Compare and Contrast the Philisophical Contributions of Nietzsche and Mill Essay

Compare and contrast the philosophical contributions Nietzsche and Mill make to our understanding of political and social tyranny. Both philosophers, Nietzsche and Mill make contrasting and similar contributions to our understanding of the two terms. I intend explore how each philosopher does this and the differences and similarities between their two philosophies. Before comparing and contrasting the contributions of both Nietzsche and Mill to our understanding of political and social tyranny, it is important to define exactly what these terms mean, and to distinguish between the two. Political tyranny on the one hand is the imposition of positive liberty by a tyrant to an individual or a collective group of individuals. That is, a situation where a certain way of life is dictated to citizens through the presence of obstacles, barriers or constraints. If we lived in a politically tyrannical society, we would be living under the control of a dictator, ruled by a single governing body. Furthermore, the pressure for an individual to conform to these â€Å"rules† can be seen as a result of ones fear of public disapproval – a recognised form of social tyranny. Philosopher John Stewart Mill, rigorously educated by his philosopher father James Mill, began making contributions to politics and philosophy from the early 1830s, when he wrote profusely on such political and philosophical matters. He was greatly influenced by the works of Jeremy Bentham and his interested in Utilitarianism. Mill’s book, â€Å"On Liberty† published in 1859 and written with his wife, saw Mill move away from the Utilitarian notion that individual liberty was necessary for economic and government efficiency and advanced the classical defence of individual freedom as a value in itself. It advocated moral and economic freedom of individuals from the state. His basic argument is simple: liberty from political and social tyranny is good because it allows for new and improved ideas to evolve and good because liberty forever puts old ideas to the test. – His ideas were and still are enormously influential and the ideas presented remain the basis of much political thought. In â€Å"On Liberty† Mill refers to tyrannical societies of the past where liberty meant protection from the tyranny of political rulers. They consisted of a governing One or a governing tribe, who derived their authority from inheritance or conquest. (NZ) To prevent the weaker members of society from being preyed upon by â€Å"innumerable vultures† it was thought that there should be an â€Å"animal of prey† stronger than the rest. – The aim being to set limits to the power of the tyrant. With this came a time where, as human affairs progressed, what was wanted was that rulers should be identified with the people, and that their interests should be the interests of the whole nation. This, Mill refers to as â€Å"the tyranny of the majority† which was held in â€Å"dread† (and commonly still is.) At this point, Mill is suggesting that majority rule itself could become a tyranny and that the suppression of minorities by the majority should be taken as a serious threat to a fair and just society. Mill claims that â€Å"society as a whole can issue wrong mandates and practice a tyranny more formidable than many kinds of political oppression.† He argues therefore that protection against political tyranny is not enough: there also needs to be protection from social tyranny or â€Å"the tyranny of prevailing opinion† the latter being harder to achieve protection from. Mill saw that this kind of political tyranny could prevent the development of individualistic behavior. Such tyrannies could work in two ways: through the adoption of laws which operate against idiosyncratic, non conforming or dissenting individuals. Or, through the power or pressure of public opinion, (which is notoriously prone to error, superstition or tradition.) Hence Mill argued that public opinion should not be a law that everyone should conform to, and that the individual should have protection of the law against the prevailing sentiments of society. – Essentially, we each need freedom to develop our individuality. So for Mill, the central problem is therefore to establish the legitimate extent to which the state can interfere in the affairs of individuals whilst maintaining acceptable levels of individuality. Mill’s answer is clear and is demonstrated through his â€Å"Harm Principle† which states that â€Å"the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. His own good, either physical or moral, is not sufficient warrant.