Order based on the summary of Ministry of Law for determining the right to pension of the honourable retired judges of the High Court, having rendered less than five years service, is in the pipeline. However, till the conclusion of these proceedings and announcement of our short order in Court on 11.4.2013, no such President’s Order has seen the light of the day.
59. For a short while, Justice Abdul Ghani Sheikh, with the permission of the Court, also came at the rostrum to make his submissions. He read before us paragraph-2 & 3 of the Fifth Schedule to Article 205 of the Constitution to advance his case for pensionary benefits irrespective of his length of service and in support of his submission, placed reliance upon the cases of State Bank of Pakistan v. Mst. Mumtaz Sultana (2010 SCMR 421) and Pakistan through Secretary Ministry of Finance v. Muhammad Himayatullah Farukhi (PLD 1969 SC 407). In the case of State of Bank of Pakistan (supra), dealing with some dispute relating to Voluntary Golden Handshake Scheme floated by the State Bank of Pakistan through Circular No.9 of 1997, dated 23.10.1997, while outlining the distinction between a judgment in rem and judgment in personam as also highlighted in the case of Pir Bakhsh and others v. The Chairman, Allotment Committee and others (PLD 1987 SC 145), it was held that the benefit allowed to one group of employees cannot be denied to another group of employees in similar position, even if they were not party to the earlier proceedings, as the State Bank of Pakistan was bound by the earlier decision to redress their grievance accordingly. In the other case of Pakistan through Secretary Ministry of Finance(supra), in depth discussion as regards the Principle of locus poenitentiae (power of receding till a decisive step taken) was made and it was held that the authority that has power to make an order has also the power to undo it, but subject to the exception that where the order has taken legal effect, and in pursuance thereof certain rights have been created in favour of any individual, such order cannot be withdrawn or rescinded to the detriment of his rights.
60. It may be mentioned here that some other senior ASCs/ASCs and honourable retired judges, who appeared during the proceedings of this case on some dates, did not come forward to make their submissions, though before conclusion of the proceedings on 11.4.2013, right to audience was extended to all, that if any one of them intends to argue the case, he may come at the rostrum to make his submissions.
61. When we look at the detailed submissions of the learned senior ASCs, ASCs, the Additional Advocate Generals of four Provinces, the Attorney General for Pakistan, some of the retired judges of the High Court, who appeared in person and the two amici curiae, as noted above, we find that for proper adjudication of all these factual and legal controversies, framing of three moot points for consideration covering the gamut of these submissions will be useful, which are accordingly framed as under:-
(a) Whether the present suo moto proceedings, emanating from the office note of the Registrar dated 21.11.2012, are not maintainable on the basis of various legal contentions raised before us qua the powers of this Court vested under Articles 184, 185, 187 and 188, in Chapter-1, PartVII of our Constitution?
(b) What could be the correct interpretation of Article 205, its Fifth Schedule in the Constitution, read with applicable President’s Orders No.09 of 1970 / 03 of 1997?
(c) Whether under any legal principle, pensionary benefits, etc, already availed by the honourable retired judges of the High Court on the basis of judgment under challenge could be retained by them, or they are liable to return/restore/refund all such benefits to the public exchequer?
62. As to the question of maintainability of this petition, from the arguments advanced by the learned ASCs etc, we find that the first objection as to its maintainability is raised in the context of jurisdiction and powers of the Registrar of this Court for submission of the note dated 21.11.2012, which formed basis for the subsequent order of the Honourable Chief Justice for fixation of this petition before the larger Bench. The other objections as to the maintainability are with reference to the powers of this Court under Articles 184(3), 187 and 188 of the Constitution qua applicability of the principles of “stare decisis”, “res judicata”, “locus poenitentiae” and “past and closed transaction”. In this regard, when we have confronted the learned ASCs with a simple but important question, that if for any reason the note of the Registrar dated 21.11.2012 is improper and its contents are discarded, but at the same time when the issue in relation to the illegality of a judgment, which has taken the form of a precedent laying down an incorrect law, and its colossal fallout on the public exchequer, which has brought it within the domain of public interest litigation, has come to our notice in any form, whether for some technical reasons alone, the Court should still desist from exercising its jurisdiction vested under Articles 184(3), 187 and188 of the Constitution, the unanimous answer to this question was in the negative i.e. in exercise of powers under the constitutional provisions, this Court has unlimited jurisdiction to reopen, revisit or review, and for this purpose examine any judgment earlier pronounced by this Court to set the law correct, to cure injustice, save it from becoming an abuse of the process of law and this judicial system. The Attorney General for Pakistan, during his arguments, at one stage stated that under no circumstances does this Court have jurisdiction to examine or review the judgment under challenge, but later on, he also conceded to this legal position. Although some of the learned ASCs still reiterated their arguments for pressing into service the principle of stare decisis, res judicata and “past and closed transaction” and cited some judgments in support thereof, but at the conclusion of the proceedings, none of them could dispute that the principle of stare decisis, res judicata, or past and closed transaction in their literal form are not applicable to the proceedings before the apex Court in a situation when the very judgment under challenge is found “per incuriam”.
63. In order to exhibit some of the powers of this Court, which could be exercised to consider a question of public importance with reference to enforcement of any fundamental right; for doing complete justice in any case or matter pending before it, and powers of review available to the Supreme Court, it will be useful to reproduce hereunder Articles 184(3), 187 and 188 of the Constitution respectively and also to discuss few celebrated judgments, enunciating some broad principles of law in this regard. For this purpose, reference is made here to the judgments in the cases of Abdul Ghaffar- Abdul Rehman (supra), Sindh High Court Bar Association (supra) and Justice Khurshid Anwar Bhinder (supra). Article 184(3) of the Constitution.
“184. Original jurisdiction of Supreme Court.-(1) The Supreme Court shall, to the exclusion of every other Court, have original jurisdiction in any dispute between any two or more Governments.
Explanation.-In this clause, “Governments” means the Federal Government and the Provincial Governments.
(2) In the exercise of the jurisdiction conferred on it by clause (1), the Supreme Court shall pronounce declaratory judgments only.
(3) Without prejudice to the provisions of Article 199, the Supreme Court shall, if it considers that a question of public importance with reference to the enforcement of any of the Fundamental Rights conferred by Chapter I of Part II is involved, have the power to make an order of the nature mentioned in the said Article.”
Article 187 of the Constitution.
“187. Issue and execution of processes of Supreme Court.-(1) Subject to clause (2) of Article 175, the Supreme Court shall have power to issue such directions, orders or decrees as may be necessary for doing complete justice in any case or matter pending before it, including an order for the purpose of securing the attendance of any person or the discovery or production of any document.
(2) Any such direction, order or decree shall be enforceable throughout Pakistan and shall, where it is to be executed in a Province, or a territory or an area not forming part of a Province but within the jurisdiction of the High Court of the Province, be executed as if it had been issued by the High Court of that Province.
(3) If a question arises as to which High Court shall give effect to a direction, order or decree of the Supreme Court, the decision of the Supreme Court on the question shall be final.”
Article 188 of the Constitution.
“188. Review of judgments or orders by the Supreme Court.-The Supreme Court shall have power, subject to the provisions of any act of Majlis-e-Shoora (Parliament) and of any rules made by the Supreme Court, to review any judgment pronounced or any order made by it.”
“14. ….. Article 188 of the Constitution confers power on this Court subject to the provisions of any Act of the Parliament and any rules made by the Supreme Court to review any judgment pronounced or any order made by it. Whereas’ Order XXVI, rule 1 of the Rules lays down that subject to the law and practice of the Court, the Court may review its judgment, order of any civil proceeding, on ground similar to those mentioned in Order XLVII, rule 1 of C.P.C. and any criminal proceeding on the ground of an error apparent on the face of the record.
It may be observed that Order XLVII, rule 1 of C.P.C. gives a right to a party to apply for review if he is aggrieved by the orders or decrees, or decisions mentioned in sub-clauses (a), (b), (c) of rule 1 on the three grounds, namely, discovery of new and important matter or evidence which, after the exercise of due diligence, was not within his knowledge or could not be produced by him at the time when the decree was passed or order made, or on account of some mistake or error apparent on the face of the record, or for any other sufficient reason.
15. We may now refer to the judgments relied upon by the learned counsel for the parties. Mr.S. Sharifuddin Pirzads has referred to the following cases:-
(i) Lt.-Col. Nawabzada Muhammad Amir Khan v. The Controller of Estate Duty, Government of Pakistan, Karachi and others (PLD 1962 SC 335).
(iii) Suba through Legal Heirs v. Fatima Bibi through Legal Heirs and others (1996 SCMR 158);
(iv) Mian Rafiq Saigol and another v. Bank of Credit and Commerce
(v) Unreported order in Civil Review Petition No.l-K of 1989 (Begum Asfar Saeed and others v. Ch.Abdul Aziz) rendered by this Court on 10-3-1991.
In the above first case, Cornelius C.J. made the following observation as to the scope of review:
“For the present purpose, the emphasis should, in my opinion, be laid upon the consideration that, for the doing of “complete justice”, the Supreme Court is vested with full power, and I can see no reason why the exercise of that full power should be applicable only in respect of a matter coming up before the Supreme Court in the form of a decision by a High Court or some subordinate Court. I can see no reason why that purpose in its full scope, should not also be applicable for the purpose of reviewing a judgment delivered by the Supreme Court itself: provided that thereby found a necessity within the meaning of the expression “complete justice” to exercise that power. It must, of course, be borne in mind that by assumption, every judgment pronounced by the Court is a considered and solemn decision on all points arising out of the case, and further that every reason compels towards the grant of finality in favour of such judgments delivered by a Court which sits at the apex of the judicial system. Again, the expression “complete justice” is clearly not to be understood in any abstract or academic sense. So much is clear from the provision in Article 163(3) that a written order is to be necessary for the purpose of carrying out the intention to dispense “complete justice”. There must be a substantial or material effect to be produced upon the result of the case if, in the interests of “complete justice” the Supreme Court undertakes to exercise its extraordinary power of review of one of its own considered judgments. If there be found material irregularity, and yet there be no substantial injury consequent thereon, the exercise of the power of review to alter the judgment would not necessarily be required. The irregularity must be of such a nature as converts the process from being one in aid of justice to a process that brings about injustice.
Where, however, there is found to be something directed by the judgment of which review is sought which is in conflict with the Constitution or with a law of Pakistan there it would be the duty of the Court unhesitatingly to amend the error. It is a duty which is enjoyed upon every Judge of the Court by the solemn oath which he takes when he enters upon his duties, viz., to “preserve, protect and defend the Constitution and law of Pakistan.”
In the above report, Kaikaus, J., who rendered his separate opinion made the following observations:-
“to permit a review on the ground of incorrectness would amount to granting the Court the jurisdiction to hear appeals against its own judgments or perhaps a jurisdiction to one Bench of the Court to hear appeals against other benches; and that surely is not the scope of review jurisdiction. No mistake in a considered conclusion, whatever the extent of that mistake, can be a ground for the exercise of review jurisdiction. On a proper consideration it will be found that the principles underlying the limitations mentioned in Order XLVII, rule 1, Civil Procedure Code, are implicit in the nature of review jurisdiction. While I would prefer not to accept those limitations as if they placed any technical obstruction in the exercise of the review jurisdiction of this Court I would accept that they embody the principles on which this Court would act in the exercise of such jurisdiction. It is not because a conclusion is wrong but because something obvious has been overlooked, some important aspect of the matter has not been considered, that a review petition will lie. It is a remedy to be used only in exceptional circumstances.”
In the second case this Court comprising the then learned Chief Justice and four companion Judges entertained a suo motu review and allowed the same for the following reasons:-
“11. The above case supports the petitioner’s stand. Another aspect which escaped notice of this Court in the judgment under review is that some of the other civil servants/employees placed in the same position as the petitioner was had been considered for promotion to BPS-17 and in fact were promoted, whereas the petitioner was denied the above benefit which amounted to violation of inter alia Article 25 of the Constitution of the Islamic Republic of Pakistan, 1973. In this regard, reference may be made to the case of I.A. Sharwani and others v. Government of Pakistan through Secretary, Finance Division, Islamabad and others 1991 SCMR 1041
14. The upshot of the above discussion is that the judgment under review is liable to be recalled as it proceeded on wrong premises. We would, therefore, allow the above Suo Motu Review Petition and recall the above judgment. In consequence thereof, petitioner’s Civil Appeal No. 216 of 1991 is allowed and the judgment of the Tribunal is set aside and the respondents are directed to consider the petitioner’s case for promotion to BPS-17.”
In the third case this Court, while accepting a review petition, made following observations:-
“From the above discussed legal position, it emerges that a petition for review before this Court would lie on grounds, which are analogous to those embodied in Order XLVII, Rule 1, C.P.C. The review petition would also be competent if something which is obvious in the judgment has either been overlooked and that if it would have been considered by the Court, the final result of the case would have been otherwise. No review petition, however, would lie on the ground of a wrong decision by the Court or that another view is possible on reconsideration.”
In the fourth case also the scope of review was succinctly discussed by this Court after referring the relevant case-law and in this regard the following observations were made:– ‘
“From the preceding discussion it follows that review proceedings cannot partake re-hearing of a decided case.
Therefore, if the Court has taken a conscious and deliberate decision on a point of law or fact while disposing of a petition or an appeal, review of such judgment or order cannot be obtained on the grounds that the Court took an erroneous view or that another view on reconsideration is possible. Review also cannot be allowed on the ground of discovery of some new material, if such material was available at the time of hearing of appeal or petition but not produced. A ground not urged or raised at the hearing of petition or appeal cannot be allowed to be raised in review proceedings. Only such errors in the judgment/order would justify review, which are selfevident, found floating on the surface, are discoverable without much deliberations, and have a material bearing on the final result of the case.”
In the last unreported order of this Court in the case of Begum Asfar Saeed and others v. Ch. Abdul Aziz, after referring a number of cases, the following conclusion was recorded as to the scope of a review:-
“From an examination of the aforesaid precedents of this Court, it seems settled that overlooking some important aspect of the matter from consideration or an erroneous assumption of a material fact affecting the conclusion reached in the judgment are valid grounds on which the review of a judgment can be permitted. In view of what is stated it is not necessary to refer to the judgments cited by the respondent on the scope of review, because mostly the cases relate to reargument of an appeal in review jurisdiction which is not permissible, or to the raising of pleas which were not agitated at the hearing of the appeal or contained a reassertion of the law as laid down in the case of Muhammad Amir Khan v. Controller of Estate Duty (PLD 1962 SC 335) on which the respondent himself relied.”
16. We may now refer to the following cases relied upon by Mr. Gulzarin Kiani, learned Advocate Supreme Court for the respondents: —
(i) Sajjan Singh and others v,. The State of Rajasthan and others (AIR 1965 SC 845);
(v) M/s. Northern India Caterers (India) Ltd. v. Lt. Governor of Delhi (AIR 1980 SC 674);
In the above first case, the India Supreme Court while dilating upon Article 141 of the Indian Constitution relating to the power of review of the Supreme Court observed that the Constitution does not place any restriction on the power of the Supreme Court to review its earlier decision or even to depart from them and any matters relating to the decision of Constitutional points which have significant impact on the fundamental rights of citizens, it would be prepared to review its earlier decision in the interest of public good and that the doctrine stare decisis may not be strictly applied in this context. It was further observed that this doctrine will not be permitted to perpetuate erroneous decisions announced by the Supreme Court to the detriment of the general welfare. It was also observed that the question, whether different view is to be taken, would depend on the nature of infirmity alleged in the earlier decision, its impact on public good and the validity and compelling character of situations urged in support of the contrary view.
In the second case the Indian Supreme Court examined the scope as to when it should change its previous view in the following words:-
“When it is urged that the view already taken by this Court should be reviewed and revised it may not necessarily be an adequate reason for such review and revision to hold that though the earlier view is a reasonably possible view, the alternative view which is pressed on the subsequent occasion is more reasonable. In reviewing and revising its earlier decision, this Court should ask itself whether in the interests of the public good or for any other valid and compulsive reasons, it is necessary that the earlier decision should be revised.
When this Court decides questions of law, its decisions are, under Article 141, binding on all Courts within the territory of India, and so, it must be the constant endeavour and concern of this Court to introduce and maintain an element of certainty and continuity in the interpretation of law in the country. Frequent exercise by this Court of its power to review its earlier decisions on the ground that the view pressed before it later appears to the Court to be more reasonable, may incidentally tend to make law uncertain and introduce confusion which must be consistently avoided. That is not to say that if on a subsequent occasion, the Court is satisfied that its earlier decision was clearly erroneous, it should hesitate to correct the error; but before a previous decision is pronounced to be plainly erroneous, the Court must be satisfied with a fair amount of unanimity amongst its members that a revision of the said view is fully, justified.
It is not possible or desirable, and in any case it would be inexpedient to lay down any principles which should govern the approach of the Court in dealing with the question of reviewing and revising its earlier decisions. It would always depend upon several relevant considerations:– What is the nature of the infirmity or error on which a plea for a review and revision of the earlier view is based? On the earlier occasion, did some patent aspects of the question remain unnoticed, or was the attention of the Court not drawn to any relevant and material statutory provision, or was any previous decision of this Court bearing on the point not noticed? Is the Court hearing such plea fairly unanimous that there is such an error in the earlier view? What would be the impact of the error on the general administration of law or on public good? Has the earlier decision been followed on subsequent occasions either by this Court or by the High Courts? And, would the reversal of the earlier decision lead to public inconvenience, hardship or mischief? These and other relevant considerations must be carefully borne in mind whenever this Court is called upon to exercise its jurisdiction to review and revise its earlier decisions. These considerations become still more significant when the earlier decision happens to be a unanimous decision of a Bench of five learned Judges of this Court.”
In the third case it was urged by the Indian Supreme Court that when it was not shown that the earlier judgment of the Supreme Court was erroneous or that any vital point was not considered, the Supreme Court would decline to review its earlier judgment.
In the fourth case, Krishna Iyer, J. made the following weighty observations as to the scope of review:–
“Mr. Daphtary, learned counsel for the petitioners, has argued at length all the points which were urged at the earlier stage when we refused special leave thus making out that a review proceeding virtually amounts to a rehearing. May be we were not right in refusing special leave right in the first round but, once an order has been passed by this Court, a review thereof must be subject to the rules of the game and cannot be lightly entertained. A review of a judgment is a serious step and reluctant resort to it is proper only where a glaring omission or patent mistake or like grave error has crept in earlier by judicial fallibility. A mere repetition through different counsel of old and overruled arguments, a second trip over ineffectually covered ground or minor mistakes of inconsequential import are obviously insufficient. The very strict need for compliance with these factors is the rationale behind the insistence of counsel’s certificate which should not be a routine affair or a habitual step. It is neither fairness to the Court which decided nor awareness of the precious public time lost what with a huge back-log of dockets waiting in the queue for disposal, for counsel to issue easy certificates for entertainment of review and fight over again the same battle which has been fought and lost. “
In the fifth case, Krishna Iyer, J. of the Indian Supreme Court again enunciated the scope of a review by holding that a party is not entitled to seek a review of the judgment delivered by the Supreme Court merely for the purpose of re-hearing and a fresh decision of the case. It has been pointed out that the normal principle is that a judgment pronounced by the Court is final and departure from that principle is justified only when circumstances of a substantial and compelling character make it necessary to do.
In the sixth case, Krishan Iyer, J. again reiterated that review is not a routine procedure but the material error should be manifest on the face of the earlier order resulting in miscarriage of justice and must be proved.
In the seventh case, the Indian Supreme Court highlighted that there is no distinction as to the power between Benches of the Supreme Court because of the number of Judges constituted the same, in the following words:-
“It is time to sound a note of caution. The Supreme Court under its Rules of Business ordinarily sits in divisions and not as a whole one. Each Bench, whether small or large, exercises the powers vested in the Court and decisions rendered by he benches irrespective of their size are considered as decisions of the Court. The practice has developed that a larger Bench is entitled to overrule the decision of a smaller Bench notwithstanding the fact that each of the decisions is that of the Court. That principle, however, would not apply in the instant case and a Bench of Seven Judges is not entitled to reverse the decision of the Constitution Bench,. Overruling when made by a larger Bench of an earlier decision of a smaller one is intended to take away the precedent value of the decision without affecting the binding effect of the decision in the particular case. “
17. From the above case-law, the following principles of law are deductible:
(i) That every judgment pronounced by the Supreme Court is presumed to be a considered, solemn and final decision on all points arising out of the case;
(ii) that if the Court has taken a conscious and deliberate decision on a point of fact or law, a review petition will not lie;
(iii) that the fact the view canvassed in the review petition is more reasonable than the view found favour with the Court in the judgment/order of which review is sought, is not sufficient to sustain a review petition;
(iv) that simpliciter the factum that a material irregularity was committed would not be sufficient to review a judgment/order but if the material irregularity was of such a nature, as to convert the process from being one in aid of justice to a process of injustice, a review petition would lie;
(v) that simpliciter the fact that the conclusion recorded in a judgment/order is wrong does not warrant review of the same but if the conclusion is wrong because something obvious has been overlooked by the Court or it has failed to consider some important aspect of the matter, a review petition would lie;
(vi) that if the error in the judgment/order is so manifest and is floating on the surface, which is so material that had the same been noticed prior to the rendering of the judgment the conclusion would have been different, in such a case a review petition would lie;
(vii) that the power of review cannot be invoked as a routine matter to rehear a case which has already been decided nor change of a counsel would warrant sustaining of a review petition, but the same can be pressed into service where a glaring omission or patent mistake has crept in earlier by judicial fallibility;
(viii) that the Constitution does not place any restriction on the power of the Supreme Court to review its earlier decisions or even to depart from them nor the doctrine stare decisis will come in its way so long as review is warranted in view of the significant impact on the fundamental rights of citizens or in the interest of public good;
(ix) that the Court is competent to review its judgment/order suo motu without any formal application;
(x) that under the Supreme Court Rules, it sits in divisions and not as a whole. Each Bench whether small or large exercises the same power vested in the Supreme Court and decisions rendered by the Benches irrespective of their size are decisions of the Court having the same binding nature.
“167. At this stage, it is necessary to elucidate through our own jurisprudence and that of other jurisdictions the principle of trichotomy of powers and the power of judicial review vested in the superior Courts. Case-law from the Indian jurisdiction is particularly instructive on account of the common origins of constitutionalism springing from the Government of India Act, 1935 read with the Indian Independence Act, 1947. The Supreme .Court of India, in the case of Minerva Mills Ltd v. Union of India (AIR 1980 SC 1789) held that the judiciary was the interpreter of the Constitution and was assigned the delicate task of determining the extent of the power conferred on each branch of the government, its limits and whether any action of that branch transgressed such limits. It may be advantageous to reproduce below relevant excerpts from the judgment of the Indian Supreme Court delivered by Bhagwati J, in the said case: –
“92………Parliament too, is a creature of the Constitution and it can only have such powers as are given to it under the Constitution. It has no inherent power of amendment of the Constitution and being an authority created by the Constitution, it cannot have such inherent power, but the power of amendment is conferred upon it by the Constitution and it is a limited power which is so conferred. Parliament cannot in exercise of this power so amend the Constitution as to alter its basic structure or to change its identity. Now, if by constitutional amendment, Parliament were granted unlimited power of amendment, it would cease to be an authority under the Constitution, but would become supreme over it, because it would have power to alter the entire Constitution including its basic structure and even to put an end to it by totally changing its identity. It will therefore be seen that the limited amending power of Parliament is itself an essential feature of the Constitution, a part of its basic structure, for if the limited power of amendment were enlarged into an unlimited power, the entire character of the Constitution would be changed. It must follow as a necessary corollary that any amendment of the Constitution which seeks, directly or indirectly, to enlarge the amending power of Parliament by freeing it from the limitation of unamendability of the basic structure would be violative of the basic structure and hence outside the amendatory power of Parliament.
93. It is a fundamental principle of our constitutional scheme, and I have pointed this out in the preceding paragraph, that every organ of the. State, every authority under the Constitution. Derives its power from the Constitution and has to act within the limits of such power. But then the question arises as to which authority must decide what are the limits on the power conferred upon each organ or instrumentality of the State and whether such limits are transgressed or exceeded. Now there are three main departments of the State amongst which the powers of Government are divided; the Executive, the Legislature and the Judiciary. Under our Constitution we have no rigid separation of powers as in the United States of America, but there is a broad demarcation, though, having regard to the complex nature of governmental functions, certain degree of overlapping is inevitable. The reason for this broad separation of powers is that “the concentration of powers in any one organ may” to quote the words of Chandrachud, J. (as he then was) in Smt. Indira Gandhi’s case (AIR 1975 SC 2299) “by upsetting that fine balance between the three organs, destroy the fundamental premises of a democratic Government to which were pledged.” Take for example, a case where the executive which is in charge of administration acts to the prejudice of a citizen and a question arises as to what are the powers of the executive and whether the executive has acted within the scope of its powers. Such a question obviously cannot be left to the executive to decide and for two very good reasons. First, the decision of the question would depend upon the interpretation of the Constitution and the laws and this would pre-eminently be a matter, fit to be decided by the judiciary,. because it is the judiciary which alone would be possessed of expertise in this field and secondly, the constitutional and legal protection afforded to the citizen would become illusory if it were left to the executive to determine the legality of its own action. So also if the legislature makes a law and a dispute arises whether in making the law the legislature has acted outside the area of its legislative competence or the law is violative of the fundamental rights or of any other provisions of the Constitution, its resolution cannot, for the same reasons, be, left to the determination of the legislature. The Constitution has, therefore, created an independent machinery for resolving these disputes and this independent machinery is the judiciary which is vested with the power of judicial review to determine the legality of executive action and the validity of legislation passed by the legislature. It is the solemn duty of the judiciary under the Constitution to keep the different organs of the State such as the executive and the legislature within the limits of the power conferred upon them by the Constitution. This power of judicial review is conferred on the judiciary by Articles 32 and 226 of the Constitution. Speaking about draft Article 25, corresponding to present Article 32 of the Constitution, Dr. Ambedkar, the principal architect of our Constitution, said in the Constituent Assembly on 9th December, 1948:
“If I was asked to name any particular article in this Constitution as the most important – an article without which this Constitution would be a nullity – I could not refer to any other article except this one. It is the very soul of the Constitution and the very heart of it and I am glad that the House has realized its importance”. (CAD debates, Vol. VII, p, 953) It is a cardinal principle of our Constitution that no one howsoever highly placed and no authority however lofty can claim to be the sole judge of its power under the Constitution or whether its action is within the confines of such power laid down by the Constitution. The judiciary is the interpreter of the Constitution and to the judiciary is assigned the delicate task to determine what is the power conferred on each branch of Government, whether it is limited, and if so, what are the limits and whether any action of that branch transgresses such limits. It is for the judiciary to uphold the constitutional values and to enforce the constitutional limitations. That is the essence of the rule of law, which inter alia requires that “the exercise of powers by the Government whether it be the legislature or the executive or any other authority, be conditioned by the Constitution and the law”. The power of judicial review is an integral part of our constitutional system and without it, there will be no Government of laws and the rule of law would become a teasing illusion and a promise of unreality. I am of the view that if there is one feature of our Constitution which, more than any other, is basic and fundamental to the maintenance of democracy and the rule of law, it is the power of judicial review and it is unquestionably, to my mind, part of the basic structure of the Constitution. Of course, when I say this I should not be taken to suggest that however effective alternative institutional mechanisms or arrangements for judicial review cannot be made by Parliament. But what I wish to emphasise is that judicial review is a vital principle of our Constitution and it cannot be abrogated without affecting the basic structure of the Constitution. If by a Constitutional amendment, the power of judicial review is taken away and it is provided that the validity of any law made by the Legislature shall not be liable to be called in question on any ground, even if it is outside the legislative competence of the legislature or is violative of any fundamental rights, it would be nothing short of sub-version of the Constitution, for it would make a mockery of the distribution of legislative powers between the Union and the States and render the fundamental rights meaningless and futile. So also if a constitutional amendment is made which has the effect of taking away the power of judicial review and providing that no amendment made in the Constitution shall be liable to be questioned on any ground, even if such amendment is violative of the basic structure and, therefore, outside the amendatory power of Parliament, it would be making Parliament sole judge of the constitutional validity of what it has done and that would in effect and substance, nullify the limitation on the amending power of Parliament and affect the basic structure of the Constitution. The conclusion must therefore inevitably follow that clause (4) of Article 368 is unconstitutional and void as damaging the basic structure of the Constitution.
94. That takes us to clause (5) of Article 368. This clause opens with the words “For the removal of doubts” and proceeds to declare that there shall be no limitation whatever on the amending power of Parliament under Article 368. It is difficult to appreciate the meaning of the opening words “For the removal of doubts” because the majority decision in Kesavananda Bharati’s case (AIR 1973 SC 1461) clearly laid down and left no doubt that the basic structure of the Constitution was outside the competence of the mandatory power of Parliament and in Smt. Indira Gandhi’s .case (supra) all the Judges unanimously accepted theory of the basic structure as a theory by which the validity of the amendment impugned before them, namely, Article 329A(4) was to be judged. Therefore, after the decisions in Kesavananda Bharati’s case and Smt. Indira Gandhi’s case, there was no doubt at all that the amendatory power of Parliament was limited and it was not competent to Parliament to alter the basic structure of the Constitution and clause (5) could not remove the doubt which did not exist. What A clause (5) really sought to do was to remove the limitation on the amending power of Parliament and convert it from a limited power into an unlimited one.”
In A.K. Kaul v. Union of India (AIR 1995 SC 1403), justiciability of an action of an authority functioning under the Indian Constitution was discussed as under: –
“The extent of those limitations on the powers has to be determined on an interpretation of the relevant provisions of the Constitution. Since the task of interpreting the provisions of the Constitution is entrusted to the Judiciary, it is vested with the power to test the validity of an action of every authority functioning under the Constitution on the touchstone of the constitution in order to ensure that the authority exercising the power conferred by the Constitution does not transgress the limitations placed by the Constitutions on exercise of that power. This power of judicial review is, therefore, implicit in a written Constitution and unless expressly excluded by a provision of the Constitution, the power of judicial review is available in respect of exercise of powers under any of the provisions of the Constitution. Justiciability relates to a particular field falling within the purview of the power of judicial review. On account of want of judicially manageable standards, there, may be matters which are not susceptible to the judicial process. Such matters are regarded as non-justiciable. In other words, during the course of exercise of the power of judicial review it may be found that there are certain aspects of the exercise of that power which are not susceptible to judicial process on account of want of judicially manageable standards and are, therefore, not justiciable.”
168. In the case of Raja Ram Pal v. Speaker, Lok Sabha [(2007) 3 SCC 184] while dilating upon the role of the Supreme Court of India, it was held that it was the solemn duty of the Court to protect the fundamental rights guaranteed by the Constitution zealously and vigilantly. Relevant portion from the judgment is reproduced below: –
“651. We have a written Constitution which confers powers of judicial review on this Court and on all High Courts. In exercising power and discharging duty assigned by the Constitution, this Court has to play the role of a ‘sentinel on the qui vive’ and it is the solemn duty of this Court to protect the fundamental rights guaranteed by Part III of the Constitution zealously and vigilantly.
652. It may be stated that initially it was contended by the respondents-that this Court has no power to consider a complaint against any action taken by Parliament and no such complaint can ever be entertained by the Court. Mr. Gopal Subramaniam, appearing for the Attorney General, however, at a later stage conceded (and I may say, rightly) the jurisdiction of this Court to consider such complaint, but submitted that the Court must always keep in mind the fact that the power has been exercised by a coordinate organ of the State which has the jurisdiction to regulate its own proceedings within the four walls of the House. Unless, therefore, this Court is convinced that the action of the House is unconstitutional or wholly unlawful, it may not exercise its extraordinary jurisdiction by re-appreciating the evidence and material before Parliament and substitute its own conclusions for the conclusions arrived at by the House.
653. In my opinion, the submission is well-founded. This Court cannot be oblivious or unmindful of the fact that the Legislature is one of three organs of the State and is exercising powers under the same Constitution under which this Court is exercising the power of judicial review. It is, therefore, the duty of this Court to ensure that there is no abuse or misuse of power by the Legislature without overlooking another equally important consideration that the Court is not a superior organ or an appellate forum over the other constitutional functionary. This Court, therefore, should exercise its power of judicial review with utmost care, caution and circumspection.”
It was further held as under: –
“656. In this connection, I may only observe that in Searchlight [Pandit Sharma (1)] as well as in Keshav Singh, it has been observed that there is no doubt that Parliament/State Legislature has power to punish for contempt, which has been reiterated in other cases also, for instance, in State of Karnataka v. Union of India, (1977) 4 SCC 608, and in P. V. Narasimha Rao v. State,(1998) 4 SCC 626. But what has been held is that such decision of Parliament/State, Legislature is not ‘final and ‘conclusive’. This Court in all earlier cases held that in view of power of judicial review under Articles 32 and 226 of the Constitution, the Supreme Court and High Courts have jurisdiction to decide legality or otherwise of the action taken by State- authorities and that power cannot be taken away from judiciary. There lies the distinction between British Parliament and Indian Parliament. Since British Parliament is also ‘the High Court of Parliament’, the action taken or decision rendered by it is not open to challenge in any court of law. This, in my opinion, is based on the doctrine that there cannot be two parallel courts, i.e. Crown’s Court and also a Court of Parliament (‘the High Court of Parliament’) exercising judicial power in respect of one and the same jurisdiction. India is a democratic and republican. State having a written Constitution which is supreme and no organ of the State (Legislature, Executive or Judiciary) can claim sovereignty or supremacy over the other. Under the said Constitution, power of judicial review has been conferred on higher judiciary (Supreme Court and High Courts).”
In the case of I.R. Coelho v. State of Tamil Nadu (AIR 2007 SC 861), while referring to L. Chandra Kumar v. Union of India [(1997) 3 SCC 261] and S.R. Bommai v. Union of India [(1994) 3 SCC 1], it was held that the judicial review was a basic feature of the Constitution and that the power of judicial review was a constituent power which could not be abrogated by judicial process of interpretation. It was further held that it was a cardinal principle of the Constitution that no one could claim to be the sole judge of the ‘power given under the Constitution and that its actions were within the confines of the powers given by the Constitution.
169. On the above survey of the case-law, it is clear that the power of judicial review is a cardinal principle of the Constitution. The Judges, to keep the power of judicial review strictly judicial, in its exercise, do take care not to intrude upon the’ domain of the other branches of the Government. It is the duty of the judiciary to determine the legality of executive action and the validity of legislation passed by the Legislature. At this stage, reference may also be made to our own jurisdiction where a robust defence of judicial review has been expounded:–
Government of Balochistan through Additional Chief Secretary v. Azizullah Memon and 16 others (PLD 1993 SC 341 at p. 369)
“The Constitution provides for separation of Judiciary from the Executive. It aims at an independent Judiciary which is an important organ of the State within the Constitutional sphere.The Constitution provides for progressive separation of the Judiciary and had fixed a time limit for such separation. It expired in the year 1987 and from then onwards, irrespective of the fact whether steps have been taken or not, judiciary stands separated and does not and should not seek aid of executive authorities for its separation. Separation of judiciary is the cornerstone of independence of judiciary and unless judiciary is independent, the fundamental right of access to justice cannot be guaranteed. One of the modes for blocking the road of free access to justice is to appoint or’ hand over the adjudication of rights and trial of offence in the hands of the Executive Officers. This is merely a semblance of establishing Courts which are authorised to decide cases and adjudicate the rights, but in fact such Courts which are manned and run by executive authorities without being under the control and supervision of the judiciary can hardly meet the demands of Constitution. Considering from this point of view we find that the impugned Ordinance II of 1968 from the cognizance of the case till the revision is disposed of, the entire machinery is in the hands of the executive from Naib-Tehsildar to the official of the Government in the Ministry: Such a procedure can hardly be conducive to the administration of justice and development of the area nor will it achieve the desired result of bringing law and order, peace and tranquility or economic prosperity and well-being. The Constitution envisages independent Judiciary separate from the Executive. Thus any Tribunal created under the control and superintendence of the executive for adjudication of civil or criminal cases will be in complete conflict with Articles 175, 9 and 25.
“The lower judiciary is a part of the judicial hierarchy in Pakistan. Its separation and independence is to be equally secured and preserved as that of the superior judiciary. The lower judiciary is more dependent and prone to financial dependence and harassment at the hands of the executive. In practice and effect the separation of judiciary is the main problem of the lower judiciary which under several enactments and rules is practically, under the control and supervision of the executive. Articles 175 and 203 lay down that the judiciary including lower judiciary shall be separated from the executive and ‘High Court shall supervise and control all Courts subordinate to it’. Such control and supervision can be achieved only when the judiciary is administratively and financially separate from the executive. The next step should be taken to devise proper scheme and frame rules dealing with financial problems within the framework of the Constitution. So long financial independence is not achieved, it will be difficult to improve the working conditions, accommodation, building and expansion to meet the growing needs of the people.”
“Adverting to the above second peculiar feature that our country has Federal system of Government which is based on trichotomy of power, it may be observed that each organ, of the State is required to function/operate within the bounds specified in the Constitution though one can say that the Judiciary is the weakest limb as it does not have the resources or power which the Legislature or the Executive enjoy but it has been assigned very important and delicate role to play, namely, to ensure that none of the organs or the Government functionaries acts in violation of any provision of the Constitution or of any other law and because of the above nature of the work entrusted to the Judiciary, it was envisaged in the Constitution that the Judiciary shall be independent. I may reiterate that the independence of Judiciary is inextricably linked and connected with the Constitutional process of appointment of Judges of the superior Judiciary. The relevant Constitutional provisions are to be construed in a manner which would ensure the independence of Judiciary. At this juncture, it may be stated that a written Constitution, is an ‘organic document designed and intended to cater the need for all times to come. It is like a living tree, it grows and blossoms with the passage of time in order to keep pace with the growth of the country and its people; Thus, the approach, while interpreting a Constitutional provision should be dynamic, progressive and oriented with the desire to meet the situation, which has arisen, effectively. The interpretation cannot be a narrow and pedantic. But the Court’s efforts should be to construe the same broadly, so that ‘it may be able to meet the requirement of ever changing society. The general words cannot be construed in isolation but the same are to be construed in the context in which, they are employed. In other words, their colour and contents are derived from their context.
“24. The above principles will have to be kept in view while construing the, provisions of the Constitution relating to the appointments/transfers of Judges of the superior Judiciary.”The Constitution contemplates trichotomy of power inter se the pillars of the State, namely, Legislature, Executive and the Judiciary, each of the organs of the State has to function within the limits provided in Constitution. The Constitutional provisions relating to the appointments transfers of Judges of the superior Courts, therefore, need to be examined in light of the Islamic concept of justice. Islam had always attached unparalleled importance to the concept of justice.”
“(v) That the hallmark of our Constitution is that it envisages separation of the Judiciary from the Executive (which is founded on the Islamic Judicial System) in order to ensure independence of Judiciary and. therefore, any Court or Tribunal which is not subject to judicial review and administrative control of the High Court and/or the Supreme Court does not fit in within the judicial framework of the Constitution;
“(vi) That the right of ‘access to justice to all’ is a fundamental right, which right cannot be exercised in the absence of an independent Judiciary ‘providing impartial, fair ‘ and just adjudicatory framework i.e. judicial hierarchy. The Courts/Tribunals which are manned and run by Executive Authorities without being under the control and supervision of the High Court in terms of Article 203 of the Constitution can hardly meet the mandatory requirement of the Constitution;
“(vii) That the independence of judiciary is inextricably linked and connected with the process of appointment of Judges and the security of their tenure and other terms and conditions.”
“Now take up the main controversy arising in these petitions, whether setting up of Military Courts for trial of civilians for offences not connected with the Armed Forces, is constitutionally valid? As stated above, our Constitution is based on the theory of trichotomy of power which makes the three limbs of the State, the Legislature, the Executive and the Judiciary, independent of each other in their respective spheres. Chapter I of Part VII of the Constitution deals with the judicature. The judicature according to Article 175(1) of the Constitution, consists of the Supreme Court, a High Court for each Province and such other Courts as may be established by law. The Courts created under Article 175(1) (ibid) exercise such jurisdiction which is conferred on them either by the Constitution or by or under any law as provided in Article 175(2) ibid. The judicature stands separated from the executive as provided in Article 175(3) of the Constitution. Creation of Courts outside the control and supervision of Supreme Court or the High Courts, therefore, not only militates against the independence of Judiciary but it also negates the principle of trichotomy of power which is the basic feature of the Constitution.”
