Sunday, January 19, 2020
The Merchant of Venice by William Shakespeare Essay -- Merchant of Ven
The Merchant of Venice by William Shakespeare The character Shylock was a stereotypical Jew of his time, and as Jews were generally unpopular, the audience would have been automatically prejudiced against him. In Shakespeare's time, Jews were not treated well at all. This was because they were a minority group, as they had been previously banned from the country by Edward I unless they were willing to become a Christian. But, in large European cities, like Venice there was a large Jewish population. As these cities relied on trade, the authorities encouraged Jews to become moneylenders. This was because the Christian law, which forbade money lending for profit, did not apply to them. Moneylenders were not popular, because up until 1571 it had been illegal to receive interest on lent money, and even after that, although legal (it became vital for trade), it was considered a sin. Many moneylenders charged high rates of interest, even though the legal rate was 10 percent, as people were willing to pay more, and some became very rich. Before Shakespeare wrote The Merchant of Venice, his friend, the playwright Marlowe wrote a play about a Jew, which became very successful. This may have influenced Shakespeare to write a play on a similar theme. Also, in 1594 the Jewish doctor, Roderico Lopez, supposedly tried to kill Queen Elizabeth. Even though he was probably innocent, he was charged guilty and was executed. Because this case was much talked about, the dislike of Jews was a present issue and the audience would have been able to relate to the play and understand how the Christian characters in the play would treat Shylock. One of t... ...an accent. This singles him out and shows he is an outsider. At the beginning of the court scene, when the Duke is talking to Shylock, he says: "We all expect a tender answer Jew." In the production set in the 1920's, the Duke puts huge emphasis on the word 'Jew', showing he dislikes Shylock, although he was asking him to be generous and let Antonio go. At the end of the court scene, after Shylock has been forced to become a Christian, he throws down his skullcap onto the scales. Even though the scales were originally there to weigh Antonio's flesh, they now represent the scales of justice, and Shylock is making a very powerful point that what has been done to him is completely unfair. This happens just after Shakespeare has changed the audience's opinion of Shylock, and adds to the pity that they feel for him.
Saturday, January 11, 2020
Study Questions 4
Lesson 1 (3. 0 points) 1. What is credit? (0. 5 points) The ability to obtain goods or services before payment, based on the trust that payment will be made in the future: ââ¬Å"unlimited creditâ⬠. | | | 2. What is a credit score? (0. 5 points) Your credit score is a three-digit number generated by a mathematical algorithm using information in your credit report 3. What is installment credit? (0. 5 points) a loan repaid with interest in equal periodic payments. 4. What is revolving credit? (0. 5 points) Credit that is automatically renewed as debts are paid off. . What is noninstallment credit? (0. 5 points) Non-installment credit refer to a system of credit that is payable in one lump-sum amount by a specified date 6. Name at least one section of a credit report. (0. 5 points) lenders Lesson 2 (3. 0 points) 1. Name at least one of the steps in establishing credit. (0. 5 points) Incorporate your business. 2. Name at least one alternate option to establishing credit if you are u nable to get a credit card yet. (0. 5 points) Get a secured credit card. 3. What is debt services default? 0. 5 points) When an individual, company or sovereign nation borrows money, there are usually legal obligations that have been set out in a debt contract 4. What is the Better Business Bureau? (0. 5 points) A Better Business Bureau (BBB) is a private, nonprofit organization that provides services and programs to assist consumers and businesses 5. What is a debt settlement program? (0. 5 points) is an approach to debt reduction in which the debtor and creditor agree on a reduced balance that will be regarded as payment in full. 1] 6. What is bankruptcy? (0. 5 points) The state of being bankrupt: ââ¬Å"many companies were facing bankruptcyâ⬠; ââ¬Å"bankruptcy proceedingsâ⬠. Lesson 3 (3. 0 points) 1. What is an annual percentage rate? (0. 5 points) the rate, for a payment period, multiplied by the number of payment periods in a year. 2. What is an annual percentage yie ld? (0. 5 points) The effective annual rate of return taking into account the effect of compounding interest. APY is calculated by 3. Name at least one advantage of credit cards. 0. 5 points) Offer free use of funds, provided you always pay your balance in full, on time 4. Name at least one disadvantage of credit cards. (0. 5 points) Cost much more than other forms of credit, such as a line of credit or a personal loan, if you don't pay on time. 5. If you take out a $1,000 loan for college at 7% interest, what is the principal? (0. 5 points) $1000 6. What is a loan? (0. 5 points) A thing that is borrowed, esp. a sum of money that is expected to be paid back with interest.