† -So Mill is referring to not just any harm, but specifically physical harm. If a person is harmed then his or her sovereignty over self no longer exists because sovereignty is after all the foundational position of power; this is Mill’s justification of the harm principle. Children and those who cannot take care of themselves are allowed to be interfered with beyond the harm principle as they may well harm themselves unintentionally; such children and those who cannot take care of themselves do not, and cannot, have sovereignty over self. Applying Mill’s Harm Principle strictly to current law would therefore remove â€Å"paternalistic† laws. For example there would be no reason to prohibit the laws prohibiting suicide, or drug taking or the wearing of seatbelts or crash helmets. From this perspective, laws that attempt to control such self regarding actions are wrong. They stunt the possibilities for individual development; the state should not be like an over protective parent, as for Mill, this does nothing but prevent the development of fully mature adults. Mill’s argument primarily questions what is the rightful limit to the sovereignty of the individual over himself? And how much of human life should be assigned to individuality, and how much to society? Mill says, to individuality should belong the part of life in which the individual is interested: to society, the part which chiefly interests society. Essentially, what are the limits of the law and what are the abilities of the individual? Evidently for Mill, the idea that the state should be involved in â€Å"self regarding† actions is entirely wrong. The individual must be allowed maximum freedom of choice in matters that are to do with personal choice His assertion reflects his own strong commitment to the idea of individual liberty and the belief that â€Å"free individuals† develop into more fully formed human beings. His arguments essentially reflect a strong belief in human reasoning and the ability for all of us to develop into mature autonomous individuals. Mill’s approach is therefore libertarian in that he saw the confining controlling state as a danger: whereas a society populated with free thinking individuals is a mature and successful society. Specifically referring to social tyranny, Mill states that â€Å"though society is not founded on a contract, everyone who receives the protection of society owes a return for the benefit† – meaning, if you conform to society, or public opinion, you will receive protection, i.e. you will not be condemned by society. – Mill furthermore claims that it would be a great misunderstanding to suppose that this doctrine is one of selfish indifference about the well being of others. – There is indeed a need for an increase in the exertion of promoting the good of others, but Mill feels this can be done without physically or mentally punishing those who behave in a way that people don’t agree with. – â€Å"Benevolence can find other instrument than whips and scourges, either of the literal or metaphorical sort† So, if a person shows â€Å"rashness, obstinacy or self conceit† or pursues â€Å"animal pleasures† at the expense of those of feeling and intellect, it is expected that they will be lowered in the opinion of others. But, Mill makes it clear that we are not bound to seek the society of such an individual. – We have a right to avoid it, and a right to caution others against the individual. â€Å"If he displeases us, we my express our distaste: but we shall not feel called upon to make his life uncomfortable† – So if an individual has made a bad choice, we shouldn’t condemn them further. – â€Å"If he has spoiled his life by mismanagement, we shall not for that reason desire to spoil it further† At this point, Mill makes a clear distinction between the part of a person’s life which concerns only himself and that which concerns others. He questions how the conduct of a member of society can be a matter of indifference to the rest of society, â€Å"no person is entirely isolated.† If he damages his property, he does harm to those who derived support from it, or if he deteriorates his bodily faculties, he becomes a burden on others. So even if his actions do no direct harm to others, he is never the less detrimental by example. As a liberalist, Mill stresses the importance of the individual and freedom. In a liberal sense, freedom means individual freedom. You are at â€Å"liberty† to do as you wish, there are no constraints upon how you choose to live your life, you are able, unhindered by tradition or inherited position to achieve your full potential. This idea opposes the characteristic of political tyranny – i.e. the imposition of positive freedom; restriction and barriers. As Isaiah Berlin explained, negative and positive liberty are not merely two distinct kinds of liberty; they can be seen as rival, incompatible interpretations of