“It is also mentioned in the Objectives Resolution that principles of democracy, freedom, equality, tolerance and social justice as enunciated by Islam shall be enabled to order their lives in accordance with teachings and requirements of Islam as set out in the Holy Qur’an and Sunnah and independence of judiciary shall be fully secured. Objectives Resolution was even retained in the Interim Constitution of 1972 as Preamble.
“Independence of Judiciary is a basic principle of the Constitutional system of governance in Pakistan. The Constitution of Pakistan contains specific and categorical provisions for the independence of Judiciary. The Preamble and Article 2A state that “the independence of Judiciary shall be fully secured”; and with a view to achieve .this objective. Article 175 provides that “the Judiciary shall be separated progressively from the executive”.
“In a system of constitutional governance, guaranteeing Fundamental Rights, and based on principle of trichotomy of powers, such as ours, the Judiciary plays a crucial role of interpreting and applying the law and adjudicating upon disputes arising among governments or between State and citizens or citizens’ inter se. The Judiciary is entrusted with the responsibility for enforcement of Fundamental Rights. This calls for an independent and vigilant system of judicial administration so that all acts and actions leading to infringement of Fundamental Rights are nullified and the rule of law upheld in the society.
The Constitution makes it the exclusive power/responsibility of the Judiciary to ensure the sustenance of system of “separation of powers” based on checks and balances. This is a legal obligation assigned to the Judiciary. It is called upon to enforce the Constitution and safeguard the Fundamental Rights and freedom of individuals, To do so, the Judiciary has to be properly organized and effective and efficient enough to quickly address and resolve public claims and grievances; and also has to be strong and independent enough to dispense justice fairly and impartially. It is such an efficient and independent Judiciary which can foster an appropriate legal and judicial environment where there is peace and security in the society, ,safety of life, protection of property and guarantee of essential human rights and fundamental freedoms for all individuals and groups, irrespective of any distinction or discrimination on the basis of cast; creed, colour, culture, gender or place of origin, etc. It is indeed such a legal and judicial environment, which is conducive to economic growth and social development.”
170. The exercise of suo motu powers has been dwelt at length by the superior Courts of Pakistan in a large number of cases. Reference may usefully be made to the following cases: –
“It is necessary at this stage to clarify certain aspects of this case. It is indeed necessary because, this being the first case of its nature, the procedural and other elements thereof are likely in due course, to come under discussion.
(i) True, a telegram, it has never been earlier made the basis by the Supreme Court of Pakistan for action, as in this case; but, there is ample support in the Constitution for the same. Under Article 184(3) “Without prejudice to the provisions of Article 199, the Supreme Court shall, if it considers that a question of public importance with reference to the enforcement of any of the Fundamental Rights conferred by Chapter I of Part II is involved, have the power to make an order of the nature mentioned in the said Article.” The questions of procedural nature relating to the entertainment of proceedings and/or cognizance of a case under this provision, have been dealt with in the case of Miss Benazir Bhutto (PLD 1988 SC 416). The acceptance of a telegram in this case is covered by the said authority as also by the due extension of the principles laid therein. Such extension/s would depend upon the fact and circumstances of each case and nature of public interest involved and importance thereof. The element of “public importance” in this case now stands demonstrated by the resume (a part only) of the proceedings, given earlier.
It needs to be mentioned that in our Supreme Court, though letters and telegrams are sent to individual Judges, but it is not considered as an appropriate and proper method of initiating proceedings. Some times it leads to embarrassment. Accordingly such an information has to go to the Hon’ble Chief Justice for initiating proceedings. In this case the telegram was addressed directly to him and he marked it to me. As to what other form/s of taking cognizance of a matter under Article 184 (3) are possible, will depend upon the nature and importance thereof.
(ii) The “nature” of the orders which can be passed in such cases is also indicated in Article 184 (3); that is: such as can be passed under Article 199. Even if for the time being it be assumed that the “nature” of the order is confined only to the Orders under sub-clause (c) of Article 199(1) and not to the other Orders under “Article 199”, it would be seen that any conceivable just and proper order can be passed in a case like the present one. The principle of extension involved in the relevant phrase used in Art. 199(1)(c): “an order giving such directions to any person or authority ——– as may be appropriate for the enforcement of the Fundamental Rights cannot be abridged or curtailed by the law. As to how far it can be extended, will depend upon each case. It is so also because of the other provisions of the Constitution, the rules of this Court and the principles and Rules comprising the Constitutional set up of Pakistan. For instance, “according to Article 187 (1) this Court some times has to satisfy the dictates of “Complete Justice”. What goes with it, is the subject or ample authority as well as of future application in given cases. When this power is exercised the Court will have the necessary additional power to “issue such directions, orders or decrees as may be necessary.” Besides the binding effect of the judgment/order of this Court on all other “Courts” when it “decides” a question of law or it is based upon or enunciates a principle of law under Article 189; another provision Art. 190, gives a similar command to all executive and judicial “authorities” throughout Pakistan”: This is, so as to act “in aid of Supreme Court”. When Art. 199(1) (c) is read together with Articles, 187, 189 and 190, as stated above, it becomes clear that in a fit case of enforcement of Fundamental Rights, the Supreme Court has jurisdiction, power and competence to pass all proper/ necessary orders as the facts justify.
(iii) The question as to whether this is a case of enforcement of Fundamental Right/s has not been raised. Everybody accepted that it is so. The provisions of Article 9 relating to security of person; Article 11 in so far as it relates to forced labour, traffic in human beings and child labour; Article 14 relating to dignity of man; Article 15 ensuring freedom of movement; Article 19 relating to freedom of trade, business or profession; and Article 25 relating td equality, particularly in the protection of law and bar against discrimination on the basis of sex, as also the safeguards for women and children, amongst others, are applicable to the various aspects of the matter. However, it is a different matter that some Fundamental Rights are more directly attracted than the others and some elements involved in any one of them are relevant while the others are meant for other situations. In view of lack of contest on this issue it is not necessary to go into a detailed discussion in this behalf. It is, however, remarked that for purposes of convenience of all concerned, it might be necessary to define the expression “forced labour with illustrations of its different forms”; in such a manner, so as to minimize any confusion about its real purport as also the resultant unproductive litigation. For the same purpose the other important elements in these Fundamental Rights may be collected together and put in a self-contained Code. It might cover all aspects of human dignity, deprivations and misery, including those rights in this behalf which are ensured, in addition, as basic human rights in Islam. This Court has in the Shariat jurisdiction dealt with some of them. There is no bar in the Constitution to the inclusion in such law of these rights, in addition to the Fundamental Rights contained in Chapter I Part II thereof. This comprehensive law should deal with the compulsory education of the classes concerned for making them aware of their rights; the detection of the infringement thereof as the duty of the State; and providing remedial mechanism also at the instance of the State whenever the will to assert or exercise them is lacking on the part of a citizen. These aspects of the enforcement of Fundamental Rights guaranteed by the Constitution and other basic human rights ensured by Islam can, by law be made also into an independent inalienable right, with self-operating mechanism for enforcement as well.
Muhammad Nawaz Sharif v. President of Pakistan (PLD 1993 Supreme Court 473 at page 805)
“First, we may understand the nature of Article 184(3). This provision confers power on the Supreme Court to consider questions of public importance which are referable to the enforcement of any Fundamental Rights guaranteed by the Constitution and enumerated in Chapter 1 of Part II. This power is without prejudice to the provisions of Article 199 which confer similar power with certain restrictions on the High Court. The power conferred depends upon two questions; one, that the case sought to be heard involves question of public importance and two, the question of public importance relates to the enforcement of Fundamental Rights. It is not every question of public importance which can be entertained by this Court, but such question should relate to the enforcement of Fundamental Rights. This provision confers a further safety and security to the Fundamental Rights conferred and guaranteed by the Constitution. This shows the importance which Fundamental Rights have in the scheme of the Constitution. They cannot be curtailed or abridged and any provision of law or action taken which violates Fundamental Rights conferred by the Constitution shall be void. The nature of jurisdiction and the relief which can be granted under this Article is much wider than Article 199. It confers a power to make an order of the nature mentioned in Article 199. The word ‘nature’ is not restrictive in meaning but extends the jurisdiction to pass an order which may not be strictly in conformity with Article 199 but it may have the same colour and the same scheme without any restrictions imposed under it. Article 184 is an effective weapon provided to secure and guarantee the Fundamental Rights. It can be exercised where the Fundamental Right exists and a breach has been committed or is threatened. The attributes of Article 199 of being an aggrieved person or of having an alternate remedy and depending upon the facts and circumstances even laches cannot restrain the power or non-suit a petitioner from filing a petition under Article 184 and seeking relief under it. The relief being in the nature mentioned in Article 199 can be modified and also consequential reliefs can be granted which may ensure effective protection and implementation of the Fundamental Rights. Even disputed questions of facts which do not require voluminous evidence can be looked into where Fundamental Right has been breached. However, in case where intricate disputed questions of facts involving voluminous evidence are involved the Court will desist from entering into such controversies. Primarily, the questions involved are decided on admitted or prima facie established facts which can be determined by filing affidavits evidence in support of allegations can be taken orally in very exceptional cases where the breach is of a very serious nature affecting large section of the country and is of great general importance.
“The learned counsel for the respondent has raised the objection that the facts of the case do not justify intervention under Article 184 of the Constitution. The main thrust was that the grid station and the transmission line are being constructed after a proper study of the problem taking into consideration the risk factors, the economic factors and also necessity and requirement in a particular area. It is after due- consideration that planning is made and is being executed according to rules. After taking such steps possibility of health hazards is ruled out and there is no question of affecting property and health of a number of citizens nor any Fundamental Right is violated which may warrant interference under Article 184. So far the first part of the contention regarding health hazards is concerned, sufficient discussion has been made in the earlier part of the judgment and need not be repeated. So far the Fundamental Rights are concerned, one has not to go too far to find the reply. Article 9 of the Constitution provides that no person shall be deprived of life or liberty save in accordance with law. The word ‘life’ is very significant as it covers all facets of human existence. The word ‘life’ has not been defined in the Constitution but it does not mean nor can it be restricted only to the vegetative or animal life or mere existence from conception to death. Life includes all such amenities and facilities which a person born in a free country, is entitled to enjoy with dignity, legally and. constitutionally. For the purposes of present controversy suffice to say that a person is entitled to protection of law from being exposed to hazards of electromagnetic fields or any other such hazards which may be due to installation and construction of any grid station, any factory, power station or such like installations. Under the common law a person whose right of easement, property or health is adversely affected by any act of omission or commission of a third person in the neighbourhood or at a far off place, he is entitled to seek an injunction and also claim damages, but the Constitutional rights are higher than the legal rights conferred by law, be it municipal law or the common law. Such a danger as depicted, the possibility of which cannot be excluded, is bound to affect a large number of people who may suffer from it unknowingly because of lack of awareness, information and education and also because such sufferance is silent and fatal and most of the people who would be residing near, under or at a dangerous distance of the grid station or such installation do not know that they are facing any risk or are likely to suffer by such risk. Therefore, Article 184 can be invoked because a large number of citizens throughout the country cannot make such representation and may not like to make it due to ignorance, poverty and disability. Only some conscientious citizens aware of their rights and the possibility of danger come forward and this has happened so in the present case.
13. According to Oxford dictionary, ‘life’ meant state of all functional activity and continual change peculiar to organised matter and specially to the portion of it constituting an animal or plant before death and animate existence.”
In Black’s Law Dictionary, ‘life’ means “that state of animals, humans, and plants or of an organised being in which its natural functions and motions are performed, or in which its organs are capable of performing their functions. The interval between birth and death, the sum of the forces by which death is resisted, “life” protected by the Federal Constitution includes all personal rights and their enjoyment of the faculties, acquiring useful knowledge, the right to marry, establish a home and bring up children, freedom of worship, conscience; contract, occupation, speech, assembly and press”.
The Constitutional Law in America provides an extensive and wide meaning to the word ‘life’ which includes all such rights which are necessary and essential for leading a free, proper, comfortable and clean life. The requirement of acquiring knowledge to establish home, the freedoms as contemplated by the Constitution, the personal rights and their enjoyment are nothing but part of life. A person is entitled to enjoy his personal rights and to be protected from encroachments on such personal rights, freedom and liberties. Any action taken which may create hazards of life will be encroaching upon the personal rights of a citizen to enjoy the life according to law. In the present case this is the complaint the petitioners have made. In our view the word `life’ constitutionally is so wide that the danger and encroachment complained of would impinge Fundamental Right of a citizen. In this view of the matter the petition is maintainable. Dr. Pervez Hasan, learned counsel has referred to various judgments of the Indian Supreme Court in which the term ‘life’ has been explained with reference to public interest litigation. In Kharak Singh v. State of UP (AIR 1963 SC 129) for interpreting the word ‘life’ used in Article 21 of the Indian Constitution, reliance was placed on the judgment of Field, J. in Munn v. Illinois (1876) 94 US 113 at page 142 where it was observed that ‘life’ means not merely the right to the continuance of a person’s animal existence but a right to the possession of each of his organs –his arms and legs etc.” In Francis Corgi v. Union Territory of Delhi (AIR 1981 SC 746) Bhagvati, J. observed that right to life includes right to live with human dignity and all that goes along with it, namely, the bare necessaries of ‘life such as adequate nutrition, clothing and shelter and facilities for reading and writing in diverse form”. Same view has been expressed in Olga Tellis and others v. Bombay Municipal Corporation (AIR 1986 SC 180) and State of Himachal Pradesh and another v. Umed Ram Sharma and others (AIR 1986 SC 847). In the first case right to life under the Constitution was held to mean right to livelihood. In the latter case the definition has been extended to include the “quality of life’ and not mere physical existence. It was observed that “for residents of hilly areas, access to road is access to life itself. Thus, apart from the wide meaning given by US Courts, the Indian Supreme Court seems to give a wider meaning which includes the quality of life, adequate nutrition, clothing and shelter and cannot be restricted merely to physical existence. The word ‘life’ in the Constitution has not been used in a limited manner. A. wide meaning should be given to enable a man not only to sustain life but to enjoy it. Under our Constitution, Article 14 provides that the dignity of man and subject to law the privacy of home shall be inviolable. The fundamental right to preserve and protect the dignity of man under Article 14 is unparalleled and could be found only in few Constitutions of the world. The Constitution guarantees dignity of man and also right to ‘life’ under Article 9 and if both are read together, question will arise whether a person can be said to have dignity of man if his right to life is below bare necessity like without proper food, clothing, shelter, education, health care, clean atmosphere and unpolluted environment. Such questions will arise for consideration which can be dilated upon in more detail in a proper proceeding involving such specific questions. Dr. Pervaz Hasan has also referred to several judgments of the Indian Supreme Court in which issues relating to environment and ecological balance were raised and relief was granted as the industrial activity causing pollution had degraded the quality of life. In Rural Litigation and Entitlement Kendra and others v. State of UP and others (AIR 1985 SC 652) mining operation carried out through blasting was stopped and directions were issued to regulate it. The same case came up for further consideration and concern was shown for the preservation and protection of environment and ecology. However, considering the defence need and for earning foreign exchange some queries were allowed to be operated in a limited manner subject to strict control and regulations. These judgments are reported in AIR 1987 SC 359 and 2426 and AIR 1988 SC 2187 and AIR 1989 Sc 594. In Shri Sachidanand Pandey and another v. The State of West Bengal and others (AIR 1987 SC 1109) part of land of zoological garden was given to Taj Group of Hotels to build a fivestar hotel. This transaction was challenged in the High Court without success. The appeal was dismissed. Taking note of the fact that society’s interaction with nature is so extensive that “environmental question has assumed proportion affecting all humanity”, it was observed that: —
“Obviously, if the Government is alive to the various considerations requiring thought and deliberation and has arrived at a conscious decision after taking them into account, it may not be for this Court to interfere in the absence of mala fides. On the other hand, if relevant considerations are not borne in mind and irrelevant, considerations influence the decision, the Court may interfere in order to prevent a likelihood of prejudice to the public.”
In M.C. Mehta v. Union of India (AIR 1988 SC 1115) and M.C. Mehta v. Union of India (AIR 1988 SC 1037) the Court on petition filed by a citizen taking note of the fact that the municipal sewage and industrial effluents from tanneries were being thrown in River Ganges whereby it was completely polluted, the tanneries were closed down. These judgments go a long way to show that in cases where life of citizens is degraded, the quality of life, is adversely affected and health hazards are created affecting a large number of people, the Court in exercise of its jurisdiction under Article 184(3) of the Constitution may grant relief to the “extent of stopping the functioning of factories which create pollution and environmental degradation. Employees of the Pak. Law Commission v. Ministry of Works(1994 SCMR 1548 at page 1551)”Before dealing with the merits of the case, it seems necessary to first dispose of the preliminary objection raised by the learned Standing Counsel. The learned counsel for the respondents contended that the Court has no jurisdiction to grant the relief under Article 184(3) of the Constitution and the present case is not covered by the said provision. The scope and object of Article 184(3) has been comprehensively discussed in several judgments of this Court including Ms. Benazir Bhutto’s case (PLD 1988 SC 416) and Mian Muhammad Nawaz Sharif’s case (PLD 1993 SC 473). It is now well-settled that if there is violation of Fundamental Rights of a class of persons who collectively suffer due to such breach and there does not seem to be any possible relief being granted from any quarter due to their inability to seek or obtain relief, they are entitled to file petition under Article 184(3). The dispute should not be mere an individual grievance, but a collective grievance which raises questions of general public importance. In Benazir Bhutto’s case it was observed as, follows:–
“The plain language of Article 184(3) shows that it is open-ended. The Article does not say as to who shall have the right to move the Supreme Court nor does it say by what proceedings the Supreme Court may be so moved or whether it is confined to the enforcement of the Fundamental Rights of an individual which are infracted or extends to the enforcement of the rights of a group or a class of persons whose rights are violated.”
It was further observed that “the inquiry into law and life cannot, in my view, be confined to the harrow limits of the rule of law in the context of constitutionalism which makes a greater demand on judicial functions. Therefore, while construing Article 184(3), the interpretative approach should not be ceremonious observance of the rules or usages of interpretation, but regard should be had to the object and the purpose for which this Article is enacted, that is, this interpretative approach must receive inspiration from the triad of provisions which saturate and invigorate the entire Constitution, namely the Objectives Resolution (Article 2A), the Fundamental Rights and the directive principles of State Policy so as to achieve democracy, tolerance, equality and social justice according to Islam”. While further dilating upon the provisions of the Constitution, particularly Articles 3, 37 and 38 of the Constitution, which enshrine socioeconomic principles, it was observed that “these provisions become in an indirect sense enforceable by law and ” thus, bring about a phenomenal change in the idea of co-relation of Fundamental Rights and directive principles of State Policy”. In this background it was observed as follows: —
“The liberties, in this context, if purposefully defined will serve to guarantee genuine freedom; freedom not only from arbitrary restraint of authority, but also freedom from want, from poverty and destitution and from ignorance and illiteracy. That this was the purport of the role of the rule of law which was affirmed at Lagos in 1961 in the World Peace Through Law Conference:
`Adequate levels of living are essential ‘for full enjoyment of individual’s freedom and rights. What is the use of freedom of speech to under-nourished people or of the freedom of press to an illiterate population? The rule of law must make for the establishing of social, economic and cultural conditions which promote men to live in dignity and to live with aspirations’. “
“The Court will be in a position, if the procedure is flexible, to extend the benefits of socio-economic change through this medium of interpretation to all sections of the citizens.
“This approach is in tune with the era of progress and is meant to establish that the Constitution is not merely an imprisonment of the past, but is also alive to the unfolding of the future. It would thus, be futile to insist on ceremonious interpretative approach to Constitutional interpretations as hitherto undertaken which only served to limit the controversies between the State and the individual without extending the benefits of the liberties and the Principles of Policy to all the segments of the population.
“It is thus clear that Article 9 of the Constitution which guarantees life and liberty according to law is not to be construed in a restricted and pedantic manner. Life has a larger concept which includes the right of enjoyment of life, maintaining adequate level of living for full enjoyment of freedom and rights. In this background the petitioners’ claim to be provided accommodation during tenure of service, which is necessary for maintaining adequate level of living, in our opinion, is covered by Article 9. It is true that the terms and conditions of service perhaps do not require the respondents to provide residential accommodation to the petitioners, but if other Government servants similarly placed are being provided accommodation there is no reason to deprive the petitioners from such relief. In this view of the matter petition under Article 184(3) is competent.”
“It is well-settled that in human rights cases/public interest litigation under Article 184(3), the procedural trappings and restrictions, precondition of being an aggrieved person and other similar technical objections cannot bar the jurisdiction of the Court. This Court has vast power under Article 184(3) to investigate into questions of fact as well independently by recording evidence, appointing commission or any other reasonable and legal manner to ascertain the correct position. Article 184(3) provides that this Court has the power to make order of the nature mentioned in Article 199. This is a guideline for exercise of jurisdiction under this provision without restrictions and restraints imposed on the High Court. The fact that the order or direction should he in the nature mentioned in Article 199, enlarges the scope of granting relief which may not be exactly as provided under Article 199, but may be similar to it or in the same nature and the relief so granted by this Court can be moulded according to the facts and circumstances of each case.”
“It is obvious from the language of Article 184(3) that it provides a direct access to the highest judicial forum in the country for the enforcement of Fundamental Rights. It caters for an expeditious and inexpensive remedy for the protection of the Fundamental Rights from Legislative and Executive interference. It gives the Court very wide discretion in the matter of providing an appropriate order or direction including declaratory order to suit the exigencies of particular situation. There can be no dour that declaration of Fundamental Rights is meaningless unless there is an effective machinery for the enforcement of the rights. It is the ‘remedy’ that makes the right real. It is often said that without ‘remedy’ there is no right. It is for this reason that Constitution makers provided a long list of Fundamental Rights and the machinery for their enforcement. That machinery is the Superior Courts, namely, the High Courts so far as the Provincial territory is concerned, and the Supreme Court at the apex having jurisdiction over the entire length and breadth of Pakistan.
Masroor Ahsan v. Ardeshir Cowasjee (PLD 1998 SC 823 at page 1005)
“It will not be out of context at this stage to observe that our country has a Federal System of Government which is based on trichotomy of power, each organ of the State is required to function/operate within the bounds specified in the Constitution. Though one can say that Judiciary is the weakest limb as it does not have the resources or powers which the Legislature or the Executive enjoy, but it has been assigned very important and delicate role to play, namely, to ensure that none of the organs or the Government functionaries acts in violation of any provision of the Constitution or any other law and because of the above nature of work entrusted to the Judiciary, the framers of the Constitution envisaged an independent Judiciary. However, I may add that the Judiciary is also constitutionally obliged to act within the limits of its jurisdiction as delineated by the Constitution inter alia in Article 175 thereof. Clause (2) of the above Article provides that no Court shall have any jurisdiction save as is or may be conferred on it by the Constitution or by under any law. In this view of the matter, the relevant Constitutional provisions .are to be construed in a manner that neither the Judiciary nor the Legislature transgresses its own limit and an equilibrium is to be maintained inter se between the three organs of the State. However, at the same time, it should not be overlooked that our Constitution has enshrined and emphasised independence of Judiciary and, therefore, the relevant provisions are to be construed in a manner which would ensure the independence of Judiciary. We have a written Constitution, which is an organic document designed and intended to cater to the needs for all times to come. It is like a living tree; it grows and blossoms with the passage of time in order to keep pace with the growth of the country and its people. Thus the approach while interpreting a Constitutional provision should be dynamic, progressive and oriented with the desire to meet the situation, which has arisen effectively. The interpretation cannot be narrow and pedantic but the Courts’ efforts should be to construe the same broadly, so that it may be able to meet the requirements of an ever changing society. The general words cannot be construed in isolation but the same are to be construed in the context in which they are employed. In other words, their colour and contents are derived from the context.”
“19. Syed Sharif-ud-Din Pirzada learned counsel for the Privatization Commission contended that to invoke jurisdiction of this Court under Article 184(3) of the Constitution, two conditions are required to be fulfilled namely infringement of the Fundamental Rights and absence of alternate remedy. In the case in hand no fundamental right has been infringed and under the scheme of Privatization Commission Ordinance No. LII, 2000 (hereinafter referred to as “Ordinance”), two alternate remedies are available in terms of section 27 and section 28 of the Ordinance. According to learned counsel the judgment relied upon by the petitioner in S.P. Gupta’s case ibid, in the circumstances of the instant case is not applicable because thereafter the Indian Supreme Court in the case of BALCO Employees Union (Regd.) v. Union of India (AIR 2002 SC 350) has explained the scope of the public interest litigation.
“20. Learned Attorney General, however, at the outset contended that after hearing the case at length by this Larger Bench for a long period, it will not be fair on his part to say that, “no point of public importance is involved in this case”, therefore, he will not be questioning locus standi of the petitioners particularly in view of the judgments in the cases of Multiline Associates and Ardeshir Cowasjee ibid.
“21. This Court in the referred cases and the Indian Supreme Court in the case of S.P. Gupta ibid have laid down a rule namely that any member of the public having sufficient interest can maintain an action for judicial redress of public injury arising from breach of the public duty or from violation of some provision of the Constitution or the law and for enforcement of such public duty and observance of such Constitutional provision.
“In the case of Benazir Bhutto ibid, it was held that only when the element of public importance is involved, the Supreme Court can exercise its power to issue the writ while sub Article 1(c) of Article 199 of the Constitution has a wider scope as there is no such limitation therein.
“In Al-Jehad Trust ibid, it has been held that, “question of locus standi is relevant in a High Court but not in the Supreme Court when the jurisdiction is invoked under Article 184(3) of the Constitution.
“In Malik Asad Ali ibid it was observed that under Article 184(3) of the Constitution, this Court is entitled to take cognizance of any matter which involves a question of public importance with reference to the enforcement of any of the fundamental rights conferred by Chapter I Part II of the Constitution even suo motu, without having any formal petition.
“In Multiline Associates ibid this Court held that requirement of the locus standi in the case of pro bono publico (public’ interest litigation is not so rigid) has extended scope. This principle has been reiterated in Wukala Mahaz Barai Tahafuz Dastoor v. Federation of Pakistan (PLD 1998 SC 1263).”
At page 739, it is further held –
“Thus it is held that in exercise of the power of judicial review, the courts normally will not interfere in pure’ policy matters (unless the policy itself is shown to be against Constitution and the law) nor impose its own opinion in the matter. However, action taken can always be examined on the well established principles of judicial review.”
171. It is clear from the above survey of the case law that it is a fundamental principle of our jurisprudence that Courts must always endeavour to exercise their jurisdiction so that the rights of the people are guarded against arbitrary violations by the executive. This expansion of jurisdiction is for securing and safeguarding the rights of the people against the violations of the law by the executive and not for personal aggrandizement of the courts and Judges. It is to this end that the power of judicial review was being exercised by the judiciary before 3rd November, 2007. Indeed the power of judicial review was, and would continue to be, exercised with strict adherence governing such exercise of power, remaining within the sphere allotted to the judiciary by the Constitution.
172. Though the exercise of suo motu powers and alleged consequential erosion of trichotomy of powers enshrined in the Constitution was madea ground for imposing the unconstitutional and illegal Proclamation of Emergency, which was upheld in Tikka Iqbal Muhammad Khan’s case, not a single case taken up suo motu was referred to, or discussed in the detailed reasons of the said decision – except a bald reference in Para 2(ii) of the short order – to point to any undue interference in the functioning of the other branches of the government. In any event, it was open to the Federation in all such cases to have availed the remedy provided under the Constitution and the law against the judgments of the Supreme Court. But, no such step was ever taken in any case whatsoever. Surprisingly, Abdul Hameed Dogar, J, and others held in Tikka Iqbal Muhammad Khan’s case that the suo motu actions were destructive of the constitutional principle of trichotomy of power, but he himself continued to take similar actions from time to time, which fact was established from the record of the Supreme Court after 3rd November, 2007. It was a contradiction in terms.”
24. First of all we intend to deal with the prime contention of Mr. Wasim Sajjad, learned Senior Advocate Supreme Court that in view of the provisions as enumerated in Article 188 of the Constitution and Order XXVI of the Supreme Court Rules these C.M.As. are maintainable and the applicants cannot be knocked out on sheer technicalities which has always been considered undesirable. Article 188 of the Constitution is reproduced herein below for ready reference:–
“188. Review of judgments or orders by the Supreme Court.–The Supreme Court shall have power, subject to the provisions of any Act of (Majlis-e-Shoora (Parliament)] and of any rules made by the Supreme Court, to review any judgment pronounced or any order made by it”.
25. A bare perusal would reveal that it has been couched in a very simple and plain language hardly necessitating any scholarly interpretation. It, inter alia, provides that the Supreme Court has power to review its judgment or order subject to the provisions of any Act of Parliament and any rule made by the Supreme Court itself. (The contention whether Supreme Court Rules, 1980 are subservient to the Constitution have been discussed in later part of this judgment) It is to be noted that no Act of Parliament whatsoever has been promulgated and thus it can reasonably be inferred that legislature does not want to restrict or impose any condition on the powers conferred upon this Court under Article 188 of the Constitution. In fact the words “subject to the provisions of any Act of (Majlis-e-Shoora/Parliament) and of any rules made by the Supreme Court” are indicative of the fact that indirectly the powers so conferred have been enhanced and there was absolutely no intention for curtailment of such powers conferred upon this Court under Article 188 of the Constitution. The point under discussion has been examined by this Court in case titled Evacuee Trust Property Board v. Hameed Elahi (PLD 1981 SC 108) with the following observations:-
“6. Nothing in these Rules shall be deemed to limit or otherwise affect the inherent powers of the Court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court. Now, as we observed, “a litigant should not suffer on account of the mistakes or errors of the Court, and the corollary of this principle is that the Court should have the inherent power to correct its errors. The said rule only clarifies in terms that this Court has the inherent power to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court.” There is no ambiguity about these words, and if the respondent’s plea be true, he has brought his case within the meaning of the said rule. Additionally, the said rule was not framed for first time by this Court. It is almost verbatim reproduction of section 151 of the Civil Procedure Code and of section 561-A of the Criminal Procedure Code, and these two sections (which in turn are in pari materia with each other) have been part of our procedural laws for generations, so that there is no ambiguity about of our procedural laws for generations, so that there is no ambiguity about them, because they have been repeatedly construed by the superior Courts. Thus, for example, taking first, section 151 of the Civil Procedure Code, the Indian Supreme Court held in Keshardeo Chamaria v. Radha Kissen Chamaria and others (AIR 1953 SC 23) that a Court could in the exercise of its powers under section 151 re-call an order passed by it without notice to the parties concerned. Next, as to section 561-A of the Criminal Procedure Code this Court held in Gulzar Hassan Shah v. Ghulam Murtaza and 4 others (PLD 1970 SC 335) that a Court was competent under section 561-A to re-call an order passed by it without notice to the parties concerned. However, as this judgment was pronounced long after the rules of this Court had been framed in 1956, the case-law on section 561-A before 1950 would be more relevant. We say 1950 and not 1956, because the said rule was originally enacted as rule 6 of Order LIII of the Federal Court Rules of 1950. And on the repeal of those rules of 1956, the same provision was reenacted in the present rules as the said rule.”
26. We are conscious of the fact the principles of C.P.C. also need to be examined and thus the provisions as enumerated in Order XLVII, Rule 1 of C.P.C. would require consideration qua its application which is reproduced herein below for ready reference:–
“1. Application for review of judgment.–(1) Any person considering himself aggrieved
(a) by a decree or order from which an appeal is allowed, but from which no appeal has been preferred,
(b) by a decree or order from which no appeal is allowed, or
(c) by a decision on a reference from a Court of Small Causes,and who, from the discovery of new and important matter or evidence which, after the exercise of due diligence, was not within his knowledge or could not be produced by him at the time when the decree was passed or order made, or on account of some mistake or error apparent on the face of the record, or for any other sufficient reason, desires to obtain a review of the decree passed or order made against him, may apply for a review of judgment to the Court which passed the decree or made the order.
(2) A party who is not appealing from a decree or order may apply for a review of judgment notwithstanding the pendency of an appeal by some other party except where the ground of such appeal is common to the applicant and the appellant, or when, being respondent, he can present to the Appellate Court the case on which he applies for the review.”
27. A bare perusal would reveal that the salient features of Order XLVII, C.P.C. are as under :–
(i) discovery of new and important matter or evidence which after the exercise of due diligence, was not within his knowledge or could not be produced by the petitioner at the time when the decree was passed or order made; or
(ii) on account of some mistake or error apparent on the face of the record; or
28. We have examined the salient features and grounds as enumerated in Order XLVII, Rule 1. C.P.C. and we are of the view in so far as these C.M.As. are concerned that neither there is discovery of new important fact nor some mistake or error has been pointed out and besides that no sufficient reasoning has been advanced on the basis whereof the principle as enunciated in Order XLVII, Rule 1, C.P.C. can be made applicable. It may not be out of place to mention here that “sufficient cause” is not susceptible of an exact definition and no hard and fast rule can be laid down to cover all possible cases. Each case must be judged upon its merits and its peculiar circumstances. The words “sufficient cause” mentioned in O. XLVII, R.1 of the Code do not mean any and every cause but it means any reason sufficient on ground at least analogous to those stated in the rule. The view that the “sufficient grounds” need not necessarily be construed ejusdem generis with the words preceding cannot be accepted as laying down the correct law.” Suruj Mian v. Asst. Manager, Govt. Acquired Estate (PLD 1960 Dacca 1045). None of the grounds urged by the petitioners attracted the provisions as enumerated in Order XLVII, C.P.C. and thus C.M.As cannot be declared competent. A similar proposition was examined in Yusuf Ali v. State (PLD 1971 SC 508) with the following observations:–
“The right of review granted by Article 62 of the Constitution of 1962 is subject not only to the provisions of any Act of the Central Legislature but also to the provisions of any rules made by the Supreme Court and the Rules of the Court specifically provide by Order XXVI that “subject to the law and practice of the Court, the Court may review its judgment or order in a civil proceeding on grounds similar to those mentioned in Order XLVII, rule 1 of the Code and in a criminal proceeding on the ground of an error apparent on the face of the record”. Where none of the grounds urged by the petitioner come within the ambit of this rule no valid ground could be said to have been made out for the review of the judgment.” (Emphasis provided)
29. It may be mentioned that the words “any other sufficient reasons” used in Order XLVII, Rule (1)(c), C.P.C. means a reason sufficient on grounds at least analogous to those mentioned in a categoric manner in clauses (a),. (b), and (c) of Rule 1 of Order XLVII, C.P.C. “A review, as has been pointed out by this Court in the case of Lt. Col. Nawabzada Mohammad Amir Khan v. The Controller of Estate Duty Government of Pakistan, Karachi and another (PLD 1962 SC 335) is by its very nature not an appeal or a rehearing merely on the ground that one party or another conceives himself to be dissatisfied with the decision of this Court. It can only be granted for some sufficient cause akin to those mentioned in Order XLVII, rule 1 of the Code of Civil Procedure the provisions whereof incorporate the principles upon which a review can be granted.” In this regard we are fortified by the dictum laid down in the following authorities:
(i) Chhaju v. Neki (AIR 1922 PC 112),
30. In our view decision once given cannot be reviewed subject to certain legal exceptions pursuant to the provisions as enumerated in Order XLVII, Rule 1, C.P.C., scope whereof can neither be enlarged nor it can be farfetched in such a manner as argued by the learned Advocate Supreme Courts for the petitioners in view of the language as employed in Order XLVII, Rule 1, C.P.C. its application would be only up to that limited extent and it cannot be unlimited. As mentioned above, the powers of review are not wide but definite and limited in nature. “It has to be confined to the four corners of the relevant rules or the phrase or for any other sufficient reason even the review jurisdiction as visualized must be traced to Order XLVII which contains the prescribed conditions and limitations in terms of the requirement of the section and more so power to review is not an inherent power. On a proper consideration it will be found that the principles underlying the limitations mentioned in Order XLVII, rule 1, Civil Procedure Code, are implicit in the nature of review jurisdiction and cannot be equated to that of a technical obstruction.” In this regard the case law as enunciated in the following cases can be referred:–
31. Mr. Justice Pir Hamid (as he then was) while discussing the provisions as enumerated in Order XLVII; Rule 1; C.P.C. has opined that “I for my part would be inclined to hold that a review is by its very nature not an appeal or a rehearing merely on the ground that one party or another conceives himself to be dissatisfied with the decision of this Court, but that it should only be granted for some sufficient cause akin to those mentioned in Order XLVII, rule 1 of the Code of Civil Procedure, the provisions whereof incorporate the principles upon which a review was usually granted by Courts of law in England. The indulgence by way review may no doubt be granted to prevent remediable injustice being done by a court of last resort as where by some inadvertence an important statutory provision has escape notice which, if it had been noticed, might materially have affected the judgment of the Court but in no case should a rehearing be allowed upon merits.” (Emphasis provided). (Muhammad Amir Khan v. Controller of Estate Duty PLD 1962 SC 335, Young v. Bristol Aeroplane Company Limited (1944) 1 K B 718, Gower v. Gower (1950) 1 A E R 804 distinguished).
32. Mr. Justice Ghulam Mujaddid Mirza (as he then was) has also examined the provisions as enumerated in section 114, C.P.C. and Order XLVII, Rule 1, C.P.C. in the light of dictum laid down in H. M. Saya & Co. Karachi v. Wazir Ali Industries Ltd. Karachi and another (PLD 1969 SC 65) as under:–
“2. I called upon Mr. K. H. Khurshid, learned counsel for the petitioners to first convince me as to how this petition was competent when the petitioners were not a party to the writ proceedings. Learned counsel submitted that as the petitioners had been adversely affected by the order of this Court dated the 5th of December 1973, they are, therefore, aggrieved persons and hence have a locus standi to file this petition in the present form. Learned counsel relied on PLD 1971 SC 130, in order to prove that the petitioners were aggrieved persons but in my view this authority would not be of much help to him because in this case the question examined was as to who would be the person aggrieved within the ambit of Article 98 of the late Constitution of Islamic Republic of Pakistan whereas in the instant case the petitioners have to bring their case within the purview of Order XLVII, rule 1, C.P.C. Learned counsel tried to avail of section 114, C.P.C. which deals with the power of review and argued that the words “any person considering himself aggrieved” were wide enough to include even those persons who initially were not a party to the proceedings but at a later stage were affected by an order adverse to their interest. My attention was invited to Order XLVII, rule 1, C.P.C. and it was submitted that even in this provision the above mentioned words have been repeated, and the learned counsel, therefore, emphasized that these words would cover the case of even a stranger, the only essential requisite being that he must consider himself to be an aggrieved person, the test for which, according to the learned counsel would be subjective. Reliance was also placed on H.M. Saya & Co., Karachi v. Wazir Ali Industries Ltd. Karachi and another (PLD 1969 SC 65) with special reference to the following observations:
There can be no dispute that the only party which was adversely affected by the order of ad interim injunction was respondent No.1. We are satisfied that Saya & Co., deliberately omitted to make them parties with the intention of avoiding a contest. They knew fully well that the relief sought were really directed against Wazir Ali Industries Limited, and their bankers. A stranger to a suit or a proceeding is not prohibited by the Code of Civil Procedure from filing an appeal from an order passed therein. It is true that there is no express provision permitting such party to prefer an appeal against such an order. This omission, however, cannot be understood to amount to prohibition. The Court ought not to act on the principle that every procedure is to be taken as prohibited unless it is expressly provided for. To give such a meaning to the omission would result in grave injustice. The facts of this case are clear example in point. The Court should proceed on the principle that every procedure which furthers administration of justice is permissible even if there is no express provision permitting the same. Section 96 of the Civil Procedure Code deals with appeals from decrees and section 104 deals with appeals from orders. These provisions do not in terms say who is entitled to prefer an appeal. The Code, however, lays down that it is the decree or the order that has to be appealed against. If the decree or order appealed from adversely affects a person he should be permitted to challenge the same in appeal even if he was not made a party to the original suit for proceeding.” and it was argued that the principle laid down in this case was fully applicable to the present petition and hence not only that the petition was competent but also that the order dated the 5th of December 1973, of this Court deserves to be reviewed.
3. I have very carefully gone through this decision and find that the law laid down by the Supreme Court is only with regard to the appellate proceedings, whereas the scope of review is much different and the review jurisdiction is substantially and materially different to the appellate jurisdiction because it can be only utilized on the specific grounds mentioned in Order XLVII, rule 1, C.P.C. (Emphasis provided). In this connection it would be worthwhile to reproduce in extenso rule 1 of Order XLVII, C.P.C. which is to the following effect:-
“(1) Any person considering himself aggrieved–
(a) by a decree or order from which an appeal is allowed, but from which no appeal has been preferred,
(b) by a decree or order from which no appeal is allowed, or
(c) by a decision on a reference from a Court of Small Causes,and who, from the discovery of new and important matter or evidence which, after the exercise of due diligence, was not within his knowledge or could not be produced by him at the time when the decree was passed or order made, on account of some mistake or error apparent on the face of the record, or for any other sufficient reason, desires to obtain a review of the decree passed or order made against him may apply for a review of judgment to the Court which passed the decree or made the order.”