Friday, January 3, 2020
In Stevensonââ¬â¢S Dr. Jekyll And Mr. Hyde, He Begins To Question
In Stevensonââ¬â¢s Dr. Jekyll and Mr. Hyde, he begins to question what exactly is the self and what do our deepest desires say about human nature. He is able to discuss these issues by completely separating the good-natured protagonist, Dr. Jekyll, from the evil thing inside of you, Mr. Hyde. And in doing so, the reader can freely compare the two without the uncomfortable realization that they indeed are the same person. He is able to have this distinct separation through appearances, behaviors, and the method in which they use to transform. But, what might go over the readerââ¬â¢s head is the ambiguous line of control between the two, the shared memories when they are the ââ¬Å"other oneâ⬠, which therefore leads you to conclude that might still be theâ⬠¦show more contentâ⬠¦For example, the first time you meet Mr. Hyde, the first event to even happen in the novella, is him having trampled a little girl, ââ¬Å"The two ran into one another naturally enough at the c orner; and then came the horrible part of the thing; for the man trampled calmly over the childââ¬â¢s body and left her screaming on the groundâ⬠(7). This sets the mood for the entire direction of the novella and how you are supposed to perceive Mr. Hyde right off the bat. He unnecessarily is seen stomping on a girl, which elicits quite a passionate response from all the surrounding people. The women ââ¬Å"were as wild as harpiesâ⬠(7), the ââ¬Å"peacefulâ⬠doctor is wishing for his death, ââ¬Å"he was the usual cut and dry apothecary, of no particular color or age [...] turn[ed] sick and white with desire to kill himâ⬠(7). And as the reader, you agree, Mr. Hyde is a horrible person. So, when you finally meet Dr. Jekyll and you know that he has some associations with him, you want to discredit it and not believe it. Not the virtuous Dr. Jekyll. This is further seen, when Dr. Jekyll keeps trying to right Mr. Hydeââ¬â¢s wrong-doings. Dr. Jekyll is now se en as this saving grace, trying to keep the world safe from Mr. Hyde. So at the very end when you read Jekyllââ¬â¢s letter, of how he saw no other solution but to kill himself in order to kill Hyde, it was heroically in your eyes. This is an importantShow MoreRelatedLiterary Analysis of The Strange Case of Dr. Jekyll and Mr. Hydeâ⬠by Robert Louis Stevenson1530 Words à |à 7 Pagesin the 1800ââ¬â¢s during the Victorian era in this novel. As the story unfolds in the classic literature novel, ââ¬Å"The Strange Case of Dr. Jekyll and Mr. Hydeâ⬠written by Robert Louis Stevenson, the magnificent city of London becomes a darker and mysterious location. The powerful city of London embodied the freedom and solitude required for the antagonist of the story, Mr. Hyde to hide his wicked behavior from the society as a whole. According to the history of the Victorian age, ââ¬Å"Traditional ways of lifeRead MoreDr Jekyll And Mr Hyde Analysis1709 Words à |à 7 Pagesnovella, the Strange Case of Dr. Jekyll and Mr. Hyde, Stevenson is able to explore his interests concerning the dark, hidden desires that all human beings are guilty of possessing. In his story, a well-respected professional by the name of Dr. Jekyll experiments with the idea of contrasting personalities and successfully undergoes a physical separation of such identitiesââ¬âone which would soon wreak havoc upon his very existence. As a result of his success, Edward Hyde is born. Hyde, characterized as a minisculeRead MoreDr. Jekyll And Mr. Hyde1348 Words à |à 6 Pagesmore creative interpretation of the original text. Victor Flemmingââ¬â¢s 1941 adaptation of Robert Louis Stevensonââ¬â¢s Dr. Jekyll and Mr. Hyde brings two new female characters to the screen, adding to the duality of the story. The women, Beatrix an Ivy, are opposing figures: Beatrix being Jekyllââ¬â¢s pure and loyal fiancà ©e, and Ivy a strong-willed sexual icon. In this 1941 adaptation of Dr. Jekyll and Mr. Hyde, the characters Ivy and Beatrix are not only important allegorical catalysts, but also