a single political ideal. There are different ways to define liberty within a society. Isaiah Berlin talks about the two different types. Berlin agrees with the idea of negative liberty and thinks the purpose of government is not to show any visions of life; rather, it is to give them freedom to find out for themselves what the good life is. Berlin supposes that there should be a small government that will protect everyone’s individual rights. In a society where negative liberty is prevalent problems begin to arise when you begin to worry about government and not your private life. Negative liberty also allows everyone to have a sphere of rights. You are also able to become what you want and you have more self-control, because there is no pressure to conform to the â€Å"norm† of the community in order to keep the society running smoothly. Rousseau, an advocate for positive liberty thinks that self-mastery is necessary for us as individuals and says that we should want to be the masters of our own life. Positive liberty is, † Wishing to be a subject, not an object; to be moved by reasons, by conscious purposes, which are my own, not by causes which affect me, as it were, from outside.† By participating in your government and thinking for yourself you can achieve self mastery. By having political self-mastery you are free to form a society which forms your values, which leads to democracy. Mill, as a liberalist, believes there ought to be a minimum area of personal freedom which on no account can be violated. Mill says, â€Å"If this boundary is overstepped, the individual will find himself in an area too narrow for even that minimum development of his natural faculties which alone makes it possible to pursue, and even conceive, the various ends which men hold good or right or sacred.† Mill says there must a certain amount of personal freedom so that you grow as an individual, so therefore, there needs to be a distinction between private life and public authority. ‘Freedom for the pike is death for the minnows’; the liberty of some must depend on the restraint of others. In this type of society some people are held back for the betterment of others. The idea that for every person on top there must be someone below them must be accepted. The other philosopher in question, Frederic Nietzsche, German philosopher of the late 19th century challenged the foundations of traditional morality and Christianity. He believed in life, creativity, health, and the realities of the world we live in, rather than those situated in a world beyond. Like Mill, Nietzsche wanted to replace old values with new ones. He wanted to move towards a new type of human being. – â€Å"The Uberman† In Nietzsche’s writing, â€Å"Beyond Good and Evil† he speaks of the â€Å"new philosophers† – individuals of ‘socio – intellectual status’ who must pave the way forward for a new world. – Who must rise above the confinements of political and social tyranny. Essentially, through asserting their â€Å"will to power.† Nietzsche refers to these individuals as the aristocrats, the elites. These â€Å"noble† men will assert their will to power. – An ability that will have been passed down from generations. The new philosophers or â€Å"noble breed† will possess the â€Å"master morality† the morality of the aristocratic, that which makes values for others and sees itself as noble. At this point, Nietzsche introduces the ‘notion of superiority’ – the idea that these â€Å"free spirits† or new philosophers will assume a place of superiority in the social and intellectual hierarchy over those who are confined by political and social tyranny. In several aphorisms, he emphasizes a higher type of man, one who believes and demands an order of rank and disdains democracy and equality. Those inferior individuals, he refers to as â€Å"the herd.† The herd succumb to social and political tyranny, and so are â€Å"slaves† to it – and they can not change. – It is not in their genes. It is ok for the herd to be confined by political and social tyranny, but not for the elites. – The elites must be the dominant force, not controlled by a force. Nietzsche’s fundamental principle is â€Å"the will to power.† Nietzsche refers to it as â€Å"an essence of life.