The important words to be noted in this connection are “desires to obtain a review of the decree passed or order made”. These words leave no room for doubt that the remedy of review could be availed of only by a person who initially was a party to the proceedings in which either a decree had been passed or an order had been made against him, otherwise the very essence of the grounds on which a review would be competent, would be rendered ineffective. It is, therefore, obvious that a stranger to the proceedings would not be permitted to avail of the grounds on which a review petition would be competent. I, therefore, do not agree with the contention of the learned counsel that a wider interpretation of the words “any person considering himself aggrieved” would be the only proper and reasonable interpretation. On the other hand, I find that these words would have to be read and interpreted in the light of the main rule and when so done in my view their operation would be restricted and would cover the case of only those persons who initially were party to the proceedings.” (Emphasis provided). (Qaim Hussain v. Anjuman Islamia PLD 1974 Lah. 346).
64. From the above discussion it will be seen that depending upon the peculiar facts and circumstances of each case, which enables the Court to form its opinion, all the above discussed jurisdictions conferred to the apex Court under the scheme of the Constitution are closely interlinked, rather, overlapping in some areas, therefore, without entering into the intricacies of such technicalities, this Court is competent to pass any order to foster the cause of justice; eliminating the chances of perpetuating illegality and to save an aggrieved party from being rendered remedy less. If any further case law is needed to fortify this view, reference can also be made to number of other cases referred by the learned ASC’s in their respective arguments and discussed in the earlier part of this judgment as well as the cases of Syed Wajihul Hassan Zaidi v. Government of the Punjab and others (PLD 2004 SC 801) and Mrs. Shahida Zahir Abbasi v. President of Pakistan (PLD 1996 SC 632), which further lays down as under:-
17. Admittedly, we are not Sitting in appeal over the judgment rendered by a Full Bench of this Court and the scope of review is very restricted within the parameters laid down by this Court in Abdullah Khan v. Nisar Muhammad Khan (PLD 1965 SC 690), Arif Shah v.; Abdul Hakeem Qureshi (PLD 1991 SC 905) and Abdul Ghaffar Abdul Rehman v. Asghar Ali (PLD 1998 SC 363). We are of the considered view that even if the view taken by this Court in the decision of the appeal be erroneous, it does not warrant revisiting by this Bench in the exercise of review jurisdiction, which can only be exercised when an error or mistake is manifestly shown to float on the face of record, which is patent and if allowed to remain intact would perpetuate illegality and gross injustice. Basic object behind the conferment of power of judicial review on superior Courts essentially is to foster justice and eliminate chances of perpetuating illegality. Principal aim and spirit underlying judicial review of orders passed or actions taken by executive or quasi-judicial forums is to respect law and to enforce primacy of the Constitution and the law. There can be no cavil with the proposition that writ jurisdiction is completely discretionary in nature and invocable in order to meet blatant illegalities, total lack of jurisdiction, unwarranted exercise of authority otherwise not conferred by law or preventing retention of ill-gotten gains. Discretion exercised within the contemplation of Articles 185 & 187 of the Constitution by this Court is a too wide in nature and stands at a higher pedestal. It is obligatory for this Court to ensure that apart from legal requirements broad equitable principles of law are not infringed so that complete justice can be dispensed with if equitable situation demands and legal formulations do not take the controversy to its logical end. This Court would be grossly failing in duty if it over-looks equitable considerations and alters the final verdict in the exercise of its extraordinary jurisdiction.”
From above-quoted passages, it is quite clear that whether a particular case involved the element of “public importance” is a question which is to be determined by this Court with reference to the facts and circumstances of each case. There is no hard and fast rule that an individual grievance can never be treated as a matter involving question of public importance. Similarly it cannot be said that a case brought by, a large number of people should always be considered as a case of “public importance” because a large body of persons is interested in the case. The public importance of a case is determined as observed by this Court in Manzoor Ellahi’s case, supra, by decision on questions affecting the legal rights and liberties of the people at large, even though the individual who may have brought the matter before the Court is of no significance. Similarly, it was observed in Benazir Bhutto’s case, supra, that public importance should be viewed with reference to freedom and liberties guaranteed under Constitution, their protection and invasion of these rights in a manner which raises a serious question regarding their enforcement, irrespective of the fact whether such infraction of right, freedom or liberty is alleged by an individual or a group of individuals. In the case of Employees of Pakistan Law Commission v. Ministry of Works 1994 SCMR 1548, Saleem Akhtar, J., relying on the observations in Benazir Bhutto’s case, supra, on the scope of Article 184(3) of the Constitution observed as follows:–
“In Benazir Bhutto’s case it was observed as follows:
The plain language of Article 184(3) shows that it is open-ended. The Article does not say as to who shall have the right to move the Supreme Court nor does it say by what proceedings the Supreme Court may be so moved. or whether it is defined to the enforcement of the Fundamental Rights of an individual which are infracted or extends to the enforcement of the rights of a group or a class of persons whose rights are violated. “
From the above discussion, it is quit clear that this Court while construing the provisions of Article 184(3) of the Constitution did not follow the conventional interpretative approach based on technicalities and ceremonious observance of rule or usage of interpretation. Keeping in view the avowed spirit of the provision, this Court, preferred the interpretative approach which received inspiration from the triad of provision which saturated and invigorated the entire Constitution, namely, the Objectives Resolution (Article 2A), the Fundamental Rights and Directive Principles of State Policy so as to achieve, democracy, tolerance, equality and social justice according to Islam. This liberal interpretative approach opened the door of “access to justice to all”.
65. As a result of above discussion with detailed reference to some celebrated judgments of this Court, we have no hesitation to hold that this petition is very much competent and maintainable, thus, no exception could be taken to its maintainability on any of the grounds urged by the learned Sr.ASCs/ASCs and the retired judges of the High Court.
66. To proceed further, as the whole controversy in the present proceedings originates and revolves around the “right to pension” of honourable retired judges of the High Court, before examining the above noted point No.2, as a next step it will be appropriate rather useful to dilate upon the true connotation and concept of pension, which has undergone radical changes in the last century. In this regard, it will be useful to reproduce hereunder few definitions of word “pension” from some authoritative books/dictionaries and thereafter to reproduce some discussion from the judgment in the case of I.A Sharwani (supra), which is quite pertinent on this subject.
“Pension. Retirement benefit paid regularly (normally, monthly), with the amount of such based generally on length of employment and amount of wages or salary of pensioner. Deferred compensation for services rendered.”
In the New Encyclopedia Britannica Vol.9, 15th Edition at p.266 the following is laid down for the term “Pension”:-
“Pension: Series of periodic money payments made to a person who retires from employment because of age, disability, or the completion of an agreed span of service. The payments generally continue for the remainder of the natural life of the recipient, and sometimes to a widow or other survivor. Military pensions have existed for many centuries; private pension plans originated in Europe during the 19th century. Eligibility for and amounts of benefits are based on a variety of factors, including length of employment, age, earnings, and, in some cases, past contributions.”
In Law Laxican defined “pension” as follows:-
Pension defined, Act 21, 1886, S.2-241C803 a periodical payment made by a Government, company or, any employer or labour in consideration of past services or the relinquishment of rights; claims or emoluments; regular payments to persons in order that they may maintain themselves. Art.112(3)(d)(i) Const.
“15. Having dealt with the above legal preliminary objections, we may now revert to the merits of the case. Before dealing with the respective contentions of the learned counsel for the parties, we may first refer to the definition and raison d’etre of the term “pension” and the nature of right in respect thereof. In this regard, reference may be made to Encyclopaedia Britannica, Volume 17, 1963 Edition, page 488, Corpus Juris Secundum, Volume 67, pages 763 and 764, Corpus Juris Secundum, Volume 70, page 423, American Jurisprudence, Volume 40, pages 980 and 981, and para. 29 from the judgment in the case of D.S. Nakara and others v. Union of India (supra), which read as follows:–
Edition Page 488.—“Pensions are periodic payments, usually for the natural life of a person who retires because of age or disability. Sometimes the term refers to, periodic payments to wives, widows or children of a primary or deceased person or pensioner; occasionally, a pension will be conveyed solely as an honour for conspicuous service or valour. Pensions are provided by Government in three guises: (1) as compensation or recompense to war veterans and families for old age or for disability or death, usually from service causes; (2) as disability or old age retirement benefits for civilian employees of government; (3) as social security payments for the aged, disabled or deceased citizenry based on past employment history or subject to current evidence of need. Pensions are also provided by many non-Governmental employers as a means of protecting workers retiring for age or disability and for relieving the payroll of superannuated personnel. They are sometimes provided by union-management welfare funds, associations or trusteeships. Only rarely do employees in groups, associations or unions undertake their own pension programme without employer or Government assistance.”
Extract from Corpus Juris Secundum. Vol. 67. pages 763-764.—“Except as limited by the Constitution the establishment of a pension system is within the scope of the legislative power. The granting of pensions to public officers or public employees serves the public purpose, and is designed to induce competent persons to enter and remain in the public’ service or employment, and to encourage the retirement from public service of those who have become incapacitated from performing their duties as well as they might be performed by younger or more vigorous persons. It has also been stated that a pension system is intended to promote efficient, continued and faithful service to the employer and economic security to the employees and their dependents, by an arrangement under which, by fulfilment of specified eligibility requirements, pensions become property of the individual as a matter of right upon the termination of public service.”
Extract from Corpus Juris Secundum. Vol. 70, page 423.—“A pension is a periodical allowance of money granted by the Government in consideration or recognition of meritorious past services, or of loss or injury sustained in the public service. A pension is mainly designed to assist the pensioner in providing for his daily wants, and it presupposes the continued life of the recipient.”
Extract from American Jurisprudence, Vo1.40, pages 980 and 981.—“The right to a pension depends upon statutory provisions therefore, and the existence of such right in particular instances is determinable primarily from the terms of the statute under which the right or privilege is granted. The right to a pension may be made to depend upon such conditions. as the grantor may see fit to prescribe. Thus, it has been held that it may be provided,
in a general Pension Act, that any person who accepts the benefits thereof shall forfeit his right to a special pension previously granted.”
Para. 29 from the judgment in the case of D.S. Nakara and others v. Union of India (supra).—“Summing-up it can be said with confidence that pension is not only compensation for loyal service rendered in the past, but pension also has a broader significance, in that it is a measure of socio-economic justice which inheres economic security in the fall of life when physical and mental prowess is ebbing corresponding to aging process and, therefore, one is required to fall back on savings. One such saving in kind is when you give your best in the hey day of life to your employer, in days of invalidity, economic security by way of periodical payment is assured. The term has been judicially defined as a stated allowances or stipend made in consideration of past service or a surrender of rights or emoluments to one retired from service. Thus the pension payable to a Government employee is earned by rendering long and efficient service and therefore can be said to be a deferred portion of the compensation for service rendered. In one sentence one can say that the most practical raison d’etre for pension is the inability to provide for oneself due to old-age. One may live and avoid unemployment but not senility and penury if there is nothing to fall back upon.”
16. It seems that there are various kinds of pension schemes which are obtaining in various countries of the world. However, the same can be divided into two broad categories, namely, (i) Government Pension Schemes; (ii) Non-Government Pension Schemes. Each of the above category can be sub-divided into a number of sub-categories according to the object for which a particular scheme is designed. In the instant case, we are mainly concerned with the pension schemes meant for public employees/public officers, who are known in the Sub-Continent as civil servants.
A pension is intended to assist a retired civil servant in providing for his daily wants so long he is alive in consideration of his past services, though recently the above benefit has been extended inter alia in Pakistan to the widows and the dependent children of the deceased civil servants. The raison d’etre for pension seems to be inability to provide for oneself due to old-age. The right and extent to claim pension depends upon the terms of the relevant statute under which it has been granted.
17. In the Sub-Continent during the British Rule since it was considered that the salary which a -civil servant drew was a bounty, the same view was held in respect of the pension. However, the above controversy has been settled inasmuch as this Court in more than one case; has held that the concept that the salary which a civil servant drew was a bounty, was no longer the law of the country. Reference may be made to the case of The State of Pakistan and another v. Mehrajuddin (P L D 1959 S C (Pak.) 147). As regards the right to claim pension, the controversy has been set to rest by this Court inter alia in the case of The Government of N-W.F.P. through The Secretary to the Government of N.-W.F.P.. Communication and Works Departments, Peshawar v. Muhammad Said Khan and another (P L D 1973 S C 514), wherein the following view has been taken:–
“It must now be taken as well-settled that a person who enters Government service has also something to look forward after his retirement, to what are called retirement benefits, grant of pension being the most valuable of such benefits. It is equally well-settled that pension like salary of a civil servant is no longer ‘a bounty but is a right acquired after putting in satisfactory service for the prescribed minimum period. A fortiori, it cannot be reduced or refused arbitrarily except to the extent and in the manner provided in the relevant rules. Conversely full pension admissible under the rules is not to be given as a matter of course unless the service rendered has been duly approved. (See Article 470, Civil Service Regulations). It is equally well-settled that if the service has not been thoroughly satisfactory, the authority sanctioning the pension is empowered under the said Article to make such reduction in the amount as it may deem proper. This power is however exercisable only before pension is actually sanctioned.”
The same view has been taken by the Indian Supreme Court in the case of Deokinandan Prasad v. State of Bihar and others (AIR 1971 SC 1409) and the case of State of Punjab and another v. Iqbal Singh (AIR 1976 SC 667).[Also see: D.S. Nakara and others v. Unionof India (AIR 1983 SC 130) and Kerala State Road Transport Cooperation v. K.O Varghese and others (AIR 2003 SC 3966)]67. The gist of the discussion made in the above cited cases on the subject of pension is that it is a right which the Government servants or employees in different positions and different capacities earn in terms of the relevant statutory provisions applicable to their case, mostly depending upon their length of service. In any case it is not a State bounty which can be awarded to any individual outside the scope of the applicable statute, as a favour.
68. After the above discussion, when we move forward to dilate upon, discuss and adjudicate the second point relating to the interpretation of Article 205, read with Fifth Schedule to the Constitution and applicable President’s Order in the light of submissions made before us and the law, we deem it appropriate to firstly, discuss the concept of interpretation of statutes, particularly the constitutional provisions; briefly trace out the history of legislation in this context; reproduce hereunder the relevant statutory provisions commencing from Government of India Act, 1935; various Orders/President’s Orders relating thereto in sequence, and also to give a brief resume/ comment on the statutory provisions of some other countries regulating pensionary benefits of the honourable retired judges of the superior Courts in those countries, with specific reference to the requirement of minimum length of service to earn the right to pension, as they are somewhat “pari materia” to the constitutional provisions and the President’s Order in vogue in our country.69. As regards the concept of interpretation, we find that it is a method by which the true sense or meaning of the word is traced out and understood. The process by which a Judge or a person or a lawyer associated in the search of meaning of a statute, constructs from the word of statute book a meaning, which he either believes to be intent of the legislature or which he proposes to attribute to it, is called “interpretation”. Salmond in his famous book on the Interpretation of Statutes, describes interpretation or construction as the process by which Courts seek to ascertain the meaning of the legislature through the medium of authoritative forms in which it is expressed. Other renowned jurists and legal experts have designated the principle of interpretation of statute as ‘an art of proliferating a purpose’, or a science by itself and the purpose behind interpretation is to seek the intention of its law maker. In the same context, when we revert to some well recognized principles of interpretation of statute, we find the following basic principles outlined for this purpose.
“a. That the entire Constitution has to be read as an integrated whole.
b. No one particular provision should be so construed as to destroying the other, but each sustaining the other provision. This is the rule of harmony, rule of completeness and exhaustiveness.
c. Interpretation to be consistent with the Injunctions of Islam.
d. It must always be borne in mind that it is only where the words are not clear, or the provision in question is ambiguous, that is, it is fairly and equally open to diverse meanings, that the duty of interpretation arises.
e. Intention to be gathered from the language of the enactment, otherwise known as the ‘plain meaning rule’.
f. It is elementary rule of construction that it is to be assumed that the words and phrases of technical legislation are used in their technical meaning, if they have acquired one, and otherwise in their ordinary meaning. Critical and subtle distinctions are to be avoided and the obvious and popular meaning of the language should, as a general rule, be followed.
g. It is a cardinal rule of construction of statutes that no words are to be added or omitted or treated as surplusage or redundant.
h. That the words of written Constitution prevail over all unwritten conventions, precedents and practices to the contrary.
70. Having discussed above the concept of “Pension” and “interpretation of statutes” , for ready reference, now we reproduce in sequence the relevant constitutional provisions, President’s Orders etc as under:-
Government of India Act, 1935.
“Salaries, &c.of judges
221. The judges of the several High Courts shall. be entitled to such salaries and allowances, including allowances for expenses in respect of equipment and travelling upon appointment, and to such rights in respect of leave and pensions, as may from time to time be fixed by His Majesty in Council:
Provided that neither the salary of a judge, nor his rights in respect of leave of absence or pension, shall be varied to his disadvantage after his appointment.”
“…………………………………………………………………………………………..AND WHEREAS by section two hundred and twenty-one of the Act it is provided that the Judges of the several High Courts shall be entitled to such salaries and allowances, including allowances for expenses in respect of equipment and travelling upon appointment, and to such rights in respect of leave and pensions, as may from time to time be fixed by His Majesty in Council:
PENSIONS
17.—(1) Subject to the provisions of this Order, a pension shall be payable to a Judge on his retirement if, but only if, either –
(a) he has completed not less than 12 years’ service for pension; or
(b) he has completed not less than 7 years’ service for pension and has attained the age of sixty; or
(c) he has completed not less than 7 years’ service for pension and his retirement is medically certified to be necessitated by ill-health.
(2) the President may for special reasons direct that any period not exceeding three months shall be added to a Judge’s service for pension.
Provided that a period so added shall be disregarded in calculating any additional pension under Part I or Part II of the Third Schedule to this Order.”
(Pre 54th Amendment)
“221. Salaries, etc., of Judges.—(1) There shall be paid to the Judges of each High Court such salaries as are specified in the Second Schedule.
(2) Every Judge shall be entitled to such allowances and to such rights in respect of leave of absence and pension as may from time to time be determined by or under law made by Parliament and, until so determined, to such allowances and rights as are specified in the Second Schedule:
Provided that neither the allowances of a Judge nor his rights in respect of leave of absence or pension shall be varied to his disadvantage after his appointment.”
(Post 54th Amendment)
“221. Salaries, etc., of Judges.—(1) There shall be paid to the Judges of each High Court such salaries as may be determined by Parliament by law and, until provision in that behalf is so made, such salaries as are specified in the Second Schedule.
(2) Every Judge shall be entitled to such allowances and to such rights in respect of leave of absence and pension as may from time to time be determined by or under law made by Parliament and, until so determined, to such allowances and rights as are specified in the Second Schedule:
Provided that neither the allowances of a Judge nor his rights in respect of leave of absence or pension shall be varied to his disadvantage after his appointment.“Salaries”.—The salaries received by the High Court/the Supreme Court Judges are “salaries” and are taxable under the Income Tax Act, though the Judges are Constitutional functionaries having no employer.”
“175.—(1) The remuneration and other conditions of service of a Judge of the Supreme Court or of a High Court shall not be varied to his disadvantage during his tenure of office.
(2) Subject to Article 151, the conduct of a Judge of the Supreme Court or of a Judge of a High Court shall not be discussed in the National or a Provincial Assembly.
177. Until other provisions in that behalf are made by Act of Parliament, the provisions of the Third Schedule shall apply in relation to the Supreme Court and High Courts in respect of matters specified therein.
The Judiciary
PART I
4. Salaries of Judges.—(1) There shall be paid to the Chief Justice of a High Court a salary of Rs.5,000 per mensem, and to every other Judge of that Court a salary of Rs.4,000 per mensem.
(2) Every Judge of a High Court shall be entitled to such other privileges and allowances, including allowances for expenses in respect of equipment and travelling upon first appointment, and to such rights in respect of leave of absence and pensions as may be determined by the President, and until so determined to the allowances, privileges and rights which immediately before the Constitution Day, were admissible to the Judges of the High Court, and the provisions of the Government of India (High Court Judges) Order, 1937, shall, subject to the provisions of the Constitution, apply.”
124. The remuneration and other terms and conditions of service of a Judge of the Supreme Court or of a High Court shall be as provided in the Second Schedule.
Remuneration and Terms and Conditions of Service of JudgesTHE SUPREME COURT
1. There shall be paid to the Chief Justice of the Supreme Court a salary of Rs.5,500 per mensem, and to every other Judge of the Supreme Court a salary of Rs.5,100 per mensem.
2. Every Judge of the Supreme Court shall be entitled to such privileges and allowances, and to such rights in respect of leave of absence and pension, as may be determined by the President, and until so determined, to the privileges, allowances and rights to which, immediately before the commencing day, the Judges of the Supreme Court of Pakistan were entitled.
1. There shall be paid to the Chief Justice of a High Court a salary of Rs.5,000 per mensem, and to every other Judge of a High Court a salary of Rs.4,000 per mensem.
2. Every Judge of a High Court of a Province shall be entitled to such privileges and allowances, and to such rights in respect of leave of absence and pension, as may be determined by the President, and until so determined, to the privileges, allowances and rights to which, immediately before the commencing day, the Judges of the High Court of the Province were entitled.”
1. Short title and commencement.-(l ) This Order may be called the High Court Judges (Leave, Pension and Privileges) Order, 1970.
13. Conditions of admissibility of pension.—A Judge shall, on his retirement, resignation or removal, be paid a pension in accordance with the provisions of this Order if he has –
(a) completed not less than five years of service for pension and attained the retiring age; or
(b) completed not less than ten years of service for pension and, before attaining the age, resigned; or
(c)completed not less than five years of service for pension and, before attaining the retiring age, either resigned, his resignation having been medically certified to be necessitated by ill-health, or been removed for physical or mental incapacity:
Provided that, for the purpose of clause (a) of Part I of the First Schedule a deficiency of three months or less in the service for pension as Judge shall be deemed to have been condoned.
14. Determination of pension.—Subject to the provisions of this Order, the pension payable to a Judge who, on his retirement, is entitled to a pension under this Order shall be calculated—
(a) in the case of a Judge who is not a member of a service in Pakistan or who immediately before his appointment as a Judge did not hold any other pensionable civil post in connection with the affairs of the Centre or of a Province, in accordance with the provisions of Part I of the First Schedule;
(b) in case of a Judge who is a member of a civil service in Pakistan or who immediately before his appointment as a Judge held any other pensionable civil post in connection with the affairs of the Centre or of a Province, in accordance with the provisions of Part II of the First Schedule, unless he elects to receive pension under Part I of the said Schedule.
15. Pension of Judges not covered by paragraph 13.—A Judge who immediately before his appointment as such was a member of a civil service in Pakistan or was holding a post in connection with the affairs of the Centre or of a Province and who does not fulfill the conditions laid down in paragraph 13 shall, on retirement, be entitled to such pension as would have been admissible to him in his service or post, had he not been appointed a Judge, his service as a Judge being treated as service for the purpose of calculating that pension.”
205. Remuneration, etc., of Judges. The remuneration and other terms and conditions of service of a Judge of the Supreme Court or of a High Court shall be as provided in the Fifth Schedule.
Remuneration and Terms and Conditions of Service of Judges.
1. There shall be paid to the Chief Justice of Pakistan a salary of Rs.9,900 per mensem, and to every other Judge of the Supreme Court a salary of Rs.9,500 per mensem, or such higher Salary as the President may, from time to time determine.
2. Every Judge of the Supreme Court shall be entitled to such privileges and allowances, and to such rights in respect of leave of absence and pension, as may be determined by the President, and until so determined, to the privileges, allowances and rights to which, immediately before the commencing day, the Judges of the Supreme Court of Pakistan were entitled.
3. The pension payable to a retired Judge of the Supreme Court per mensem shall not be less or more than the amount specified in the table below, depending on the length of his service as Judge in that Court or a High Court:
Provided that the President may, from time to time, raise the minimum or maximum amount of pension so specified:-
Chief Justice Rs. 7,000 Rs. 8,000
Other Judge Rs. 6,250 Rs. 7,125
4. The widow of a Judge of the Supreme Court shall be entitled to a pension at the following rates, namely:-
(a) if the Judge dies after retirement – 50 per cent of the net pension payable to him; or
(b) if the Judge dies after having rendered not less than three year’s service as Judge and while still serving as such – 50 per cent of the pension admissible to him at the minimum rate.
5. The pension shall be payable to the widow for life or, if she remarries, until her marriage.
(a) to the sons of the Judge who are less than twentyone years of age, until they attain that age; and
(b) to the unmarried daughters of the Judge who are less than twenty-one years of age, until they attain that age or are married, whichever first occurs.
1. There shall be paid to the Chief Justice of a High Court a salary of Rs. 9,400 per mensem, and to every other Judge of a High Court a salary of Rs.8,400 per mensem, or such higher salary as the President may, from time to time, determine.
2. Every Judge of a High Court shall be entitled to such privileges and allowances, and to such rights in respect of leave of absence and pension, as may be determined by the President, and until so determined, to the privileges, allowances and rights, to which, immediately before the commencing day, the Judges of the High Court were entitled.
3. The Pension payable per mensem to a Judge of a High Court who retires after having put in not less than five years service as such Judge shall not be less or more than the amount specified in the table below, depending on the length of his service as Judge and total service, if any, in the service of Pakistan:
Provided that the President may, from time to time, raise the minimum or maximum amount of pension so specified:-
Chief Justice Rs. 5,640 Rs. 7,050
Other Judge Rs. 5,040 Rs. 6,300
4. The widow of a Judge of the High Court shall be entitled to a pension at the following rates, namely:-
(a) if the Judge dies after retirement – 50 per cent of the net pension payable to him; or
(b) if the Judge dies after having rendered not less than five years’ service as Judge and while still serving as such – 50 per cent of the pension admissible to him at the minimum rate.
5. The pension shall be payable to the widow for life, or, if she remarries until her marriage.
(a) to the sons of the Judge who are less than twentyone years of age, until they attain that age; and
(b) to the unmarried daughters of the Judge who are less than twenty-one years of age, until they attain that age or are married, whichever first occurs.
High Court Judges (Leave, Pension and Privileges) Order, 1997
1. Short title and commencement.-(l ) This Order may be called the High Court Judges (Leave, Pension and Privileges) Order, 1997.
(2) It shall come into force at once and paragraph 15 shall be deemed to have taken effect on the 27th day of July,1991.
(b) “actual service” means the time spend by a Judge on duty as such or in the performance of such other functions as he may be required under any law to perform or may be requested by the President or the Governor to discharge and includes vacation (but excluding any time during which the Judge is absent on leave) and joining time on transfer from—
(i) a High Court to the Supreme Court;
(ii) the Supreme Court to a High Court;
(iii) one High Court to another;
(iv) one permanent seat of a High Court to another permanent seat ;
(v) a High Court to the place where he is required under any law to perform any function; and
(vi) from a place where he is required under any law to perform any function to another such place or to a High Court;
(c) “Additional Judge” means a Judge appointed by the President to be an Additional Judge;
(f) “Judge” means a Judge of High Court and include the Chief justice, and Acting Chief Justice and an Additional Judge;
14. The condition or admissibility of pension.—A Judge shall, on his retirement, resignation or removal, be paid a pension in accordance with the provisions of this Order if he has–
(a) completed not less than five years of service for pension and attained the retiring age; or
(b) completed not less than five years of service for pension and before attaining the age, resigned or sought retirement; or
(c) completed not less than five years of service for pension and, before attaining the retiring age, either resigned, his resignation having been medically certified to be necessitated by ill-health or been removed for physical or mental incapacity or been allowed by the President for sufficient cause to retire.
15. Payable Pension.— The Chief Justice and a Judge on his retirement, resignation or removal as provided in paragraph 14 shall be entitled to the minimum amount of pension equal to seventy per cent of the salary determined by the President from time to time payable to the Chief Justice, or as the case may be, a Judge on the completion of five years service for pension as Judge, and therefore an extra pension at the rate of two per cent of such salary for each subsequent completed year of service as the Chief Justice or, as the case may be, the Judge, including his service if any, in the service of Pakistan the maximum pension not exceeding eighty per cent of the said salary.
Provided that for the period between twenty-seventh day of July, 1991 and the thirty-first day of May, 1994 the minimum and the maximum amounts shall refer to the amounts specified in the Pension of Judges of Superior Courts Order, 1993 (P.O.2 of 1993).
Explanation.—The expression ‘salary’ means the salary referred to in paragraph 1 of the Fifth Schedule to the Constitution of the Islamic Republic of Pakistan or such higher salary as the President may determine from time to time and shall include Superior Judicial allowance but shall not include any allowance or amount representing any other privilege or facility.
16. Pension of Judges not covered by paragraph 14.—A Judge who immediately before his appointments as such was a member of a civil service in Pakistan or was holding a post in connection with the affair of the Federation or of a Province and who does not fulfill the conditions laid down in paragraph 14 shall, on retirement, be entitled to such pension as would has been admissible to him in service or post. Had he not been appointed a Judge, his service as Judge being treated as service for the purpose of calculating that pension.”
29. Subsidiary conditions of service.—Subject to the provisions of this Order and such other provisions as the President may make in this behalf, the other privileges and rights of a Judge shall be determined by the rules for the time being applicable to an officer appointed by the President and holding the rank of secretary to the Government of Pakistan:
Provided that nothing in this paragraph shall have effect so as to give to a Judge who is a member of a civil service less favourable terms in respect of his conditions of service than those to which he would have been entitled as a member of such service if he had not been appointed as a Judge, his service as Judge being treated as service for the purpose of determining those privileges and rights.”
(Underlining in the above reproductions is ours, which is made for emphasis)
71. A careful reading of above reproduced relevant constitutional provisions; Article 221 of the Government of India Act, 1935; Article 221 of the Constitution of India, 1949; Article 175 of the Constitution of Islamic Republic of Pakistan, 1956; Article 124 of the Constitution of Islamic Republic of Pakistan, 1962; and, Article 205 of the Constitution of Islamic Republic of Pakistan, 1973, read with relevant Schedules to the Constitution, reveals that they are “pari materia” to the extent of entitlement to privileges and allowances and to such rights in respect of leave of absence and pension, and in this context, from time to time, High Court Judges Order 1937, President’s Order 9 of 1970 and President’s Order 3 of 1997, were issued to determine the moot question as to their right to pension. Here a reference to some repealed provisions of the Constitution and the High Court Judges Order/President’s Orders has been made only to show that in the High Court Judges Order 1937, condition of minimum length of service for a High Court Judge for his entitlement/right to pension, in the normal course, was 12 years and on attaining the age of sixty years, it was seven years, so also in the cases where retirement was medically certified to be necessitated due to ill-health, while the President was further conferred with power that for special reasons, he may direct that any period not exceeding three months shall be added to a Judge’s service for pension. The relevant provision of President’s Order 9 of 1970, dated 17.6.1970, paragraph 23 whereof repealed the earlier High Court Judges Order 1937, was its paragraph 13, which provided one clear condition for entitlement of right to pension as minimum length of actual service of five years on attaining the retiring age in the normal course and in case of resignation not less than ten years service. Further, paragraph 15 of this President’s Order contained provision as regards the right to pension of other Judges, who were not covered by paragraph 13. In the President’s Order 3 of 1997, introduced in the year 1997 and brought into force at once, except to the extent of its paragraph 15, which was made effective from 27.7.1991, in the definition clause, meaning of ‘actual service’, ‘additional judge’ and ‘judge’ were specifically provided, while section 14 dealt with the condition of admissibility of pension of the retired judges. A bare reading of President’s Order 3 of 1997 clearly spells out that every Judge of the High Court, having completed not less than five years of actual service as such on attaining the retiring age, is entitled for pensionary benefits. This provision is further subject to paragraph 29 of the President’s Order 3 of 1997, relating to the “subsidiary conditions of service”. A close look at the Fifth Schedule to Article 205 of the Constitution of Islamic Republic of Pakistan, 1973, which is an important integral part of the constitutional mandate, applicable to the present case, further reveals that paragraphs-2 and 3 relating to High Court, are the two relevant provisions of the Constitution, which in unequivocal term provide that in terms of paragraph-2 “EVERY JUDGE” of a High Court shall be entitled to such “PRIVILEGES”, “ALLOWANCES”, and to such “RIGHTS” in respect of leave of absence and “PENSION” as may be determined by the President, and until so determined, with the privileges, allowances and rights, to which immediately before the commencing day, the judges of the High Court were entitled. From the language of paragraph-2, it is also clear that it only refers to one category of judges of the High Court i.e. “Every Judge”. To put it in other words, there are no two categories of judges specified therein as many senior ASCs and retired judges of the High Court have argued before us while supporting their claim despite they having rendered less than five years actual service as such. What is important to notice here is that firstly right to pension is to be determined by the President for every judge of the High Court and until such determination, the privileges, allowances and rights already in-force before the commencing day, are to be availed by all of them. Keeping in view this clear and unambiguous language of paragraph-2 (ibid), when we revert to the provisions of paragraph 13 of the President’s Order 9 of 1970, relating to conditions of admissibility of pension, we find that till its repeal vide paragraph 30 of President’s Order 3 of 1997, rights of every Judge of the High Court were already determined in the manner that unless they had completed not less than five years of service before retiring age, they were not eligible or entitled to any pensionary benefits. It was in this background that none of the retiring honourable judge of the High Court, having less than five years service as such to his credit, ever ventured to agitate such claim. In the year 1997, when the President’s Order 3 of 1997 was promulgated with immediate effect (except its section 15, which was made applicable retrospectively w.e.f. 07.7.1991), under paragraph 14, a similar condition of not less than five years service before attaining the retiring age was engraved, and the position under paragraph 17 of the High Court Judges Order, 1937 (repealed on 17.6.1970) was also not much different, except that requirement of length of service to earn right to pension at that time was minimum 12 years service in the normal course or in case of attaining the age of sixty years, not less than seven years.
72. Reverting to the language of paragraph-3 of Fifth Schedule to Article 205 of the Constitution of 1973, we find that in its original text, paragraph-3 had different phraseology, but it was subsequently amended in the present form by 12th amendment Act of 1991. However, in both the situations, right to pension of a retired High Court Judge was made conditional to not less than five years actual service, while a further table was provided for increase in the percentage of pension depending upon the length of his service as a Judge of the High Court upto the maximum of 80 percent of his salary. Thus, the two paragraphs 2 and 3 of Fifth Schedule to Article 205 of the Constitution either read separately/conjunctively or disjunctively, do not alter/change in any manner the requirement of minimum five years length of actual service for every Judge of the High Court as one of the basic condition to earn the right to pension. The arguments of learned ASCs based on the principle of reading down etc are, thus, of no avail in this regard.
73. Reference to Article 207 of the Constitution, debarring the honourable retired Judges of the High Court to plead or act in any Court or before any authority within the jurisdiction of the High Court they have served in that capacity, arguments advanced by some of the learned ASCs in order to strengthen the case of those honourable retired Judges of the High Court, who retired before completing a period of minimum five years actual service as such, are equally without force. Firstly, for the reason that in view of the reasonable classification to the extent that they are not debarred from practicing before the High Courts of other Provinces and the Supreme Court, such limited restriction is not in conflict with the spirit of Article 18 of the Constitution relating to freedom of trade, business or profession. Secondly, all the Judges who retired or resigned before completing their actual service as a High Court Judge for a minimum period of five years, knew well in advance at the time of their elevation to this high office that their total length of service upon appointment, looking to their date of birth qua retirement will be less than five years, therefore, as per Constitutional mandate and seventy five years old convention/usage, they will not be entitled to any pensionary benefit. In such circumstances, with profound respect, all these honourable retired Judges of High Court are estopped from agitating such grievance at this belated stage. This view, further gains support from the fact that except few honourable retired High Court Judges, who have now availed the benefit of judgment under challenge, though they retired in 70s, 80s, 90s and upto the passing of judgment under challenge, no one ever put up his claim on the basis of interpretation of Article 205 read with Fifth Schedule and President orders No.3 of 1997, 9 of 1970, as now made applicable to their cases with reference to judgment under challenge. After all they all were highly skilled and qualified professional in the field of law and jurists in their own rights. Thus, any plea of ignorance of law or misinterpretation of the relevant Constitutional provisions for over seven decades doesn’t appeal to reason.
74. Besides, the base line of minimum five years actual service to become entitled for pensionary benefits and to deny the right to pension to other retired High Court Judges, who have not served as such for five years or more, applying the principles of interpretation of statutes as summarized in the preceding paragraph 69 and reading the Constitutional provisions and P.O’s as a whole, gain full support from the language of High Court Judges Order 1937 (Repealed), President Orders i.e. President Order No.9 of 1970 (Repealed) and President Order No.3 of 1997, which also provide for a special provision for relaxation of such period upto certain limit by the President in hardship cases, where the required period of minimum five years service has remained short by few days or few months. For the argument sake, in case determination of right to pension of such category of Judges, who from time to time rendered less than five years actual service to their credit and retired, was yet to be made by the President then there was no necessity for insertion of such provision in both the President’s Order, as otherwise those hardship cases, having deficiency of few months, could have been separately dealt withduring such process of determination. This view of the matter gains further support from the fact that in case right to pension as regards honourable retired Judges of the High Court, having less than five years actual service was yet to be determined, then why since the year 1937 uptil now, neither any such representation was made nor any legal remedy was followed by the honourable retired Judges allegedly qualifying for pension in that category. In this regard, we also confronted many learned Sr. ASCs to show us a single instance either of pre-partition days or thereafter wherein such interpretation of law was advanced or such grievance was ever agitated by any honourable retired Judge of the High Court falling in this category or earlier to judgment under challenge, any judge of the High Court was ever granted right to pension/pensionary benefits on the basis of his length of service as such for a period of few months or few years, irrespective of minimum required length of actual service, as has been held through the judgment under challenge. In reply, they frankly conceded that they have not come across any such instance. All these facts taken together leave us in no doubt to hold that the judgment under challenge is outcome of improper assistance to the Court due to which number of relevant provisions of law necessary for a just and fair adjudication of this issue were entirely overlooked and the findings were built on entirely wrong premises.
75. Another aspect of the case, which has been argued before us with vehemence by some of the learned ASCs, is the legal status of the judgment under challenge “as to whether it is a judgment in “personam” or a judgment in “rem”. In this regard some of the learned ASCs have also made reference to the cases Pir Bukhsh versus Chariman, Allotment Committeee (PLD 1987 S. C. 145) and Federation of Pakistan versus Qamar Hussain Bhatti (PLD 2004 S.C. 77), which laid down the test of distinction between a “judgment in rem” and “judgment in personam”. In order to dilate upon the true meaning of these two legal phrases, some reproduction from the case of Pir Bukhsh (supra) will be useful, which reads as under:-
“The terms “in rem” and “in personam” are of Roman law used in connection with actio, that is, actio in rem and actio in personam to denote the nature of actions, and with the disappearance of the Roman forms of procedure, each of the two terms “in rem” and “in personam” got tagged with the word judgments to denote the end-products of actions in rem and actions in personam. Thus, according to the civil law an actio in which a claim of ownership was made against all other persons was an action in rem and the judgment pronounced in such action was a judgment in rem and binding upon all persons whom the Court was competent to bind, but if the claim was made against a particular person or persons, it was an action in personam and the decree was a decree in personam and binding only upon the particular person or persons against whom the claim was preferred or persons who were privies to them.”
