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Tuesday, August 25, 2020
The 2008 Presidential election Essay Example for Free
The 2008 Presidential political race Essay The 2008 Presidential political race will before long arrive as manyâ states have drawn their primaries nearer to the current day. It along these lines would profit each person, regardless of how emotionless they ponder the political procedure, to recognize it and where they lay inside the political range. It is a wellspring of extraordinary conflict for every capable resident, when others excuse our political procedure and afterward gripe when they have never really change business as usual and don't have the foggiest idea about the names of the competitors. This could have recognized myself a couple of years prior. I took a more noteworthy enthusiasm for the historical backdrop of legislative issues than what was befalling my nation in the current day. I at that point got mindful of legislative issues and in this manner, had to know where I stood and why.. This doesn't generally remain constant and there are surely special cases. In any case, the way that Republicans base their convictions on their confidence and Democrats base their convictions upon the Constitution first and maybe their confidence also, such issues as premature birth, gay marriage, undifferentiated cell research and the separate of the American family, all have constrained me to put one foot somewhere down in the Republican Party and the other foot outside of the two gatherings if the Republican Party overlooks the confidence of the individuals that they speak to as did the Democratic Party during the 1960s and 1970s. I see myself as a Kennedy Republican: solid good and strict confidence, unashamed of the significance of this nation, constrained to improve conditions for minorities just as poor people, yet continually propelling self duty, poise and financial con servatism à â â â â â â â â â â One of the soonest and most impressive factors in an assortment of perspectives inside my life, has been my family. Ironicly the individual who I gained the most from, presently casts a ballot uniquely in contrast to I do. My dad is an individual from his association at work so he is constrained to decide in favor of the Democratic Party. He does anyway can't help contradicting their positions on different social issues. The remainder of my family concur with me and normally vote as I do. I originate from a family unit and subsequently, certain encounters are viewed as a mystery as opposed to what was previously the standard. My youth was a long way from great. Nonetheless, toward the day's end, I realized that my folks would consistently be there to address my issues just as a couple of my needs. This didn't occur by chance yet through difficult work and planning. My folks were hitched when they were youthful however didn't have kids until seven years into their marriage. The purposes behind this are two overlap: First, they didnââ¬â¢t have the cash toâ raise a family and second, they previously needed a steady marriage wherein to carry a youngster into the world. Thus, I was managed a couple of more chances and profited straightforwardly from my folks obligation. That is one motivation behind why I am a solid adherent to moral obligation. On the off chance that an individual carries out a wrongdoing, it is his issue alone for submitting that specific infraction. à That is the reason I am against a liberated government assistance framework in which encouraging feedback is given for negative conduct. This excludes the individuals who are genuinely down on their karma and in spite of their earnest attempts, can't discover productive business. This doesn't mean in any case, that a person with no activity, no training and no critical other who might be there to share the budgetary and enthusiastic weights that originate from having a kid, should keep on getting a raised pace of installment from the legislature, since that individual decided to have one more kid that they can't bolster. The kid ought not be rebuffed for the flighty conduct of their parent yet the parent ought not be compensated too. Free government assistance enrages me continually. My dad maintained two sources of income so as to help his family. My mom is corpulent and is in sick wellbeing yet at the same time works 50-60 hours a week.â Rather than apply for inability benefits which she would most likely get, she can't agree to acknowledge installments from the legislature for administrations that were never rendered. à My father is a painter in the mid year and a teacher the remainder of the year. One summer day, he was painting outside and lost his balance.â He fell and cracked his ribs on a forced air system unit. He had returned to work in two days with a wrap on his mid-region. As a family, we were rarely poor and he could have stood to remain at home for one more week however in the event that he could work, he did and kept on doing as such, six days every week, fifty fourteen days out of the year. à â â â â â â â â â â accordingly, I am solidly against proceeding with government endorsed encouraging feedback toward negative conduct as liberated government assistance installments. The present government assistance framework was begun under President Lyndon Johnsons War on Povertyâ⬠(Schlesinger, 1965 pg. 761) where it was expected that individuals would battle and paw their way back to become independent however simply required some assistance simultaneously. It couldn't be understood at that point, as it is still difficult to fathom today, that individuals would submit to getting government assistance installments for quite a long time and would even have more youngsters out of the inspiration of accepting a bigger government check. I feel that it is the duty of the parent, more than culture and most likely more than the legislature, to bring up and bolster that youngster. I additionally accept that if the legislature is going to help and offer guide to those families who are briefly