portray theRead MoreThe Strange Case of Dr. Jekyll and Mr. Hyde1147 Words à |à 5 PagesIn the Strange Case of Dr. Jekyll and Mr. Hyde it is regarded that these identities are two different persons but this is not the case, Dr. Jekyll and Mr. Hyde are one in the same. There is much confusion when reading this literary work by Robert Louis Stevenson; this piece is regarded as horrific and disturbing in many ways. But the biggest twist is when it is reveled to the reader that these two people are the same and that below the surface of Dr.Jekyll is an evil man who enjoys committing evilRead MoreJekyll And Hyde Dualism Essay1315 Words à |à 6 PagesOne of the most important from the Victorian Gothic Era would be ââ¬Å"The Strange Case of Dr. Jekyll and Mr. Hyde.â⬠This novella deals with many themes that intertwine together to form a complex idea of dualism. It has aspects from personal ity division and the ultimate question of how good and evil can tie into Victorian societyââ¬â¢s view of public and private life. Stevenson the personalities of Dr. Jekyll and Mr. Hyde, with evil and good aspects as well as the public and private life to demonstrate a clearRead MoreHow Good and Evil Are Portrayed in the Strange Case of Dr. Jekyll and Mr. Hyde ( Not Finished Completely)852 Words à |à 4 PagesThe Strange Case of Dr. Jekyll and Mr. Hyde In the novel ââ¬ËThe Strange Case of Dr. Jekyll and Mr. Hydeââ¬â¢ Robert Louis Stevenson explores humankinds conflicting forces of Good and Evil. Through the central characters and the key theme of the duplicity of mankind Robert Louis Stevenson successfully portrays the theme of Good and Evil in the novel ââ¬ËThe Strange Case of Dr. Jekyll and Mr. Hyde. In the novel good is portrayed by Henry Jekyll and Gabriel Utterson. Mr. Utterson is a London lawyer and anRead MoreMovie Adaptations of Robert Louis Stevensonà ´s Dr. Jekyll and Mr. Hyde2650 Words à |à 11 Pages amp;#9;Robert Louis Stevensonââ¬â¢s Dr. Jekyll and Mr. Hyde has evolved into one of the most acclaimed pieces of literature in modern American society. One aspect of a continual spark of interest with the novel is motion pictures. Various directors through the years have interpreted the book through their own eyes and the following is a depiction of that. One might question Dr. Jekyll and Mr. Hydeââ¬â¢s overwhelming success. Theme restaurants, Broadway shows and movies all have indicated a public interestRead More Good and Evil in The Strange Case of Dr. Jekyll and Mr. Hyde by Robert Louis Stevenson4276 Words à |à 18 Pagesand Evil in The Strange Case of Dr. Jekyll and Mr. Hyde by Robert Louis Stevenson Throughout the story of ââ¬Å"The Strange Case Dr Jekyll and Mr Hydeâ⬠, the author, Robert Louis Stevenson, presents his idea of the duality of man- where we all have a dark, wicked side within us, where evil is held in waiting to surface, but we hide it away, we pretend it does not exist, and we keep it tame. He presents this idea by using two protagonists, Dr Jekyll and Mr Hyde, who are actually the same personRead MoreIdeas Of Good And Evil Follow From The Earliest Of Days.847 Words à |à 4 Pages Robert Louis Stevensonââ¬â¢s parents lived devout in their Christianity, but Stevenson did not follow their ideas. G.B. Stern suggests that ââ¬Å"Although he had rejected the Calvinist doctrines his parents taught him, the focus of the interplay of good and evil continued to influence his imaginationâ⬠(Stern). Stevenson forced his parents away, but their ideas stayed in his thoughts and even affected The Strange Case of Dr. Jekyll and Mr. Hyde. His past affected his writing even though he rejected it, goodRead MoreRepression and Hypocrisy in the Strange Case of Dr Jekyll and Mr Hyde1898 Words à |à 8 PagesPenny Fielding highlights his point of view on Robert Louis Stevensonââ¬â¢s Strange case of Dr. Jekyll and Mr. Hyde that the novel paints ââ¬Ëa damning portrait of society defined by repression and its ine vitable twin, hypocrisyââ¬â¢. Fielding also insists later that the relation between repression and hypocrisy is one theme of this novel that cannot be overlooked. This opinion can be approved of a truth after reading the novel. Repression and hypocrisy run through the whole story which reflect on descriptions