76. However this aspect has hardly any relevancy to the facts of the present proceedings, as while dealing with this issue, we have felt no difficulty in forming our view, as from the very language of the judgment under challenge, particularly, from its paragraphs 31 to 34, as reproduced below, it is clear that for all intent and purpose appeal against a private person challenging the judgment of the High Court regarding his individual grievance was widened in scope and treated as a judgment in rem, benefit whereof was open endedly extended even to other honourable retired Judges who were not party to the said appeal and even to those who were at one stage of the proceedings party through some miscellaneous applications, but had earlier withdrawn the same during its pendency. In addition to it, benefit of the judgment under challenge was also extended to the honourable retired Judges of the Federal Shariat Court of Pakistan, though primafacie no such issue was involved in the proceeding. For ease of reference, such paragraphs of judgment under challenge are reproduced as under:-
“31. Before parting with this judgment, we deem it proper to point out that Chief Justice and Judges of Federal Shariat Court are also entitled to the grant of pension and pensionary benefits available to the retired Judges of the Supreme Court and High Courts under the Constitution. The appointment of the Chief Justice and Judges-of the Federal Shariat Court is made by the President under Article 203-C of the Constitution and the terms and conditions of service of the Judges of the said Court are also determined by the President, therefore, notwithstanding the fixed tenure of the Chief Justice and Judges of the Federal Shariat Court, they are entitled to the terms and conditions of service and remunerations including pension and pensionary benefits at par to the Judges of the Supreme Court and High Courts, by virtue of Article 203-C(9) of the Constitution which provides as under:–
“(9) A Chief justice who is not a Judge of the Supreme Court shall be entitled to the same remuneration, allowances and privileges as are admissible to a Judge of the Supreme Court and a Judge who is not a Judge of a High Court shall be entitled to the same remuneration, allowances and privileges as are admissible to a Judge of a High Court:
Provided that where a Judge is already drawing a pension for any other post in the service of Pakistan, the amount of such pension shall be deducted from the pension admissible under the clause.”
32. The Chief Justice or a Judge of Federal Shariat Court shall be entitled to the same salary, pension, allowances, privileges, including grant of leave/LPR and other benefits as are allowed to a Judge of the Supreme Court and High Court respectively. The plain reading of Article 203-C of the Constitution read with Article 205 and Fifth Schedule of the Constitution would show that right of pension and pensionary benefits of the Chief Justice and Judges of Federal Shariat Court notwithstanding the length of service or fixed term of tenure is recognized under the Constitution and consequently, this judgment subject to the Constitution, shall be equally applicable in respect of the right of pension and pensionary benefits admissible to the Chief Justice and Judges of the Federal Shariat Court.
33. In the light of foregoing reasons, we hold that all retired Judges of the High Courts who retire as such Judge in terms of Article 195 of the Constitution of Islamic Republic of Pakistan and the Chief Justices and Judges of the Federal Shariat Court notwithstanding the tenure appointment, are entitled to the pension and pensionary benefits in terms of Article 205 read with Fifth Schedule of the Constitution read with P.O. No.8 of 2007 and Article 203-C of the Constitution and all other enabling provisions of the Constitution as well as President’s Order No.2 of 1993 and P.O.No.3 of 1997, irrespective of their date of retirement and length of service. The Miscellaneous Applications bearing No.940 in C.A. 1021 (filed by Justice (R.) Muhammad Azam Khan), 968/05 in C.A. 1021/95 (filed by Syed Sharif Hussain Bokhari and Muhammad Aqil Mirza, retired Judges of Lahore High Court, 1004/05 in C.A. 1021/95 (filed by Ghulam Muhammad Qureshi), 1176/05 in C.A. 1021/95 (filed by Mr. Riaz Kayani retired Judge of Lahore High Court, 1190/05 in C.A. 1021/95 (filed by Rao Iqbal Ahmed Khan), retired Judge of Lahore High Court, 1368/05 in C.A. 1021/95 (filed by Dr. Munir Ahmad Mughal), retired Judge of Lahore High Court, 2079/06 in C.A. 1021/95 and 1273/06 in Const. P. 10/01 (both filed by Justice (R.) Saeed-ur-Rehman Farrukh), involving similar questions of fact and law, containing the prayer for impleadment of the applicants in the constitution petition as co-petitioner and in civil appeal as respondent, have already been allowed.
34. In consequence to the above discussion, the Constitution Petitions Nos. 8/2000, 10/2001, 26/2003, 34/2003, 04/2004 and 26/2007, filed by the retired Judges of the High Courts are allowed and the petitioners/ applicants in these petitions and miscellaneous applications, along with all other retired Judges of the High Courts, who are not party in the present proceedings, are held entitled to get pension and pensionary benefits with other privileges admissible to them in terms, of Article 205 of the Constitution read with P.O.No.8 of 2007 and Article 203-C of the Constitution read with paras 2 and 3 of Fifth Schedule and P.O. No.2 of 1993 and P.O.3 of 1997 from the date of their respective retirements, irrespective of their length of service as such Judges.”.
77. As a corollary of above discussion, it is also imperative and significant to mention here that the judgment under challenge was passed by a learned three member Bench of this Court consisting of M/s Muhammad Nawaz Abbasi, Muhammad Qaim Jan Khan and Muhammad Farrukh Mahmood, JJ on 06.3.2008, at a time when the whole superior judiciary of the Country was in kayos, crises and disarray due to unconstitutional measures taken by the then President/dictator General (Retired) Pervez Musharraf of Pakistan, who by hook or crook wanted to remain in power and in that perspective attempted to destroy the institutions in the Country, particularly targeted the superior judiciary, to bring them under his thumb and control. The discussion regarding this aspect of the case in the present proceedings is enough to this extent. However, in this context if any further detailed discussion is felt orderly, reference can be made to the judgment of a full Bench of this Court in the case of Sindh High Court Bar Association (supra), wherein this aspect has been extensively discussed and aptly attended to.
78. It is pertinent to mention here that while taking cognizance in these suo moto proceedings, we have exercised all care and caution to intimate all the Honourable Retired Judges of the High Court, who, in one or the other capacity have availed the benefit of judgment under challenge, to afford them due opportunity of hearing and for this purpose notices were also issued to the legal heirs of late Mr. Justice Ahmed Ali U. Qureshi.
Besides, offices of the Accountant General of all the four Provinces were also directed to bring on record all the relevant facts and figures in order to afford opportunity of hearing to all the concerned, but, as the judgment under challenge was given the status of judgment in rem, therefore, it is further made clear that irrespective of the fact whether some Honourable Retired Judges had notice or they participated in these proceedings or not, each one of them will be bound by the fallout of this judgment in the same manner as if they were party to these proceedings. This clarification is necessary as, particularly, the office of Accountant General Sindh and Balochistan have not come up before this Court in response to our order dated 3.4.2013, with clean hands, so much so that at one stage of these proceedings we had to initiate contempt proceedings against Deputy Accountant General Sindh for his negligent and irresponsible conduct in responding to our queries.
79. There is yet another aspect of this case, which has been argued before us by some of the learned ASCs and Honourable Retired Judges of the High Court, who have been either elevated or have resigned from their offices after the judgment under challenge. They have contended that since at the relevant time of their elevation/resignation judgment under challenge was in full force applicable and implemented, therefore, valuable rights have accrued in their favour on the principle of locus poenitentiae/legitimate expectancy which cannot be taken away lightly by way of some observations in this case. Indeed, such submissions of some of the newly elevated or honourable retired Judges of the High Court are in line with the ratio of the judgment under challenge, but at the same time it is to be noticed that the Honourable Judges, who have resigned from their office before completion of minimum five years service as such have to bless their own stars for this purpose because their mere oral assertion that they had to resign from their office under compelling circumstances, cannot be legally accepted. As regards the other Judges, who have taken oath of their office as High Court Judge after the judgment under challenge, suffice it to observe that since the said judgment has been declared by this Court as per incurium, null and void, therefore, any benefit on the principle of legitimate expectancy cannot hold the filed, more so, when as to their pensionary rights they are to be governed by the law in force at the relevant time i.e. Article 205 of the Constitution read with its Fifth Schedule and President’s Order No.9 of 1970 or 3 of 1997, regarding which a detailed discussion has already been made in the preceding paragraphs of this judgment, and not by the dicta laid down in the judgment under challenge, which has been declared “per incuriam”.
80. Another angle for looking at the interpretation of the relevant Constitutional provision and the President’s Order, to view the right to pension of the honourable retired Judges of the High Court, having less than five years actual service, is admitted long standing convention/usage of its interpretation which has given it a status of statutory backing on the principle of “Optima Est Legis Interpres Consuetudo”, which is defined in Black’s Law Dictionary Sixth Edition as under:-
“Custom is the best interpreter of the law”
81. Discussing this legal principle as a rule of construction in the case of Sheppard v. Gosnold (1672 Vangham 159, P-169), Vaughan, C.J. observed that where the penning of a statute is dubious, long usage is just a medium to expound it by; for jus et norma loquondi is governed by usage, and the meaning of things spoken or written must be as it hath constantly been received to be by common acceptation. General usage under a statue may make for a practical construction of it which will be accorded great consideration by the courts. General usage, of long duration therefore unquestioned, will frequently be of great assistance in the search of legislative meaning. The meaning publicly given by contemporary or long professional usage, is presumed to be a true one, even when the language has etymologically or popularly a different meaning. It is obvious that the language of a statute must be understood in the sense in which it was understood when it was passed, and those who lived at or near the time when it was passed, may reasonably be supposed to be better acquainted than their descendants with the circumstances to which it had relation, as well as with the sense then attached to legislative expressions.This view of the matter is fortified from the case of National and Grindlays Bank Ltd. v. Municipal Corporation for Greater Bombay (AIR 1969 SC 1048) and also from the judgment of this Court in the case of Asad Ali (supra), which lays down as under:-
“95. ……..a constitutional convention once established has the same binding effect as a Constitutional provision. We may, however, add that in the case of an unwritten Constitution, conventions play a more prominent and dominant `role in the interpretation of Constitutional provisions than in the case of written Constitution. Therefore, while explaining the Constitutional provision of a written Constitution on the basis of a convention, it must be shown that either a convention has developed with the passage of time side by side with the enforcement and interpretation of the Constitution or a convention already existing on the date of enforcement of a written Constitution, has either received a statutory, recognition in the Constitutional document or has been established as a Constitutional convention on account of conscious and deliberate obedience of the convention by those who are charged with the duty of interpreting or enforcing the Constitution. Therefore, when an already existing convention is followed in interpreting a provision of a written Constitution consistently and consciously over a length of time by those who are responsible under the Constitutional mandate to interpret and enforce the said provision of Constitution, the convention is established as a Constitutional convention and any breach thereof may be treated by the Courts as a breach of the provision of the Constitution to which the convention relates. …..”
82. Indeed, right to pension of every honourable retired Judge of the High Court in our country is to be determined strictly in line with applicable Article 205, its Fifth Schedule read with applicable P.O No.9 of 1970 or P.O. No.3 of 1997, but for our better understanding, we have also attempted to further divulge into the question of condition of minimum length of service for honourable retired Judges of High Court as one of the basic requirement to earn the right to pension. For this purpose, we have over seen some relevant Constitutional and statutory provisions in force on this subject in the neighbouring countries, India, Bangladesh and Sri Lanka, which are in substance pari materia to ours and noticed that in each of these countries without any exception there is requirement of length of service of minimum five years or more for acquiring such right as a retired Judge of the High Court, while in some other countries it is stretched upto 10/12 years, and this long standing convention, having the force of law, is being religiously adhered to.
83. In so far as the arguments of Rana M. Shamim, learned ASC who represented honourable retired Justice Dr. Ghous Muhammad and Mr. Afzal Siddiqui, learned ASC who represented honourable retired Justice Syed Najmul Hassan Kazmi, with reference to Article 270AA 3(b) of the Constitution, are concerned, we find much force in their contentions that they shall be deemed to have retired on attaining their respective age of superannuation and as such both of them have completed minimum five years actual service to their credit as Judge of the High Court, which has made them entitled for the benefit of pension irrespective of the judgment under challenge. Thus, for this purpose, they have their own entitlement for pension, independent of judgment under challenge.
84. The submissions made by some of the learned ASCs that “Additional Judges” of the High Court, being covered with the definition of “Judge” as defined under Article 260(1)(c) of the Constitution, are equally entitled for right to pension like permanent judges of the High Court, have much force as at one place the definition of ‘Judge’ in the above referred Article of the Constitution clearly defines that in relation to the High Court, a person who is an Additional Judge of the High Court, is also included in the definition of a Judge and at the other place under Article 197 of the Constitution, relating to appointment of Additional Judges also, no discrimination is identified for the purpose of holding them disentitled for right to pension like any permanent judge of the High Court, who, in terms of Article 195 of the Constitution, will retire on attaining the age of 62 years, unless he resigns sooner or removed from the office in accordance with the Constitution. It will be also pertinent to mention here that under paragraph-2 of the President’s Order 3 of 1997, “Additional Judge” and “Judge” of the High Court have been separately defined as under:-
“2(c) “Additional Judge” means a Judge appointed by the President to be an Additional Judge.”
“2(f) “Judge” means a Judge of High Court and include the Chief Justice, and Acting Chief Justice and an Additional Judge.”
From the reading of above two definitions, again it is clear that definition of a Judge of the High Court also includes additional judge, therefore, no exception could be taken in determination of his right to pension for the reason that he has not yet been appointed as permanent judge of the High Court in terms of Article 193 of the Constitution. Another added reason in support of this conclusion emerges from the combined reading of paragraph-2 of the Fifth Schedule to Article 205 of the Constitution, speaking about “every judge”, and the definitions of “judge” under Article 260(1)(c)(b) of the Constitution and paragraph-2(f) of President’s Order 3 of 1997, which leave no room for exclusion of “Additional Judge” from the category of “every judge” within the meaning of paragraph-2 (ibid). However, it is necessary to state and clarify here that in such eventuality, for claiming right to pension a retired judge of the High Court “additional judge” will also have to have minimum five years actual service to this credit.
85. In view of the foregoing discussion, we find that Additional Judge of the High Court will be entitled for equal treatment like a permanent Judge of the High Court for his right to pension, but subject to subsisting determination of such right by the President in terms of Article 205, read with Fifth Schedule of the Constitution and the applicable President’s Order.
86. When we go into further details of this litigation, which earlier ended up in the form of judgment under challenge, we find that on 19.10.1994, retired Justice Ahmed Ali U. Qureshi, who had initially joined Sindh Judiciary on 11.6.1953 as sub-Judge, thereafter elevated as Additional Judge of the High Court of Sindh in July, 1985, wherefrom he retired on 25.10.1988, after rendering actual service in that capacity for a period of three years and four months approximately, upon his retirement was found entitled for pension at the rate of Rs.4,200/- per month, as retired District Judge. The payment of this pension amount was in addition to a sum of Rs.2,100/- as cost of living allowance payable to a judge of the High Court under paragraph 16-B of the President’s Order 9 of 1970, as amended by President’s Order 5 of 1988. The pension of the petitioner was revised from time to time, but when the petitioner approached the Accountant General Sindh, Karachi to avail the benefit of President’s Order 2 of 1993, he was denied such benefit on the ground that since he had not put up minimum five years actual service as Judge of the High Court, therefore, he was not entitled for its benefit.
87. In the above discussed background, in order to avail the benefit of President’s Order 2 of 1993, the petitioner had brought the said petition before the High Court in person with the following prayers:-
“a) To declare the P.O. 9 of the 1970 so far its provision in Part III with regard to pension are repugnant to the Constitution of the Islamic Republic of Pakistan are void.
b) To order the Respondents to pay the Petitioner maximum pension payable to a Judge of the High Court under P.O. 2 of 1993 alongwith arrears or in alternative.
e) To order the Respondents to fix the pension of the Petitioner at Rs.8,190/- per month admissible to him as Civil Servant, add to it increments in pension allowed from time to time and pay all the arrears alongwith markup for the period this amount is illegally retained by Respondent No.4.”
88. This petition was strongly resisted by the respondents on various legal grounds regarding disentitlement of the petitioner, however, narration of facts was not disputed. It was in this background of the litigation that learned Division Bench of the High Court of Sindh, wherein one of its member was Justice Ms. Majida Rizvi (as she then was), delivered its judgment in the following terms.
“11. In the result, the petition is allowed and the respondents are liable to fix the petitioner’s pension at the maximum pension as allowed under President’s Order No.2 of 1993. The parties are left to bear their own costs.”
89. A perusal of this judgment of the High Court of Sindh dated 08.2.1995, which was subsequently impugned before the apex Court in the earlier proceedings, reveals that the main ground which found favour for grant of such relief to the petitioner was the principle laid down in the case of I.A Sharwani v. Government of Pakistan (1991 SCMR 1041) was attracted, operative part whereof reads as under:-
“9. We are, consequently, of the view that rights and privileges admissible to the petitioner in respect of his pension are now governed under President’s Order No.2 of 1993. As has been held by the Supreme Court in I.A. Sharwani’s case, instruments such as P.O. 2 of 1993 are constitutional instruments, therefore, full effect must be given to them. We, therefore, find no force in the contentions raised on behalf of the respondents. Learned Standing Counsel has also adopted the arguments advanced by the learned A.A.G. but as we have just pointed out, we are unable to agree with his contentions.
10. Although, it has also been contended by the petitioner in the alternative that, in any case, he is entitled to a pension of Rs.8,190 in accordance with the Civil Servants Rules, but since we have accepted his plea that P.O. 2 of 1993 is applicable to the petitioner, it is not necessary for us to consider the second contention of the petitioner. However, it will always be open for the petitioner to take such a plea in the future if the circumstances so require.”
90. After scanning the whole record in this case, we are somewhat surprised to see that nowhere in the judgment dated 08.2.1995, which was subsequently challenged by the Accountant General Sindh before the apex Court, question of entitlement of pension to every judge of the High Court, irrespective of his length of service, was involved or decided by the High Court, rather, it was held that at the time of retirement of the petitioner from service as Judge of the High Court, the rights and privileges as to his pension had not yet been determined by the President in pursuance of paragraph 2 of the Fifth Schedule, but as was provided by said paragraph, till such rights and privileges were determined by the President, a Judge of the High Court was entitled to such privileges, allowances and rights, to which he was entitled immediately before the commencing day, while such day has been specified by Article 265 of the Constitution as the 14th day of August, 1973. In our opinion, remaining oblivious of all these legal and factual deficiencies and the limited scope of appeal against the impugned judgment, floating on the surface of record, is yet another strong ground to justify declaring the judgment under challenge per incuriam.
91. At the cost of repetition, it will be worthwhile to reproduce here paragraph-2 of Fifth Schedule to Article 205 of the Constitution as all along it has been the center point of arguments advanced in this case on behalf of honourable retired judges of the High Court etc, who have been the beneficiary of the judgment under challenge.
Remuneration and Terms and Conditions of Service of Judges.
2. Every Judge of a High Court shall be entitled to such privileges and allowances, and to such rights in respect of leave of absence and pension, as may be determined by the President, and until so determined, to the privileges, allowances and rights, to which, immediately before the commencing day, the Judges of the High Court were entitled”
In the first place, simple reading of this paragraph alongwith corresponding language of Article 221 of the Government of India Act, 1935; relevant paragraph of the High Court Judges Order, 1937; Article 221(2) of the Constitution of India, 1949 (pre 54th amendment and post 54th amendment); paragraph 4(2) relating to High Court Judges in the Third Schedule to the Constitution of Islamic Republic of Pakistan, 1956; Article 124 read with paragraph-2 of the Second Schedule to the Constitution of Islamic Republic of Pakistan, 1962, relating to High Court; and above reproduced paragraph-2 of the Fifth Schedule to Article 205 of the Constitution of 1973, read with President’s Order 9 of 1970 or President’s Order 3 of 1997, leads us to an irresistible conclusion that these provisions for the purpose of determination of right to pension of the honourable retired judges of the High Court are “pari materia” for all intent and purposes. In this background when we proceed further to look into the language of the High Court Judges Order, 1937, President’s Order 9 of 1970 and President’s Order 3 of 1997, we find no ambiguity at all that the determination, as to the right to pension required to be made by the President under the Constitution, was made from time to time for every judge of the High Court. Therefore, to say that determination of right to pension for the honourable retired judges of the High Court, who have rendered less than five years actual service is yet to be made is absolutely fallacious and misconceived. This view of the matter gains further support from the fact that the determination of right to pension to be made on each occasion, was to be made for every judge of the High Court at one go and not in piecemeal; and this is what exactly through all these instruments his Majesty in Council and the President have done in unequivocal terms that at all times minimum length of service, (now five years), was the bottom line to earn the right to pension.
Not only this, but a combined reading of all the three orders i.e. High Court Judges Order, 1937, President’s Order 9 of 1970 and President’s Order 3 of 1997 in sequence also reveals that such determination of “right to pension” of “every judge” of the High Court was always made and continued without break since 1937 uptill today.
92. To add force to the above interpretation of paragraph 2 of the Fifth Schedule to Article 205 of the Constitution, we also cannot overlook two maxims of similar nature “Expressum Facit Cessare Tacitum” meaning thereby that “what is expressed makes what is implied to cease”, and “expressio unis est exclusio alterius” meaning thereby that “the express mention of one thing implies the exclusion of another”. Thus, where a statute contains express covenants or mention of things and contingencies no other implication of any covenant or contingency on the same subject matter can be raised. In other words, where the legislature postulates and specifies some thing for some category of persons only, it, inline with these maxims, impliedly exclude others. Indeed, the principle propounded in these two maxims, in certain situations, can have dangerous repercussions, therefore, it is to be applied with extra care and caution, but in the present case, there is absolutely no dispute or denial of the fact that right from the year 1937, while exercising powers, his Majesty in Council or the President, as the case may be, have from time to time laid down the criteria for entitlement of pensionary benefits for every retired judge of the High Court, and for this purpose, the relevant provisions of Judges Order 1937 or two President’s Order, which are “pari materia”, give a clear meaning of exclusion from the entitlement of pensionary benefits, all those honourable retired judges of the High Court, who have, under the order of 1937 or President’s Orders 9 of 1970 and 3 of 1997, not completed minimum twelive/five years actual service to earn right to pension.
A reading of paragraph 2 and 3 in any manner, conjunctive or disjunctive, makes it abundantly clear that the President at the time of determination of right to pension for a retiring honourable judge of the High Court has made not less than five years actual service as bottom line for his entitlement/right to pension with full intent and, thus, excluded all those who have not met this minimum threshold of actual service. But in some cases subject to other prescribed and applicable provisions like proviso to paragraph-13(c)of President’s Order No.9 of 1970 or paragraph 29 of the President’s Order 3 of 1997, read with S.R No.423 (ibid), relating to automatic or otherwise addition of certain period in it to make up deficiency in hardship cases. The arguments advanced by some of the learned ASCs that Fifth Schedule to Article 205 of the Constitution is a subconstitutional legislation, in our opinion, are also meritless, therefore, any argument built on these premises are devoid of force. At the cost of repetition, we may mention here that right to determine conferred to the President under paragraph 2 (ibid) is not a right limited to the extent of determination of quantum of pension for every judge, but in the first place, President has to determine the criteria for honourable retired judge of the High Court to earn right to pension, which exercise has been already undertaken explicitly and in unambiguous terms in both the earlier President’s Order 9 of 1970 and President’s Order 3 of 1997 (reproduced above). To put it in other words, it is the President who has been exclusively delegated with the power, in the first place to determine the entitlement/right to pension of every honourable retired judge of the High Court; and, in the second place, to determine the quantum of such pensionary benefit, which exercise has been repeatedly undertaken by him in very clear terms. While discussing the issue relating to entitlement of pensionary benefits of honourable retired judges of the High Court, having less than five years service, another strong ground which has emerged for our consideration from admitted facts, and carries force of convention/usage is that learned ASCs addressing the Court despite specific suggestions to this effect, could not cite a single instance from the Sub-continent where the honourable retired judges of the High Court, having rendered less than the minimum required period of actual service, envisaged as condition for entitlement for right to pension under the High Court Judges Order 1937, President’s Order 9 of 1970 or President’s Order 3 of 1997, ever claimed or got pension on the basis of interpretation of paragraph 2 and 3 read with applicable President’s Order in the manner as erroneously interpreted in the judgment under challenge. We, therefore, have no hesitation to hold that for the preceding reasons and further reasons to be recorded hereinafter, the judgment under challenge falls in the category of per incuriam and makes it without jurisdiction and nullity in the eyes of law, as if it never existed at all.
93. After having answered the first two moot points, when we come to the last point relating to the fate of pensionary benefits already availed by the honourable retired judges of the High Court, though having less than five years actual service to their credit, on the basis of the judgment under challenge, we deem it proper that before undertaking any further discussion in this regard, to prepare a statement in the form of a chart, containing the relevant dates and financial repercussions, as noted hereunder.
Calculation/Statement of Accounts pertaining to Pension of
Hon’ble Judges of High Courts Lahore High Court
S.No. Name of Hon’ble Judge/ or widows of Hon’ble Judges Date of retirement/
resignation/
removal Actual Length of
(Y-M-D) Total Pension Drawn
including
Annual Pension
–
–
6,187,824
24,386,404
4-Apr-97
03-01-23
03-10-07
24,392,330
Khurshid
13,662,023
24,027,865
519,172
519,173
519,172
23,143,378
Nawaz Bhatti
20,578,426
3-Oct-12
04-01-few
188,768
26,174,540
Sub-Total (Lahore High Court)
Peshawar High Court
S.No. Name of Hon’ble Judge/ or widows of Hon’ble Judges Date of
retirement/
resignation/
Length of
including
Annual
Khan
519,172
18,513,679
Khan
13,599,009
Raza Khan
Khan
Khan
Sub-Total (Peshawar High Court) 397,542,4346,177,04174,124,492
S.No. Name of Hon’ble Judge/ or widows of Hon’ble Judges Date of
retirement/
resignation/
Length of
including
Annual
Mehmood
Sindh High Court
S.No. Name of Hon’ble Judge/ or widows of Hon’ble Judges Date of retirement/
resignation/
removal Actual Length of
(Y-M-D) Total Pension Drawn
including
Annual Pension
519,173
4-Oct-12
(Note: All the details and particulars incorporated in this chart are based on the data collected from the case record and the statement of accounts furnished before this Court by the office of Accountant Generals of all the four Provinces, thus, any reference to above chart in this judgment shall not be deemed as final adjudication as regards facts and figures incorporated therein.)
94. Now taking up the issue of applicability and effect of this judgment after the implementation of judgment under challenge, so as to see whether it should have prospective or retrospective applicability, the first thing to be noted is that in our short order dated 11.4.2013 we have declared that the law enunciated in the judgment under challenge is “per incuriam”. The fallout of such declaration is that it is a judgment without jurisdiction, thus, for all intent and purposes not to be quoted as precedent, rather liable to be ignored. A useful discussion on the concept and import of “per incuriam” finds place in the case of Sindh High Court Bar Association (supra), which reads as under:-
37. `Incuria’ literally means “carelessness”. In practice per incurium is taken to mean per ignoratium and ignored if it is rendered in ignoratium of a statute or other binding authority.
38. What is mean by giving a decision per incurium is giving a decision when a case or a statute has not been brought to the attention of the court and they have given the decision in ignorance or forgetfulness of the existence of that case or that statute or forgetfulness of some inconsistent statutory provision or of some authority binding on the court, so that in such cases some part of the decision or some step in the reasoning on which it was based was on that account demonstrably wrong, so that in such like cases, some part of the decision, or some step in the reasoning on which it is based, is found, on that account to be demonstrably wrong. See Nirmal Jeet Kaur’s case {2004 SCC 558 at 565 para 21), Cassell and Co. Ltd.’s case (LR 1972 AC 1027 at 1107, 1113, 1131), Watson’s case {AELR 1947 (2) 193 at 196, Morelle Ltd.’s case (LR 1955 QB 379 at 380), Elmer Ltd.’s case {Weekly Law Reports 1988 (3) 867 at 875 and 878), Bristol Aeroplane Co.’s case {AELR 1944 (2) 293 at page 294} and Morelle Ltd.’s case {AELR 1955 (1) 708).
39. The ratio of the aforesaid judgments is that once the Court has come to the conclusion that judgment was delivered per-incurium then Court is not bound to follow such decision on the well known principle that the judgment itself is without jurisdiction and per-incurium, therefore, it deserves to be over-ruled at the earliest opportunity. In such situation, it is the duty and obligation of the apex Court to rectify it. The law has to be developed gradually by the interpretation of the Constitution then it will effect the whole nation, therefore, this Court, as mentioned above, is bound to review such judgments to put the nation on the right path as it is the duty and, obligation of the Court in view of Article 4, 5 (2) read with Article 189 and 190 of the Constitution.”
95. Apart from the above, it will be seen that there can be no two views about the powers of legislature to legislate any law and to make it applicable prospectively or retrospectively or from any particular date, with clear/express intendment in this regard.
However the procedural law, even though not expressly provided for, normally holds its applicability retrospectively as no one can claim vested right in the matter of procedure. There are number of precedents where the law has been so legislated or amended and made applicable retrospectively to destroy the vested rights of certain individuals and such actions when challenged, have been upheld by the Court, to be legal. If any case law is needed to fortify this view, reference can be made to the case of Asad Ali (supra) as under:-
“135. It is a well-settled law that a new or an amending statute touching the, vested rights of the parties operates prospectively unless the language of the legislation expressly provides for its retrospective operation. However, the presumption against the retrospective operation of a statute is not applicable to statutes dealing with the procedure as no vested right can be claimed by any party in respect of a procedure. The only exception to the retrospective operation of a procedure law is that if by giving it a retrospective operation, the vested right of a party is impaired then to that extent it operates prospectively. The above principles applicable to a new or an amending statute, however, cannot be applied strictly to the law declared by the Courts through interpretative process. The Courts while interpreting a law do not legislate or create any new law or amend the existing law. By interpreting the law, the Courts only declare the true meaning of the law which already existed. Therefore, to that extent the law declared by the Court is applicable from the date the law is enacted. However, as under the Constitution only the decision- of this Court on a question of law or in so far it enunciates a principle of law is binding on all Courts, and Authorities, the possibility that a provision of law or Constitution before it came up for interpretation before this Court, was interpreted or understood differently could not be ruled out. Therefore, if as a result of interpretation of a law or a Constitutional provision by this Court, the existing interpretation or meaning of the law is changed, then it is more of a matter of public policy based on justice, equity and good conscious than a rule of law, that an innocent person who acting bona fidely on the prevailing interpretation or meaning of law created a liability or acquired a right, be protected against the change brought about in the existing state of law as a result of its interpretation by this Court. However, where a person or authority acts in defiance of a clear provision of law or Constitution or the interpretation by the Court does not have the effect of changing the prevailing understanding of the meaning of the provision of law or the Constitution, the question of, protecting any one against the effect of such interpretation by the Court on the principle that the effect of interpretation by given prospective operation, does not arise. For example, if a particular provision of law or the Constitution has not come up for interpretation before any Court and the functionaries responsible for giving effect to it have consistently interpreted the said provision and understood it in a particular scene and acted upon it accordingly over a length of time, but all of a sudden the functionaries decide to follow a new practice by changing the interpretation of that provision. However, when the matter is brought before the Court, the solitary deviation by the functionaries made on the basis of changed interpretation is struck down by the Court as illegal and unconstitutional and the previous interpretation and practice followed by the functionaries is upheld being in accordance with the law and Constitution. In that event, neither the functionaries nor the person deriving any benefit on the basis of the new practice founded on the changed interpretation of the provision of law or the Constitution could defend the illegality or unconstitutionality of the action on the principle that the interpretation given by the Courts be applied prospectively and not retrospectively, as in such a case the Court is striking down the very first deviation of the functionaries on the ground that the deviation from the previous practice/interpretation is illegal and unconstitutional. The principle that the change in the state of law as a result of interpretation by this Court is to be given effect to from the date the Court interpreted the law is also not applicable in those cases which could be brought under challenge in accordance with the law before or after the interpretation of the provision by this Court. Even otherwise, as pointed out by us earlier, this Court while adopting an interpretation of the provision of the law or the Constitution which is at variance from the existing view, it is only declaring the correct law as an apex Court. By doing so, it neither legislates any new law nor amends the existing law. Therefore, while interpreting a provision of law or the Constitution, this Court can also provide the date from which the interpretation given by it is to come into effect, keeping in view the nature of the provision it is interpreting, the likelihood of possible prejudice which may be caused to an individual or a body of individual and the requirement of justice in the case.”
[Also see: Golak Nath v. State of Punjab (AIR 1967 SC 1643) and Messrs Haider Automobile Ltd v. Pakistan (PLD 1969 SC 623)]
96. Similarly, depending upon the facts and circumstances of a case, the Supreme Court, having vast powers, while delivering its judgment or making an order can lay down the parameters for its implementation including the option of its retrospective applicability from any particular date, so as to make sure its effective fallout, as the situation in a particular case may demand. For doing so, one of the underlining principle is “Actus Curiae Neminem Gravabit” (an act of the Court shall prejudice no man).
As, no body should suffer due to any act, omission or mistake of the Court. Similarly no body should take undue advantage or benefit of any act, omission, mistake or legal error committed by the Court and to avoid adverse effect of such judgment, powers are to be exercised by the Court in the manner to save it from becoming an abuse of the process of law. In the present proceedings as highlighted earlier, due to judgment under challenge public exchequer has been unjustly burdened with the liability of Rs.1,647,130,156/-,besides additional payment of Rs.32,604,359/- towards monthly pension, thus, in all fairness such mistake of law is to be cured in a manner to repair such huge financial loss to the public exchequer.
97. While discussing the fallout of the judgment under challenge having been declared per incurium, we find that this Court, in exercise of its jurisdiction under Articles 184(3), 187 and 188 of the Constitution, in order to do complete justice and stick to the norms of equity and fair play is not denuded of its powers to order implementation of this judgment retrospectively from the date of the judgment under challenge. Dilating further upon the maxim “Actus Curiae Neminem Gravabit” (an act of the Court shall prejudice no man), we find that concept of “ prejudice no man” visualized in it, includes not only individual parties before the Court but also any juristic person such as corporations, banks, government functionaries, including Federal or Provincial Government. Thus, in the instant proceedings due to the act or mistake of the Court no prejudice should be caused to the interest of the Federal or Provincial Government like any other ordinary litigant before the Court. Moreover, when we have declared the judgment under challenge “per incurium”, its natural fallout is that whosoever has availed its benefit in any form he is bound to restore it in favour of the other, whose interest has been prejudiced due to such act of the Court. It is also to be noted here that all the sums so paid by the Government to honourable retired judges, exceeding Rs.1.64 billion (Rs.1,647,130,156/-) have been paid from the public exchequer, which is otherwise a sacred public trust, therefore, its improper use or mishandling in any form is to be checked and controlled at all costs.
98. The discussion made in the last two paragraphs of this judgment gains full support from the case of South Eastern Coalfields Ltd. v. State of M.P. (AIR 2003 SC 4482), wherein after detailed discussion with reference to several other cases on the doctrine of “actus curiae neminem gravabit”, the Indian Supreme Court observed as under:-
“26. That no one shall suffer by an act of the Court is not a rule confined to an erroneous act of the Court; the ‘act of the court’ embraces within its sweep all such acts as to which the court may form an opinion in any legal proceedings that the Court would not have so acted had it been correctly apprised of the facts and the law. The factor attracting applicability of restitution is not the act of the Court being wrongful or a mistake or error committed by the court; the test is whether on account of an act of the party persuading the Court to pass an order held at the end as not sustainable, has resulted in one party gaining an advantage which it would not have otherwise earned or the other party has suffered an impoverishment which it would not have suffered but for the order of the Court and the act of such party. The quantum of restitution, depending on the facts and circumstances of a given case, may take into consideration not only what the party excluded would have made but also what the party under obligation has or might reasonably have made. There is nothing wrong in the parties demanding being placed in the same position in which they would have been had the Court not intervened by its interim order when at the end of the proceedings the Court pronounces its judicial verdict which does not match with and countenance its own interim verdict. Whenever called upon to adjudicate, the Court would act in conjunction with what is the real and substantial justice. The injury, if any, caused by the act of the Court shall be undone and the gain which the party would have earned unless it was interdicted by the order of the court would be restored to or conferred on the party by suitably commanding the party liable to do so. Any opinion to the contrary would lead to unjust if not disastrous consequences. Litigation may turn into a fruitful industry. Though litigation is not gambling yet there is an element of chance in every litigation. Unscrupulous litigants may feel encouraged to approach the Courts, persuading the court to pass interlocutory orders favourable to them by sues are yet to be heard and determined on merits and if the concept of restitution is excluded from application to interim orders, then the litigant would stand to gain by swallowing the benefits yielding out of the interim orders even though the battle has been lost at the end. This cannot be countenanced. We are, therefore, of the opinion that the successful party finally held entitled to a relief assessable in terms ofmoney at the end of the litigation, is entitled to be compensated by award of interest at a suitable reasonable rate for the period for which the interim order of the Court withholding the release of money had remained in operation.”
99. Besides, it is germane to observe here with reference to the arguments of some learned ASCs, insisting for only prospective applicability of this judgment, that this Court has not legislated or laid down any new law through its judgment in hand, but only interpreted and enunciated correctly an existing law, which is in force in the form of Article 205 of the Constitution with its Fifth Schedule and President’s Order 3 of 1997, since the year 1973 and 1997 respectively. Therefore, premised on these admitted facts there is no tenable legal ground to hold the applicability of this judgment prospectively and not retrospectively, so as to curb the mischief of earlier erroneous enunciation/interpretation of law.
100. From the earlier discussion as regards the scope and applicability of paragraph No.29 of President’s Order 3 of 1997 (as reproduced earlier) read with regulation No.423 of CSR, we find that, prima facie, the honourable retired Judges shown in the above reproduced chart, at serial No.18,20,29,31 & 35 (M/s Justice Dr. Munir Ahmad Mughal, Justice Ghulam Mahmood Qureshi, Justice Muhammad Muzammal Khan, Justice Fazal-eMiran Chowhan, and Mst. Shahnaz Ansari w/o Late Justice Tanveer Bashir Ansari) from the Lahore High Court; serial No.9 & 13
(M/s Justice Fazal-ur-Rehman, and Justice Muhammad Daud Khan) from the Peshawar High Court; serial No.2 (Mr. Justice Mehta Kelash Nath Kohli) from the Balochistan High Court; and, serial No.4,5&6 (M/s Justice Majida Rizvi, Justice Dr. Ghous Muhammad, and Justice Amanullah Abbasi) from the Sindh High Court, having actually served for different periods, but for more than four years or four years nine months (as the case may be) in each case and in some cases just few days less than five years, are eligible to lay their claim for pensionary benefit before the competent authority (President) by following due process of law in line with paragraph-29 of President’s Order 3 of 1997 and applicable regulation No.423 of CSR, which reads as under:-
“423. (1) A deficiency of a period not exceeding six months in the qualifying service of an officer shall be deemed to have been condoned automatically.
(2) The authority competent to sanction pension may condone a deficiency of more than six months but less than a year subject to the following conditions, namely:-
(a) The officer has died while in service, or has retired under circumstances beyond his control, such as on invalidation or the abolition of his post, and would have completed another year of service if he had not died or retired.
(b) The service rendered by him had been meritorious.”
101. However, those honourable retired judges of the High Court, who have retired as such before coming into force of President’s Order 3 of 1997 on 12.2.1997, for the purpose of making up similar deficiency will be governed by the proviso to paragraph-13(c) of President’s Order 9 of 1970, providing for making up deficiency upto three months or less and not by paragraph-29 of the President’s Order 3 of 1997 read with regulation No.423 of CSR. We, therefore, expect that if any such representations or fresh representations are made by the honourable retired judges qualified under either of the two categories of retired judges, before the President of Pakistan, he will decide the same within two month so as to fairly adjudicate and safeguard the interest of these honourable retired Judges in accordance with applicable law.
102. Since during his arguments, Mr. Munir A. Malik, learned Sr. ASC made reference to a subsequent judgment of the High Court of Sindh dated 1.7.2008, in C.P No.D-24/2002 (Re: Mrs. Majid Rizvi v. Federation of Pakistan and others) relating to the same controversy, passed in favour of one honourable retired Judge of the High Court and also placed on record copy of said Petition under Article 199 of the Constitution, alongwith the copy of judgment passed therein, it became imperative for us to discuss this aspect of the case also. A perusal of contents of the said petition reveals that though in the petition a reference to the earlier judgment of a Division Bench of the High Court dated 02.2.1995 in C.P No.D-2308/1994 (Re: Ahmed Ali U. Qureshi v. Federation of Pakistan and others) was made, but the prayers made by the petitioner were for seeking directions to the President of Pakistan for condonation of deficiency in her length of service and to determine the payable pension of the petitioner as a retired judge of the High Court notwithstanding her length of service; as before her retirement she had served as a Judge of the High Court for a period of 04-years, 07-months and 12-days. The learned Division Bench of the High Court, while passing its judgment dated 1.7.2008, had not made any independent discussion on the merits of the contentions raised before it by the petitioner, but simply placed reliance upon the judgment under challenge dated 6.3.2008, which was referred before it. In such circumstances, it goes without saying that as the above referred judgment has now been declared per incuriam, therefore, as its corollary, the judgment dated 1.7.2008 in C.P No.D-24/2002, is also liable to be set aside and the petition has to be dismissed. We accordingly order so. However, it will be open for the honourable retired Justice Majida Rizvi that she may apply afresh to the President of Pakistan for availing the benefit of relevant provisions of President Order No.3 of 1997 applicable to her case; paragraph-29 whereof, read with regulation No.423 of CSR, inter alia, provides for automatic making up of deficiency in the length of service upto six months.