experiencing tough situations that ought to be stood to them while urging that person to secure another position at the earliest opportunity. The administration doesn't exist to fill in as a sitter for the American individuals. This isn't what the rights communicated in the Constitution states and it in opposition to the American hard working attitude which assisted with giving America the impact that it is for some time delighted in. Difficult work, obligation and restraint, I gained from my folks. Therefore, I think that its difficult to endorse to present day Democratic idea that looks to secure premature birth when parental duty would have stayed away from such issues, free government assistance while the individual can work and widespread social insurance when it is the obligation of the parent to take care of for the tabs of their own youngsters. à The subsequent extraordinary factor that impacts me is my strict confidence. An ever increasing number of individuals are distinguishing themselves as nonbelievers. The Republican Party has demonstrated that they have no place for them.. In this manner, they go, now and then as a matter of course, to the Democratic Party and influence the ideological group that used to represent Christian qualities. It has become a pitiful reality however one can't plan to pick up the Democratic designation for President except if the individual in question is expert decision and genius gay union with some degree. Likewise, numerous Democratic are for foundational microorganism research in which the human incipient organism is obliterated all the while. The Republicans don't have an imposing business model on what is correct and moral.. In any case, the terms: The strict right and the mainstream left are turning out to be increasingly precise, despite the fact that there are numerous exemptions. Thus, as long as such issues remain so dangerous to the American good fiber of this nation, botches that the Republicans make, remembering numerous parts of the War for Terror, it is comprehended, won't keep going forever and subsequently, individuals ought not be exchanging their vote over to the Democratic Party. à â â â â â â No issue to what extent it takes, the war will be over before children will be given the security of life that is found in the Constitution and if our ancestors were alive today, would recoil at the way that the act of killing a human life, at times by puncturing their mind with a steel pole, is permitted and endured in this nation. The Bible expresses that God knew us while we were in our moms belly. (Book of scriptures, 2000 pg. 328) Abortion is avoidable in 99% of the cases if the guardians just had the craving not have intercourse until they are prepared to bear the full results. A portion of the fault ought to be set at the feet of the individuals who execute this thought of a chaste society where the outcomes of wrongdoing which is currently viewed as disgusting as a four letter word, is genuine and ought to be kept away from. à â â â â â â â â â â The equivalent can be said for the issues of gay marriage and undifferentiated organism research. Such things God takes very seriously.â However, the way that almost 20,000 killings happen each year with the utilization of hand weapons and Republicans contend so energetically to keep that right, may appear to frustrate God also. The Republicans don't have a restraining infrastructure on what God needs for this nation. In any case, genuine Christians can't move beyond sanctioned homicide and the proceeded with acknowledgment of homosexuality by our administration. Such thoughts claim to numerous Americans and forces others to think about what our progenitors would state on the off chance that they were allowed to laud on what has befallen the ethics of this nation. There are numerous on the political left that shake their head in disappointment and sicken when they hear such inspirations driving the Republican Party. This will probably be the situation as religion turns into a four letter word more now than in ongoing history, As Muslim fanatics hurt, the religion of Islam as well as all religion as those outwardly glancing in and attempting to comprehend the individuals who guarantee a confidence as strict fundamentalists and radicals. à â â â â There has been a minor resurgence of confidence in America yet as much as Christians and others of confidence push for America to be the nation that it used to be in the zone of strict opportunity and articulation, secularists will push back similarly as hard. Albeit a questionable figure, Bill OReilly amended distinguished the issue as a culture war. It was disheartening yet to be expected that during the Clinton Presidency, the Christmas Tree turned out to be fairly an occasion tr
Saturday, August 22, 2020
Practical vs. Practicable
Down to earth versus Practicable Down to earth versus Practicable Down to earth versus Practicable By Mark Nichol Whatââ¬â¢s the distinction among commonsense and practicable? Thereââ¬â¢s a down to earth differentiation, and I trust you will discover my clarification practicable. The words both stem at last from the Greek expression praktikos, which means ââ¬Å"practical.â⬠However, while commonsense alludes to something that is successful, valuable, or simple to utilize, practicable methods ââ¬Å"something that is or could be done.â⬠A down to earth thought is one that is reasonable in light of the fact that it very well may be actualized, and a handy can opener, for instance, is one intended to be anything but difficult to utilize. (The antonyms are unfeasible and impracticable.) The meaning of pragmatic is significantly increasingly exact in the performing expressions: A viable seat, for instance, is one that is really utilized over the span of the exhibition; a nonpractical seat is utilized as a set improvement yet may not be utilitarian. (For instance, however it looks decent, it might be made of delicate materials and may not be sufficient for anybody to really sit on.) Practical additionally appears in the expression ââ¬Å"practical joke,â⬠which gets from the uncommon feeling of the action word practice that implies ââ¬Å"deceiving, or exploiting, someone.