† For Nietzsche, the underlying driving force of change is will. All drives come from a will to power, which is; the drive for freedom and domination over other things. We see it in our daily lives; in every argument there is a striving force for mastery and victory; even in the hierarchical nature of organisations e.g. manager vs. worker, teacher vs. pupil, politicians, preachers and even in the sex act itself. But, for Nietzsche, political and social tyranny seeks to tame this primeval drive and to suppress it. It is the weak and the herd who let their desires and will be suppressed. It is the role and duty of the ‘new philosopher’ to cultivate it. Nietzsche strongly attacks religion. Especially Christianity. For Nietzsche, religion is a modern manifestation of political and social tyranny. Religion seeks to suppress the will to power. He refers to religion as â€Å"an ongoing suicide of reason† and has similarities with Freud in that he thinks religion is a ‘neurosis’ or mental illness. â€Å"Wherever the religious neurosis has appeared on earth we find it tied to three dangerous dietary prescriptions: solitude, fasting and sexual abstinence.† So for Nietzsche, being a Christian, means denying ones desires, it means self sacrifice for the sake of God (whom he believes is dead) and showing pity and charity for others allegedly leads to the elevation of the weak-minded. Nietzsche believes we shouldn’t show such charitable acts, or make unnatural sacrifices. Christians are the herd, because they follow such beliefs and live their lives by them. The herd are not in control of their lives, for they live by a set of principles that are not their own. Christianity as a form of tyranny takes over the individual. We self mutilate when we feel guilty. Nietzsche says we shouldn’t feel guilty, as its better to do something and experience it, taking from it what we will, rather than be told not to do it at all. Political and social tyranny does not give an individual the chance to do this and places restrictions upon the individual. Like Mill, Nietzsche valued individualism above all else, but he saw that as a result of the acquiescence to social and political tyranny (e.g. religion) followed a â€Å"herd mentality† where everybody follows one another for fear of disapproval by public opinion, or in the case of religion, disapproval by God. The herd has ‘given up’ their will to political and social tyranny. And so are weak to their superiors, as reflected in their values. But Nietzsche suggests that people want this. He refers to slaves wanting and accepting political and social tyranny, and relating to the modern manifestation of this through religion, it provides truth and certainty. The slave is led by a superior guide, and wants to be, because it is comforting. So hence, Nietzsche sees the Enlightenment or ‘age of reason’ as ‘enraging to the slave’ because it removes an ‘Absolute Truth’ I.e. God. So forth, the slaves have to find their own truths. Both philosophers contribute from different stand points. Mill on one hand speaks from a liberalist perspective. Liberals see humans as essentially rational thinking creatures capable of making informed decisions and despises the kind of paternalistic controls of a political tyranny that characterised the previous feudal period. Where Nietzsche on the other hand comes from an elitist standpoint. So, for Nietzsche, the most â€Å"human† or natural of societies are those based on aristocratic principles. Thus, societies with clear and very wide social class divides are the most appropriate of humanity. Clearly defined class distinctions that Nietzsche would have liked are the times of the Ancient Greeks, Romans, Feudalism and even aspects of Nazism. – Orders in which richness, excess, cruelty and sensuality were encouraged. This is where a major difference between Nietzsche’s philosophy and Mill’s becomes apparent. Mill criticises the political control of a tyrant on an individual’s freedom, yet Nietzsche claims that these aristocrats are â€Å"living for themselves† The aristocrats have asserted their will to power over the people. He justifies this by saying that these societies are natural, because the will to power was exercised properly, by the powerful over the weak. Both have similar views on the topic of religion, arguing that no longer should one set of religious truths be imposed on a population. To move forward, to progress, is to explore the world through the exercise of human reason and critical enquiry. For Nietzsche, we must continually question everything, for there is no absolute truth. We have to find our own truth. We do this by being individual, and not following a herd. For Mill, we are rational thinkers, and bases his theory on this view – that we will come to sensible conclusions. Hence, both philosophers advocate maximising negative liberty as a necessary condition for human flourishing. With the freedom to be individual without the barriers or constraints of tyranny, we as a society and as individuals’ progress and new ideas are formed. New values are made, replacing old ones. The Elitist vs. the Liberalist approach is where the two philosophers differ in attitudes. Taking into consideration a rejection of negative liberty, this could be used to pave the way for an alternative account.