103. As some of the learned ASCs on behalf of the Honourable Retired Judges have also attempted to present their case on the cardinal principle of independence of judiciary, including financial independence, and National Judicial Policies (NJP) 2009 and 2012, we may mention here that indeed the “JUDICIARY”, as a third pillar of the State needs to be independent in all respects, including its financial matters, but at the same time such independence is subject to the mandate of the Constitutional provisions. A bare reading of Part VII Chapters 1 to 4 i.e. Articles 175 to 212 together with Article 2-A and some other relevant constitutional provisions define such independence of the judiciary, thus, it cannot be argued that the issue regarding right to pension for retired Judges of the High Court, which is thecrucial point under consideration in the present proceedings, has as such any nexus to the financial independence of judiciary as a institution. Similarly, reference to National Judicial Policies 2009 & 2012 confer or create no right to pension beyond the intent of the legislature, as evident from the plain reading of Article 205 read with Fifth Schedule of the Constitution and the applicable President’s Orders 9 of 1970 or 3 of 1997.
104. Apart from various Constitutional provisions and Presidential orders reproduced and discussed above, some of the learned ASCs have also made reference of other Presidential Orders Nos.1 of 1968, 5 of 1983, 3 of 1990, 2,6,7 & 9 of 1991, 1 & 2 of 1993, 1&2 of 1994, 3&5 of 1995, 2 of 1997, 1,2&3 of 1998, 2&3 of 2000, 1,2&3 of 2001, 2 of 2004, 1 to 4 of 2005, and 2&3 of 2006. However, in our opinion, in so far as the issue regarding review of judgment under challenge is concerned except interpretation of relevant Constitutional provisions and President’s Orders 9 of 1970 and 3 of 1997, on the subject of right to pension of honourable retired Judges of the High Court, having less than five years actual service as such, no detailed discussion on these Presidential Orders is required. More so, as all these President’s Orders relate to the increase in salaries and other benefits of the judges of the superior judiciary or grant of some additional facilities to them from time to time while in actual service or after retirement, as the case may be. But have no nexus to the determination of right to pension by the President in terms of paragraph-2 of the Fifth Schedule to Article 205 of the Constitution.
105. When we look at the individual cases of some of the honourable retired Judges of the High Court, we find that M/s Mian Saeed ur Rehman Farrukh and Khan Riaz-ud-Din Ahmad,JJ, are the two affectees of judgment of the Apex Court in the case of Al-Jehad Trust, (supra). In this case when the question of appointment of judges in the superior judiciary came up for consideration before a five member Bench, inter alia, following discussion was made:-
“The independence of Judiciary is inextricably linked and connected with the constitutional process of appointment of Judges of the superior Judiciary. The relevant constitutional provisions are to be construed in a manner which would ensure the independence of Judiciary. A written Constitution is an organic document designed and intended to cater the need for all times to come. It is like a living tree, it grows and blossoms with the passage of time in order to keep pace with the growth of the country and its people. Thus, the approach, while interpreting a constitutional provision should be dynamic, progressive and oriented with the desire to meet the situation, which has arisen, effectively. The interpretation cannot be a narrow and pedantic. But the Court’s efforts should be to construe the same broadly, so that it may be able to meet the requirement of ever changing society. The general words cannot be construed in isolation but the same are to be construed in the context in which, they are employed. In other words, their colour and contents are derived from their context.
The above principles will have to be kept in view while construing the provisions of the Constitution relating to the appointments/transfers of Judges of the superior Judiciary. Courts, while construing a constitutional provision, can press into service an established constitutional convention in order to understand the import and the working of the same, if it is not contrary to the express provision of the Constitution.”
More over, as regards few earlier appointments of the judges in the High Courts, which were found to be violative of the scheme of the Constitution, some parameters were laid down and following directions were issued:-
That upon the appointment of the permanent Chief Justices in the High Courts where there is no permanent incumbent or where there are permanent incumbents already, they shall process the cases of the High Courts’ Judges in terms of the above declaration No. 13 within one month from the date of this order or within one month from the date of assumption of office by a permanent incumbent whichever is later in time and to take action for regularising the appointments/confirmation of the Judges recently appointed/confirmed inter alia of respondents Nos.7 to 28 in Civil Appeal No.805/95 in the light of this short order. In like manner, the Chief Justice of Pakistan will take appropriate action for recalling permanent Judges of the Supreme Court from the High Courts where they are performing functions as Acting Chief Justices and also shall consider desirability of continuation or not of appointment in the Supreme Court of Ad Hoc/Acting Judges.
106. This being the position, despite their effective service as Additional Judges or otherwise for any period, since their appointments were neither legal nor regularized, they cannot be even considered as Judges of the High Court. Besides, calculations as regards their actual period of service as retired judges of the High Court, made by the learned Sr. ASC during his arguments, to bring their case within the category of Judges, who have served as a Judge of the High Court for five years or more, are entirely misconceived, inasmuch as, from no stretch of imagination intervening period, when they had not served as High Court judges, could form part of their actual period of service for the purpose of such relief.
107. Arguments of some of the learned Sr. ASCs with reference to the observations of this Court contained in paragraph No.178 of the judgment in the case of Sindh High Court Bar Association (supra) are also without force, as applying the principle of exercise of de facto jurisdiction, only judicial proceedings were saved, but these observations had not conferred or blessed any sanctity to the findings in the judgments passed during such proceedings nor protected them from being challenged in accordance with law. To make this view more clear the relevant paragraph No.178 is reproduced as under:-
178. However, the judgments and orders passed, and proceedings taken in the cases of other litigants involving their rights and interests in civil, criminal and other matters, any function performed under the Constitution including administering of oath to the President, and other acts, whether administrative or financial, done or performed by Abdul Hameed Dogar, J, and such other Judges or by any authority, or by any person, whether in the Supreme Court or a High Court, which were passed, taken, done or performed, or purported to have been passed, taken, done or performed under the Constitution or law from 3rd November, 2007 to 31st July, 2009, i.e. the date of this judgment would not be affected on the principle laid down in Asad Ali’s case (supra).
108. Considering the claim/case of the widows/legal heirs of some of the Honourable Retied Judges, we may mention here that the ratio of judgment under challenge is of no help to their claim, as their cases are to be dealt with by the President strictly in terms of paragraphs No.4 to 6 relating to the Supreme Court and the High Court in the Fifth Schedule to Article 205 of the constitution.
109. Inspired by the maxim “salus populi est suprema lex”(public welfare is the supreme law), to which all other maxims of public policy must yield, another important aspect of the case, on which much arguments have not been advanced by the learned ASCs is that as a result of judgment under challenge, erroneously giving it a status of judgment in rem, this Court has hugely burdened the public exchequer with uncalled for financial liability. Therefore, being custodian of public interest and public welfare, looking at this controversy from another angle, we consider it just, fair and equitable to treat these proceedings as public interest litigation to protect the rights of every citizen of this country qua public exchequer and to lay down correct law for this purpose.
110. While arguments with reference to principle of past and closed transaction were being advanced before us repeatedly, we also enquired from the learned ASCs as to whether such principle, if at all found applicable to the present case, should not have been in the first place conversely made applicable to the case of those honourable retired Judges of the High Court, who stood retired during the period from 1970 onwards upto the date of judgment under challenge, as they never agitated such claim during this long period after their retirement from time to time. None of the learned ASCs could offer any satisfactory reply to this query, except that the right to pension has accrued in their favour on the basis of judgment under challenge. This reply on their behalf is not only frail and meritless but negates their other contention that right to pension was otherwise available in their favour on the basis of Article 205 read with Fifth Schedule of the Constitution and President’s Order 9 of 1970 or President’s Order No.3 of 1997. Undeniably, the right to pension of every Judge of the High Court is to be determined and regulated in terms of Paragraphs-2 and 3 of Fifth Schedule to Article 205 of the Constitution, which is the basic instrument for this purpose, together with applicable President’s Order No.9 of 1970 or 3 of 1997. Thus, the judgment under challenge confers no independent right to pension for them. Needless to mention here that where the superstructure is built on altogether faulty factual or legal foundation, upon its removal, it is bound to collapse as a whole.
111. Considering the question of indulgence or sympathetic consideration of the case of the honourable retired Judges of the High Court, having been already benefited from the judgment under challenge, we cannot lose sight of the fact that the heavy sums paid to them, as partly reflected in the above reproduced chart, were made from public exchequer, which is a sacred trust. Thus all care and caution is required to see whether a mistake or illegality committed by the Court could make them entitled for payment of more than Rs.1,647,130,156/- and further liability of payment of Rs.32,604,359/- towards monthly pension. In view of our discussion in this context made in the foregoing paragraphs, we have no option but to hold that all the sums paid to each of the honourable retired judges, who were made entitled for pensionary benefits in terms of the judgment under challenge, are liable to be recovered from them.
112. It is necessary to mention here so as to make the things more clear that admittedly before his retirement as a Judge of the High Court on 19.10.1994, retired Justice Ahmed Ali U. Qureshi had served as such for a period of 03-years and 04-months (approximately) and since by this judgment the Constitutional Petition No.D-2308 of 1994 filed by retired Justice Retied Ahmed Ali U. Qureshi before the High Court of Sindh has also been dismissed, therefore, all the benefits, except as per his entitlement as a retired District Judge qua paragraph 15 of President’s Order 9 of 1970, availed under the said judgment of the Sindh High Court and the judgment under challenge are to be recovered from the legal heirs of the deceased to the extent of their liability in this regard, but in accordance with law.
113. There is yet another aspect of this case, which has been argued before us by some of the learned ASCs and honourable retired Judges of the High Court, who were either elevated or had resigned from their offices after the judgment under challenge. They had contended that since at the time of their elevation/resignation judgment under challenge was in full force applicable, followed and implemented, therefore, valuable rights have accrued in their favour on the principle of legitimate expectancy which cannot be done away lightly by way of some observations in this case. Indeed, such submissions of some of the newly elevated or honourable retied Judges of the High Court are in line with the ratio of the judgment under challenge, but at the same time it is to be noticed that the Honourable Judges, who have resigned from their office before completion of minimum five years actual service as such have to bless their own stars for this purpose because their mere oral assertion that they had to resign from their office under compelling circumstances, cannot be legally accepted as a valid defence. As regards the other Judges, who have taken oath of their office as High Court Judge after the judgment under challenge, suffice it to observe that since the said judgment has been declared per incurium, and become null and void, therefore, any claim based on the principle of locus poenitentiae or legitimate expectancy cannot hold the field. More so, when as to their right to pension honourable retired judges are to be governed by the law in force at the relevant time i.e. Article 205 of the Constitution read with its Fifth Schedule and President Order No.3 of 1997, regarding which a detailed discussion has already been made in the preceding paragraphs of this judgment, and not by the dicta laid down in the judgment under challenge. The honourable retired judges of the High Court also cannot claim any benefit on account of its implementation by the respondents on the principle of past and closed transaction or on the principle estoppel, as on one hand it is a continuing liability over the public exchequer to the tune of approximately Rupees Thirty million per month, thus giving recurring cause of action; and, on the other hand, being judgment of the apex Court, the respondents had no option but to implement it in its letter and spirit or to face penal consequences of non-compliance, including contempt proceedings.
114. It is pertinent to mention here that the principle of locus poenitentiae, which refrains from rescinding, if a decisive step is taken in furtherance of some action, is mainly confined to administrative actions and not to the judicial pronouncements, as rescinding in the form of review, recalling, varying or amending the earlier order or judgment will have statutory backing in the form of Article 188 of the Constitution and section 21 of the General Clauses Act 1897. Thus, the principle of locus poenitentiae cannot placidly take away the authority of the apex Court to undo a wrong occasioned due to the act of the Court. If a contrary view of the matter is taken, then these provisions of law will become a farce, meant only for the purpose of academic discussion without power to repair the loss caused to an aggrieved party due to a judgment per incuriam, null and void in nature. Here, in order to understand the principle of locus poenitentiae more clearly, reference to the cases of Engineer-in-Chief Branch v. Jalaluddin (PLD 1992 SC 207) and Abdul Haq Indhar v. Province of Sindh (2000 SCMR 907), will also be useful. In the case of Engineer-in-Chief Branch (supra), it was held that locus poenitentiae is the power of receding till a decisive step is taken but it is not a principle of law that order once passed becomes irrevocable and past and closed transaction. If the order is illegal then perpetual rights cannot be gained on the basis of such an illegal order. In the other case of Abdul Haq Indhar (supra), discussing the principle of locus poenitentiae, provisions of section 21 of General Clauses Act were also considered and it was affirmed that the authority which can pass an order, is entitled to vary, amend, add to or to rescind that order, as locus poenitentiae is the power of receding till a decisive step is taken, but it is not a principle of law that order once passed becomes irrevocable and past and closed transaction. If the order is illegal then perpetual rights cannot be gained on the basis of such an illegal order. Thus, mere bonafide of the beneficiaries of the judgment under challenge, as claimed, which carry a big question mark due to their legal background and post retirement conduct, as discussed earlier, is not enough to dilute the effect of the judgment in hand.
115. As regards the honourable retired judges of the High Court, who have opted to resign or have retired after the judgment under challenge, here a reference to the case of Justice Hasnat Ahmed Khan v. Federation of Pakistan/State (PLD 2011 SC 680) is also necessary wherein the consequence of unconstitutional P.C.O 1 of 2007, dated 3.11.2007 qua it implications on the superior judiciary were examined in detail with reference to an order passed by a seven member Bench of the Supreme Court on the same day, and as regards the judges who have either taken oath under the P.C.O 1 of 2007 or had violated the said order of the Court dated 3.11.2007, following observations were made:-
“Appellant and others shall be entitled for the service and pensionary benefits upto 20.4.2010 when 18th Constitutional Amendment was passed; however if ultimately they are found to be guilty of contempt of the Court by the Supreme Court, their cases for affecting the recovery of pensionary benefits in future shall be dealt with accordingly.”
In these circumstances, to say that some judges of the High Court, who resigned from their office after the judgment under challenge, could legitimately claim right to pension without meeting the threshold of minimum five years actual service, has no legal foundation.
116. As regards the issue of recovery of pensionary benefits availed by some honourable retired judges of the High Court in terms of judgment under challenge, when we look at the recent pragmatic approach employed by this Court to safeguard public interest qua securing public exchequer, we find that in the case of Syed Mehmood Akhtar Naqvi versus Federation of Pakistan (PLD 2012 SC 1054) and Syed Mehmood Akhtar Naqvi versus Federation of Pakistan (PLD 2012 SC 1089), wherein declaration was issued against number of elected MNAs, MPAs and Senators for their disqualification from being Members of Majlis-e-Shoora (Parliament), Provincial Assemblies and the Senate, because of holding dual nationalities and consequent disqualification under Article 63(1)(c) of the Constitution, despite they having served their respective Institution (Parliament) during the intervening period, Court ordered that all these Members of the Parliament and Provincial Assemblies etc being declared disqualified are also directed to refund all monetary benefits drawn by them for the period during which they kept the public office and have drawn their emoluments etc. from the public exchequer, including the remuneration, T.A./D.A., facilities for accommodation alongwith other perks which shall be calculated in terms of the money by the Secretaries of the National Assembly, Senate and Provincial Assemblies accordingly.
117. In another case of similar nature titled Muhammad Yasin versus Federation of Pakistan (PLD 2012 SC 132), relating to appointment of Chairman, OGRA, which was declared illegal and void ab inito, it was further ordered that all salaries, value of perquisites and benefits availed from the date of his appointment till the date of the judgment shall be recovered by the Government from the beneficiary Chairman at the earliest. In contrast the facts of these two cases, the beneficiaries of judgment under challenge (the honourable retired judges of the High Court) during the intervening period have not worked or undertaken any assignment so as to make their cases worth consideration for some concession or relief on this ground.
118. The above discussed recent trend adopted by this Court to safeguard public exchequer from being misused has persuaded us to follow a similar course in the present case. More so, as this principle can not be deviated merely for the reason that this time the affectees of this judgment are some honourable retired judges of the High Court, who are very respectable citizens of the Country. Rather, adoption of this course in the present proceedings is all the more necessary to strengthen the inbuilt process of self accountability, which is necessary to earn public confidence in our judicial system.
119. Leaving apart the principles of English jurisprudence qua the intricacies of the legal principles discussed hereinabove, when we simply look at the principles of Islamic jurisprudence, having special significance in our judicial system by virtue of Article 2-A of the Constitution, in the context of moot point No.(c) of paragraph-61 (ibid), we find that there is no legal notion under the Islamic dispensation of justice, furnishing any reasonable justification for the honourable retired judges of the High Court to retain the financial benefits availed by them under the disguise of pension on the basis of judgment under challenge, which we have already declared per incuriam, null and void.
120. While dealing with a lis at any level and in any form, every Court has to keep in mind the golden principle that all laws in any form, may be constitutional provisions, including fundamental rights provided in Part-II of the Constitution or the sub-Constitutional legislations of different nature are based on one broad principle of equal dispensation of justice for all, for which every citizen of this country enjoys similar legal status, thus, he cannot be discriminated on any high moral ground. We have no hesitation to further clarify that interest of public at large is to be given priority and preference over the interest of individuals, therefore, interest of public at large cannot be sacrificed to extend profane benefits to some individuals. Thus, to say that this Court looking to the peculiar facts and circumstances emerging from the judgment under challenge, shall take a lenient view of the matter so as to protect the benefit of the judgment under challenge already availed by some honourable retired High Court Judges has absolutely no legal or moral force. As a matter fact, all honourable retired judges of the High Court, who had less than minimum five years actual service to their credit as such and beneficiary of judgment under challenge, are legally and morally bound to restore all such gains to the public exchequer so as to set an example for the society about their high morals and conduct, which is expected from all those who are supposedly role model for the society.
121. Before parting with this judgment, we also record a note of our appreciation for M/s Khawaja Haris Ahmed and Salman Akram Raja, the two learned amici curiae appointed in this case, for their valuable assistance in this matter.Islamabad, the 11th April, 2013.
Approved for reporting.
Judge
Judge Judge
Judge Judge
MIAN SAQIB NISAR, J.- Pursuant to the short order dated 11.4.2013 consensually passed by this Bench in the noted matter, my learned brother Anwar Zaheer Jamali, J. has composed the detailed reasons. I have the privilege of going through such exposition and to an extent agree thereto, however, with due deference to the honourable Judge, where my reasons are otherwise or I hold an opinion different on any of the proposition(s) (involved herein), it shall be duly reflected in this discourse.
2. The facts of the matter; the submissions made at the podium by all the concerned and the laws cited in that context, have been extensively and elaborately given in the judgment of my learned brother, however, still though at the cost of repetition, but with an object to facilitate the comprehension of my present determinant I shall make a brief mention of such facts which are absolutely relevant, in that:- these proceedings having emanated from a note dated 21.11.2012, put up by the Registrar of this Court to the Hon’ble Chief Justice of Pakistan stating therein, in some detail, the background of the verdict rendered by this Court in Accountant-General, Sindh and others Vs. Ahmed Ali U. Qureshi and others (PLD 2008 SC 522) (hereinafter referred to as “The Judgment”) and specifying that, the entitlement of the pensionary rights (benefits) of the honourable retired Judges of the High Courts (hereinafter referred to as the Judges), in such decision, inter alia, have been based upon P.O.8/2007, which was promulgated by the President of Pakistan on 14.12.2007, but such order (PO) has been declared unconstitutional, ultra vires and void ab initio vide judgment of this Court dated 31.7.2009 passed in Sindh High Court Bar Association through its Secretary and another Vs. Federation of Pakistan through Secretary, Ministry of Law and Justice, Islamabad and others (PLD 2009 SC 879), besides, “the judgment” otherwise is wrong in law, therefore, it was suggested “the matter is therefore of great public importance as huge public money is being expended without any legal justification despite the fact that the basis of the judgment itself has lost its validity. It is therefore a fit case for Suo Moto Review.”. Upon the said note, the Hon’ble Chief Justice passed an order dated 23.11.2012 to the following effect:-
“Perusal of the above note prima facie makes out a case for examination of points raised therein. Therefore, instant note be registered as Suo Moto Misc. Petition and it may be fixed in Court in the week commencing from 03.12.2012. Notice to Hon’ble Retired Judges, who are beneficiaries of the judgment dated 6.3.2008 be issued. Office shall provide their addresses. Notice to Attorney General for Pakistan may also be issued.”
This is how the noted matter has come up for hearing before the Court and vide order dated 29.1.2013, the Bench seized of the matter, appointed M/s Makhdoom Ali Khan (not appeared), Khawaja Haris Ahmed and Salman Akram Raja, learned ASCs to assist the Court as amicus curiae. In the context of the above, the epitome of the submissions made by all the concerned before the Court are:
(1) whether the present proceedings are maintainable or otherwise; in this regard the authority/action of the Registrar of this Court upon whose note these proceedings were initiated has been seriously questioned (2) whether (in the context of maintainability) “the judgment”, which was passed in the appellate jurisdiction of this Court under Article 185 of the Constitution, and/or under Article 184(3) thereof can (or cannot) be reviewed, revisited and set aside by this Court, in the instant suo moto proceedings (note: as while arguing from the Judges side it is the plea of almost all, that these proceedings predominantly have nexus to Article 184(3) of the Constitution) (3) whether these proceedings qualify (or do not qualify) the test and the principles set out by law (including the law enunciated by this Court) for the purposes of review of a judgment, either under Article 188 of the Constitution or even while exercising suo moto jurisdiction by this Court (4) whether “the judgment” is founded upon valid, proper, due and correct consideration, application and interpretation of relevant provisions of law, i.e. Article 205 of the Constitution of Islamic Republic of Pakistan 1973 (hereinafter referred to as the Constitution) read with the Fifth Schedule thereto, and various (certain) Presidential Orders (5) whether a vested right(s) stand created in favour of the Judges on the basis of “the judgment”, which cannot be stultified vide the instant proceedings, even if “the judgment” is per incuriam, and such right(s) is protected by the rules of past and closed transaction, the locus poenitentiae, and legitimate expectation (6) whether in the facts of the matter any protection is available to the Judges on the rule of equality as enshrined by Article 25 of the Constitution (7) without prejudice to the above, if this Court comes to the conclusion, that “the judgment” is per incuriam and thus it should be set aside, whether such decision shall have prospective or retroactive effect. And the right of the Judges to receive pension in future shall not be affected on account of such (this) decision; and in any case, the amounts so far received by them, under “the judgment” cannot be directed in law to be recovered (from them).
(Questions No.1, 2 and 3)
3. My learned brother has exhaustively dealt with the question of maintainability, which is a threshold proposition of the matter, and in this behalf extensive reference to the case law has also been made. I therefore have no intention to add any superfluity to that, however, my approach to the proposition is quite simple, plain and facile, in that, the Supreme Court of Pakistan is the apex Court of the country. It is the final, the utmost and the ultimate Court, inter alia, in relation to, (a) resolving disputes inter se the parties before it, (b) securing and enforcing the fundamental rights of the citizen/person, when those(rights) are in issue before the Court, in any of its jurisdiction, either original or appellate or suo moto, (c) the interpretation and the enunciation of the law of the land, (d) examining and adjudging the legislative Acts and the executive order/actions of the State, in the exercise of its power of judicial review, (e) the exercise of original jurisdiction as per the mandate of Article 184 of the Constitution, (f) the advisory jurisdiction within the parameter of Article 186 of the Constitution, (g) the review of its decision (judgments) (see Article 188) (h) a special jurisdiction conferred upon this Court by any law. And above all the power to do complete justice (see Article 187). In terms of Article 189 of the Constitution, “Any decision of the Supreme Court shall, to the extent that it decides question of law or is based upon or enunciates a principle of law, (emphasis supplied) be binding on all other courts in Pakistan”. Moreover, according to Article 190 “All executive and judicial authorities throughout Pakistan shall act in aid of the Supreme Court”.
4. The aforestated legal position explains and highlights the true magnitude and the supremacy of this Court in regard to the dispensation of justice in the country and the enunciation and the declaration of the law by it. As the law laid down by the (apex)Court, and the order(s) passed by it, being the paramount and ultimate in nature, has to be imperatively and mandatorily followed, obeyed and adhered to by all the concerned. Reading Articles 189 and 190 conjointly, and while keeping in view the scheme of the constitution, the very purpose, the pivotal position and the status of this Court (prescribed above), it is expedient that correct law should be pronounced by the apex Court. And pursuant to the above object and due to the venerated position of this Court, the Court is cumbered with, inviolable responsibility, and a sacred duty, to interpret, declare and enunciate the law correctly, so that it should be followed, obeyed and adhered to purposively and in letter and spirit, by all the other organs of the State (including all other Courts in Pakistan) strictly inconsonance with the true aim of the aforementioned Articles. It may be pertinent to mention here, that any invalid enunciation of law, shall contravene and impugn the very character, and attribute(s) of this Court and such bad/wrong law shall cause drastic adverse affects on the socio-economic, political, geographical, ethnic, cultural aspects and dynamics of the nation, the society, the people at large and the State in presentee or in futurio. In the above context, reference can also be made to Article 4 of the Constitution which enshrines (inter alia) an inalienable right of every citizen to be dealt with in accordance with the law, obviously this shall mean the law that is, correctly laid down by this Court. As it is a cardinal principle of justice, that the law should be worn by the Judge in his sleeves and justice should be imparted according to the law, notwithstanding whether the parties in a lis before the Court are misdirected and misplaced in that regard. Therefore, if any law which has been invalidly pronounced and declared by this Court, which in particular is based upon ignorance of any provisions of the Constitution, and/or is founded on gross and grave misinterpretation thereof; the provisions of the relevant law have been ignored, misread and misapplied; the law already enunciated and settled by this Court on a specific subject, has not been taken into account, all this, inter alia, shall constitute a given judgment(s) as per incuriam; and inconsistent/conflicting decision of this Court shall also fall in that category. Such decision undoubtedly shall have grave consequences and repercussions, on the State, the persons/citizens, the society and the public at large as stated above. Therefore, if a judgment or a decision of this Court which is found to be per incuriam (note: what is a judgment per incuriam has been dealt with by my brother), it shall be the duty of this Court to correct such wrong verdict and to set the law right. And the Court should not shun from such a duty (emphasis supplied). For the support of my above view, I may rely upon the law laid down in the dicta Lt. Col. Nawabzada Muhammad Amir Khan Vs. The Controller of Estate Duty, Government of Pakistan, Karachi and others (PLD 1962 SC 335 at page 340):-
“Where, however, there is found to be something directed by the judgment of which review is sought which is in conflict with the Constitution or with a law of Pakistan, there it would be the duty of the Court, unhesitatingly to amend the error. It is a duty which is enjoined upon every Judge of the Court by the solemn oath which he takes when he enters upon his duties, viz., to “preserve, protect and defend the Constitution and laws of Pakistan” But the violation of a written law must be clear.”
“15. To perpetuate an error is no virtue but to correct it is a compulsion of judicial conscience.”
“19. Reference is made to the doctrine of finality of judicial decisions and it is pressed upon us that we should not reverse our previous decision except in cases where a material provision of law has been overlooked or where the decision has proceeded upon the mistaken assumption of the continuance of a repealed or expired statute and that we should not differ from a previous decision merely because a contrary view appears to us to be preferable.
It is needless for us to say that we should not lightly dissent from a previous pronouncement of this court. Our power of review, which undoubtedly exists, must be exercised with due care and caution and only for advancing the public well being in the light of the surrounding circumstances of each case brought to our notice but we do not consider it right to confine our power within rightly fixed limits as suggested before us.
If on a re-examination of the question we come to the conclusion, as indeed we have, that the previous majority decision was plainly erroneous then it will be our duty to say so and not to perpetuate our mistake even when one learned Judge who was party to the previous decision considers it incorrect on further reflection (emphasis supplied by me).
“If the aforesaid rule of construction accepted by this Court is inconsistent with the legal philosophy of our Constitution, it is our duty to correct ourselves and lay down the right rule (emphasis supplied by me). In constitutional matters which affect the evolution of our policy, we must more readily do so than in other branches of law, as perpetuation of a mistake will be harmful to public interests. While continuity and consistency are conducive to the smooth evolution of the rule of law, hesitancy to set right deviations will retard it growth. In this case, as we are satisfied that the said rule of construction is inconsistent with out republican polity and, if accepted, bristles with anomalies, we have no hesitation to reconsider our earlier decision.”
The question, however, shall be as to how this duty should be discharged and the object of correcting the wrong law, and setting it (the law) right should be achieved. One of the obvious ways of doing so is, when a party to the lis seeks review of the wrong judgment in terms of Article 188 of the Constitution. But what, if that remedy is not availed for any reason, or even if availed by the concerned, is discarded by the Court (again by committing an another wrong).
Whether thereafter, such a wrong decision on the point of law, cannot be remedied and interfered with, revisited or set aside at all or in other words, even if a judgment which is patently per incuriam, infinitely should be left outstanding, allowing it to become the liability of this Court and our legal/judicial system, for all future times. And the (this) Court and the system should be fettered by it, and held as a captive thereto, leaving it intact to pervade and permeate serious prejudice in perpetuity to the persons/citizens of the country and even the State, compelling them, to be dealt with by a wrong/invalid law, despite it having come to the notice of the Court, through any means whatsoever, that such decision suffers from patent and gross vice, and it is vividly a judgment per incuriam by all references. The answer is “No”. In my candid view the approach to leave such a decision to stay intact shall be ludicrous and shall lead to drastic effects as indicated above. Rather in such a situation this Court, having special position in our judicature (judicial system as highlighted above) shall have the inherent, intrinsic and inbred power (jurisdiction) vested in it, (a) to declare a judgment per incuriam; (b) decline to follow the same as a valid precedent, (c) and/or to set it aside. For the exercise of jurisdiction in that regard and for the discharge of the duty as mentioned earlier, it is absolutely irrelevant and immaterial vide (via) which source it (decision) has come to the notice of the Court. The Court once attaining the knowledge of such a blemished and flawed decision has the sole privilege, to examine the same and to decide about its fate, whether it is per incuriam or otherwise. In this context, it may be mentioned, for example, if while hearing some case, it is brought to the attention of the Court by the member(s) of the Bar; or during the hearing of any matter, the Court itself finds an earlier judgment to be per incuriam; or if a Judge (Judge of this Court) in the course of his study or research, comes across any judgment which in his view is per incuriam or if any information through the Registrar of the Court is passed on to the honourable Chief Justice of the Court or to any other Judge (of this Court), by any member of the Bar, or the member of the civil society (any organization/group of the society) that a judgment is per incuriam (note: without the informant having any right or locus standi of hearing or the audience, until the matter is set out for hearing in the Court and the Court deems it proper to hear him), the Court in exercise of its inherent suo moto power and the duty mentioned above (emphasis supplied) shall have the due authority and the empowerment to examine such a judgment, in order to ascertain and adjudge if the law laid down therein is incorrect or otherwise. And if the judgment is found to be per incuriam, it shall be dealt with accordingly. In such a situation (as earlier stated) it shall not be of much significance, as to who has brought the vice of the judgment to the notice of the Court or through which channel it has reached there. Rather, the pivotal aspect, the object, the concern and the anxiety of this Court should be to examine the judgment and if it is per incuriam to set the law right with considerable urgency.
5. In the instant matter, as stated in the beginning, these proceedings have genesis in the note put forth by the Registrar of this Court, to which serious objection has been raised from the Judges’ side; in this behalf it may be held that though there is no specific provision in the Supreme Court Rules, 1980, enabling the Registrar to put up such note to the honourable Chief Justice of Pakistan, but at the same time there is no bar or clog upon the Registrar, being the principle officer of the court, not to bring to the notice of the Chief Justice of Pakistan or the Court as the case may be, that any decision earlier rendered by the Court is per incuriam or needs to be reviewed. Therefore, in view of what has been discussed, the objections about the maintainability of the present proceedings and the jurisdiction of this Court are overruled. And it is categorically held that judgments/decisions of this Court which are per incuriam are a class apart, to which the limitations or the rider of the Review (Article 188) or of the provisions of Article 184(3) are inapplicable and not attracted. These Articles and the limitations thereof shall have no nexus for the exercise of the inherent jurisdiction of this Court and the discharge of its duty as prescribed above for the correction of the decisions per incuriam.Before parting with the topic, however, I feel urged to make a reference to a full Court meeting of this Court, (presumably held on 26.4.2010) in which pursuant to an agenda item, in the context of conflicting judgments by various Benches of the Supreme Court, the office had put up a note envisaging that as the Supreme Court provides guidance to all the Courts in the country and its judgments are also binding upon them (Courts) thus, and any conflict in its judgments shall have far reaching effect (note: obviously conflicting judgments, shall fall within the purview of per incuriam). Upon the above note, it was resolved by the full Court that the Librarian and R&ROs of the Court should carry out an exercise in the matter and point out instances of the conflicting judgments, and while doing so, they may consult with eminent lawyers to take benefit of their experience. Data should be prepared and the matter be placed before the Hon’ble Chief Justice of Pakistan, who may like to constitute a larger Bench to resolve the conflicting issues. It was further resolved, if during the course of hearing of any case, an instance of conflicting judgments comes to the notice of the Bench, the Hon’ble Judges may refer the same to the Hon’ble Chief Justice for constitution of a larger Bench to resolve the conflict. This resolution of the full Court duly fortify my above point of view, that it is the duty of this Court to declare and discard a judgment as per incuriam and for this neither the source of its knowledge nor the confines of ordinary Review and/or Article 184(3) are of much relevance.
6. On the aspect of entitlement to the right of the Judges to receive pension, I am of the view that for the purposes of adjudging the same, and for the interpretation of the relevant provision of the Constitution i.e. Article 205 and Fifth Schedule thereto, and the apposite Presidential Orders; the legislative history of the law on the subject; the nature and object of pension; the (constitutional) convention and previous practice, and the contemporaneous understanding (prior to the case of Ahmed Ali U. Qureshi) of the law are quite germane factor (note: my brother has also highlighted the above concept but may be differently). However, as the requisite history and the text of laws has been comprehensively reproduced in the main judgment of my brother, therefore, by relying thereupon, I shall primarily restrict to the interpretation of such provisions (note: however, whenever required a part of such text shall be reproduced), by making reference to the laws in a chronological order.
7. For the first time in the Subcontinent the honourable retired Judges of the High Court were held entitled to receive pension as per Article 221 of the Government of India Act, 1935, but the Article only prescribed that they “shall be entitled to such rights (emphasis supplied) in respect of leave and pension as may from time to time be fixed (emphasis supplied) by His Majesty”. From the aforestated it is clear that the authority and the prerogative for the fixation of the entitlement was conferred upon His Majesty; meaning thereby that His Majesty was mandated to fix i.e. assess and settle such right and the entitlement. Pursuant to the above, the High Court Judges Order, 1937 was accordingly enforced on 18th March, 1937, and vide clause 17 thereof, the right of pension was fixed, but restricted to those Judges only, who fulfilled the required criteria laid therein, e.g. (relevant being) upon the completion of service tenure of not less than 12 years. There can be no cavil, that without the above mandate of law, no retired Judge otherwise was entitled to receive the pension. And for the purposes of acquiring said right, or in other words to qualify for the pension, the test and the criteria prescribed in Order 1937 (ibid) was sine qua non, signifying that the right or entitlement to receive pension was subjected to and was conditioned by the requirement of a specific tenure. After the emergence of Pakistan, the entitlement to pension of the Judges remained to be governed by the said laws (note: till 1956).
However, Article 221 of the Indian Constitution 1949, prescribes“Every Judge shall be entitled to such allowances and to such rights in respect of leave of absence and pension as may from time to time to be determined by or under law made by Parliament and, until so determined, to such allowances and rights as are specified in the Second Schedule (emphasis supplied)”. It is manifest from the above that despite some change in language the entitlement again is dependent upon the determination by the law (note:- until the law, by Second Schedule). When the Constitution of 1956, was enforced in our country, the relevant provisions therein are quite analogous to the Indian provisions, inasmuch as quite significantly the Third Schedule thereto (of 1956 Constitution) stipulates “Every Judge of a High Court shall be entitled to such other privileges and allowances for expenses in respect of equipment and traveling upon first appointment, and to such rights in respect of leave of absence and pension as may be determined by the President (emphasis supplied by me).”
The only main difference in the Indian provision and our constitutional dispensation was, that there (India) the determination of entitlement by or under the law by Parliament was made, (otherwise by Schedule), while in Pakistan determination had to be made (done) by the President (note: and until then under Order 1937). After the abrogation of 1956, the Constitution 1962 came into force and as per relevant Article (it is prescribed) “124. Remuneration, etc., of Judges.—
The remuneration and other terms and conditions of service of a Judge of the Supreme Court or of a High Court shall be as provided in the Second Schedule.”.
“2. Every Judge of a High Court of a Province shall be entitled to such privileges and allowances, and to such rights in respect of leave of absence and pension, as may be determined by the President, and until so determined, to the privileges, allowances and rights to which, immediately before the commencing day, the Judges of the High Court of the Province were entitled.”
It is obvious from the above, that the authority, of determination of the entitlement to the pension of the Judges as per the Constitutional command, was conferred and bestowed upon the President, i.e. it shall be the President who shall decide, about their entitlement. Pursuant thereto, Presidential Order P.O.1/1968 was issued, prescribing (see clause 13) the qualifications and the criteria for the said entitlement, which vividly and unmistakably is dependent upon the length of service of the Judges. Anyhow, on account of the annulment of the 1962 Constitution and upon proclamation of emergency on 25th day of March, 1969, a Provisional Constitutional Order dated 14th April, 1969, was introduced, whereunder the President of Pakistan enforced P.O.9/1970, wherein the entitlement (right) of the Judges in respect of their pension was stipulated as under:-
“13. Condition of admissibility of pension.—A Judge shall, on his retirement, resignation or removal, be paid a pension in accordance with the provisions of this Order if he has—
(a) completed not less than five years of service for pension and attained the retiring age; or
(b) completed not less than five years of service for pension and, before attaining the age, resigned; or
(c) completed not less than five years of service for pension and, before attaining the retiring age, either resigned, his resignation having being medically certified to be necessitated by ill-health or been removed for physical or mental incapacity:
Provided that, for the purpose of clause (a) of Part I of the First Schedule a deficiency of three months or less in the service for pension as Judge shall be deemed to have been condoned.”
In the interim Constitution of Pakistan 1972 as per Article 207, the entitlement of every retired Judge remained conditional to the determination by the President (emphasis supplied).
8. On the promulgation of the “the Constitution” no vital and important change was introduced (therein) about the entitlement of the retired Judges, as no departure from the earlier law was visibly made. And Fifth Schedule (note: the interpretation of the Fifth Schedule is critical) to Article 205 prescribed:-
2. Every Judge of a High Court shall be entitled to such privileges and allowances, and to such rights in respect of leave of absence and pension, as may be determined by the President, and until so determined, to the privileges, allowances and rights to which, immediately before the commencing day, the Judges of the High Court were entitled.
3. The pension payable to a retired Judge of the Supreme Court shall not be less than Rs.1,500 per mensem or more than Rs.1,950 per mensem, depending on the length of his service as Judge in that Court or a High Court:”
However, by virtue of the Constitution (Twelfth Amendment) Act 1991 dated 27.7.1991, Paragraph 3 was substituted to read as below:-
“3. The Pension payable per mensem to a Judge of a High Court who retires after having put in not less than five years service as such Judge shall not be less or more than the amount specified in the table below, depending on the length of his service as Judge and total service, if any, in the service of Pakistan:
Provided that the President may, from time to time, raise the minimum or maximum amount of pension so specified”
Then came into force P.O.2/1993 on 19th October, 1993 and it is quite significant to point out, that this P.O. has been issued under proviso to 3rd Paragraph of the Fifth Schedule (Paragraph 3 which was added by aforestated twelfth amendment); in this regard the title of the P.O. reads as “Whereas, the proviso to third paragraph of the Fifth Schedule to the Constitution of the Islamic Republic of Pakistan relating to the remuneration of the Judges of the Supreme Court and High Courts provides that the President may, from time to time, raise the minimum or maximum amount of pension so specified in the said paragraph”. Whereas the pension related part of P.O.2/1993 is:-
(2) The minimum and maximum monthly pension of the Chief Justice of a High Court shall be Rs.9,800 and Rs.12,250 respectively and that of every other Judge of a High Court shall be Rs.8,722 and Rs.10,902 respectively.”