â⬠Other than the action word type of training, which implies ââ¬Å"rehearse or get ready, or to apply, or to routinely do something,â⬠just as ââ¬Å"undertake proficient work inâ⬠(as in the expressions ââ¬Å"practice medicineâ⬠and ââ¬Å"practice lawâ⬠), and the thing proportionate, there are a few different words originating from a similar Greek term. Practic, for instance, is an uncommon descriptive and thing structure meaning, individually, ââ¬Å"practicalâ⬠and ââ¬Å"practice,â⬠and praxis alludes to taking part in a craftsmanship, science, or ability or to standard direct, or to handy utilization of a hypothesis. A practicum is a course of study where clinicians or teachers are administered in rehearsing what they have just realized in principle. The modifier rehearsed implies ââ¬Å"expert,â⬠and the descriptive word rehearsing has common implications identified with the meanings of training above yet in addition applies to clinging to the traditions of a religion. Negligence, then, in medication alludes to inappropriate consideration and in law applies to manhandling a place of trust. Need to improve your English quickly a day? Get a membership and begin getting our composing tips and activities every day! Continue learning! Peruse the Misused Words class, check our mainstream posts, or pick a related post below:35 Synonyms for ââ¬Å"Lookâ⬠How to Punctuate with ââ¬Å"Howeverâ⬠Proverb versus Proverb
Monday, August 3, 2020
How To Write The My Community Essay For College Applications
How To Write The My Community Essay For College Applications The Community Essay The Community Essay The community essay is a standard supplemental rascal that mines for information about your social habits and favorite causes. Prompts that ask about a âcommunity you belong toâ often leave themselves open to interpretation: Are you part of a community of sports fans around the world who can connect with other strangers over the amazing play in a recent game? Maybe you belong to a group whose mission is to provide clean water to people around the world. Dukeâs prompt this year provides a great example of how a community essay might be worded: âDuke University seeks a talented, engaged student body that embodies the wide range of human experience; we believe that the diversity of our students makes our community stronger. If youd like to share a perspective you bring or experiences youve had to help us understand you betterâ"perhaps related to a community you belong to, your sexual orientation or gender identity, or your family or cultural backgroundâ"we encourage you to do so. Real people are reading your application, and we want to do our best to understand and appreciate the real people applying to Duke.â As with every essay you ship off to admissions â" think about something you want admissions to know that hasnât been represented. What can you expand upon to show your versatility, passion and ability to connect with the world around you? About CEA HQView all posts by CEA HQ »
Saturday, May 23, 2020
Developing Medical Field Essay - 968 Words
How Ideas in the Developing Medical Field Shaped our Methods Today The world of medicine is a diverse and complex field. From treatments to diagnostics to technologies, medicine has a broad span of information. It had taken a tremendous amount of time for medicine to evolve. Medicine has gone through many hardships, difficulties, and obstacles in aiding civilizations throughout the years to become the developed practice we know today. Medicine in the ancient civilization is home to many of the first groundbreaking medical advances. Combat and combat medicine in the ancient civilizations of Greece, Rome, Egypt, and many others were incredibly primitive. Combat and fighting was limited to hand in hand. Fighting with swords, bluntâ⬠¦show more contentâ⬠¦As ideas progressed, abnormal remedies and methods defined the middle ages. Europeans used many unusual objects for remedies such as pigeon dung and boar penis (Reff). Healers used herbs and plants as well as charms to treat wounds (Pirotta 19). Those who couldnââ¬â¢t afford surgeons would have to hire barbers to do their operations. Diseases such as smallpox, measles, and the flu dominated Europe and were a big part of medical history. Treatment for these werenââ¬â¢t developed yet so this let to many deaths. The only way really people survived this was by having a genetic trait (Reff). Medicine careers and opportunities improved throughout the middle ages. About every village or community in Europe was likely to have a person with medical knowledge and plant knowledge. This is different to the ancient times where there were few healers, and everyone believed that the gods were causing disease and illness. European medicine, studied and practices by university trained doctors or town wives, was still in a primitive stage. Doctors would often prescribe blood draining for medical issues. The idea being that they were releasing excess fluid from the body, restoring balance (Reff). The early American civilization bred new medicine ideas that led from primitive to more modern methods. War medicine had a very different yet similar medical practice to that of the ancient times (Hillstrom 165). Soldiers had to deal with the same problems thatShow MoreRelatedWilliam James787 Words à |à 4 PagesWilliam James (1842-1910) William James was a philosopher and psychologist but was most well known in the field of Psychology for developing the philosophy of pragmatism, or the Functionalist theory: Theory of mental life and behavior that is concerned with how an organism uses its perceptual abilities to function in its environment. He was also the first Psychologist to be born in America. William James was born on January 11, 1842 in New York City. His father, Henry James Sr. was aRead More William James Essay764 Words à |à 4 Pages William James was a philosopher and psychologist but was most well known in the field of Psychology for developing the philosophy of pragmatism, or the Functionalist theory: Theory of mental life and behavior that is concerned with how an organism uses its perceptual abilities to function in its environment. He was also the first Psychologist to be born in America. à à à à à William James was born on January 11, 1842 in New York City. His father, Henry James Sr. was a Swednborgian theologian, andRead Morekjoi Essay1645 Words à |à 7 Pagesï » ¿Essay Question 1 : Describe how VCOMââ¬â¢s post-baccalaureate program will help you to meet your long-term professional goals. Already coming from a family with a background in the health professions field, I pretty much had a view of what it would be like in the medical field. Going back to my senior year, I had alot of medical experiences that I enjoyed. 