Thursday, December 26, 2019
The Film Precious by Lee Daniels Essay - 1002 Words
When you think of the word ââ¬Å"povertyâ⬠or ââ¬Å"poorâ⬠what comes to mind? Some think of hunger, minorities, dirty areas, women, and homeless people. What about when you hear the term ââ¬Å"abuseâ⬠? For most people, abuse means physical; getting beat up or hit. Although abuse can mean getting beat up or hit, there is far more that follows. Abuse can take on many forms like physical, emotional or sexual. The film Precious by Lee Daniels, based on the novel Push by Sapphire, encounters not only the obvious sexual abuse but physical and emotional abuse as well. Precious starts off with Claireece Precious Jones, played by Gabourey Sidibe, at her school in Harlem. She is called to the office because the principal has found out she is pregnantâ⬠¦Again. Kickedâ⬠¦show more contentâ⬠¦These stereotypes are very disadvantaging to the African American race because they are putting out messages that you have to look a certain way to be attractive. Although this film is disadvantaging to many people, it is also very beneficial. I think people that come from the lower class or an abusive household can really benefit from this film. The main point of this film is to show people that you can achieve anything you want to do no matter what background you come from, and although it might be hard because of economical/ personal issues you are not less of a person than anyone and you can still be successful. I love the idea of success because it doesnââ¬â¢t really have a set definition. You donââ¬â¢t necessarily need money to be/feel successful. You can work at Subway and still be successful while a twelve time Oscar winning actor can be successful. You sort of carve out your own success and make your own definition for it. This movie will also teach people that they are not on their own. Although you might think nobody is there for you, when you enter a room you donââ¬â¢t know what everyone is thinking or how everyone feels; you might now even know everyone. It is kind of like when youââ¬â¢re putting together a puzzle, you put certain pieces together and you get closer to finishing and you just need to keep trying to solve the puzzle because if you give up you just wasted your money on a puzzleShow MoreRelatedEssay about Precious: The Film1410 Words à |à 6 PagesThe 2009 film directed by Lee Daniels, Precious: Based on the Novel Push by Sapphire, tells a story about the life of a 16-year-old, Claireece ââ¬Å"Preciousâ⬠Jones, who grew up in Harlem during the late 1980s. Precious lives a life that includes many sociological issues that have unarguably caused her great pain throughout her young life. Having endured poverty, sexual abuse, and verbal abuse her life has been far from perfect, but she realizes the need to defeat these negative sociological factors toRead MoreGender Stigma Behind The Hiv And Aids Epidemic Essay1717 Words à |à 7 Pagesthat to have AIDS was only a ââ¬Å"gay thing â⬠back in the 1980ââ¬â¢s, which it is not. To this day, it influences many of our elders or parents that lived during the 1980ââ¬â¢s that witnessed the huge outbreak. If we look at the show called Empire created by Lee Daniels and Danny Strong in the episode called ââ¬Å"The Creative Dilemmaâ⬠we will find it to be a stigma referring back to the 1980ââ¬â¢s HIV and AIDS epidemic. In this episode, Lucious Lyon, portrayed by Terrence Howard, is arguing with his gay son Jamal LyonRead MorePrecious Based on the Novel Push by Saphire Analysis1368 Words à |à 6 PagesJaclyn Butler 04/24/2012 Intracultural Communications Professor Brook Film Analysis on 2009ââ¬â¢s ââ¬Å"Preciousâ⬠Analyzing a dynamic film like the 2009 ââ¬Å"Preciousâ⬠is difficult. The movie got a lot of praise for the acting and the story that was portrayed but it also got a lot of heat from the race that was portrayed in