Finally P.O.3/1997 was enforced on 12.2.1997, which has been issued under Paragraph 2 of the Fifth Schedule, and it contains the provisions about the entitlement and the admissibility(emphasis supplied) of pension of retired Judges of the High Courts as below:-
“14. Condition or admissibility of pension.—A Judge shall, on his retirement, resignation or removal, be paid a pension in accordance with the provisions of this Order if he has—
(a) completed not less than five years of service for pension and attained the retiring age; or
(b) completed not less than five years of service for pension and, before attaining the age, resigned or sought retirement; or
(c) completed not less than five years of service for pension and, before attaining the retiring age, either resigned, his resignation having being medically certified to be necessitated by ill-health or been removed for physical or mental incapacity or been allowed by the President for sufficient cause to retire.”
The above in a sequence accomplish the legislative history, in respect of the genesis, and the evolution of the pensionary right and the entitlement of the Hon’ble retired Judges of the High Courts throughout. And as stated earlier it is in the context of this legal backdrop and the development; the nature and purpose of pension; the convention etc.; and contemporaneous understanding of the law, that the evaluation of the right/entitlement of pension of the Judges should be made and the provision(s) of Article 205 and Fifth Schedule thereof, and P.O.3/1997 (alongwith other relevant P.Os.)has to be applied and construed.
9. Since the Government of India Act, 1935 which is the origin of the retired Judge’s right to receive pension, and from all the laws that have followed, it is vivid from the contents, the text, the letter and spirit thereof (such laws) that the said right is neither absolute nor unqualified. Here I would briefly mention that the pension is not the bounty from the State/employer to the servant/employee, but it is fashioned on the premise and the resolution that the employee serves his employer in the days of his ability and capacity and during the former’s debility, the latter compensates him for the services so rendered. Therefore, the right to pension has to be earned and for the accomplishment thereof, the condition of length of service is most relevant and purposive. In the case of the employments which are governed by the service rules, there are provisions laying down the criteria and the qualification for that purpose; and where the employments are regulated by the contracts, it is so specified in the terms and conditions of such contracts. Until such qualifications are met and the contractual stipulations are satisfied (note: as the case may be), no servant/employee is entitled to pension. And the Judges are no exception to the above rule. Therefore, a Judge per se on the basis of his appointment shall not become entitled to the pension, rather he has to earn that right by meeting the qualifications and by fulfilling the requirements stipulated by the legal instruments in force at the relevant point of time (or from time to time). In all the laws mentioned above, there are some very important words and expressions which have been used, and for the comprehension and interpretation of such provisions and for the purposes of resolving the issue, it is imperative that meaning of the words/expressions should be ascertained. The first in the chain is such, which means, that, as/that, of the type to be mentioned, or that kind; unmistakably meaning, that it is only that kind of the right which has been fixed and determined either by the law or the authority designated in the law, therefore, these two words are of immense importance. According to various dictionary meaning fix is defined as, to assess, to determine, to settle (see e.g. MS Dictionary), whereas, the word determine connotes; to fix conclusively and authoritatively; to come to a decision, to settle, to resolve, to fix the form or character before hand; ordain; to find out the nature, limit, dimension and scope (see MS Dictionary and Merriam and Webster Dictionary). In view of the aforestated position, I have wee hesitation to hold that these two (words) are analogous and interchangeable terms/words.
Thus from the above it is clear that, it is only such right which is determined by the President which entitles the Judges to pension; if there is no determination there is no right and if the determination is qualified, the right is not absolute, but conditional thereto. Therefore, in the context of the instant proposition, it is hereby conclusively held that such right is subject to, dependent upon, and circumscribed by the condition of determination; and when the said determination has prescribed certain qualifications and the requirements for the conferment and/or for acquiring the (such) rights, the right shall only be created, as is mandated by law, and the conditions laid down therein (the law) are first satisfied. I find myself in agreement with the plea raised from the Judges side, that the provisions of Paragraph 2 of the Fifth Schedule are independent of Paragraph 3, but none, as repeatedly queried, was able to answer and point out if the President has ever made any determination about the entitlement/right to receive pension with respect to those Judges who have the term of service less than five years. Undoubtedly while considering the contents of Paragraph 3 of the Fifth Schedule and also the relevant provisions of P.O.3/1997, the determination of the right and the entitlement is only restricted to, with respect to those Judges who have served for five or more years and for none else. I am absolutely unimpressed by the argument from the Judges side that the determination has been made as per the provisions of P.O.2/1993 reproduced above; or for that purpose Paragraph 3 of the Fifth Schedule or clause 14 of P.O.3/1997 should be enlarged or read down (note: Mr. Munir A. Malik, ASC, has argued this point); it is my candid opinion that P.O.2/1993 has nothing to do with the determination contemplated by Paragraph 2 of the Fifth Schedule, rather it (P.O.2/1993) is pursuant to Paragraph 3 of the Schedule, as it is so clear from the title thereof and such Presidential Order is only meant for and caters for the Judges, whose right have been determined as per the force of Paragraph 2 of the Fifth Schedule. Now considering the right to pension in terms of the convention etc. There has not been a single instance (present case is an exception) in the Subcontinent that a retired Judge who had not completed the requisite term of service would ask for or was granted the pension, which thus had developed into a convention and this was also the contemporaneous understanding of the law, that is why the legal illumenorions of their time, who had lesser term of service than required never pressed for pension (this aspect has also been highlighted by my brother). Before parting with the proposition, passingly it may be mentioned that in India, almost in a similar factual scenario, an akin issue, cropped up, and in view of the provision of Article 221 ibid and Section 14 of the Indian (relevant) law, which prescribed a particular tenure for the entitlement to pension of the High Court Judges; the Court seized of the matter in that case reported as Pana Chand Jain Vs. Union of India and others (AIR 1996 Rajasthan 231) held:-
“Reading the aforesaid provisions (Section 14) with Part-I of the First Schedule to ‘the Act’ it is evident that the amount of pension payable to a Judge of the High Court is linked with the length of service rendered by him. This very basis of fixation of amount of pension is challenged by the petitioner…………………………………………………………”
“Thus, framers of the Constitution, who laid down the eligibility criteria in Article 217 of the Constitution made distinction while determining the amount of pension and other allowances payable to the High Court Judges. That is why they made separate provision by enacting Sub-Clause (2) of Article 221. The leave of absence and the pension and other allowances payable to High Court Judges was left to be determined by Parliament by enactment of law.
The framers of the Constitution did not take upon the task of fixing the amount of pension themselves as they undertook this task while fixing the amount of salary. The very scheme of the Constitution suggests that the amount of pension to be payable to a High Court Judge is to be left to the wisdom of the Parliament. This is the mandate of the Constitution. Therefore, the contention based on the provisions of Constitution and particularly the provisions of Article 217 is misconceived. If the argument is accepted, it would lead to absurd result inasmuch we may have to come to the conclusion that the framers of the Constitution were not aware about the distinction introduced and made by themselves in Article 221(2) in respect of leave of absence and pension payable to the High Court Judges. Therefore, there is no merit in the argument that the provision of Section 14 of the Act is contrary to law or violative of Articles 217 and 221 of the Constitution.”
10. For adjudging the validity of the law laid down in “the judgment” (PLD 2008 SC 522), it seems expedient to make a brief probe into the facts of that case. Justice (Retd.) Ahmed Ali U. Qureshi retired as a Judge of the Sindh High Court, without having a period of five years to his service credit (as High Court Judge). He (in the year 1994) filed a writ petition in the Sindh High Court, claiming entitlement to the pension, notwithstanding the length of his service, which claim of the learned (Retd) Judge was accepted by the learned High Court vide its judgment dated 2.2.1995 (reported as PLD 1995 Kar 223) holding “We are, consequently of the view that rights and privileges admissible to the petitioner in respect of his pension are now governed under President’s Order 2 of 1993”………………“In the result, the petition is allowed and the respondents are liable to fix the petitioner’s pension at the maximum pension as allowed under President’s Order No. 2 of 1993”. This verdict has been affirmed by this Court in “the judgment” (PLD 2008 SC 522) and in relation to the proposition, about the entitlement of the pension of the Judges, while interpreting Article 205 of the Constitution and the Fifth Schedule thereto, this Court came to the conclusion that Paragraphs 2 and 3 of the Schedule are two independent provisions (note: no cavil with the above). Besides, under Paragraph 2 (of the Schedule) ‘Every Judge’ is entitled to pension, irrespective of his length of service and Paragraph 3 only relates to those Judges who have served for more than five years; the latter Paragraph in no manner debars and/or preclude the other Judges,who have served for less than five years to receive pension. In this regard with an object to justify that the entitlement of such Judges (with less than five years term) has been determined by the President, strenuous reliance was placed on P.O.2/1993 and also on the factum that this entitlement has been affirmed and recognized by P.O.7/2008. This Court also implied (in that decision) that the expression “every Judge” appearing in Paragraph 2 of the Fifth Schedule, as against the lack of or the omission of the expression ‘a Judge’ therein, is significant and therefore the entitlement of “every Judge” notwithstanding P.O.3/1997 is absolute and established. In my view “the judgment” (PLD 2008 SC 522) is per incuriam and for this purpose my opinion/exposition on Question No.4 (ibid) should be read as integral part herein, and in the light thereof, I hereby enumerate the fundamental errors of “the judgment” which has rendered it per incuriam: (a) the legislative history of the law on the field has been ignored and overlooked by the Court (b) the true nature, the concept and the purpose of the pension has been disregarded (c) the convention and the previous practice which has the force of law, in that, no pension was ever paid or claimed by the Judges who did not qualify the test of the law, has been elided (d) the most important and crucial words/expression of the relevant laws such right and fix/determination of such right, by the President has not been adverted to at all (e) once holding that the provisions of Paragraphs 2 and 3 of the Fifth Schedule are independent, still the justification of entitlement has been founded upon either of the two Paragraphs by erroneously reading those with P.O.3/1993 (f) P.O.2/1993 undisputedly was issued under Paragraph 3 of the Fifth Schedule,yet it has been misconceived that the determination by the President has been made on the basis thereof which could only be in the context of the Paragraph 2. In this behalf conspicuous omission has been committed, by not adverting to and taking in account (reproducing) the title part of P.O.2/1993, which reads as
“Whereas, the proviso to third paragraph of the Fifth Schedule to the Constitution of the Islamic Republic of Pakistan relating to the remuneration of the Judges of the Supreme Court and High Courts provides that the President may, from time to time, raise the minimum or maximum amount of pension so specified in the said paragraph” which clearly contemplated that the P.O. was only restricted to Paragraph 3 (g) P.O.7/2008 was resorted to, which was subsequently declared as ultra vires and non est by this Court in the Sindh High Court Bar Association case (h) the contemporaneous understanding of law and the factor that during the long period of about around 50 years, no Judge having a lesser tenure than the one prescribed by law for the time being in force, ever claimed or approached the Court, for the pension have grossly eluded the attention of the Court.
11. Now attending to the proposition raised from the Judges side, that as a vested right has been created in their favour, on account of the judgment thus on the basis of the doctrine of past and closed transaction, locus poenitentiae, and legitimate expectation, such right cannot be stultified and taken away which stands protected in perpetuity; suffice it to say that as per the settled law, no perpetual right can be created in favour of a citizen/a person, which (right) is against the law. The right to pension, which the judges claim to have been created in their favour, undoubtedly is founded upon “the judgment” (PLD 2008 SC 522). Obviously, this right has to sustain and cease with the fate of the said judgment. If the law declared in “the judgment”, is pronounced to be per incuriam (as has been done in the matter) “the judgment”, and the law enunciated therein stand extinguished and with the annihilation of “the judgment”, the right also vanish and the judges cannot claim, under any principle of law (quoted above), that they still should be paid the pension in future. Even though, the said judgment being per incuriam has been set aside by this Court.
In the context of the plea that the right of pension can sustain, I intend to analyze the doctrine of locus poenitentiae; my learned brother in his judgment has defined and elucidated the principle of locus poenitentiae, however at the cost of repetition, it is held that locus poenitentiae conceptually connotes, that authority which has the jurisdiction to pass an order and take an action, has the due authority to set aside, modify and vary such order/action, however there is an exception to this rule i.e. if such order/action has been acted upon, it creates a right in favour of the beneficiary of that order etc. and the order/action cannot thereafter be set aside/modified etc. so as to deprive the person of the said right and to his disadvantage. However, it may be pertinent to mention here, that as pointed out in the preceding part, no valid and vested right can be founded upon an order, which by itself is against the law. In this regard, reference can be made to the judgment reported as The Engineer-in-Chief Branch through Ministry of Defence, Rawalpindi and another Vs. Jalaluddin (PLD 1992 SC 207), the relevant part whereof reads as under:-
“It was further observed that locus poenitentiae is the power of receding till a decisive step is taken but it is not a principle of law that order once passed becomes irrevocable and past and closed transaction. If the order is illegal then perpetual rights cannot be gained on the basis of such an illegal order.”
Further dictas in this behalf are:- Abdul Haque Indhar and others Vs. Province of Sindh through Secretary Forest, Fisheries and Livestock Department, Karachi and 3 others (2000 SCMR 907)and M/s Excell Builders and others Vs. Ardeshir Cowasjee and others (1999 SCMR 2089). Besides, the principle of locus poenitentiae (with its exception), in my view, primarily has the nexus and application to administrative orders and actions, and would not apply to the judicial decisions. The judicial decision can only be invalidated, quashed and annulled, through the process of appeal, revision and review, if such remedies are available to an aggrieved party under the express provisions of law. And once such decision has attained finality it operates as res judicata inter se the parties to the lis (note: the decisions however rendered by the superior Courts in so far enunciating the law has the binding effect also on all the concerned). Therefore, such a decision until the law declared therein is altered in the appropriate jurisdiction of the Court or the decision is declared as per incuriam,and is squashed it shall have the due effect. But where the judgment is set aside as in this case; the rule of locus poenitentiae,alongwith the exception, shall not be applicable, because as mentioned earlier, the doctrine primarily belongs to the administrative domain of the State and is restricted to administrative orders/actions alone. In this context, reference can be made to Clause 21 of the General Clauses Act, 1887, which provision is reproduced as below:-
“Power to make, to include power to add to, amend, vary or rescind, orders, rules or bye-laws. Where, by any Central Act or Regulation, a power to issue notifications, orders, rules, or bye-laws is conferred, then that power includes a power, exercisable in the like manner and subject to the like sanction and conditions (if any), to add to, amend, vary or rescind any notifications, orders, rules or bye-laws so issued.”
While interpreting such provision, it has been held by Sindh High Court in Sheikh Liaquat Hussain Vs. The State (1997 P.Cr.L.J. 61)
“The word “orders” has been used alongwith the words “notifications, rules, and bye-laws”, and will thus be interpreted ejusdem generis, meaning thereby that it will be taken to be in the sense of an order issued by the Legislature or the Executive. Moreover, as a rule of construction the words used in a statute must be construed according to their context and as such other provisions in that statute would be very much relevant.
Section 21 should, therefore, be read in the light of sections 14 to 20 and sections 22 to 24 and then it will be clear that the word “order” in that section refers to Legislative or Executive orders and not a judicial order. I am fortified in my opinion by a Full Bench decision of Nagpur High Court reported as Venkatesh Yashwant Deshpande v. Emperor AIR 1938 Nag. 513. I will reproduce with advantage the following observations in this judgment:–
“The meaning of the word ‘orders’ becomes clear when section 21 is read in conjunction with section 24. These considerations make it clear that the word ‘order’ used in section 21, General Clauses Act, is a legislative or statutory order, that is an order having the force of law. The order passed under section 401 granting remission of punishment falls in a category different from the order contemplated in section 21, General Clauses Act. The applicability of that section is, therefore, highly doubtful. “
A learned Single Judge of the Lahore High Court also took the view that section 21 of the General Clauses Act could not be pressed into service in relation to orders passed in a judicial capacity. Reference in this connection may be made to the case of Muhammad Ibrahim and 2 others v. Municipal Committee, Chiniot through its Chairman 1990 ALD 655.”
In this behalf, reliance can also be placed upon the judgment reported as Venkatesh Yeshwant Deshpande Vs. Emperor (AIR 1938 Nagpur 513) wherein it has been held as under:-
“It is a well recognized rule of construction that the words used in a statute must be interpreted according to their context. Section 21 of the General Clauses Act, must therefore be read in light of Ss 14 to 20 which precede Ss 22 to 24 which follow. These considerations make it clear that the word ‘orders’ used in section 21 is a legislative or statutory order, that is an order having force of law.”
Moreover, in the A.I.R. Manual, 5th Edition 1989 by V.R. Manohar and W.W. Chitaley; the query at hand is addressed at on page 143 of its book. It states that Section 21 of the General Clauses Act does not apply to a decision as to the rights of parties made by particular judicial or quasi judicial or administrative authority. Orders spoken in the section are those in the nature of subordinate legislation.
My own reading of the provisions of clause 21 of the General Clauses Act with reference to the object and purpose of the Act and its various provisions leads me to form a view that, the rule of locus poenitentiae, for the purposes of the protection of the rights under the said clause, is only restricted to the administrative or executive orders/actions, and in no way is attracted to the judicial decisions, particularly where a decision is declared as per incuriam and is specifically set aside. Upon the above principles, and the reasoning the doctrine of past and closed transaction, shall also not attract hereto, specially because no right can in perpetuity either be created or be continued on the basis of a law, which has ceased to exist and has been annulled.
As far as the rule of legitimate expectation is concerned, such rule is not a part of any codified law, rather the doctrine has been coined and designed by the Courts primarily for the exercise of their power of judicial review of the administrative actions. As per Halsbury’s Laws of England, Volume 1(1), 4th Edition, para 81, at pages 151-152, it is prescribed:-
“A person may have a legitimate expectation of being treated in certain way by an administrative authority even though he has no legal right in private law to receive such treatment. The expectation may arise from a representation or promise made by the authority including an Implied representation or from consistent past practice.”
In R. Vs. Secretary of State of Transport Exporte Greater London Council (1985)3 ALL. ER 300, it is propounded that:-
“Legitimate, or reasonable, expectation may arise from an express promise given on behalf of a public authority or from the existence of a regular practice which the claimant can reasonably expect to continue. The expectation may be based on some statement or undertaking by or on behalf of the public authority which has the duty of taking decision.”
In the judgment reported as Union of India Vs. Hindustan Development Corporation (1993)3 SCC 499 at 540, it has been held:-
“The legitimacy of an expectation can be inferred only if it is founded on the sanction of law or custom or established procedure followed in regular and natural sequence. It is also distinguishable from a genuine expectation. Such expectation should be justifiably legitimate and protectable. Every such legitimate expectation does not by itself fructify into a right and therefore it does not amount to a right in the conventional sense.”
It is thus clear from the above that the doctrine only has nexus to administrative decisions and actions, and no one can have resort to it, for the purposes of claiming any right found upon any decisions of this Court, which decision and the law laid down therein is found by the Court to be per incuriam. Therefore, I do not find any merit in the plea raised by the Judges side, that their right to receive pension in future is protected on the principle of legitimate expectation despite the fact that “the judgment” has been declared per incuriam and set aside.
12. For the above question, it has been argued from the Judges side that they shall be discriminated qua the Judges of this Court as also the Judges of the High Courts who are entitled to pension in terms of Paragraph 3 of the Fifth Schedule and also clause 14 of P.O.3/1997, as having served for a term of five years or more. There can be no two opinions, that the reasonable classification and differentia is permissible under Article 25 of the Constitution. The Judges of this Court have been treated by the Constitution itself as a class apart from the Judges of High Courts for the purpose of pension, and by no conceivable reason, it can be held that both the categories of the Judges i.e. Supreme Court and High Court forms part of one and the same class. Therefore, the plea with reference to the Judges of this Court has no force. Now examining the argument in relation to those Judges who have completed five years tenure; it may be mentioned that they are again qualified to receive the pension under the mandate of the Constitution and in this behalf Paragraph No.2 of the Fifth Schedule to the Constitution, and clause 14 of P.O.3/1997 are very much clear; and I have already held (see discussion on entitlement) that the right to receive the pension is not absolute; it has to be earned and it also is not a bounty. Therefore, the Judges lacking the qualification prescribed by law for acquiring the right cannot compete with those who fulfill the requirement. It may be pertinent to state here that some of the Judges have a service tenure of one year/two years/three years; how conceivably they can compare themselves, with those who have the prescribed tenure of five years and plead discrimination. Therefore, the submission made is unfounded and is hereby discarded.
13. While assessing this question I have the privilege and advantage of going through the note of my learned brother Muhammad Ather Saeed, J. and agree thereto, therefore I shall not repeat what my brother has already expressed. However I would like to add; that in the ordinary course, the judgment(s) pronounced by this Court declaring and enunciating law has prospective effect, but still, the prospective or the retrospective application of a particular judgment depends upon the facts and circumstances of each case, and it is for the Court to decide (in each case), if the judgment should be made applicable prospectively or otherwise. In forming this opinion, I am fortified by the law laid down in the case reported as Malik Asad Ali and others Vs. Federation of Pakistan through Secretary, Law, Justice and Parliament Affairs, Islamabad and others (PLD 1998 SC 161 at page 346) (on which reliance has also been placed by my learned brother in his judgment) the relevant part whereof reads “Even otherwise, as pointed out by us earlier, this Court while adopting an interpretation of the provision of the law or the Constitution which is at variance from the existing view, it is only declaring the correct law as an apex Court. By doing so, it neither legislates any new law nor amends the existing law. Therefore, while interpreting a provision of law or the Constitution, this Court can also provide the date from which the interpretation given by it is to come into effect, keeping in view the nature of the provision it is interpreting, the likelihood of possible prejudice which may be caused to an individual or a body of individual and the requirement of justice in the case (emphasis supplied)”. In Malik Asad Ali’s case (supra), quite a few precedents on the subject have been cited. In my view the present decision warrants prospective application i.e. from the date of its pronouncement and I have reasons to form such an opinion.
However, before propounding those reasons I intend to state that a judgment per incuriam is not a judgment without jurisdiction and thus it is neither void nor nullity in the eyes of law therefore, the fallout of a void verdict/order shall neither follow nor can be resorted to; moreover in the context of this case, I find no relevance, to compare the interest of the Judges with the State and/or the public interest, on the touchstone of the maxim “salus populi est supreme lex” or on the rule that the individual interest has to give way to the public welfare and interest. Be that as it may, my reasons for giving this judgment prospective effect are:- majority of the Judges have not even approached this Court to seek the relief for the grant of pension, rather it is only in terms of paragraph No.34 of “the judgment” which provides “In consequence to the above discussion, the Constitution Petitions Nos. 8/2000, 10/2001, 26/2003, 34/2003, 04/2004 and 26/2007, filed by the retired Judges of the High Courts are allowed and the petitioners/applicants in these petitions and miscellaneous applications, along with all other retired Judges of the High Courts, who are not party in the present proceedings, are held entitled to get pension and pensionary benefits with other privileges admissible to them in terms, of Article 205 of the Constitution read with P.O.No.8 of 2007 and Article 203-C of the Constitution read with paras 2 and 3 of Fifth Schedule and P.O. No.2 of 1993 and P.O.3 of 1997 from the date of their respective retirements, irrespective of their length of service as such Judges (emphasis supplied)” that they were contacted by the Registrar of the respective High Courts (as this is the stand taken by them and I have no reasons to disbelieve) and they were offered the pension. Some of the beneficiaries of “the judgment” are the widows of the retired Judges. It is nobody’s case that they have practiced and played any fraud or committed some foul in gaining and procuring the pension, so as to disentitle them to retain such gain, on the known principle, that no one should be allowed to hold the premium of his wrong/fraud and/or retain ill gotten gains. Rather to the contrary they have received the monies under the judicial dispensation by the apex Court, which was considered as valid enunciation of law, till the present decision and the pension was paid and received by them in bona fide belief of the entitlement; none of the concerned, ever pointed out the depravity and the vice of “the judgment”, though “the judgment” was known at all the levels of the High Court(s) and also in other judicial circles, rather it was a publicly known fact, yet the verdict was left outstanding for a considerably long period, thereby allowing the Judges to derive benefit of “the judgment”; I am not persuaded that the Registrar of this Court or for that matter all the concerned, at all the levels, including the learned Members of this Bench, who graced the respective High Courts of the country as the Chief Justices were unaware of “the judgment”, but still no timely action was initiated to set the wrong law, right and the time was allowed to pass. If a wrong and an error has been committed in the declaration of law (PLD 2008 SC 522), the responsibility rests on this Court and it is fundamental rule of law and justice, that the act of the Court shall prejudice none; in my view this principle tilts in favour of the Judges, rather the State. Because on account of the lapse of considerable time, most of the Judges might have spent and consumed the amount received by them, as they are expected to have decent living after their retirement; the amount so received might have expended on the education and marriages of their children; the possibility that they might have acquired an abode to spend rest of their life to avoid dependency on their scion cannot be ruled out. This amount might have been utilized on their daily expense and sustenance and in the discharge of their other social and financial obligations.
And if now the amount is ordered to be recovered from them they might have to sell their assets (shelter) and belongings. Those who have no assets or saving might be compelled and constrained to entreat others or borrow which would definitely not behove with their status and position as the retired Judges; baring few, most of them are of old age and I am not sure they have the ability and capacity, at such an advance age to generate the requisite amount for the refund. Enforcing the refund of the amount upon them may cause innumerable predicament for them and may lead to a very pathetic and a ludicrous situation for them. And all those who have once graced the superior judiciary, might in this scenario be rendered destitute and precarious and deprived of even a modest life and living in future. But for the commission of no wrong, fraud, foul and fault on their part. Rather as stated earlier an error and mistake perpetrated by this Court. Therefore, I am of the considered view that the present judgment be given prospective effect.
14. I also do not find that in this matter the principle of restitution, which in the normal situation where a decision is reversed should apply because the judgment is not being set aside on the approach of any aggrieved party, but on its own motion by this Court for the purposes of setting the wrong law correct. Furthermore, I am not impressed by a thought that as “the judgment” was rendered during the period when the real judicial set up was lacking in country, therefore the recovery is justified, because to my mind all such decisions made and verdicts given in between the period of 3rd March, 2007 and 23rd March, 2009 have been saved as per the doctrine of defacto jurisdiction (see para 178 of the Sindh High Court Bar Association case) however without debaring in any manner this Court in its appropriate/proper jurisdiction, including its suo moto jurisdiction to examine such decisions and to set aside those, inter alia, on the basis of rule of per incuriam; and “the judgment” is no exception to it, however, it shall be perilous to impute motives to the Judges in rendering the judgments. Be that as it may, in not conferring retrospective effect to the present judgment and I am persuaded by the law laid down by this Court in The Engineer-in-Chief Branch through Ministry of Defence, Rawalpindi and another Vs. Jalauddin (PLD 1992 SC 207) (to which reference has also been made by my learned brother in his judgment) wherein while considering the aspects of locus poenitentiae and past and closed transaction, with regard to an order involved in that case, which was declared to be illegal, it has been held as under:-
“Locus poenitentiae is the power of receding till a decisive step is taken. But it is not a principle of law that order once passed becomes irrevocable and it is past and closed transaction. If the order is illegal then perpetual rights cannot be gained on the basis of an illegal order. In the present case the appellants when came to know that on the basis of incorrect letter, the respondent was granted Grade-11, they withdrew the said letter. The principle of locus poenitentiae would not apply in this case. However, as the respondent had received the amount on the bona fide belief, the appellant is not entitled to recover the amount drawn by the respondent during this period when the letter remained in the field.”
Therefore following the above dictum, I hold that the amount so far received by the Judges should not be recovered, from them, as it shall be oppressive and more prejudicial to the Judges, as against the respondent of the case i.e. (of PLD 2008 SC 522) and the State, which (State) even never ever filed any review against “the judgment”, even after the success of the movement for the restoration of real judiciary. And even now the recovery has not been pressed for before us by the State. However, as now the judicial verdict (PLD 2008 SC 522) under which the Judges had and have been receiving the pension, is declared per incuriam and is set aside, obviously their right to receive the pension has ceased and come to an end, rather they are disentitled to receive pension in future. And as mentioned earlier, such right for the future receipt of pension is not protected under any principle, rule and on jurisprudential plain.
15. While summation of my this discourse, I want to state that in the judgment authored by my brother Anwar Zaheer Jamali, J. it has been held that for the purposes of the entitlement to pension, there is no distinction between “a Judge” and an “Additional Judge” of the High Court. In this behalf, my brother has taken into account the definition of a “Judge” provided in Article 260 of the Constitution and reference to certain P.Os. have also been made, the definition of remuneration etc. has also been considered, but with due deference to my learned brother, I am not inclined to endorse such a view and the reasoning; because in my humble estimate, the object and purpose of such appointment (see Article 197) is different and the definitions are only meant for the purposes of the functions/privileges and remuneration of an “Additional Judge” during the course of his service as Additional Judge, but does not entitle him for pension even if he has served for five years. Anyhow as in the present scenario, in my view the above question is only rendered academic and as we have not received much assistance on the point, therefore, I shall leave the issue open and left to be resolved in some appropriate matter.
EJAZ AFZAL KHAN,J:- I have gone through the judgment authored by my brother Mr. Justice Anwar Zaheer Jamali. Though I agree with the judgment yet I would like to record reasons of my own on certain points.
2. The entire argument of the learned counsel appearing to defend the judgment rendered in the case of “Accountant General, Sindh and others. Vs. Ahmed Ali U. Qureshi and others” (PLD 2008 SC 522) hinges on the words “every judge of a High Court” used at the start of paragraph 2 of Fifth Schedule to the Constitution of the Islamic Republic of Pakistan, 1973. The main thrust of their argument is that when it has been provided in the said paragraph that every judge of a High Court shall be entitled to such privileges and allowances and to such rights in respect of leave of absence and pension the legislature in its wisdom can never be said to have conditioned the incidence of such rights with having put in not less than five years of service as such judge. It, according to them, recognized the entitlement of every judge to the privileges and allowances and such rights in respect of leave of absence and pension irrespective of their length of service, therefore, it has to be determined by the President and that failure to do so will not culminate in the extinguishment of such rights. These arguments so to speak, evince an element of ingenuity but when all the paragraphs of the Schedule are read in their correct perspective, these arguments appear to be fallacious both legally and logically. What paragraph-2, in simple words, provides is that every judge of a High Court shall be entitled to such privileges and allowances and to such rights in respect of leave of absence and pension as may be determined by the President and until so determined the judges of the High Court would get what they were, immediately before the commencing day, entitled to. Now the question arises what the judges of the High Court entitled to before the commencing day of the Constitution. The answer can well be found in paragraph-13 of Order IX of 1970. The relevant provisions of the Ordinance read as under:-
“13. Conditions of admissibility of pension. – A Judge shall, on his retirement, resignation or removal, be paid a pension in accordance with the provisions of this Order if he has —-
a) completed not less than five years of service for pension and attained the retiring age; or
b) completed not less than ten years of service for pension and, before attaining the age, resigned; or
c) completed not less than five years of service for pension and, before attaining the retiring age, either resigned, his resignation having been medically certified to be necessitated by ill-health, or been removed for physical or mental incapacity;
Provided that, for the purpose of clause (a) of Part I of the First Schedule a deficiency of three months or less in the service for pension as Judge shall be deemed to have been condoned.
14. Determination of pension. — Subject to the provisions of this Order, the pension payable to a Judge who, on his retirement, is entitled to a pension under this Order shall be calculated —
a) in the case of a Judge who is not a member of a service in Pakistan or who immediately before his appointment as a Judge did not hold any other pensionable civil post in connection with the affairs of the Centre or of a Province, in accordance with the provisions of Part I of the First Schedule;
b) in the case of a Judge who is a member of a civil service in Pakistan or who immediately before his appointment as a Judge held any other pensionable civil post in connection with the affairs of the Centre or of a Province, in accordance with the provisions of Part II of the First Schedule, unless he elects to receive pension under Part I of the said Schedule.
15. Pension of Judges not covered by paragraph 13. — A Judge who immediately before his appointment as such was a member of a civil service in Pakistan or was holding a post in connection with the affairs of the Centre or of a Province and who does not fulfill the conditions laid down in paragraph 13 shall, on retirement, be entitled to such pension as would have been admissible to him in his service or post, had he not been appointed a Judge, his service as a Judge being treated as service for the purpose of calculating that pension”.
2. An identical provision can be found in the Constitution of 1962 and that of 1956 in the same words which provided that every judge of a High Court shall be entitled to such privileges and allowances and to such rights in respect of leave of absence and pension as may be determined by the President and unless so determined to the privileges, allowances and rights to which immediately before the commencing day the judges of the High Court were entitled. What was the instrument regulating the entitlement of the judges to the privileges and allowances and to such rights in respect of leave of absence and pension immediately before the commencing day of the aforesaid Constitution.
The answer can be found in the relevant provisions of The High Court Judges Order 1937 which read as under:-
“Pension. 17.— (1) Subject to the provisions of this Order, a pension shall be payable to a Judge on his retirement if, but only if, either –
a) he has completed not less than 12 years’ service for pension; or
b) he has completed not less than 7 years’ service for pension and has attained the age of sixty; or
c) he has completed not less than 7 years’ service for pension and his retirement is medically certified to be necessitated by ill-health”.
2) The [President] may for special reasons direct that any period not exceeding three months shall be added to a Judge’s service for pension:
Provided that a period so added shall be disregarded in calculating any additional pension under Part I or Part II of the Third Schedule to this Order”.
3. All provisions of the orders reproduced above show that a Judge shall have a right to pension only if he has put in the prescribed qualifying service. Mere appointment as a Judge will not entitle him to pension. Many instruments regulating the entitlement of judges of the High Court to privileges and allowances and rights in respect of leave of absence and pension like Order II of 1993 and Order IX of 1970 have been enforced but none of them entitles them to rights to pension if they have put in less than five years of service. It, thus, clinches the matter once and for all and leaves no doubt that rights of the judges to pension who have put in less than five years of service also stand determined. What was required to be enforced under the enabling provision of the Fifth Schedule stood enforced in the form of Order II of 1993 and Order III of 1997 which have been extensively reproduced in the main judgment.
When this being the case, we don’t understand where do the rights to pension of the judges who have put in less than five years of service come from. It was argued by one of the counsel representing the retired judges that if the rights of the judges to pension who have put in less than five years of service, have been recognized by the Constitution, it could not be denied due to inaction of the President as the very conferment of the power enabling him to determine such rights would invariably call for its exercise. But this argument, to say the least, appears to be misconceived as there has not been any inaction on the part of the President at any stage or at any point of time, inasmuch as, he enforced Order II of 1993 and Order III of 1997 determining such rights in clear and unambiguous terms. Once these rights have been determined pursuant to paragraph 2 of Fifth Schedule of the Constitution, we don’t think any judge who has put in less than five years service can be left with a hope or an occasion to wait for yet another order determining the rights in accordance with his wishful thinking.
4. The provision recorded in the judgment rendered in the case of “Accountant General, Sindh and others. Vs. Ahmed Ali U. Qureshi and others” (supra) entitling a Judges to pension who have put in less than five years of service is paragraph 4 of Order VIII of 2007 but when this and the paragraph succeeding it are read together and each word used therein is given due meaning, it does not tend to support the deductions drawn therefrom. None of the words used in the aforesaid paragraphs could lead to the meaning wrung and wrested therefrom in the judgment under review. It appears that the aforesaid paragraphs have not been read carefully nor were they interpreted in their correct perspective.
5. When asked whether the Judges who have put in less than five years of service could retain the benefits they have received in case the judgment rendered in the case of “Accountant General, Sindh and others. Vs. Ahmed Ali U. Qureshi and others” (supra) is set at naught, learned counsel representing the Judges submitted that it being a transaction past and closed cannot be reopened because a subsequent decision being prospective in operation cannot be applied retrospectively. But when asked how the Judges who have put in less than five years service, could retain the benefits they have received or continue to receive if the judgment furnishing basis for grant of such benefits is set at naught and thus rendered non existent, no satisfactory reply was given by any of the counsel representing them. Granted that a subsequent precedent overruling a previous one being prospective in operation cannot be applied retrospectively but this principle will not apply when the judgment furnishing a basis for a right or entitlement stands annulled on having been reviewed. Therefore, a judgment reversing or declaring a judgment per incuriam in review cannot be treated at par with a judgment overruling or declaring a precedent in another case as per incuriam. As for example, a pre-emptor, succeeding to get a decree from a Court, in a pre-emption case without having a superior right of pre-emption and without making demands which are sine qua non for the enforcement of such right, cannot claim any right or benefit much less vested on the basis of such decree when it is annulled by the Court granting it in the exercise of its review jurisdiction. Retention of a benefit or right thus acquired cannot be justified under any cannons of law, justice and propriety. It cannot be justified on the plea of bonafide either. What is illegal would remain illegal. It cannot be changed into legal by pleading bonafide.
6. When learned counsel for the respondents could not find any statutory basis to shield the benefits the latter received, they sought to shield them behind the principle of locus poenitentiae by arguing that an order extending a right cannot be rescinded, revoked or recalled if it is acted upon and in consequence a right has accrued. This principle cannot help them firstly because it is not applicable to judicial proceedings and secondly because it cannot be applied in a vacuum without considering the import of provisions contained in section 21 of the General Clauses Act. According to the aforesaid provision, the authority passing such order, in the first instance must have a power to pass, and then recall, revoke or rescind it. Where the authority passing the order has no power to pass it, its recall, revocation or rescindment can’t be precluded on the ground that it has been acted upon and in consequence a valuable right has accrued. An order passed without a power, would be just non-est. The judgment rendered in the case of “Accountant General, Sindh and others. Vs. Ahmed Ali U. Qureshi and others” (supra), when read with open eyes does not appear to have been based on and backed by any order, instrument or any statutory provision worth the name. It, therefore, has no basis altogether. If at all it had any by any stretch of imagination, it vanished and withered away on having been reviewed. Needless to say, that fall of basis would call for the fall of the superstructure raised thereon. Effect of the judgment in Constitution Petition No. 127 of 2012 declaring the judgment rendered in the case of “Accountant General, Sindh and others. Vs. Ahmed Ali U. Qureshi and others” (supra) as per incuriam would be prospective as well as retrospective when the existence of the latter on having been reviewed has been reduced into non-existence unlike the judgments overruled or dissented from inasmuch as they for having been rendered in different cases do not reopen the matters past and closed.
7. I have also been deliberating since the commencement of hearing of their case till the writing of this note to find some justification for the retention of the benefits received by the learned Judges but could not find any. In case I create or contrive one in this behalf, I cannot find any reason to deny the same relief to the others whose case is either in the pipeline or who have yet to retire. I also could not find any intelligible differentia for a classification amongst the Judges who have received the benefits and those who have yet to receive notwithstanding they are similarly placed. Even otherwise, a benefit extended in derogation of the law cannot be justified to be retained simply because it has been received as such.
Judge
Muhammad Ather Saeed, J:- I have had the pleasure of perusing the very elaborate judgment written by my lord Answar Zaheer Jamali, J. and I fully agree with him that the matter regarding pension of Judges was not correctly enunciated by the judgment of three Members Bench of this Court in the case of Accountant General Sindh and others v. Ahmed Ali U. Qureshi reported in PLD 2008 SC 522 and I am also a signatory to the short order passed on 11-4-2013 whereby we have declared that the above judgment is per-incuriam. My lord has very ably dicussed the entire law on the subject in respect of the short order. He has also given detail reasons for arriving at the conclusion that the pensioner benefits derived by the Hon’ble Judges who in our present judgment have been declared as not being entitled to the receipt of pensioner benefits should be restored to the public exchequer as the act of this Court in passing the judgment in Ahmed Ali case quoted supra has prejudiced the public exchequer which is held for the benefit of the general public of Pakistan. I have very carefully perused the reasons given by my lord in respect of this aspect of the case and with great respect to my lord I have been unable to bring myself to agree with his decision on this aspect.
2. My lord has initiated his discussion with the concept and import of word ‘per-incuriam’ as discussed in the celebrated judgment of this Court in the case of Sindh High Court Bar Association v. Federation of Pakistan reported as PLD 2009 SC 879 asn he has reproduced paragrapshs 37, 38 and 39 of the above judgment. In para 39 this Court has observed that once the Court has come to the conclusion that the judgment was delivered per-incuriam then the Court is not bound to follow such decision on the well known principle that the judgement itself is without jurisdiction and per-incuriam, therefore, it deserves to be overruled at the earliest opportunity and in such situation it is the duty and obligation of the apex court to rectify it. However, in this judgment this Court has not discussed or given any finding as to what will be the after effect of overruling such per-incuriam judgment and what will be the fate of any action which has been taken in pursuance of the judgment under Article 189 of the Constitution of Islamic Republic of Pakistan 1973 which provides that any decision of this Court deciding the question of law or enunciating the principle of law is binding on all the Courts and authorities in Pakistan.