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He established how remorseful he was for neglecting his parents for education and to the extent of disapproving his lowly-educated parentsRead MoreThe Impact Of Globalization On Public Health1208 Words à |à 5 Pagesimpacted many areas such as economy, culture, technology, public health and other fields. In terms of public health, globalization has positive and negative affected on the progress of health in the world, especially in the developing countries while the negative effect was more than positive. This is due to several factors influenced by globalization and as a result of this impact, level of health has been affected. This essay will discuss the negative impacts of globalization on public health and howRead MoreProject Is Formatted Correctly Based On Our Developing Individual Interests And Personal Goals1493 Words à |à 6 PagesGeorge Dr. Machado ENG 111-06 Due: December 8, 2015 1) This project is formatted correctly according to project guidelines. 2) This project is a packet of work that contains, in this order: A) Title Page B) Final Draft C) At least one early/ rough essay draft D) Outline E) Brainstorm 3) I have read my work aloud, slowly. 4) The project improves on the following areas of compositional difficulty: I have been working hard on subject-verb agreement and using more effective words. My early drafts hadRead MoreQuality Assurance Essay1265 Words à |à 6 PagesManaging Quality Assurance in the Workplace Essay With the expected growth in the allied health sector in the coming years due to increased patient care demands, healthcare organizations in the United State will need to take steps to maintain a high quality of care. These steps will include ways to ensure that well trained staff are hired, adequate new staff on the job training and orientation, continuous review of policies for improvements in safety, care, risk management and quality assuranceRead MoreThe Main Characteristics Of Emerging Markets1417 Words à |à 6 PagesIntroduction In recent years,there has been a growing concern about the emerging markets,and it is kind of new economic markets in developing countries which likes mature markets but does not meet a criterion of it,and emerging markets is a relevant concept when it comes to the developed countries.While a variety of definitions of the term of emerging markets have been suggested,this essay will use the definition suggested by Arnold and Quelch(1998)who saw it as countries that satisfy two standards,first is
Monday, May 11, 2020
Equity and common law - Free Essay Example
Sample details Pages: 10 Words: 2926 Downloads: 2 Date added: 2017/06/26 Category Law Essay Type Narrative essay Did you like this example? Equity evolved to cover the cracks within the common law. Over the years it has evolved a separate but parallel set of legal rules which complement the common law. The case of Dudley v Dudley illustrates this by announcing that ââ¬ËEquityâ⬠¦does not destroy the law, nor create it, but assist itââ¬â¢[1]. Donââ¬â¢t waste time! Our writers will create an original "Equity and common law" essay for you Create order The common law was prone to reaching an unjust outcome, due to the rigid constraints. This was combated by the introduction of equity. During the reign of King James I, the public would petition the King appealing as it were to his conscience. The King dealt with these matters in conjunction with the Chancellor. This then led to the creation of the court of Chancery in the fourteenth century to administer the new set of complimentary rules. This led to confusion over which set of rules took precedent over the other. This was defined in The Earl of Oxfords Case (1615)[2] in which King James I stated that ââ¬Ëif there is a conflict between common law and equity, then equity should prevailââ¬â¢. Lord Ellesmore LC went on to clarify the position of equity by stating ââ¬ËThe office of the chancellor is to correct mans conscienceââ¬â¢s for fraud, breach of trusts, wrongs and oppressions of whatever nature and to soften and mollify the extremity of the lawâ⬠¦when judgemen t is obtained by hard conscience.ââ¬â¢[3] The equitable maxims also known, as rules of conscience are different than their Common Law counterparts, this is evident within the way in which evidence and facts are treated. The common law judges are limited to providing only one remedy, that of damages. Equity in contrast has a range of remedies available, allowing the judge to consider the individual circumstances on a case by case basis. The remedies available in equitable judgements are specific performance[4], rescission[5], rectification and injunctions[6]. So what are the equitable principles under discussion? This paper will now consider them in turn. The first considered is equity follows the law. Beever explains that ââ¬Ëequity fills the gap between legal justice and absolute justiceââ¬â¢[7] he went on to explain further by stating that ââ¬Ëthe content of equity consists of those judgements required to reconcile the former with the latter.