Choose a set of military images or objects and consider how they have Essay

Choose a set of military images or objects and consider how they have mobilized popular opinion in support of war - Essay Example Thesis statement: pictures especially of military objects mobilized popular opinion in support of war. This paper will discuss the role played by pictures in the outbreak and spread of the World War 1 and the Vietnam War. Experts believe that propaganda spread by the media then played a big role in the outbreak of the war (Dowling, 2006). The mass media played a great role in spreading pictures that were emotions and aggressive thus convincing the neutral nations that their sovereignty and peace was at risk (Allan, 2003). Many countries relied on propaganda pictures in scaring their enemies and demonstrating their military power. Cartoonists drew sarcastic pictures of their rivals thus contributing to anger among the citizens and agitations for the support of the War (Dowling, 2006). A majority of the pictures contained ill motive messages such as killing of women and children thus implying the intention to contravene the universal human rights of the civilians that were safeguarded by the international law. The agitated interest groups and emotional civilians could not withstand the provocative messages contained in the pictures and hence urged the governments to join the War in order to ensure national security (Allan, 2003). Pictures of women being raped by soldiers during war prompted feminist groups to urge the nation to join in the war while those containing images of burning property prompted the humanitarian groups to join urge the national governments to take military action against countries that breached civilian rights (Dowling, 2006). This was the height of propaganda since pictures portrayed the negativity of the war leading some countries to join the War in order to safeguard the innocent civilians (Allan, 2003). Accordingly, some pictures and images depicted an ongoing arms race since several countries were involved in military strengthening and manufacture of sophisticated weaponry. Countries like German and Britain were engaged in manufacturin g advanced war ships and battle tanks that could easily overpower the enemy (Dowling, 2006). The mass media fueled the popular opinion on War through showing the pictures of enemy weapons and analyzing how such weapons posed a great threat to their stability and security. Military weapons pictures contributed to War since several countries wanted to demonstrate their superiority and military strength through putting the advanced weapons in to action during the War (Dowling, 2006). The increased fear among the citizens led to agitation for surprise attacks on the enemies (Allan, 2003). The humanitarian crisis images and pictures taken in Vietnam also created a popular opinion towards the War since pictures showed images of crushing trains, burning airplanes, starving children. The pictures of death American soldiers and crushing planes made Americans believe that extreme military offensive through air strikes, naval strikes and additional soldiers was needed in Vietnam. The effects o f these devastating images prompted the entry of other states in order to end the costly War (Dowling, 2006). Recruiting Poster, World War I Pictured above was part of the posters used to urge nations to join in the First World War in the wake of its outbreak (Dowling, 2006). The picture shows a gorilla with fangs and a scary spiked Prussian helmet carrying off an American woman. The club has a label of â€Å"kultur†

Auditing Assignment Example | Topics and Well Written Essays - 500 words

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How sedentary lifestyle affect identity Essay Example | Topics and Well Written Essays - 1250 words

How sedentary lifestyle affect identity - Essay Example By this time, everybody should know the health effects of inactivity, almost as damaging to the mammal body as cigarette smoking and pets are just as susceptible. The earth is definitely getting heavier because obesity is an epidemic in the developed countries. New cases of adult onset Diabetes (also known as Type II Diabetes) are growing at an astronomical rate in the West, where 350 million people now have the disease and more than three million people succumb annually. Shockingly enough, more children are getting this version of Diabetes, which at one time was extremely rare in those under eighteen. In addition, coronary disease (heart attacks) and hypertension evolving into debilitating or fatal strokes are more common in the immobile person. Many works have blamed the sedentary lifestyle on the technology age and it is true that many more people hold an office-type job in 2012 then the populace did in the 1960’s. However, the average Western adult only works forty hours a week, less than 25% of the 168-hour week. The other seventy-two hours (after subtracting fifty-six hours for sleep) lead to sedentary trouble. The kid playing video games for hours on end, the family watching the latest DVD, adults and kids alike glued to the home computer shopping and catching up on Facebook, Twitter, etc. are all inactivity red flags that identity change is eminent. . To multiply the problem, a myriad of unhealthy food choices are available, potato chips, burritos, cookies among others, with more items invented all the time. Diet and exercise are the two solutions to inactivity. Healthy, home-cooked meals with less eating