3. My lord also relied on the judgement of this Court in the case of Malik Asad Ali and others v. Federation of Pakistan and others reported in PLD 1998 SC 161. From a perusal of the extracts reproduced by my lord it is seen that the following observation also forms part of the extract.
“Therefore, is as a result of interpretation of a law or a Constitutional provision by this Court, the existing interpretation or meaning of the law is changed, then it is more of a matter of public policy based on justice, equity, and good conscious than a rule of law, that an innocent person who acting bona fidely on the prevalling interpretation or meaning of law created a liability or acquired a right, be protected against the change brought about in the existing state of law as a result of its interpretation by this Court.”
4. He has also relied on the judgment of the Indian Supreme Court in the case of South Eastern Coalfields Ltd. V. State of MP reported in AIR 2003 SC 4482. The perusal of the extracts reproduced in the judgment reveals that the India Supreme Court has held as under:-
“The factor attracting applicability of restitution is not the act of the Court being wrongful or a mistake or error committed by the Court: the test is whether on account of an act of the party persuading the Court to pass an order held at the end as not sustainable, has resulted in one party gaining an advantage which it would not have otherwise earned or the other party has suffered and impoverishment which it would not have suffered but for the order of the Court and the act of such party.”
Even otherwise this case is apparently in respect of an interim order which had been acquired on account of act of the parties in persuading the Court to pass the order held at the end as not sustainable and in the judgement which has been termed per-incuriam the Court has not been wrongly persuaded by the party but on its own examination of the relevant law reached the wrong conclusion.
5. My lord has relied on the judgments in the cases of Engineer-in-Chief Branch v. Jalaluddin reported in PLD 1992 SC 207 and Abdul Haq Indhar v. Province of Sindh reported in 2000 SCMR 907 and has mentioned that in the cases it was held as under :-
“it was held that locus poenitentiae is the power of receding til a decisive step is taken but it is not a principle of law that order once passed becomes irrevocable and past and closed transaction. If the order is illegal then perpetual rights cannot be gained on the basis of such an illegal order. In the other case of Abdul Haq Indhar (supra), discussing the principle of locus poenitentiae, provisions of section 21 of General Clauses Act were also considered and it was affirmed that the authority which can pass an order, is entitled to vary, amend, add to or to rescind that order, as locus poenitentiae is the power of receding till a decisive step is taken, but it is not a principle of law that order once passed becomes irrevocable and past and closed transaction. If the order is illegal then perpetual rights cannot be gained ont eh basis of such an illegal order.”
The important word in these judgments is the word ‘perpetual’. This word has been defined in Oxford Dictionary to mean continuous, therefore, the interpretation of these judgments will be that no continuing or continuous right or benefit can gained from an illegal order. There can be no cavil to this proposition but his does not mean that benefits gained during the validity of an illegal judgment cannot be retained.
6. My lord has also relied on the short order and the judgment in the case of Syed Mehmood Akhtar Naqvi v. Federation of Pakistan reported in PLD 2012 SC 1054 and 1089, where a declation was issed against the eligibility and qualification of MNAs, Senators and MPAs for being members of the Majlis-e-Shoora because of holding dual nationality and they had been directed to refund all monetary benefits drawn by them during the period they kep public office and had drawn emoluments.
7. He has also relied on the judgment of this Court in case of Muhammad Yasin v. Federation of Pakistan reported in PLD 2012 SC 132 in which the appointment of Chairman OGRA was declared illegal and it was further ordered that all salaries, value of perquisities and benefits availed from the date of his appointment till the date of judgment shall be recovered by the Government from the beneficiary chairman.
8. In my humble opinion these judgements are distinguishable from the present case. In these cases the public representatives had filed false affidavits and have failed to disclose their status of dual nationality and therefore were subjected to disqualification under Article 62 and 63 of the Constitution of Islamic Republic of Pakistan 1973 and Chairman OGRA was illegally and unlawfully appointed by the Government but in the present case the Hon’ble Judges have not done any thing illegal in drawing pensioner benefits in view of the judgment in the case of Ahmed Ali quoted supra and in the most of the cases the various High Courts had themselves asked the Hon’ble Judges to apply for pensioner benefits in view of the dictum quoted above. My lord has also observed that the case of legislators and Chairman OGRA as tey had been working as public legislators and Chairman OGRA and drawing salary for their work whereas the Hon’ble Judges were not doing any work. I am of the view that the pensioner benefits are given after retirement not for working after retirement but the services redered during the post retirement period. It has held in Asad Ali’s case quoted supra that if on the basis of enuniciation of law by this Court certain innocent persons have acquired any right, those persons should be protected.
9. I am, therefore, of the considered view that our judgment declaring earlier judgment per-incuriam should be given prospective effect and the pensioner benefits being paid to these Judges shold be stopped forthwith but no direction should be given to them for returning the pensioner benefits they had acquired till the passing of this judgment.
Judge
Iqbal Hameedur Rahman, J: – I have the honour and privilege of going through a very lucid judgment expounded by my lord Justice Anwar Zaheer Jamali, J, as well as additional notes of my lords Justice Mian Saqib Nisar and Justice Muhammad Ather Saeed, JJ, wherein very persuasive and elaborate interpretation has been given with clarity in pursuance to our short order dated 11.04.2013, whereby the judgment rendered by this Court in the case of Accountant-General, Sindh and others vs. Ahmed Ali U. Qureshi and others (PLD 2008 SC 522) has been declared to be perincuriam.
2. Both my lords, Justice Anwar Zaheer Jamali and Justice Mian Saqib Nisar, JJ, have in exhaustive manner dealt with the contentions raised by respondents-Judges and the law alongwith the interpretation of constitutional provisions extensively with clarity and reasoning supported by celebrated judgments and I fully concur with the reasoning and conclusions being propounded by my lords by holding the judgment in the case of Accountant-General, Sindh and others vs. Ahmed Ali U. Qureshi and others per-incuriam. There is no cavil to the same and I fully agree with the same, but with due reverence and humility to my lord Justice Anwar Zaheer Jamali, J, I find myself not in consonance with the view that the judgment should take retrospective effect rather, on this issue, I concur with my lords Justice Mian Saqib Nisar and Justice Muhammad Ather Saeed that the judgment should take prospective effect, and in this regard I am fully in accord with the reasons given by my lord Justice Mian Saqib Nisar, J, which reads as under: –
“13. …….. Be that as it may, my reasons for giving this judgment prospective effect are:- majority of the Judges have not even approached this Court to seek the relief for the grant of pension, rather it is only in terms of paragraph No.34 of “the judgment” which provides “In consequence to the above discussion, the Constitution Petitions Nos. 8/2000, 10/2001, 26/2003, 34/2003, 04/2004 and 26/2007, filed by the retired Judges of the High Courts are allowed and the petitioners/applicants in these petitions and miscellaneous applications, along with all other retired Judges of the High Courts, who are not party in the present proceedings, are held entitled to get pension and pensionary benefits with other privileges admissible to them in terms, of Article 205 of the Constitution read with P.O.No.8 of 2007 and Article 203-C of the Constitution read with paras 2 and 3 of Fifth Schedule and P.O. No.2 of 1993 and P.O.3 of 1997 from the date of their respective retirements, irrespective of their length of service as such Judges (emphasis supplied)” that they were contacted by the Registrar of the respective High Courts (as this is the stand taken by them and I have no reasons to disbelieve) and they were offered the pension. Some of the beneficiaries of “the judgment” are the widows of the retired Judges. It is nobody’s case that they have practiced and played any fraud or committed some foul in gaining and procuring the pension, so as to disentitle them to retain such gain, on the known principle, that no one should be allowed to hold the premium of his wrong/fraud and/or retain ill gotten gains. Rather to the contrary they have received the monies under the judicial dispensation by the apex Court, which was considered as valid enunciation of law, till the present decision and the pension was paid and received by them in bona fide belief of the entitlement; none of the concerned, ever pointed out the depravity and the vice of “the judgment”, though “the judgment” was known at all the levels of the High Court(s) and also in other judicial circles, rather it was a publicly known fact, yet the verdict was left outstanding for a considerably long period, thereby allowing the Judges to derive benefit of “the judgment”; I am not persuaded that the Registrar of this Court or for that matter all the concerned, at all the levels, including the learned Members of this Bench, who graced the respective High Courts of the country as the Chief Justices were unaware of “the judgment”, but still no timely action was initiated to set the wrong law, right and the time was allowed to pass. If a wrong and an error has been committed in the declaration of law (PLD 2008 SC 522), the responsibility rests on this Court and it is fundamental rule of law and justice, that the act of the Court shall prejudice none; in my view this principle tilts in favour of the Judges, rather the State. Because on account of the lapse of considerable time, most of the Judges might have spent and consumed the amount received by them, as they are expected to have decent living after their retirement; the amount so received might have expended on the education and marriages of their children; the possibility that they might have acquired an abode to spend rest of their life to avoid dependency on their scion cannot be ruled out. This amount might have been utilized on their daily expense and sustenance and in the discharge of their other social and financial obligations. And if now the amount is ordered to be recovered from them they might have to sell their assets (shelter) and belongings. Those who have no assets or saving might be compelled and constrained to entreat others or borrow which would definitely not behove with their status and position as the retired Judges; baring few, most of them are of old age and I am not sure they have the ability and capacity, at such an advance age to generate the requisite amount for the refund.
Enforcing the refund of the amount upon them may cause innumerable predicament for them and may lead to a very pathetic and a ludicrous situation for them. And all those who have once graced the superior judiciary, might in this scenario be rendered destitute and precarious and deprived of even a modest life and living in future. But for the commission of no wrong, fraud, foul and fault on their part. Rather as stated earlier an error and mistake perpetrated by this Court. Therefore, I am of the considered view that the present judgment be given prospective effect.”
3. I, therefore, consider the judgment Accountant-General, Sindh (supra) to be per-incuriam, which should be given prospective effect and the pensionary benefits being paid to the Judges should be discontinued with effect from passing of the judgment and order by this Court, but no direction for the of recovery of pensionary benefits and emoluments already availed by them can be given, as the same are undoubtedly not obtained by them on account of any commission of wrong, fraud or fault on their part rather the same have been availed on account of a mistaken judgment by this Court. As such, the instant judgment and order cannot be given retrospective effect.
Judge.
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Writing and reviewing study papers is among the most difficult aspects of school work. You want to understand where to start and also have a fantastic grasp of what is necessary to write and review research documents. It is easy to become overwhelmed when writing and reviewing research papers as you want to stay writing during the project, but the key is to stay in control and be certain you don’t get bogged down.
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Posted by Rich Weill on Wednesday, October 6, 2010
1 person likes this
I'm not saying that playing the banjo is easy. There is a lot to learn and, more importantly, a lot of good habits to ingrain: hand position and tone, rhythm and timing, finger patterns, chord formations, left-hand techniques, etc. But the basic concepts behind playing the banjo Scruggs-style are relatively straightforward:
Music is made up of rhythm, harmony, and melody. Not all instruments play all three. Some instruments are single-note instruments and thus cannot play both melody and harmony. All instruments play rhythm; some instruments play only rhythm.
Backup banjo plays rhythm and harmony. Lead banjo plays rhythm, harmony and melody.
Rhythm on the banjo is produced by right-hand patterns: rolls, vamps, pinches -- played with proper timing.
When those right-hand patterns are played over a chord progression, you have both rhythm and harmony -- all you need to play backup.
When you choose right-hand roll patterns that allow you to pick a sufficient number of melody notes (which generally are found either in or near the chord) close to where they fall in the tune, you have rhythm, harmony, and melody.
All the rest is style. Some people use a wide variety of right-hand patterns. Others use very few. Some people play with bounce. Others space their notes evenly. Some people use a lot of left-hand techniques to embellish the melody and give it flavor. Others prefer a leaner, cleaner sound. Some people use the entire neck, jumping from octave to octave. Others stay in the first five frets. Some people go for all sorts of hot licks. Others choose to play things more simply.
But the basics are just rhythm, harmony, and melody. Let's not make it more complicated than it really is.
Thursday, October 7, 2010 @5:49:09 AM
Thanks for the insight. Im sure more of the seasoned players would say its not that simple but as a fairly new player your post is very insightful for me, keep the post coming.
Tuesday, November 9, 2010 @9:53:18 AM
Well, this applies to music in general and playing music on any instrument,i.e. melody,harmony and note patterns. But if you choose to play "Scruggs style' the way most folks do, that involves learning his vocabulary of licks and phrases and his adaptations of melody. The real complex part of learning someones 'style' inst in the basic musical concepts, because they are universal. The task is learning the physical aspects of the 'style' itself. So becoming a proficient Scruggs player can be much more complex, if you try and acquire his level of technique and body of work.
Tuesday, November 9, 2010 @12:22:05 PM
This raises an interesting definitional issue. I don't regard the phrase "Scruggs-style" to refer necessarily to Earl Scruggs' own personal style of playing the banjo. I regard the term to describe one of the three broad categories of three-finger bluegrass banjo styles: Scruggs-style, Keith-style (or melodic), and Reno-style (or single string). Thus, in my view, you can be playing "Scruggs-style" by using rolls over chords with melody notes interspersed, regardless of whether you use Earl's own "vocabulary of licks and phrases" and "adaptations of melody." In other words, you can be playing J.D. Crowe style -- but you're still playing "Scruggs-style."
Tuesday, November 9, 2010 @7:48:55 PM
Sure Rich, I agree with that premise up to a point. But theres a line that exists for calling something authentic "Scruggs style'. In other words, just playing a forward roll over chord changes by itself doesnt constitute 'Scruggs style'. Many players used forward rolls over chords before Earl, so that isnt the definition of the style, if you see what im saying. Scruggs true stylistic elements is how he constructed phrases with rolls, that became a 'vocabulary'. He also developed a set of partial chord ideas and arpeggiated phrases that are essential to the style. If you listen to JD Crowe, Sonny Osborne, Bill Emerson, Kenny Ingram,Bela Fleck, Tony Triscka; anyone who is a true 'Scruggs style' artist, you will hear that they have learned that vocabulary and then added their own ideas to it. If any one of them just rolled over chords, they couldnt really call themselves a 'scruggs style' player. This gets to the heart of really devoting oneself to learning what really makes Scruggs style a 'style' and not removing the heart of it .Watering it down to appear that its really 'easy' is nice to give folks a good starting point and Im all for that. Ive been playing 36 years and I can tell anyone whos truly wanting to grasp Scruggs in its entirety, that its a building process that takes many years to get authentic and true. Yes, learn simple things like rolls over chords, but dont sell the style short and dilute it so that you miss what its really about. Being able to read a few items off the Mexican restaurant menu is a long way from claims "I speak Spanish..its not that hard",haha. Im not coming down on you or anything so dont take it the wrong way. But with all the Earl bashing going on these days, I have to speak out on some things related to him, like this. I appreciate your viewpoint and respect it.
Tuesday, November 9, 2010 @7:52:47 PM
Umm, you should rething your definitions of "Melodic" and single string" as being "scruggs style". This also diminished the accomplishments of Bobby Thompson, Bill Keith, Don Reno,Eddie Adcock and and other pioneers. Scruggs style isnt a mish-mash of all three. Using all three is the player making a decision to combine styles and nothing more. Its like having a handfull of red fruits and eating all of them at your leasure, but proclaiming them to be all the 'same' since they are all 'fruit'. You might like them all, but they arent all the same.
Wednesday, November 10, 2010 @7:17:11 AM
I thought I was clear above that melodic and single-string are alternatives to Scruggs-style, not part of Scruggs-style. As I said, there are three broad categories of three-finger bluegrass picking. Scruggs-style is one of the three. About the rest, again, I think it all comes down to definitions. IMHO, what distinguishes Scruggs-style from melodic and single-string is not the use of licks and phrases that Earl Scruggs created. Rather, it is the concept that harmonized melodies could be expressed on the banjo by playing arpeggiated chords (rolls) designed to grab the key melody notes in about their proper places, and accentuated the most important of these melody notes with accents, pauses, and left-hand techniques.
Wednesday, November 10, 2010 @10:05:38 AM
You've got a new blog now, so what you said before is gone. In your last blog entry you lumped melodic and single string, and mentions Bill and Don as all being 'forms' of scruggs style. They are not. Your definition omits all of scruggs phrases and licks, which is what makes his style a 'style'. Punctuating melody is the goal of any style, but its the phrasings used to fill spaces and state it, that makes the style what it is. Sorry, but I think you have a fundamental misconception happening, about 'style'.Earls style is how he constructed musical phrases (licks), to state melody and then rolling patterns that he syncopated to flow in and around melody. Earl wasnt the first to use rolls..rolls are generally arpeggiated anyway. Please dont dumb down Earls 'style' by removing the very things that make it what it is! If you remove his phrases and just play generic rolls, you've missed what makes him distinctive. Learning those phrases correctly, how to use them to state melody, backup, etc, takes time and isnt easy at all. This in important to know.. We need to be honest about what it really takes to be a good 'Scruggs ' player.
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CBD oil is all over the news, being cited as the cure-all for just about any ailment. It's legal in all 50 states to buy. Here's what I experienced with it.
*Disclaimer: Young Living has asked me to edit this post because their CBD oil isn't approved by the FDA for internal use. CBD oil is recommended, by many reputable sources - in fact, every single one - , to be inserted under the tongue, held for 30 seconds, and then swallowed. Young Living’s oil cannot be used that way, as every other CBD oil can. Consider that when buying your CBD oil.
CBD oil is all over the news. People tout it as a cure all for dang near everything - anxiety, sleep issues, pain, depression, addiction - if you've got an ailment of any variety, CBD oil is there to cure it! If you saw this post I wrote on apple cider vinegar, you'd know how blown away I was with the results of drinking it every day for a month. I really saw the benefits from it. CBD is hyped even more than ACV, so I was really excited to give it a try and tell you about all the amazing benefits I noticed from it. Except... That didn't happen this time. Read on to find out what happened when I tried CBD oil everyday for a month.
First, a tad on why I decided to try it. I've had pretty bad (as in, you know, really bad) insomnia since I had Henry. He was a terrible sleeper and I think my body just got used to having to wake up every two hours. Then we had Otto just 19 months after him, and the twins two and a half years after Otto. So, granted, I haven't had the ability to sleep through the night in over 5 years. Add in a traveling husband and it magnifies the sleep issues - I'm the only adult to respond to a child, so I sleep with one eye and one ear open, always. After Otto was born, and I was done nursing him, I went to my doctor about it and she prescribed me a non-narcotic sleeping pill. It didn't work.
After the prescription ran out, I decided to try melatonin. While that would help me fall asleep, it wouldn't help me stay asleep. I've tried herbal supplements, I've tried cutting off all screen time an hour before bed, I read for a half hour before I go to sleep to help me relax. I've even taken Ambien, which I don't have a prescription for so don't ask me how I got my hands on that, but even THAT wouldn't knock me out! It was so hard trying to function with very young kids everyday when I would be awake for at least 4-6 hours at night. It was infuriating to lay in bed awake, for no known reason, even though my babies were sleeping.
Fast forward to my pregnancy with the twins. Low and behold, I'd never slept as well as I did when I was pregnant! I'd wake up to pee, sure, but I'd go right back to sleep. It was amazing. And then I had the babies, and for the first few weeks all was well - I'd wake up to feed them, but fall right back asleep after they went down. That lasted for about a month, and then the dreaded insomnia started back up again.
By this time, CBD oil has come into fashion. It's all over the news as an AMAZING product, with so many health benefits that help or outright cure nearly any ailment. I read so many testimonials on how it helped people with insomnia, I decided to give it a try. I mean, I'm not into scarfing up prescription drugs, and my natural remedies (lavender essential oil, Epsom salt baths, magnesium supplements, Melatonin, etc) all weren't working for me. I did some research on legitimate companies who supply the oil. Because it's an herbal supplement, CBD oil is largely unregulated so I wanted to find a legitimate source of CBD oil to try for my insomnia. Or, legitimate so I was promised per Young Living, which... is also a joke. More on that here.
Now, I live in Texas. While THC-free CBD oil is legal in all 50 states, marijuana isn't legal here in any form. Technically, medical marijuana IS legal here, but it has such a narrow window of legalization, it's basically a joke. So the CBD oil I was able to purchase was a THC-free CBD oil. I started with the lowest dose, 500mg for a 1oz bottle. I wish I'd have saved my money.
First, this stuff is expensive! it was $85 for the lowest dose bottle of CBD oil. I asked a few friends and Young Living leadership how they took it, and they said straight under the tongue. So I got a lemon-lime flavored bottle. It tasted great! It was easy to use the dropper and apply the oil under my tongue. I did it once a day around 5pm.
Aaaaand... I noticed NO difference in my sleep. None. After a month, I decided to try to skip nights to see if I'd notice a difference then. Nope. Nothing. I felt nothing different, did not sleep differently in any capacity and noticed no benefits to the oil. I didn't fall asleep faster, stay asleep longer, or generally feel more rested after ingesting the THC-free oil for a month. It was SO disappointing!
I spoke to a few of my friends about my disappointment, and my upline from Young Living recommended that I try to ingest the oil twice a day for maximum benefits. I started that the same day I heard the advice! I put a dose under my tongue in the mid-morning (between 10-11am) and about two hours before I went to bed (roughly 7-8pm). Aaaaaand... I still noticed NO difference, even after trying that for a solid month. Two months in, and I noticed zero effect on my sleep. I was so disappointed. I really wanted to be able to write a post on the benefits I noticed, even if they were small. I'd love to join the thousands of testimonials on what a great product CBD oil is. But I experienced no benefits - not even one.
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I'm not saying CBD oil is a load of crap. Or that it won't work for you. Or that it won't work for a different ailment, like anxiety, or pain. Or maybe I needed a higher mg bottle, therefore creating a stronger dose. I've also heard that it's best to get it with a little THC in it, but that's not legal for me to buy here in Texas, so that's a no-go. That's the thing about unregulated products like CBD oil; there are many companies that make it at different strengths and a million different people telling you how it *should be* taken to assist whatever ailment you're experiencing. Because of the lack of regulation and the lack of knowledge the person telling/prescribing how you should take it may have, it could reasonably take you months and thousands of dollars to find what works for you - IF it ever does work for you.
I tried CBD oil everyday for a month. Did it help my chronic insomnia? Absolutely not. There was literally no change to my sleep with the addition of the CBD oil. Will I buy another bottle in a higher mg dose to try it again? Also no. If I develop some other health issue that may benefit from the oil, I'd try it again for that, but I'm not going to waste hundreds to thousands of dollars on CBD oil that had absolutely ZERO impact on helping me sleep better at night.
Posted by Paige @ An Uncomplicated Life Blog at 4:00 AM
21 comments:
Renee April 11, 2019 at 5:25 AM
Oh that's unfortunate that it didn't help your insomnia! I've been really wanting to try CBD oil for quite some time for anxiety and depression but the cost is always what holds me back! I don't want to waste money I really don't have if it isn't going to work for me. Thanks for sharing your experience!
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Crysta @ Well Worn Suitcase April 11, 2019 at 6:37 AM
I have found (in my personal experience) that the THC is a necessary ingredient. I use 20:1 for my pain (20 g CBD to 1 g THC) and have had some success.
Interesting review, glad you shared it!
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Unknown April 11, 2019 at 10:31 AM
I have been wanting to try CBD oil for awhile to see if it helps with my A.D.D. However, I am so afraid to dish out all that money and have it not work. I feel like everything I read is about how great it is, I am so happy to see another side of it.
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Amanda @ Healthy House on the Block April 11, 2019 at 12:00 PM
That's too bad that it didn't help with your sleeping. I've been interested in learning more about CBD oil, but I suppose it's a little different for everyone.
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Carolyn April 12, 2019 at 7:00 AM
That's a bummer that it didn't help you! This is a good reminder that these hyped up things don't work for everyone! Hope you find something else that works!
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Maryal April 12, 2019 at 9:49 AM
This is such an interesting review and I'm so glad you shared. I've been so curious!
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Kristy Templar April 13, 2019 at 4:36 AM
I have been taking CBD oil for two months. I can't take the oil after 11 am because it has a reverse effect on me, it keeps me awake. I was taking two doses and realized early on not to take it after 11 am so went down to only a morning dose. Once I did that, I could sleep better. I use CBD for anti inflammatory purposes and for me, it works! I also think you have to find the brand that works for you. Not all of them are the same. I started off with the Ultracell brand. Am now taking a different brand but not working as well.
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Izzy DM April 13, 2019 at 3:44 PM
Oh no, I'm sorry CBD didn't work for you. I find that kind of stuff really depends on your chemistry. CBD relaxes me a lot, although I haven't been having issues with insomnia lately-- just generalized anxiety. My husband accidentally gave me a really big dose the first time, and that definitely knocked me out, but I don't know if I can recommend that! As for insomnia, this might sound crazy, but do you think you're not tired enough? I find I have zero issues with insomnia if I'm regularly doing heavy workouts in addition to housecleaning and taking care of my two kids. The latter two things should be enough to knock me out, but somehow it's not! Don't know if you've tried that, but I thought I'd mention it as it sounds counter-intuitive so not everyone knows of it! Good luck! Insomnia is the worst!!
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Madi Rowan April 16, 2019 at 1:53 PM
It's so interesting because some people love it & others can't really notice a difference! I too don't find that taking CBD improves my sleep, but I do take it when I'm feeling bloated & it seems to help! My fiancé just started taking it as well & he loves it! I think it just depends on the person!
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Cheryl Kohan April 16, 2019 at 2:30 PM
Well, I won't try that, then. My insomnia is so sporadic. Sometimes I won't sleep well for three or four days and then I'm so exhausted that a Tylenol PM will put me out. But I don't like the groggy feeling when I wake up. If you find something that really works, let us know! Thanks for this post.
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Leanne Wong | SEO + Blogging Tips April 17, 2019 at 6:14 AM
Oh no sad to hear the CBD oil didn't help much with your insomnia. Thanks for the honest review!
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Unknown April 17, 2019 at 8:26 AM
That's too bad that it didn't help with your insomnia! I've been thinking about trying it and want to gather as much info as possible, so thank you for your honest review!
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I've heard depending on the brand and mg it can depend. Just like EO they don't work for me. It's all trial and error.
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zam July 22, 2021 at 6:34 PM
I was a HIV-AIDS patient and I got it from cheating on my wife. It was sort of a payback but a week later I was told by a friend that the person who I cheated with had the HIV-AIDS virus and did not tell me. I was so stupid by not using a condom I thought since he was an old school friend he was trustworthy. But I was wrong. I cried and cried. Two days later, I got a phone call from my friend and he told me about a person who is known by another friend, who can help me. I could not let my wife know what I was going through. I finally got his email address: oseremenspelltemple@gmail.com and I emailed this man my story and he replied me immediately saying i should be calm and told me that everything will be OK. I could not come to terms with what I was hearing but then I concluded it did not matter because I was so broken I just needed help. I was going out of my mind literally. I was confused with what he was telling me, but I listened. He told me about some materials i need to buy that he needed to cast the spell and I said OK. I bought the materials to him, I sent down my picture to him and my positive result sheet and he replied me that i am going to be negative under 3days. I message Him every 2hours for 2day and I knew he thought that I was crazy but I did care I needed a shoulder. Behold, the third day he messaged me i should go for a test that i will be negative. My marriage could be broken because of a stupid mistake and my life was on the line. I remembered when I was going to get the results of my re-test I called him up again and told him that I was going to get my results today and his reply was “so" and that everything will be as he explained. I knew then that he was getting tired of me calling him, maybe I was wrong. Well I got my results and the first person I called was him - again. As he said hello I started to cry and cry. I could not believe it. I was given a second chance in life.This man is a great spiritual HIV/AIDS healer, his healing spell on aids healing is very powerful .please brothers and sister, contact Dr Ose oseremenspelltemple@gmail.com
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Instead of clearing the air on the matter, the statements of the technical panel appointed by the Supreme Court to examine if Pegasus was used on the mobiles it examined have only added to the list of unanswered questions.
Listen to this article:
Law
This piece was first published on The India Cable – a premium newsletter from The Wire & Galileo Ideas – and has been republished here. To subscribe to The India Cable, click here.
The Pegasus Project – executed by a consortium of global news organisations, including The Wire in India – showed how governments have been using Pegasus spyware to target specific individuals. The project’s reporting identified multiple individuals in India, including members of the opposition and journalists, who had been targeted using Pegasus.
In October 2021, a number of individuals petitioned the Supreme Court of India, asking that it investigate whether Pegasus was illegally used to target them. The court set up a panel of technical experts to investigate if and how the spyware was used against citizens. The Supreme Court has now observed that the panel was unable to provide conclusive evidence that Pegasus was discovered on the devices it examined. The case, which involves requests for the report of the technical panel to be made public, will next be heard in four weeks.
One of the concerns raised is why the technical panel was unable to conclusively establish that Pegasus was used. How is it possible that the panel examined several devices of individuals who were identified as targets on the basis of forensic tests conducted by Amnesty International and peer-reviewed by Citizen Lab, and found no evidence?
Besides this, the panel received technical comments from established experts, including professors and researchers, so it would be difficult to argue that the comments put forth by these individuals and organisations were not good enough for the panel to accept.
In addition to the comments it received, the panel must certainly be aware of developments in investigations of the use of Pegasus in other jurisdictions.
In 2019, for instance, WhatsApp testified before a United States court that 1,400 individuals were targeted by Pegasus. The case in the United States assumes significance in this debate particularly because WhatsApp has confirmed that the figure in the case includes individuals from India.
In addition to this, technical evidence highlighted by the Pegasus Project was the basis on which authorities in several countries ordered independent investigations into the use of Pegasus. This includes investigations by the European Parliament as well as those in France, Spain, and Mexico. If the panel has indeed concluded that Pegasus was not used in India, it would be remarkable, since the same evidence presented to the technical panel has been deemed adequate to launch investigations into the use of Pegasus in other countries.
Another concern raised by the development is that the Supreme Court is unlikely to order an independent probe into the use of Pegasus if the technical panel concludes that Pegasus was not found on the devices it examined.
If this occurs, it will impact the rights of citizens who have been identified by independent experts and researchers, including by the University of Toronto’s Citizen Lab and Amnesty International’s Security Lab, as victims. These individuals have been and may still be targeted by spyware that infiltrates their personal lives, and the consequence of such illegal acts extends beyond their personal privacy and safety.
Because the list of potential victims includes members of the opposition, an election commissioner, a judge and staff of the Supreme Court, and journalists, the use of Pegasus to target these individuals strikes at the heart of Indian democracy.
It is important to remember that using Pegasus to target these individuals is illegal since Indian laws do not permit such hacking, with no exceptions even for the government. This makes it important for the Supreme Court to effectively investigate who ran Pegasus in India. Looking at the list of victims, it is easy to guess which government would have an interest in using Pegasus to spy on them. But without an independent investigation, we will never know for certain.
The Supreme Court continues to be the last recourse for those looking to hold those responsible for the use of Pegasus in India accountable since the government has resisted and evaded calls for an investigation into the matter and because the parliament was unable to meaningfully debate it.
As a first step towards functioning as an effective institution, the Supreme Court must avoid lurking behind the practise of using sealed covers over a key report of the technical panel. The report possibly outlines how the panel came to the decision that Pegasus was not found on the devices it analysed, and it must be made public with no redactions so that other experts may evaluate it. If the Supreme Court fails to function as an effective institution in this case, we will have three major pillars of our democracy failing to hold the government accountable when serious allegations of this nature arise.
Clearly, there is a lot more at stake in this case than the privacy of a handful of individuals. The Supreme Court’s ruling, in this case, will have effects that go beyond their rights, it will have an impact on the trust that citizens have in the independent institutions of our society. One can only hope that the Supreme Court understands this.
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Corrugated Box Packaging Market By Application (Food & Beverage, Automotive, Electronics, Health & Hygiene, Pharmaceuticals) - Growth, Future Prospects And Competitive Analysis, 2016 - 2024
List of Figures
List of Tables
This report, titled "Corrugated Box Packaging Market: Growth, Future Prospects, and Competitive Analysis, 2016–2024," offers strategic insights into the trends in the corrugated box packaging market along with the market size and forecast for the duration of 2013–2024. The said research study incorporates an in-depth analysis of multiple market segments based on application and geographical distribution.
Nowadays, the packaging of a particular product is a key component in the overall product life cycle. The growing consumer preference for lightweight and convenient packaging is driving demand for advanced packaging solutions, which can be mitigated by tapping the organized retail sector.
Corrugated packaging material is made from recycled cardboard boxes, which are eco-friendly, resulting in significant adoption of corrugated box packaging among both food and non-food manufacturers across the globe. Basically, paperboard that is utilized for the manufacturing of corrugated box packaging is defined as "containerboard." The corrugated box packaging market finds profound application for processed foods, fresh food and food products, beverages, personal and household care, chemicals, paper products, electrical goods, glassware and ceramics, wood and timber products, textiles, tobacco, transport, and others.
Based on application, the global corrugated box packaging market is segmented into food & beverage, automotive, electronics, health & hygiene, pharmaceuticals, and other consumer goods. This report presents the market size and forecast for all segments considered for the period 2013-2024 (US$ Mn), as well as their respective CAGRs for the forecast period 2016-2024 (value%).
In terms of geographical distribution, the global corrugated box packaging market is studied for five major regions, namely, North America, Europe, Asia-Pacific, Latin America, and the Middle East and Africa. Market size and forecasts for each regional and country-level market are included in the report for the considered periods.
Along with the quantitative information sets, this report also provides qualitative information, such as market dynamics and an executive summary, for the global corrugated box packaging market. The report also includes tools to help readers with competitive mappings, such as competition assessment and appealing investment propositions. This study concludes with a company profile section. This section includes major information about the key companies engaged in the corrugated box packaging market.
Based on application, the global corrugated box packaging market is segmented as follows:
Health and Hygiene
Corrugated boxes are found in different combinations and styles and are thus used in both food and non-food applications. Among the aforementioned applications undertaken in the study, the food and beverage segment held the largest market share in 2015. Demand for efficient packaging solutions in food and beverage products is a key factor driving the corrugated box packaging market's growth. By 2024, food and beverages are anticipated to remain dominant in terms of revenue contribution, followed by electronics and other consumer goods segments.
The electronics segment is anticipated to record the highest CAGR during the forecast period. Online shopping has gained momentum among consumers across the globe, which is a key factor fueling the demand for corrugated box packaging in the electronics segment. Furthermore, the global adoption of online shopping has resulted in the development of sustainable and convenient packaging that ensures product safety during transportation, ease of handling, and cost savings. Other consumer goods segments are expected to witness significant growth, especially in the Asia Pacific region, during the forecast period. Since the food and beverage industry and consumer goods are major contributors to the overall economy in the Asia Pacific region, the corrugated box packaging market is expected to grow significantly in the next five to six years.
For the purpose of this study, the global corrugated box packaging market is categorized into three segments:
U.S.
Canada
Germany
France
Italy
Brazil
Mexico
Middle East and Africa
South Africa
Rest of the Middle East and Africa
In 2015, North America was the leading market, followed by Asia Pacific and Europe. Asia Pacific and Europe collectively accounted for more than 50% of the market in terms of value. Corrugated box packaging market growth in Europe and North America is primarily driven by the demand for sustainable packaging among end-use industries coupled with new product launches catering to the increasing demand for corrugated box packaging, especially among electronics and consumer goods manufacturers.
However, growth is projected to be fastest in the Asia Pacific region during the forecast period of 2016 to 2024. Urbanization, a growing and aging population, the nuclear family concept, government intervention for the development of eco-friendly products, and other factors are driving the growth of the Asia Pacific corrugated box packaging market. The market for corrugated box packaging in Latin America is anticipated to record significant growth, followed by the Middle East and Africa.
Frequently Asked Questions:
What is the size of Corrugated Box Packaging Market?
The market for Corrugated Box Packaging Market is expected to reach US$ 210.9 Bn By 2024.
What is the Corrugated Box Packaging Market CAGR?
The Corrugated Box Packaging Market is expected to see significant CAGR growth over the coming years, at 4.6%
What is the Forecast period considered for Corrugated Box Packaging Market?
The report is forecasted from 2016-2024.
What is the base year considered for Corrugated Box Packaging Market?
The base year of this report is 2015.
Who are the major players in this market?
Georgia-Pacific Equity Holdings LLC, Lee & Man Paper Manufacturing Ltd. Oji Holdings Corporation, Rock-Tenn Company are some of the major players in the global market.
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By Rustin Dodd
Jul 5, 2018
KANSAS CITY, Mo. — The Royals signed first-round pick Brady Singer on Tuesday, giving the former Florida star $4.25 million and a Royals uniform during a press conference at Kauffman Stadium.
It could be a while before Singer wears any uniform again.
J.J. Picollo, the Royals’ assistant general manager, said Wednesday that the club would likely “back off” Singer this summer after he endured a heavy workload at Florida and pitched through a hamstring issue during his final college starts.
The deliberate plan, however, will not extend to Jackson Kowar, Singer’s Florida teammate, who signed for $2,147,500 Monday after being selected No. 33 overall in the June draft. The Royals plan to send Kowar out on an assignment as he continues to work on some changes he implemented during his junior year at Florida, Picollo said.
“He was making some strides developmentally with his delivery,” Picollo said. “In talking to our scouts, in talking to his former coaches, in talking to him, he was making some strides with his delivery and really starting to turn the corner. So we look at this as an opportunity to continue when you’re doing something good. Let’s continue to do it.
“Obviously, we won’t tax him with a lot of innings. We just have to decide how many innings it will be, and where we’re going to do it.”
Picollo said that Kowar’s ability “is that of an A-ball pitcher right now” and that he could handle an assignment at Low-A Lexington. But the club is still parsing that decision.
Kowar posted a 3.04 ERA in 112 1/3 innings across 18 starts in 2018. He logged one of his best outings against Texas in the College World Series, striking out a career-high 13 in 6 2/3 shutout innings.
He became the first pitcher to strike out at least 13 hitters in the College World Series since UCLA teammates Gerrit Cole and Trevor Bauer both accomplished the feat in 2010. The Royals appear willing to give Kowar some innings to build on the form he found in Omaha.
“Our feeling is he can go pitch a few more innings,” Picollo said. “We don’t know what that number looks like. But we’ll go game to game and evaluate it.”
Picollo described Singer’s case as “a little different.” The Royals believe in Singer’s delivery, and scouts describe him as a more advanced pitcher. He logged 113 innings as a junior, posting a 2.55 ERA, after throwing 126 as a sophomore. He also pitched through hamstring soreness while the Gators, the defending NCAA champions, returned to the College World Series.
“He battled through some hamstring issues throughout the year that put his body at risk,” Picollo said. “But he’s kind of the ultimate competitor. He just kept pitching.
“Our instinct right now is more to back off. His delivery is very polished. Two years in a row, he’s had a really heavy workload. And (Singer and Kowar) are different guys. As much as they’ll be attached their whole career, they are two different guys and two different people.”
While the Royals are busy tracking and guiding the players from their latest draft class, the calendar recently turned to July, which meant it’s time for another extended conversation with Picollo, the Royals assistant general manager who oversees player development in the club’s minor-league system.
The previous interviews are here and here.
The latest conversation focused on the recent promotion of shortstop Nicky Lopez to Triple-A Omaha; a strong June from top relief prospect Richard Lovelady at Omaha; the young career of A-ball pitcher Charlie Neuweiler; and updates on outfielder Michael Gigliotti and pitcher Kyle Zimmer. The interview has been lightly edited for clarity:
The Athletic: Let’s start with Nicky Lopez, who was recently moved from Double-A Northwest Arkansas to Triple-A Omaha. (Editor’s note: Lopez batted .331 with 33 walks and 23 strikeouts in 73 games at Double-A.) He’s probably moved a little quicker through the system than some imagined when he was taken in the fifth round in 2016. He’s still just 23. What’s allowed him to move so fast?
“I think it’s a couple of things: First, he’s very, very mature. His mind works right, the way he approaches everything. He’s a little more advanced and a little more veteran in the way he goes about things. The other thing is he understands who he is. He understands what his role is; he understands what his tools are, and what’s going to allow him to be successful as a hitter.
“So when guys sort of look in the mirror and see the right person, when they see the right animal, then they achieve. He did that from day one. The reason why we were pleased with how quickly he was moving is just because of his physical nature. Would he hold up over 140 games? Is he strong enough? Is he big enough? But we saw a little bit of a lull last year late in the year, but then he picked it up in the fall league. But now that he’s been through it one time, I think he’s answering the bell there as well. When you peel the onion back a little bit, you just get to his maturity.”