ââ¬â¢[8] They furt her back this explanation by the following words from Aristotle. ââ¬Ë[W]hen the law states a general rule, and a case arises under this that is exceptional, then it is right, where the legislator owing o the generality of his language has erred in not covering that case, to correct the omission by a ruling such as the legislator himself would have been there, and as he would have enacted if he had had been aware of the circumstancesââ¬â¢[9] This highlights equityââ¬â¢s position within the law. It points out that when there is a dispute between the common law and equitable principles; the common law will prevail. When considering this one must also take into account the maxim that Equity acts in personam. This is especially so when remedies are being considered. This is due to the fact that equity unlike the common law acts in the interests of the parties involved. It is important to note that equity does not change any common law ruling. It simply puts them aside for the sake of justice and fairness at a micro not macro level. Equity will not enforce an unconscionable contract. Where equities are equal the law prevails. In this one must look to see if common law solution is equal to that of the equitable one then the common law will take priority. The solution at common law if considered to be an inadequate remedy, then equitable solutions will be considered. Equity looks to substance rather than form shows that the equitable solutions are available even though they may not be protected by the common law. The court will look to what the parties before them intended. It does not require, unlike the common law specific formalities to have occurred before the law will be able to aid the claimant. This is discussed in the case Parkin v Tharold in which it stated that if formalities are required by statute, then equity could not override it. This is a direct link to the maxim that equity follows the law, providing yet more evidence that the maxims must be considered as a whole within each individual case. The following maxim, Equity regards as done that which ought to have been done relates to the equitable remedies available. Examples of this can be seen in Howe v Lord Dartmouth[10] and AG for Hong Kong v Reid[11]. The following maxim is concerned with the character of the defendant; He who comes to court must come with clean hands. This is best explained by Woods J in the case of Cross v Cross[12] in which it states ââ¬Ëâ⬠¦any conduct of the plaintiff which would make a grant of specific performance inequitable can prove a bar.ââ¬â¢ In other words, past behaviour will be taken into account. However, this is limited to behaviour that is directly related to the case in hand, see Dering v Earl of Winchester[13]. Statutory instruments generally proved guidance upon the maxim that Delay defeats equity. However, where the Limitation Act 1980 is silent on the issue at hand then it will be governed by the equitabl e doctrine of ââ¬Ëlachesââ¬â¢. A delayed response can prove to be a bar to equitable remedies as it can indicate that there has been acceptance of the new status quo. The application of justice and fairness is the cornerstone of equity. It will come as no surprise that the maxim equity is equality provides equal division of assets, unless this would prove to be unconscionable. The maxim equity will not aid a volunteer insists that consideration must have taken place for an agreement to have taken place. Equity will only be available to those party to the agreement.[14] This is by no means an exhaustive list of the equitable maxims available, it does, however cover the main establish uncontended maxims. This paper will concentrate on the following two maxims. Equity Imputes an intention to fulfil an obligation and Equity will not suffer a wrong to be without a remedy. These have been chosen due to their intertwined and substantial impact. The Former helped to build an entire ly new area of law; the trust. This has proved very important in all areas of the legal system. This evolved from the antiquated concept of the ââ¬Ëuseââ¬â¢; the abuse of this concept became ever more apparent during the Crusades. The legal title was all that mattered to the courts. This led to grave injustices as the common law refused to recognise anything but the holder of the legal title. The only remedy afforded to it by the common law was that of damages due to a breach of confidence. This did not aggrieve the true owner of the property, as they would still have lost the proprietary interest. The chancellor of the time developed a system that invented the concept of duality of land ownership. This did not interfere with the common law interest it merely complimented them, minimising the risk of injustices occurring. The method adopted was to ensure that honesty and modesty prevailed over unconscionable conduct. Equity Imputes an intention to fulfil an obligation br idged the gap that had been left by inflexible remedies at common law; that of damages. This needed to be addressed by the law as it was creating many instances of unjust verdicts. Equity brought with it a whole new set of remedies. Equity acts very differently than the common law. Equity acts in personam unlike the common law, which acts in rem. Equity will not suffer a wrong to be without a remedy indicates that equity will not allow technicalities to act as a bar to justice. It has evolved to strengthen the defects in the common law system. There are many examples that could be put forward to bolster this papers claims that this is one of the most influential equitable maxims. However, this paper will concentrate on the introduction of equitable remedies. The common law could only recognised the holder of the legal title and not the person for whose benefit he agreed to hold the property. Equity considers the interests of and rights of the beneficial owner. Such remedies ar e numerous, however it is specific performance and injunctions that are the most common and discussed within this paper. This maxim also covers equitable doctrines and how they can help in ensuring justice is done. In this area the two maxims under discussion can be seen to overlap. This makes it very difficult to assess their individual impact upon