out, especially at fast food restaurants, can make a vast difference in a person’s weight and health, and feelings of identity. Instead of dad and son watching football all Sunday afternoon, they could go out in the backyard and have a game of catch. The whole family could go for a brisk walk in the park and rather than driving around the mall trying to grab a parking space near the entrance, it would be much better to park in the nether regions and walk to the door. Gardening, housework, walking the dog (it needs the workout also) and even sex are wonderful everyday devices in which one would get exercise. Is it raining? The inactive person could try walking up and down the stairs a few times. New York Times correspondent Michael Pollan has written several tongue-in-cheek books on the subject of food, most notably The Omnivore's Dilemma: a Natural History of Four Meals. Pollan stresses that he essentially agrees with the Government in their assessment that junk food and other processed foods are not good for the human body. He also acknowledges that so-called â€Å"organic† food is not that anymore, what started out as a good idea quickly turned no better than non-organic foodstuffs. In addition, modern transportation and storage methods, bringing regional foods such as Cajun nationwide, are not necessarily for the betterment of humankind. While recommending more plant matter, he stresses that humans should become a society of hunter-gatherers, as they were less than 150 years ago. Pollan in the chapter â€Å"The consumer a republic of fat† speaks explicitly on the sedentary lifestyle and oddly enough blames it partly on the glut of corn produced in North America. Americans don’t each that much corn so the excess resulted in the massive alcohol manufacturing in the 1800’s, which is still being used today (Pollan). Also high

Managing Projects and Operations Essay Example | Topics and Well Written Essays - 2000 words

Managing Projects and Operations - Essay Example The centre is focused on providing twenty four hour fitness services seven days a week (Martin and Tate, 1997). There is need to identify internal strengths and weaknesses of the fitness center for purposes of bridging the gap existing between community, current status of the organization and future expectations. In normal situations, such organization’s strengths are determined through assessment of various sectors and prospects within the company. These aspects include employees, nature of facility, skills and expertise, nature of equipments and activities and human resource management cares for their employees and the surrounding community including training and development. Overall weaknesses are normally determined through the assessment on availability of enough funds required for expansion, low rates of employee turn-over, poorly laid down structures on strategic management, poor locations and poor communication links (Barney, 2007). Energise Health & Fitness Centre wou ld be faced with external opportunities some of which include; relational ties between the gym and other organizations, marketing principles and strategies, nature of incentives rendered to, government regulation and incorporation of information technology. The center will be faced by equal threats which include; economic turmoil, loss of employees and clients, increase in costs of expertise services and stiff competition from other fitness centers (24 Hour Fitness, 2012). Various factors should be considered based on employees within the center; these include the nature of skills irrespective of the education level, Knowledge on the use of facilities, impact on others both inside and outside the company. Concerning business level, certain considerations should be made dealing with areas such as reputation, Capacity, Responsiveness and customer attitudes. Based on corporate level, there is involvement of processes and structures utilized in managing business affairs of such faciliti es. This would involve incorporation on areas involving competitive advantages and disadvantages and the nature of services. Then finally there is high positioned executive level which involves vital exercises such as quality assessment, Installation and service capabilities (Martin and Tate, 1997). Effectiveness on corporate governance within the facility can be achieved through approved principles, rules and regulations which should provide necessary foundation and guidance for leadership. Leadership within the gym should comprise of management team accountable to the running of the gym on a 24-hour basis. The management is endowed with the responsibility of having accurate and up to-date information concerning the facility. The fitness center should also have chief executive officer whose role is different from the overall chairman. The powers and authority held by the two should be checked for the purposes of offering balance within decision making. Then there are shareholders w ho should be fully involved in the organization’s activities involving concerns of the surrounding community. Implications on the gym and its strategic operations Robust management practices within corporate governance will be essential in determining the level of customers attracted to the facility. This is since it would ensure profitable management of resources and assets. Good corporate governance would also ensure improvement in communication and implementation of new and workable

Account for any changes and continuities in the depiction of women in Essay