Assistant Royals GM J.J. Picollo credits Nicky Lopez’s maturity for his quick rise in the farm system. Photo by Mark J. Rebilas-USA TODAY Sports
The Athletic: Do you want him playing shortstop most days in Omaha? Or will he play some second, too? At this point, is it just play him at short as much as possible? How will you balance that?
“He’s going to play mostly short. We’re going to flip him over to second, just because he’s going to need that experience at second base. He’s done it a lot over his first two years.
“Obviously, we have to work through [what we have]. We have (Adalberto) Mondesi at shortstop. What I shared with Nicky is that he’s just got to be prepared for whatever position it is. When your bat is ready, when we feel like your total, complete game is ready, that’s when you’ll come up. That’s going to include playing second base. And he gets it. He’s a bright kid.
“He’ll play second base [a little bit for now]. But his primary position is still going to be shortstop. But we need to expose him to both, because we don’t know what’s going to happen on our big-league team and what our needs are going to be. He’ll get the necessary experience at both.
The Athletic: You guys always say you don’t put limitations on players. But with where you guys are, and where he is (editor’s note: Lopez does not need to be protected on the 40-man roster this offseason), is the thinking to give him a half year or maybe even a full year at Omaha?
“Initially, we’re not in any rush to get him to Kansas City. When a player is ready to play in the major leagues, we’ll know it. I always use the Eric Hosmer reference when he went to Omaha (in 2011). There was no intention of calling him up 60 at-bats into the Triple-A season. But he was hitting four-something, and you had to call him up. Players sometimes make that decision for you.
“The expectation is he’ll be there for a while, and that can be defined a lot of different ways. But if a guy just forces your hand, he forces your hand. But we don’t want those players thinking about that. We want them thinking about their at-bats, night to night, game to game. It’ll happen in the right time frame if they’re able to go game to game.”
The Athletic: Richard Lovelady had a bounce-back June (1.80 ERA, 17 strikeouts and two walks in 15 innings). He hadn’t been quite so dominant in April and May. Was it just a matter of him getting settled into a new level or did you see him struggling with command early in the season?
“I don’t think — and I’ve talked to Richard about this — I don’t think, for whatever reason, he was as ready in the beginning of spring training as he was the previous year. Of course, this year he was in major-league camp, which is a little bit earlier. And we discussed how you need to adjust to that now that you’ve gone through it once, being ready to throw bullpens on Feb. 15, and the intensity of what major-league camp brings. You’re playing games on February 23; it happens really quick.
“That’s really the only thing we can trace this back to. The earlier start, and him not getting off to a good start. It wasn’t because he wasn’t in shape. It was just because he was not quite in shape. And then he was just sort of chasing his tail the first several weeks of the season. And now it seems like he’s hit a stride. We’re starting to see the quality of pitches that we saw last year. It’s the same reason we were excited about him last year.”
The Athletic: He’s been working on a third pitch, a changeup. Has that come along more?
“It’s basically fastball-slider at this point. And the changeup is there. He just doesn’t get a chance to throw it a whole lot. Just being a reliever, it’s tough to develop that third pitch. But we’ll keep pushing it. We think it can be a weapon.
The Athletic: One name that is still low in the system but has drawn some interest is Charlie Neuweiler, your fifth-round pick last year. (Editor’s note: Neuweiler, 19, is a 6-foot-1, 205-pound right-hander who was drafted out of a high school in Queens, N.Y., and signed for $397,500 — nearly $70,000 more than the slot value for the pick.) He recently moved from rookie-level Burlington to Lexington after two starts. Was that planned?
“He was our opening-night starter (in Burlington) and he pitched really well, and we wanted to move him all along. The opportunity was there. And he’s ready for it. He’s very mature for a first-year high school player. He’s very composed, uses all three pitches and keeps the ball down.
“He’s not a power guy. He’s going to throw anywhere from 88 to 93 mph; he’ll sit at 91 mph. He’s got a curveball that he uses really well. He throws it for a strike and he can use it for a chase pitch. And he’s got a changeup. And that’s the pitch he’s spent a lot of time working on, and it coming on and becoming a really, really effective pitch. That’s going to be a key moving forward.”
The Athletic: He’s from a cold-weather region up in New York. The perception with hitters from cold-weather areas is that they’re less polished, a little more raw. Do you find that holds true with pitchers as well?
“I think that does hold weight. They haven’t pitched a lot. Their seasons are short. So their bodies aren’t fully developed. So when they start pitching and training in a professional setting. and they’re in good weather all the time, they do kind of grow into a different animal.
“With Charlie, our perception is that he’s a good pitcher that understands his delivery. And that’s what we’re seeing. Where Charlie will continue to improve is understanding the art of pitching: How to pitch backward, how to use his changeup and curveball, because he’s still very similar to what you would see from a high school pitcher.
The Athletic: What’s the plan for outfielder Michael Gigliotti, your fourth-round pick from last year? I know he tore his ACL in a game earlier this year and has been rehabbing that. Will he be able to get back for instructional league in the fall?
“He’s going to miss instructional league. His target date is Nov. 1, and he would be cleared to play in game. If that’s the case, then the question is: Should we send him to winter ball, and can we send him to winter ball? He’s a player without a track record. The Dominican and Venezuela leagues; they’re not going to take a Low-A, first-year player. (Editor’s note: Gigliotti, 22, was drafted out of Lipscomb University last year.) You’re kind of limited on where you can send him. Puerto Rico could be an option, but it’s similar to the Dominican in that regard. Then you’re on to possibly Australia. We’ll just have to evaluate it when we get to September and October. But we have talked about it.”
Kyle Zimmer is trying to work his way back into game action, a process that assistant Royals GM J.J. Picollo expects to last into at least next year. Photo by Rick Scuteri-USA TODAY Sports
The Athletic: Former first-round pick Kyle Zimmer, who was designated for assignment earlier this season, has started a throwing program at Driveline Baseball in Seattle (as first noted by MLB.com’s Jeffrey Flanagan). It’s a facility that focuses on a data-driven approach to pitching and utilizes weighted-ball training, among other things. Was that the club’s idea?
“It was our suggestion to him, but it was met with (approval). He wanted to do it. We knew we were going to make a move on the roster with him, and when you do that, the question is: Are we going to really release this guy or are we going to re-sign him? And we thought that if we re-signed him, we had to come up with a different plan. That was the plan we came up with, and in discussions with Kyle, he immediately said yes.
“We love the kid; we love the makeup; we’ve always believed in him. The last thing we wanted was to leave one stone unturned and have that be the right stone. So that’s why we did it.
“The returns are favorable. But he still hasn’t thrown in any games. He’s still in the beginning stages. I would expect he’s not going to pitch at all in 2018, and we’re just gearing up for 2019.”
(Top photo of Brady Singer by Bruce Thorson-USA TODAY Sports)
Subscribe to The Athletic for in-depth coverage of your favorite players, teams, leagues and clubs. Try a week on us.
Rustin Dodd is a features writer for The Athletic based in New York. He previously covered the Royals for The Athletic, which he joined in 2018 after 10 years at The Kansas City Star. Follow Rustin on Twitter @rustindodd
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I help people create a business that provides a balance of income and time to enjoy life – by keeping things REAL and SIMPLE – because I believe you can do anything, but shouldn’t try to do everything!
If you’d like to join my free newsletter filled with insight on how I built a business online that generates income AND lets me enjoy life too – so you can do the same – here you go…
I’ve just read through an incredible book, Money and the Prosperous Soul, by Stephen De Silva…It was so good that, not only do I recommend you get it (whether Christian or unbeliever), but I am also going to dive into some of the insights I reaped from the pages of the book, and spread it out over the next 5 days, so you can digest what I have to share with you!
It’s not often I can recommend a Christian book about money…because most of them fall into 1 of 2 categories: those that are all about stewardship & responsible handling of money (with an emphasis on rules) and then those that lay out a sort of “something for nothing” where God will give you X (wealth) if you do Y (pray the right prayers).
We rarely find the book that focuses on how Christians should handle, relate to, and think about wealth.
But this book, Money And The Prosperous Soul, is such a book.
Early in the book, author Stephen De Silva references a popular quote from C.S. Lewis:
“He (the devil) always sends errors into the world in pairs – pairs of opposites…He relies on your extra dislike of one to draw you gradually into the opposite one. But do not let us be fooled. We have to keep our eyes on the goal and go straight through between both errors. We have no other concern than that with either of them.”
This is quote defines the theme which runs throughout the entire book. That’s not to say this is a book about a moderate, benign view of a Christian’s relationship with wealth, some sort of middle ground between a poverty mentality and the misguided “prosperity gospel.” This book doesn’t present compromises as truth.
…Rather, it is written in a way that it takes you “straight between both errors” through analyzing and detailing the poverty spirit (lack of expectancy that the Lord can and will meet ALL of our needs) and Mammon (money as an idol – the love of money).
De Silva shows how both of these two extremes have terrible consequences in our lives. He then lays out precisely how entwined our external wealth & internal wealth mindsets are. Simply stated, we get what we think about…
“As a man thinks within himself, so he is.”
De Silva spends a good amount of time highlighting many of the ways our thinking can become warped when it comes to finances, as well as providing some tools (prayer and declarations of truth) to destroy old ways of thinking and replace them with truth. This is the real strength of the book, and the portion which will change unhealthy thinking and relating to money. You owe it to yourself to not just read this book, but to take the time to get in front of Father God and ask Him to show you where you’re thinking needs to change.
This book is like a road map – only as good as your willingness to read it and apply the advice it gives you.
Money And The Prosperous Soul is not a self-help book, a financial planning book, or a get-out-of-debt book. It also doesn’t preach the deceptive “prosperity gospel.” At its core, it’s a book about discipleship, about getting our hearts and minds in alignment with the Lord’s.
We honestly believe that if you read this book and apply the truth found within it, if you’re willing to pray and let the Lord change anything in your thinking that isn’t His way of thinking, you will see your financial reality shift.
All the budgeting and financial advice books in the whole world won’t do that for you.
Pick up your own copy today, here:
We’ll often get temporarily motivated to accomplish some sort of achievement, and we will set our goals to get there, only to find a few days or weeks later, we’re right back in the rut we started in.
Why is that?
Why do many people find it so hard to keep working at their goals, keep going in the same direction, keep improving and developing each day?
It’s usually because of an inner battle between our conscious and unconscious minds.
You may be telling yourself in your conscious mind that you want to achieve certain things, have success, make a lot of money, etc. …but if your unconscious mind – which is filled with habits and conceptions all built up over the years of your life and the experiences you’ve had – is not in alignment with that, it will do everything possible to pull you off track and bring you back to where your subconscious mind is comfortable with you being.
You see, you can even learn new information, get new ideas, and although those things are vital, they aren’t enough in themselves to transform us. Our very thoughts & thinking must be made new. As Romans 12:2 states,
“…transformed by the renewing of your mind.”
We live from the inside out. Our behavior will permanently change only when our minds change.
So, you first need to work through the faulty, misguided beliefs about money and success that are in your mind – planted by Satan’s tricky deceitful ways, as we’ll cover in the next few blog posts and videos. Once you get your beliefs “fixed”, you can work on finding your purpose.
Your purpose is in you like grain in wood. You can cover it over with paint or stain, and it gets damaged, worn, and weathered from the daily grind of life, but the grain – the very makeup and core – of the wood remain the same.
Your purpose may be hidden, beat into submission, covered over, or hidden away, but it’s still there.
De Silva puts it so perfectly in his book when he states,
When you discover what your purpose truly is, it’s like plugging yourself into an electrical receptacle. You discover an inexhaustible reservoir of energy and courage. Struggles may arise, but they are defeated. Distractions and temptations become irrelevant.
If you simply give your full attention to the reality of the life of the Son of God within you, growing into a mature expression of your purpose, it gradually becomes impossible to live with small vision, low expectations, fear, or negative self-worth. Likewise, the appeal of a lifestyle governed by an ascetic brute-force regimen for controlling your financial life will fade away entirely.
Our dreams are just many of the ways we express our core purpose
A plan can be dashed by circumstances, timing, or lack of resources, but purpose can not.
If your dream can be dash, it is because you haven’t reached high enough; you have mistaken a plan for your purpose.
When you find your purpose in life – what makes you tick, what makes you feel blessed and grateful each morning to be able to wake up and do that thing you love doing – everything else will fall into place.
Yes, you’ll still have distractions, obstacles, confusion at times, and setbacks, but they’ll all be irrelevant and mere blips on the radar screen compared to your purpose that is driving you forward!
Tomorrow I’ll be back with Part 2 to dig into the first of 2 spirits that Satan uses against us, the Poverty spirit. If you’re a Christian who has been raised to think money and success are evil, and have been taught that because the Bible says to “be poor in spirit”, you’ve been misguided, based on a error in believing to be “poor in spirit” means the same as a “poverty spirit”.
Come back tomorrow to find out exactly what I mean!
For a way to reach your goals and dreams by earning an income with your own online business, check out my free 7-day video series, Your Online Business Jumpstart.
“If you do what you love, and love what you do,
you’ll never work a day in your life.”
...I'm also proud that I broke out from the routine of strictly reading business & success related books. My biggest...
Nov 20, 2015, Entrepreneurship, Life, Mindset
...It was a feeling of me silently screaming "Yes! Yes! This speaks to exactly who I am, from my very core, and what I w...
Tamera HydeJune 29th
For 36 years, before I was a pastor, I was the same way. This is just who I am. I think my struggles are no different than anybody else – people coming against you, relationship things, there’s always financial pressure to raise money for the ministry and things like that. I only teach what I live. I say “Lord, I thank you for my health, my strength, and I thank you for this opportunity.” I try to look on all the great things God’s done, and not focus on the negative. It’s a perspective.
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A good college education helps a student build the skills, knowledge and abilities to succeed in their chosen career. A great college experience, however, also gives students the opportunity to make connections with faculty that are committed to helping them realize their potential, both personally and professionally.
Two Clemson University Honors College and National Scholars Program faculty – Professors Sarah Winslow and Jeffrey Fine – were both recognized with top University awards last spring for their commitment to helping students grow and succeed.
Winslow, a professor of sociology, senior associate director of the Clemson Honors College and director of the National Scholars Program, received the Ted Westmoreland Faculty Excellence Award, which honors a distinguished faculty member who has made exemplary contributions to undergraduate student success.
Fine, professor of political science and director of the Honors College’s Dixon Global Policy Scholars Program, received the Provost Outstanding Senior Teacher Award for sustained, meritorious and exceptional teaching.
The College of Behavioral, Social and Health Sciences is extremely proud of Drs. Winslow and Fine and the great work they are doing. We are fortunate to have them in our college to teach and mentor the next generation of changemakers.
Winslow’s and Fine’s impacts on student success are seen throughout the University.
Winslow’s research and teaching interests focus on social inequality, particularly how gender operates in a variety of institutions. She is deeply involved in the undergraduate experience at Clemson, previously serving as undergraduate coordinator for the Department of Sociology, Anthropology and Criminal Justice and faculty-in-residence for the Honors Living-Learning Community.
Over the past eight years, she has dedicated her work to the personal, academic and professional development of students across the university through her roles in the Honors College and National Scholars Program.
In the Honors College, she is responsible for curriculum development and innovation, experiential learning and inclusive excellence, having most recently developed a thematic first-year seminar program for incoming Honors students. As director of the National Scholars Program, she recruits, mentors, teaches and advises Clemson’s highest-achieving students, building an inclusive community of scholar-leaders who critically examine their place in the world and use their talents to serve.
Sarah Winslow, Ronnie Clevenstine and Jeffrey Fine at a National Scholars Program event last spring.
Alumna and former National Scholar Ronnie Clevenstine (‘22) said that Winslow immediately fostered a sense of belonging and community for her at Clemson that she didn’t feel she had In her community back home.
“That sense of belonging set the tone throughout my four years at Clemson,” said Clevenstine, who developed and led several programs and initiatives focused on ensuring all of her fellow students could access basic needs, all while navigating an academic institutional structure that was foreign to her.
Winslow became Clevenstine’s guide, mentor and sounding board.
“We have similar backgrounds in a lot of ways in that neither of us grew up in these professional academic environments, and she has taught me a lot about how to traverse these institutional spaces,” said Clevenstine. “We have traversed institutional and bureaucratic endeavors together, and we would often have shared moments of reflection afterwards where we would strategize an improvement/reform to a situation or just share our thoughts on ways forward.”
Clevenstine went on to distinguish herself inside and outside of the classroom, becoming one of Clemson University’s most decorated students. She became a Duckenfield Scholar, Dixon Global Policy Scholar and 2021 Truman Scholar, and was a finalist for both the 2022 Marshall and Rhodes scholarships.
Clevenstine was also the recipient of the 2022 Martin Luther King Jr. Excellence in Service Award, 2022 Algernon Sydney Sullivan Student Award and 2021 Matt Locke Leadership Award.
She is now working with MEF Associates, a social policy research firm, before working towards her Ph.D.
Reflecting back on her Clemson experience, Clevenstine said that she cherishes Winslow’s respect of the work she did as an individual, beyond the traditional mentor/mentee relationship.
“I have learned so much from the way she approaches work, research, relationships, community and beyond,” said Clevenstine. “Working with Dr. Winslow will dramatically transform the way you think about yourself, your context and the ways your intersectional identity interacts with the good you can do with the world.”
Fine teaches courses and publishes research related to American politics, mentors dozens of honors theses and co-leads the Honors College’s Dixon Global Policy Scholars program with Executive Director William Lasser. Fine also worked extensively with the AP U.S. Government and Politics course, helping shape its college-level curriculum and co-chairing the committee that writes the AP exam taken for college credit at institutions nationwide.
Political science major, Honors student, and National Scholar Riley Stotzky has taken several classes taught by Fine. She most recently travelled to Paris with Fine and Lasser through the Dixon Global Policy Scholars Program, which brings students from different majors together to discuss broader policy issues.
According to Stotzky, Fine has played a critical role in her professional and personal growth, and he became a trusted mentor soon after she arrived on campus to start her degree.
“When I first came to Clemson I had very little awareness of the ways in which my academic passions would be shaped by the Political Science Department,” said Stotzky. “Dr. Fine not only exposed me to the diversity of paths I could take through political science but also how to identify what I’m truly passionate about and strive to make real impacts in the world around me.”
She said Fine is extremely deserving of being recognized as an outstanding teacher because he inspires his students to be curious, passionate, and driven world leaders, regardless of the career they choose after they graduate.
“Every single student I know that has taken one of his classes always raves about him,” said Stotzky. “I don’t know if it’s possible to put into words the impact having Dr. Fine as a professor and mentor has had on my college experience. Simply put, Dr. Fine is the best professor I have ever had.”
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“On what level is the Garden of Eden tale to be understood? Did the first man and woman (Adam and Eve) determine the course of untold billions? Was my destiny chartered by one one or two primitives?”
-Questions posed by David Birnbaum in “Summa Metaphysica 1” page 90
The question of “On what level is the Garden of Eden tale to be understood” summarizes a major fault line that exists today in American society.
The far right of both Christianity and Judaism would answer this question with great confidence and a certain smugness: “We (in contrast to the unbelievers in our midst) understand it (this tale and the whole Bible) AS it is written.”
In contrast, the “unbelievers” symbolized by the secular left in today’s political terms, would, because they are on the defensive, respond with a somewhat longer answer:
“The story of the Garden of Eden, the entire bible, and god him/herself (to be politically correct) are all fairy tales that no longer need to be or should be read or thought about, much less venerated….because if one begins to take the bible seriously on any level (including as philosophy or literature much less, god forbid, as a religious or spiritual guide) one risks the very serious possibility of sliding down the proverbial slippery slope where pure fanaticism, intolerance, and dangerous behavior toward others awaits.”
For most people, mainly concerned with day to day life of surviving and prospering within a rapidly changing and at times disorienting world, philosophic arguments over the bible outlined above is becoming increasingly irrelevant.
Proof of this is the continued decline of church and synagogue attendance by all ages but most pronounced by the young. The exception to this rule is in the most fundamental religious groups who feel increasing isolated and therefore all that more determined to preserve their religious points of view.
For more liberal churches and synagogues swept up in our culture’s scientifically correct understanding of evolution, and based on the new god known as Random Selection with no context, it is very hard for these religious leaders to present any kind of acceptable religious philosophy other than “Be nice; Be kind; Be considerate, and Be tolerant”…which while is important and valuable advice is not a sufficiently enough deep philosophy to bring people coming back to the pews or to convince them to contribute to or publicly identify with any particular religion.
And as the gap between left and right grows, the opportunity to find common meeting places decreases with unfortunate consequences for America.
But even though “religious” people think they have ALL the answers, and more secular people think that because the universe unfolds ONLY through random selection, as is well known in the halls of academia, there, therefore, are NO answers; it is still nonetheless true that all human beings continue to ask and struggle with the questions of
“Why is there evil in the world?” and the even deeper question of “What is our life all about?”
With regard to the first question as to “Why is there evil?” the answers are not so hard to come by.
Freud has taught us that all human beings, from Adam and Eve going forward, have an Id, Ego and Superego. And that when young innocent children are traumatized, brutalized, abused and neglected that their later ability to contain the selfishness, wish for revenge, rage, lust, disregard for others may know no boundaries; and the resulting weakness of their ego’s and superegos to regulate, contain and transform the raw and now traumatized energy of their Ids can sometimes result in massive acts of self destructive and destructive behavior that can cause great pain and suffering in ever growing concentric circles.
With regard to natural evil..the pain and suffering caused by nature being nature…with shifts in weather patterns causing floods or droughts, not to mention the earth shaking due to the violent movement of fault lines that criss cross the world; and thereby making a huge proportion of human beings vulnerable to massive acts of natural destruction …which we can try to remedy with good building codes, but which are not sufficient to protect against the instant damage that major earthquakes have and will continue to inflict on both minor and major population centers.
Given Freud, and our understanding of how nature works one does not need fancy or complicated philosophical or religious theories to account for man made and natural disasters.
But one does need a good philosophical theory to even begin to discuss, much less wrap our arms around the harder question of “What exactly is the meaning of our lives?”
It is to reflect on this question that David Birnbaum in his book “God and Evil Summa Metaphysica 1” postulates his theory of “Potentialism”…a theory that gives space for a religiously oriented person to accept evolution and randomness within evolution as part of a larger context going back to what ignited the big bang in the first place; and space for more secular inclined individuals to begin to understand that the recognition of evolution within the context of “Potentialism” provides the context which allows for continued intellectual, emotional and spiritual contemplation of a major philosophical question that our scientific theories cannot by definition answer.
In this light, Adam and Eve were not two primitive who on a whim or by poor judgement or ignorance or by seduction by a snake, or the malicious advice of Satan gave up for themselves and for all future generations the comforts and security of the Garden of Eden.
And if one adopts a more nuanced view of Adam and Eve one might indeed begin to see them as the first conscious philosophers and religious leaders in recorded human history.
And within this philosophical framework there is the understanding that Life was/is/and will continue to be about Potential expressing itself through opposites, balance, and the continued expression of potentiality in every aspect of the Universe.
Adam and Eve’s great realization was that if they accepted the opportunity to continue to live in the static but comfortable womb of the mythical Garden of Eden it would be to opt to return Life (their own particular lives as well as the full Potential of the Life Force of which they felt themselves to be an integrable part) to the static moment before the big bang…before Potentiality first expressed itself; and before they as individuals had a chance to connect their potentiality (small p) to the larger Potentiality (large P) that created the Universe and against all statistical odds brought Life and later human consciousness into being.
Adam and Eve in the Garden
Posted on July 31, 2015 by blogadmin4
This Midrash on “Adam and Eve in the Garden” was inspired by my reading of David Birnbaum’s “Summa Metaphysical 1, God and Evil”
Adam and Eve are in the Garden of Eden. It is day 11,466. The weather, as always, is perfectly comfortable but is not something that they notice or even truly enjoy…as they never have experienced heat or cold, ice, snow freezing rain or terribly hot and humid summer days with the threat of torrential rains and tornadoes never being too far out of mind.
They are both naked but as erotic passion has not yet emerged, and as they need to exert no energy to obtain the necessities of life, they live in total peace, comfort and tranquility with themselves, each other, their environment and their creator.
Anger, pain, joy, frustration, pleasure, strife and death are not yet present in their consciousness and they are therefore not distracted from each present moment of contentment.
The problem of Evil in the world has not yet arisen either in their day to day lives or as a theoretical or theological abstract construct standing in opposition to the concept of an ever present, all powerful and totally beneficent God.
If one was to step back and look at Adan and Eve from a distance, one might well conclude that they are living their daily lives with no sense of past or future, and with no way to fully enjoy their many benefits (as they have nothing to compare them with), and no consciousness of having been condemned to live an eternal “life sentence” in a golden cage, bound by golden chains and completely unable to know who they are in terms of latent emotions or to tap into the intellectual, physical, emotional and spiritual potential that lies dormant within them.
We note in passing (though it should be recognzed that this “note” is at the very heart of this modern day midrash) that Adam and Eve were made in the image of G-d, the creator of heaven and earth whose spirit sustains every corner and every particle in the universe… then, now and forever.
And according to this midrash…what G-d wanted from his latest act of creation was Not another set of “angel like creatures” who like all all other angels did not have the potential to grow, create, or to more fully understand themselves. And if these almost angel like creatures (Adam and Eve in the garden) wanted to fly…they would have to do so on their own through the use of steel that is powered by oil..things which human beings on their own created, and discovered, worked with, changed, and used in new and creative ways.
It was now day 191,429 and Adam and Eve were slowly coming to realize that the animals with whom they shared their garden were born, matured, procreated, aged and died…thereby making room for a new generation of their progeny who continued this cycle of birth and death.
It was around this time that on lazy afternoons with a beautiful blue sky, warm sun and a cool breeze, totally satiated after a healthy and delicious lunch sitting in the shade of an Apple Tree…. that Adam and Even first began to discuss what legacy they would someday be leaving and whether future generations would praise or curse them for having chosen to stay in the garden where every need was fulfilled at no cost to them except for their decision to accept comfort and eternal life over a potential life of more intense joy, meaning and freedom, and all that comes with being mortal.
And as these conversations continued, Eve began to have some unexpected but welcomed stirrings deep within her body and mind. she began to feel a yearning not yet named or fully recognized…but a yearning that we, the generations that followed, know as the very root of our later physical existence.
Eve’s yearnings, correctly understood, were for physical union with Adam, in a way neither one of then had yet imagined, leading to pleasure not yet experienced and joy at the image of one day seeing a satisfied baby smile at her while receiving nourishment from her breast.
And G-d seeing all of this unfold smiled to himself and asked the angels to construct the first huppa.
For G-d this was evolution happening right before His eyes as first Eve then Adam ate from the Tree of Knowledge with all that has followed including bringing into the world consciousness of:
freedom/passion/autonomy/love/the awakening of maternal and paternal instincts/the coming forth of intellectual, emotional physical and spiritual creativity/healing/joy/gratitude/prayer and thanksgiving.
And yes, along with all of the above came the very real and very human feeling and tendency towards:
greed/fear/envy/lust/desire to dominate, conquer, oppress and enslave/gossip/ and the inclination towards destructive and self destructive behavior/
and all of this along with the reality of living in the real world with aging/pain/suffering/realization of death and all of this followed by the ultimate finality of the ending of the separate and autonomous physical reality and consciousness of each and every human being at the moment of their death.
And in the blink of an eye, the snake spoke, the apple was eaten and Adam and Eve quickly found themselves reborn, as it were, outside of the womb of the most pleasant of gardens, and into the realities of the world as we..the generations who followed them..have come to know it.
And G-d smiled as he acknowledged to Himself that for His children, made in His image, to fully recognize their own potential he would have to grant them both time and space to experiment, to learn, to fail, to learn resiliency, to mature and to figure out how best to cope with a natural world in constant flux and a human world beset with all the negative emotions and destructive and self destructive behaviors generated by these negative emotions that is (as Adam and Eve quickly learned after leaving the garden) part and parcel of being human beings in the process of growth and self discovery.
And G-d knew that His children would struggle and be cruel to each other, and in addition they would suffer from natural causes..(earthquakes, hurricanes, drought, flooding, illness etc)..all of which would threaten the lives and livelihoods of all peoples; and that all of this would inevitably befall human beings as soon as Adam and Eve left the Garden for the adventure of becoming fully human.
And G-d knew that for His children to grow up and to meet their full potential it would take time and that He would have to hide His face in order to keep himself from intervening when his children lost their way or became victims to natural or man made disasters. He also knew that He would have to endure their adolescent rebellion against Him including their sometime tendency to deny His very existence.
But G-d also knew that in spite of the pandora’s box that was opened when Eve first bit into the apple from theTree of Knowledge, that He had time on his side.
For G-d knew for a fact, and human being are still continuing to learn, that all of G-d’s children have the potential to find meaning in their lives..regardless of external circumstances, and to find the creative potential deep inside of them that would throughout the following millennia allow them to continuously redeem the sparks hidden in plain sight at the time of the creation of the world.
And G-d knew that through human struggle and perseverance, love and compassion, along with an open heart, and positive action taken both individually and collectively that human beings would be able to redeem the lost and hidden divine sparks and in their own finite lives be able to get a taste of the peace and contentment enjoyed in the garden by Adam and Eve.
And God looked at the post garden of Eden world in which Ever and Adam had chosen to live in, and in spite of the evil, the pain, suffering and death that was now part of the reality of all living things, and because of the joy, love, compassion and understanding that His children could now experience as they tapped into their latent potential for growth….G-d smiled and reiterated that from His perspective “It was all still very good.”
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Ensign Melora Pazlar has been transferred to the station. As an Elaysian, she is from a low gravity world, and standard gravity renders her unable to move without a complex suit and wheelchair. How will she adjust to life on the station? How will the station adjust to her?
Writing
Kevin: This episode is the very definition of a "mixed bag." In the plus column, both the back story and the character of Melora are well done. I like the exploration of accommodating disability in the 24th century, though Bashir's surprise at a wheelchair is a little out of place, given that Admiral Jameson had one as late as 5 years ago. Still, the idea of a person from a world with lighter gravity adjusting to what we think is normal is interesting. I would have liked them to push it farther and really explore how certain assumptions about something as basic as gravity sculpt the Federation and Starfleet and how someone who doesn't meet those expectations can suffer, even unintentionally. I liked how combative and frankly, rude, she was. Depictions of disabled characters on television tend to fall into the saintly category so we can all learn a Very Special Lesson, so I liked that she had some edge.
Matthew: As this episode began, I immediately though "oh, no, we're in for another big social issue episode, a la "The Outcast," or even "Let That Be Your Last Battlefield." Happily, I agree with you that the characterization of Melora mostly bypassed this concern. This didn't become a meditation on some sort of Galactic ADA, which would have been death to entertainment value. Unfortunately, the rest of the episode, while moderately entertaining, didn't really do anything spectacular.
Kevin: In the minus column, I never understood why her planets natural gravity should allow them to float, as the picture of her and her brother indicates. Shouldn't she just be able to walk in that? If she indulges in zero G to counteract the 1 G, they should have said so. It was a little weird for me. More importantly, we get two big problems, that are VERY reminiscent of season one. First, a barely sketched villain who exists only to create the tension in the episode. And as was the set-up, the solution was also a little thin. Why should the treatments make her more resistant to phaser fire? It's just deus ex machina writing. Second, we get Bashir falling for a patient, and that will never, ever, not be creepy. The vulnerability and intimacy of a doctor-patient relationship, whatever the the century, is just too imbalanced to not feel exploitative.
Matthew: Yeah, I was disappointed in the basic set of ideas. The variable gravity element of the story was used solely as a means to create a disabled character, not as a way of exploring a truly alien state of being. I'll get to some of this in the production values section, but I never once believed that Melora, or her species for that matter, was anything but human. Evolving in an environment with lower gravity should make practically EVERYTHING different about a creature. Melora should have been ten feet tall and wiry thin. The idea that just reprogramming her muscles would acclimate her to heavy gravity was beyond imbecilic. Even in 1993, we had a good understanding of what low gravity environments would do to a human body - bone loss, different mineral absorption, muscle atrophy. Hell, her whole metabolism should be different. What sorts of plants would evolve on this world? What sorts of animals that might be a part of the food chain? How would this world retain an atmosphere at the same pressure as the default humanoid value? Basically, that science was just total BS, glossed over in service of the desire of the writers to tell a disability story. Well, I miss the science. I want those questions answered. So far, two Benzites and this is what we've gotten in answer to the "how do radically different biologies coexist in this Federation" question. Lame, guys. Lame. I didn't dislike the Bashir angle at all, really. At least he's chasing someone who reciprocates his feelings... anyway, I don't mind it. For one thing, it has already been established that doctors can date patients, seeing as how both Enterprise CMOs did it (Odan, Kyle Riker). I chalk it up to differing sexual mores, and an assumption that people are mature enough to engage in romantic relationships without distorted power dynamics.
Kevin: I enjoyed most of the slice of life parts of the episode we got, like the Klingon restaurant or chatting about Vulcan composers and human fairy tales. I really wish they had gone full bore into this idea. Slice of life episodes tend to be pretty good, since the Federation is a world I like to see, and really seeing how Melora adapted to her environment, both physical and social could have been fun.
Matthew: The restaurant was definitely great. The Memory Alpha page, linked above, contains a trranslation of the Klingon argument over the food. It is kind of bizarre that so many people are willing to eat nightcrawlers, if you ask me. Maybe humans have been multi-cultured into it (an idea belied by "A Matter of Honor," but anyway...), but would Bajorans be, too? And all the other less "enlightened" races of the frontier? I just question whether he'd have enough patrons without a significant Klingon clientele.
Kevin: I will say as much as the tension seemed artificial, I did enjoy Quark's toadying, but that was probably on the strength of the acting.
Matthew: I agree that it was enjoyable. I also agree that the B story was so bizarrely unrelated to the A story that it served mainly as a distraction. Either episode probably could have stood on its own, and I think they mainly watered each other down.
Acting
Kevin: Daphne Ashbrook was really good. Like Megan Gallagher a couple of weeks ago in Invasive Procedures, I wish she were a regular. The character of Melora was conceived as a main cast member, but the zero G would be too expensive to do on a regular basis. I would have at least liked her to be a recurring character. Like Ro, she has a wounded center covered by a harsh exterior and that usually is pretty interesting, dramatically speaking.
Matthew: Definitely agreed here. She portrayed the character as a real person, not a caricature. Ashbrook apparently did research for the role, frequenting shopping malls in a wheelchair. It paid off. I really believed her weariness of others' assumptions and ignorance, but it never came off as shrill or nasty. I rooted for her despite her outward rudeness. That's the mark of an effective performance.
Kevin: I really loved that Klingon restaurateur. He was a riot. I enjoy portraying a range of Klingon personalities, and I liked the depiction of a non-warrior who is still bombastic. Bashir was good this time. When they center him on actually being a doctor as opposed to being as ass, he reads better. He read as awkward and unsure romantically rather than merely pompous jerk.
Matthew: Siddig El Fadil was given the right role, this time around. When he is trying to be all smooth with women who don't really like him, he comes off as ultra-creepy. When he is interacting with a love interest who bites back, who has her own character, and for whom he can be both caring and providing, his accent and his schtick works. I actually liked him here, which has been rare to this point.
Kevin: They busted out all the tricks to simulate zero-G, and I think it paid off. I don't think I caught any obvious blue-screening, so I think it was all achieved physically, and it looked good and fun. I would have liked the quarters to be more decorated in a way that would suit a zero G environments. I think that would have looked really cool.
Matthew: I thought the harness looked good. The chair looked kind of lame - I guess they were thinking of going with the hover chair from "Too Short A Season," so I guess it could have looked worse. But overall, I cannot help but be disappointed. As good as Daphne Ashbrook was, I wanted someone who looked truly alien, truly different from us biologically. And that falls totally on production. Am I asking for too much? Probably, given the times and the budget. But darn it, if you can't do it well, don't tell the story.
Kevin: I liked the strands of beads in Melora's hair. Women's hairstyles tend to be a little too elaborate for their own good, but I liked this. It looked like braids or dreads in modern women. I liked her makeup, and it was reminiscent of the original Trill make-up for Odan and what they screen tested for Terry Farrell before going with Kamala-style spots, which is funny since they had also originally asked Famke Jansen to play the role. Circles with in circles here.
Matthew: I guess uniform regulations are a bit more lax in an area with so many earrings. I just want to add that the makeup on Fallit Kot was ridiculous. I'm sorry. There is just no reason a creature with a mouth would evolve that thing in front of it. How was he supposed to eat soup, jumbo Vulcan mollusks, or drink any of the concoctions Quark was offering? If they had covered his obviously human mouth, I could have rolled with it. But sticking it in front of a human gob? Stupid.
Kevin: This is ultimately a 3. The slice of life moments and well-acted guest character anchor the episode. A tighter (or non-existent) B-story hold this back, but in the balance, I like this episode on the strength of the idea of Melora's character and the strength of Daphne Ashbrook's acting.
Matthew: Yeah, whatever my problems were, I was still pulled in and involved by the performances of Ashbrook and El Fadil. I was disappointed by the fact that the character was dropped completely after creating the relationship, but that's not the fault of this episode. In the end, nothing particularly meaningful was said. It was just a moderately entertaining story about moderately interesting characters. As such, it earns a moderate rating from me, too, a 3, for a total of 6.
Posted by Kevin at 9:00 AM
1 comment:
Sara December 22, 2012 at 9:32 AM
Wasn't it established when Bashir fell in love with Sarina that it's not okay for doctors and patients to be together? "It's okay, I've had you transferred to this other doctor, I'm not your doctor anymore, we can do whatever we like now" sort of deal?
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The school is accepting applications for the 2021-2022 school year for Pre-K to 8th grade, and 9-10th grade for students transferring from home, private, or public school.
Parents interested in applying for the current school year (2020-2021) should contact the office.
January 10-admissions meetings begin for the fall
June 30-deadline for fall admission
Steps to Apply:
You know what a school looks like. Why schedule a tour? Our tours are unique in that a staff member or a high school student will be your guide. This will allow you to receive information about our school. You will also have an opportunity to meet the principal at the end of your tour. We want you to meet us and know us before filling out your application.
After your inquiry is complete, you will receive an informational email from our staff with further application information.
APPLICATION REVIEW: Once the application (including testing) is complete, the file will be reviewed for approval to proceed to the next step in the application process.
STUDENT INTERVIEW: All students of both current and new families applying to fifth grade and above will interview with the Headmaster of the school to which they are applying. The office will contact the family to schedule the student interview.
REQUIRED READING: Prior to the Parent Interview, parents must read “An Introduction to Classical Education” and the school’s “Philosophy of Discipleship.”
PARENT AND STUDENT INTERVIEW: Once an application has received approval, the office will contact parents to schedule their interview. All students of both current and new families applying to fifth grade and above will interview with the Principal of the school to which they are applying. The office will contact the family to schedule the student interview.
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Sixcia's major interest is in helping businesses understand the power and impact of connecting with important causes that help businesses, non-profits and communities. She has learned through her travels around the globe that simplicity is key and educating businesses helps famlies and helps the world.
“My upbringing helped me to appreciate life and take action.”
After climbing her way out of challenging situations with hard work and study, she turned her attention to improving the lives of others. Sixcia was struck by the great need of women and children in impoverished areas of Latin America. Using creativity and a small pot savings, she launched the nonprofit Caritas Smile in 2010 which has touched the lives of 10,000+ people by rebuilding homes and schools, supplying educational and medical resources at orphanages, and uplifting communities in the poorest areas of Latin America and the USA.
“I’m living proof that small steps have big impacts.”
Now, as part of the “Grow With Google” national program, Sixcia is travelling America, educating business owners and universities on topics of digital marketing and making a difference through business and entrepreneurship.
Sixcia as an Inspirational Speaker
Driven to inspire transformative action with her words, Sixcia shares her personal values, stories, downfalls and victories. She’s held numerous workshops with Google to boost marketing and business know-how. Her inspirational speaking topics focus on topics like transformative travel, Hispanic marketing, economic growth in developing countries, female empowerment, social entrepreneurship, and more.
Education and Accomplishments
Along with her humanitarian and speaking background, Sixcia is the author of “Tapping Into The Hispanic Market”. She has been honored by the Ronald McDonald House and received a 40 Under 40 Business Professionals award, twice.
Sixcia holds a B.A. in Communication Studies and Spanish, minoring in International Development from the University of Rhode Island. She has done graduate work at the Kennedy School of Government at Harvard University and studied at Schiller International University in Paris, France.
Get involved with Caritas Smile
Today, Caritas Smile offers Mindful and Holistic Service Learning programs that combine spirituality and community engagement in Latin America. Universities, companies, and individuals participate in customized programs and travel to off the beaten path areas while making a difference in the lives of others. Caritas Smile is in the process of expanding health and sanitation efforts in the Dominican Republic.
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