the law, with regards to this matter. Many of the cases that show this maxim in action are property law cases. This does not mean this maxims influence is limited to this area of law. It is extremely far reaching, encompassing contract and commercial laws. As discussed above the creation of the trust has allowed unconscionable conduct to come under the long arm of the law and prevent wrongs from being committed with the blessing of the legal system. A trust can either be created orally or in writing. There only needs to be (like in contract law) an intention to create. In equity the intention to create a trust in all that is needed . This is discussed in the case Paul v Constance [1977][15] and elaborated upon more recently in the case of Rowe v Prance [1999][16]. The trust developed over the years to have its own set of established rules and precedent. The common law aspects of each case were never in question. Equity is concerned with ensuring that the trustee uses the property for the benefits of beneficiary. In doing this equity imposed upon the trustee a multitude of fiduciary obligations. We can see this in action in the case of Boardman v Phillips[17] in which an extremely strict application of this was applied. This equitable remedy is mostly prevalent within Property and Contract Law. Specific performance is best described as when the court orders a person to perform a specific action. This will only be if the remedies available at Common Law are considered to be of an inadequate nature. For instance, this is illustrated best when a written contract for the sale of land has taken place. If left to the Common Law, one would merely receive damages. It is considered in this instance by the courts that a piece of land is considered to be unique and damages would not compensate the potential purchaser. Failure to comply with an order for specific performance will render the defendant in contempt of court and thus be likely to face criminal proceedings. When applying equitable remedies such as specific performance one must take into account the following; would damages be a suitable remedy, the requirement of mutuality, the exercise of discretion and whether or not the claimant is a volunteer. This important as it prevents wrongs from going unpunished and allows the common law to be flexible without allowing the floodgates to open. The injunction is simply another way in which an action can be prevented or forced. The case of Shelfer v City of London Electric Lighting Co[18]. In this case Smith J sdescribed the principles in which would distinguish which remedy was appropriat e. ââ¬Å"In my opinion, it may be stated as a good working rule that: (i) if the injury to the [claimants] legal rights is small; (ii) and is one which is capable of being estimated in money; (iii) and is one which can be adequately compensated by a small money payment; (iv) and the case is one which it would be oppressive to the defendant to grant an injunction, then damages in substitution for an injunction may be given.â⬠[19] Again it must be proved that Common Law remedies would be inadequate before applying for an injunction of any kind. Since the Chancery Amendment 1858[20] the court has been able to grant damages as an additional remedy if the case proves it fulfils the correct criteria. This is now governed by the Supreme Court Act 1981.[21] Equity Imputes an intention to fulfil an obligation and equity will not suffer a wrong to be without a remedy have established and developed many of the equitable remedies which have found their way slowly in to nearly all as pects of the law. It could be said that the Supreme Court of Judicature Acts 1875 caused this once the two systems of law were merge[22]. It has been argued that at this point the two systems were fused together. Meagher and Gummow describe this assumption as follows ââ¬ËThose who commit the fusion fallacy announce or assume the creation by the Judicature system of a new body of law containing elements of law and equity but in character quite different from its components. The fallacy is committed explicitly, covertly, and on occasion with apparent inadvertence. But the state of mind of the culprit cannot lessen the evil of the offence.ââ¬â¢[23] The restatement in law in this form merely helped to clarify both sets of rules and how they work together in relation to each other. After all if equity follows the law it can not be considered as an entrench part of it. They go on to elaborate further on this later on in their article. The case concluded that ââ¬Ë[The fusion fallacy] involves the conclusion that the new system was not devised to administer law and equity concurrently but to fuse them into a new body of principles comprising rules neither of law nor of equity but of some new jurisprudence conceived by accident, born by misadventure and nourished by sour but high-minded wetnurses.ââ¬â¢[24] When compared the two systems show that they complement each other and together allow the law to provide a more fair and effective legal system. At common law judges have to take into consideration bureaucracy and this proves to be unforgiving and rigid. Unlike the common law equity is more flexible as it allows the judge to base his judgement on consciousness, fairness and moral substance[25]. The influence upon the common law by equity is a complex one. Donovon describes the relationship as ââ¬Ëthe desire of the most well-regarded equity judges has been [to keep] equitable doctrines flexible and responsive, without the oppressiveness of p rocedure and â⬠¦ attempting to keep factual consideration within the realm of principle, equity doctrine has always been certainly more amorphous than that of lawââ¬â¢[26]. The most positive outcome to emerge from the evolution of the equitable maxims is the addition of a flexible component in which judgements could be made. It allowed for the law to be flexible, minimising the risks of unconscionable acts receiving the backing of the law. The impacts of the remedies available if applied have no actual impact on the common law as such. They do have an impact upon the individual claimant. Birks describes the impact of the following equitable remedies as ââ¬Ëweakly discretionaryââ¬â¢[27]. Thus, the impact is dependent upon the exercise of discretion. Equity evolved naturally to ensure that justice is not a victim to common law and will continue to influence the law on a personal level without effecting the status quo for countless years to come. Bibliography Thom pson, MP. ââ¬ËModern Land Lawââ¬â¢. Oxford University Press. 