Account for any changes and continuities in the depiction of women in the political fictions of the US and UK - Essay Example old, at the heart of the family, from which position they gave out a form moral safeguard over public man in his cutthroat domain, liberating him from the polluting effects of the unprincipled marketplace (Fisher & Silber, 2003). Hence, for Ruskin, â€Å"the true nature of home is the place of Peace; the shelter, not only from all injury, but from all terror, doubt and division... so far as the anxieties of the outer life penetrate into it, and the inconsistently minded, unknown, unloved or hostile society of the outer world is allowed either husband or wife to cross the threshold it ceases to be home† (ibid, 54). Basch argues that the moral influence of women in this thought was constructed both quantitatively and qualitatively in straightforward relation to their submissiveness and subordination to masculine influence and authority; and this allusion appears to be established both by the assertion of Ruskin that women must be aware and intelligent not for personal growth but for self-liberation, and Coventry Patmore’s angel, whose strength of character is firmly weak because of mere passiveness to his authority (Michie, 1992). Man’s domain is action whereas emotion for the woman, therefore, as the prologue of the poem proclaims, â€Å"inspiration hers: In his heart, his thoughts were rife/ How for her sake to earn a name† (ibid, 102). Basically, the masculine public domain of action was also the special sphere of politics, which thus were expressed as an entirely male concern: â€Å"man’s duty, as a member of a commonwealth, is to assist in the maintenance, in t he advance, in the defence of the state. The woman’s duty, as a member of the commonwealth, is to assist in the ordering, in the comforting, and in the beautiful adornment of the state† (Fisher & Silber, 2003, 56). Not astonishingly, perhaps, provided with the traditional domain of divided dimensions ideology, particularly in the aspect of political fictions, nineteenth century feminist movement

Did the Constitutional Treaty Answer the Laeken Questions Essay

Did the Constitutional Treaty Answer the Laeken Questions - Essay Example The main matters dealt with during the Laeken Council held in Belgium included new measures in the area of Justice and Home Affairs which emphasized on the European Arrest Warrant, a common definition of terrorism, and the European Justice the seats of 10 new EU agencies. As a guide for the citizen's expectations raised in the summit, poll evidence in other countries suggest that the citizens want a more effective EU in terms of foreign and security policy, environment and a more clear fight against organized crime. September 11th has stretched the pace of integration of external and internal security. The treaty's provisions in the internal security policies is the "affirmation on the respect for human dignity, freedom, equality, the rule and respect for human rights including minorities, non-discrimination and equality between men and women"3. Common policies on border checks; asylum and immigration are provided under the treaty where cooperation is expected on judicial matters and police implementation scheme. Under this power, the Commission will have the power to take the member states to court for "failure to implement legislation on most justice matters like infringement procedures"4. The treaty is aiming to facilitate recognition of judgments and judicial decisions in criminal matter having a cross-border dimension. Such rules may cover mutual recognition and admissibility of evidence between member states in their criminal procedures. The Council acting by an unanimous vote with its members intends to specifically address crimes like terrorism, trafficking of humans and sexual exploitation, drug trade and arms, money laundering, corruption, counterfeit, computer and organised crime. The concerns specifically expressed regarding security measures were catered for in the treaty. The Constitutional Treaty has addressed the several questions raised during the Laeken council but the new solidarity clause specifies that any member state which becomes a victi m to a terrorist attack or other disaster will receive assistance from other member states. The question on the clear distinction on the exclusive competence of the Union and the member states and the particular the powers assigned by the treaties to the union was raised. The European convention in answer has submitted a proposal that underlines "a catalog of competences is not the aim of the exercise and that the five countries prefer a flexible approach to the issue of competences, but explicitly stating that the Union has no competences other than those conferred on it by the Member States through the treaties"5. More precisely, the powers of the EU may be widespread but is also narrow where exclusive competence is nowhere defined. There is no rigid demarcation line between the EU and its member states. Where EU and its member states have a more forceful power in trade and monetary policies- in other aspects it is playing second fiddle to the member states. Where EU enjoys no general competence and nobody is arguing that it requires one, "the five member states propose t he creation of a new political body, consisting of national parliamentarians mandated by the council, to ensure scrutiny of proposals by EU institutions"6. For the most part, as a proposing body a