2001 Edwards, R and Stockwell, N. ââ¬ËTrusts and Equityââ¬â¢. Longman University Press. Burn, EH. ââ¬ËTrusts and Trustees. Cases and Materialsââ¬â¢. Butterworths Press. 5th Edition. Spry. ââ¬ËThe Principle of Equitable Remedies, Injunctions, Specific Performnce and Equitable Remedies.ââ¬â¢ Sweet and Maxwell. 3rd Edition 1984. Thomas, M. ââ¬ËBlackstones statutes on Property Law ââ¬â 2006 ââ¬â 2007ââ¬â¢. Blackstones Press. 14th Edition. A Beever. ââ¬ËAristotle on Equity, Law and Justiceââ¬â¢ 10 Legal Theory 33 Waters, D. ââ¬ËThe Future of the Trust From a Worldwide Perspectiveââ¬â¢. 11 ITCP 4(199). 2004 Birks, P ââ¬ËRights, Wrongs and Remediesââ¬â¢. 2000 OJLS 20(1). Burrows, A. ââ¬ËWe Do This at Common Law But That In Equityââ¬â¢ 2002 OJLS 22(1). Pawlowski, M. ââ¬ËBuilding in Breach of Covanent: Injunction or Damages?ââ¬â¢ 154 NLJ 1896. 2004. 1 Footnotes [1] Dudley v Dudley (1705) Pr Ch 241 [2] Earl of Oxfords Case (1615) 1 Rep Ch 1. [3] Per Lord Ellsemore LC. Earl of Oxfords Case (1615) 1 Rep Ch 1 [4] This is when the court demands a specific act must take place. This will more often than not involve a previously agreed action. [5] The cancellation by the court of a contract with the intention of placing the parties involved into a position akin to that as if the contract had never existed. [6] A judicial order restraining an action from taking place, or to enforce action. [7] A Beever. ââ¬ËAristotle on Equity, Law and Justiceââ¬â¢ 10 Legal Theory 33 at 35. [8] ibid [9] Ibid [10] Howe v Lord Dartmouth cited in Edwards, R and Stockwell, N. ââ¬ËTrusts and Equityââ¬â¢. Longman University Press at 34. [11] AG for Hong Kong v Reid [1994] 1 All ER 1. [12] Cross v Cross (1983) 4 FLR 235. [13] Dering v Earl of Winchester (1787) 1 Cox 318. [14] Edwards, R and Stockwell, N. ââ¬ËTrusts an d Equityââ¬â¢. Longman University Press. [15] Paul v Constance [1977] 1 WRL 527 [16] Section 53 (1)(b) of the Law of Property Act 1925. [17] Boardman v Phillips 1967] 2 AC 46 [18] Shelfer v City of London Electric Lighting Co. [1895] 1 Ch D 287 [19] Pawlowski, M. ââ¬ËBuilding in Breach of Covanent: Injunction or Damages?ââ¬â¢ 154 NLJ 1896. 2004. [20] Thomas, M. ââ¬ËBlackstones statutes on Property Law ââ¬â 2006 ââ¬â 2007ââ¬â¢. Blackstones Press. 14th Edition. [21] The Law Of Property Act 1925. Section 50. [22] Thomas, M. ââ¬ËBlackstones statutes on Property Law ââ¬â 2006 ââ¬â 2007ââ¬â¢. Blackstones Press. 14th Edition. [23] R. P. Meagher, W. M. C. Gummow and J. R. F. Lehane, Equity, Doctrines and Remedies (3rd edn, 1992) at para 221 in Burrows, A. ââ¬ËWe Do This at Common Law But That In Equityââ¬â¢ 2002 OJLS 22(1). [24] Ibid. [25] Ibid. [26] Waters, D. ââ¬ËThe Future of the Trust From a Worldwide Pers pectiveââ¬â¢. 11 ITCP 4(199). 2004. [27] Birks, P ââ¬ËRights, Wrongs and Remediesââ¬â¢. 2000 OJLS 20(1).
Wednesday, May 6, 2020
Benito Cereno Free Essays
The Razor In ââ¬Å"Moby Dick,â⬠by Herman Melville, he writes about multiple gams between Captain Ahabââ¬â¢s ship, the Pequod, and other ships, yet because of Ahabââ¬â¢s selfishness, these meetings do not last a while unless there is information to be gathered about Moby Dickââ¬â¢s whereabouts. This differs from Melvilleââ¬â¢s novella, or short story, ââ¬Å"Benito Cereno,â⬠in which Captain Delanoââ¬â¢s ship, the Bachelorââ¬â¢s Delight, have a gam with Benito Cereno and his ship, the San Dominick. We see a major difference in how Ahab acts and how Captain Delano acts in their meetings with other ships because of Delanoââ¬â¢s willingness to help, but this good trait of his is what makes ââ¬Å"Benito Cerenoâ⬠such a good story. We will write a custom essay sample on Benito Cereno or any similar topic only for you Order Now He continually tosses hints of a slave revolt on San Dominick to the side because of he gives the benefit of the doubt to Benito Cereno. Some of these rebellion hints include the captives, or slaves, being free from chains, and slaves slashing axes together. The biggest hint though is the razor that Babo shaves Benito Cereno. The razor is very important in this novella because it ties the entire story together as well as signifies multiple things such as power and fear. The razor symbolizes power, and even perhaps the balance of powers, because this is the first instance in which Babo, one of the slaves onboard the San Dominick, shows his dominance over Benito Cereno by keeping the razor close to Cerenoââ¬â¢s neck and eventually cutting his cheek. When this ââ¬Å"accidentâ⬠happens, we hear no apology from Babo, only, ââ¬Å"See master- you shook so- hereââ¬â¢s Baboââ¬â¢s first blood,â⬠(Melville, p210), which shows that he might have meant to cut Cereno, but also that Babo is willing to make Cereno, and perhaps the rest of his oppressors, bleed more. This is important because Babo draws the first blood and the balance of power is possibly beginning to change through harming Benito Cereno physically and mentally. Although the razor represents power, it also represents the other side of the coin, being fear. Because Babo holds down Benito Cereno with a razor to his throat, Cereno knows he is in Baboââ¬â¢s full control. This evokes a fear from Cereno, knowing that his life could potentially be at stake, especially since Captain Delano is oblivious to the fact that the San Dominick has been taken over by the captured slaves. Not only do we see fear while the razor is close to Cerenoââ¬â¢s throat, but when Babo cuts him, we see him become very frightful of what might happen. Melville writes,â⬠No sword drawn before James the First of England, no assassination in that timid kingââ¬â¢s presence, could have produced a more terrified aspect than was now presented by Don Benito,â⬠(Melville, p 210) which shows that Cereno is scared that he might be killed, but yet is still frightened of the little blood of his that Babo spilled. Fear plays a major role in ââ¬Å"Benito Cerenoâ⬠because of the fact that Don Benito has already experienced the slave revolt on the San Dominick, and could be killed momentarily if he makes one mistake. The razor keeps him in line during his conversation with Captain Delano because he fears what Babo could do to him if he makes one mistake. The razor not only symbolizes the balance of power as well as evil, but it is also meaningful in ââ¬Å"Benito Cerenoâ⬠because it ties the entire story together. First off, because the razor symbolizes power, we can relate this to Senegal, the place that Babo and the rest of the slaves are forcing Cereno to sail to for their freedom, back to their rightful home. This place could also be considered weak because of the people that are forced from their homes into the slave trade, and now the balance of powers is shifting. At one point during this journey, Benito Cereno was in full control of the slaves, bringing them to Lima, but now, Babo and the slaves that once lost their humanly rights, are now in control over the man who kidnapped them. The razor signifies this changing of power because in that scene we see that Babo is holding it to Cerenoââ¬â¢s neck and not vice versa. Just like above, the razor to the neck of Don Benito signifies fear, but can also be connected to Cape Horn, which represents suspicion and lies. Fear and Cape Horn can be connected to one another because not knowing what something, or someone, might be can be frightening. As basic as this may sound, it is true because Cereno fears what Babo might do to him next, after cutting his cheek with the razor. As little as the razor may be, it plays a big role metaphorically and literally. The razor is obviously used by Babo to shave Cereno, and while doing this, Babo cuts Cereno, asserting his control and putting fear into his enemy. The razor completes the story of ââ¬Å"Benito Cerenoâ⬠because without it, blood would not be spilled, showing the slavesââ¬â¢ newly acquired dominance over their oppressors, which is best shown with a razor to the neck. How to cite Benito Cereno, Essay examples
Thursday, April 30, 2020
Reflective Essay Essays (1119 words) - Contemporary Christian Music
Reflective Essay My beeper goes off and I'm called to the school office. I'm told that I'm supposed to be taken to St. Louis in a helicopter as fast as humanly possible. This was the day that would change my life forever.... and I didn't even know it. I was the only child in the Jr. high that wore a beeper, some kids thought it was weird and some thought I was I lucky that I even got to wear a one. I didn't think I was so lucky, the reason I had happened to be wearing this pager was because my mother was dying. My mom had a rare disease that attacked her lungs, much like cigarettes deteriorate your lungs, but a hundred times worse. This disease was called Alpha-1 Antitripsin Diffisionsy. I had never known my mother to not be so sick. Ever since then we have to stop every few feet in the mall so my mom can even catch her breath. This pager going off meant that my mother could have a chance to live long enough to see me grow up a little. For the next three years my family went through hell and back aga in, and I'm about to tell you how that huge part of my life has made me who I am today. We arrived at St. louis Barnes Hospital early that afternoon. When we go there they rushed my mom in for prepping, we got to say a short goodbye not knowing if we would see her again. The surgery lasted eight hours, eight hours that we knew basically nothing. That whole eight hours lasted forever, and sleeping on waiting room couches didn't help much. After the long awaited eight hours, we heard that she was in Intensive care and that we could relax a little now. Knowing that we got a Morgan 2 hotel room and stayed the night. Life after that night went so fast from then on. In one single day I went form going to school with my friends to a helpless mom in a town I had never seen before, feeling all alone. The next day we got an apartment set up and school lined up so my sister and I wouldn't fall behind. My parents were all about keeping us in check with our education so we could grow up and make something of ourselves. Through out the next three years many great and horrible things happened. My mom came out of the surgery in good pretty good shape, for the next three months, the only way I could see my mom was if I scrubbed up and put on rubber gloves so as not to infect my mom in any way. During those three years I didn't get to see much of my parents, they were always gone. They were either at the hospital or either at the hospital. It went from drastic change of being momma's boy to raising yourself in the slums of St. louis by yourself in seventh grade. If you could think it, it went wrong in St. Louis. Some of the things you wouldn't even think off, for instance, There was a man shot in the head while driving his car just down the street from me. The sad thing is that his family was watching on , and I will never get that picture out of my mind no matter how long I live. Death seemed to surround us down there. Only being around transplant patients didn't help much either. I met a boy a little younger than me at the time whom was waiting for a heart and lung transplant. His name was Dave, one of the quietest most nice guys you could ever meet. He would give everything up just to make someone else happy. Well I knew dave for about a year and then he started to go down hill, slowly I noticed it was harder for him to go anywhere, he couldn't even stay past nine anymore. I woke up one day and went to school as normal, I knew dave was going in for check ups that day, but when I got home I found out that dave had passed away
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