the movie. African Americans nationwide said the movie made their African American ghettos into a sexually incest ridden, classless society and didnââ¬â¢t properly show any of the positiveRead MoreArt in Raw Form1434 Words à |à 6 Pagescontroversial issue. ââ¬Å"The Blind Sideâ⬠and ââ¬Å"Preciousâ⬠are two movies that I was very surprised at my reaction to them. My reasons for wanting to see both movies were as different as night and day. I went to see the ââ¬Å"Blind Sideâ⬠because it is based on a true story and Sandra Bullock is the leading lady. Yet, ââ¬Å"Preciousâ⬠doesnââ¬â¢t have a famous leading lady, but the previews were so intense and so realistic that it pulled me in. ââ¬Å"The Blind Sideâ⬠and ââ¬Å"Preciousâ⬠are movies about over-weight, illiterate,Read MoreEssay about Precious Movie Review1310 Words à |à 6 PagesPrecious Summary The film Precious directed by Lee Daniels is a solemn movie dealing with the unfortunate truths of everyday life for some individuals. The film staring Gabourey Sidibe who plays the main character Clarice ââ¬Å"Preciousâ⬠Jones along with co-stars Mariah Carey and Leni Kravitz is based in the Ghetto of Harlem in the year of 1987. Precious is a sixteen year-old illiterate morbidly obese teenager whom has grown up in the Ghetto of Harlem in a dysfunctional family. Her mother Mary verballyRead MoreThe Final Project : Being Black Essay1674 Words à |à 7 PagesHollywood has long been criticized for its depiction of the black experience in America, it has come a long way since Margaret Mitchellââ¬â¢s 1939, Gone With the Wind and the highly controversial and explicitly racist 1915 film, The Birth of a Nation (Griffith, 1915). Both of these films have become landmark classics and contain artistic elements and filming techniques that are still used today. Movies and television ha ve become more diverse but Hollywood still has its detractors. In 2014, 12 YearsRead MoreFilm Analysis Of The Movie Precious2252 Words à |à 10 PagesThe movie Precious is based on the adaptation of the book Push written by Sapphire. Though the story is a fiction based life of Claireece Precious Jones it is far from reality for many young women. Growing up in an environment that is filled with emotional, verbal, physical and sexual abuse along with crime infested neighborhoods and overcrowded public school and many other factors that pose a lot of challenges for a young girl in the inner city. Though the odd is against Precious she provesRead MorePrecious Lee Daniels1798 Words à |à 8 Pages In the movie ââ¬Å" Precious ââ¬Å" by Lee Daniels, Gabourey Sidibe plays a sixteen years old, illiterate and overweight girl name Precious, who lives in Harlem, New York. She lives with her mother Mary Jones, who was entropic and abusive to her. The abuse and oppression was so traumatic for Precious, she would often dissociate herself from the situation and pretend to be someone else. Losing track of time, her situation and herself was her coping mechanism; throughout the movie it appeared that sheRead MorePrecious Final Paper1864 Words à |à 8 PagesThe movie Precious is a 2009 American drama film directed by Lee Daniels. Precious is an adaptation of the 1996 novel ââ¬Å"Pushâ⬠by Sapphire. The film stars Gabourney Sidibe, Mariah Carey, Moââ¬â¢Nique and Paula Patton. The film takes place in Harlem in 1987 where an obese, 16 year old female named Claireece P. ââ¬Å"Preciousâ⬠Jones lives in a Harlem ghetto with her dysfunctional and abusive mother Mary. The f amily resides in a Section 8 tenement and subsists on welfare. Precious has been ââ¬Å"invisibleâ⬠to theRead MoreAnalysis Of I Would Like About Tyler Perry Whose Career Has Been Guided By His Faith2562 Words à |à 11 Pagesplays and films certainly resonates within the African American community who continue to find his work inspirational and entertaining. His characters may have flaws, but they are all redeemed no in some way at the storyââ¬â¢s conclusion. Perry is unapologetic about the themes that characterize his work, ââ¬Å"If you donââ¬â¢t want my God here, you donââ¬â¢t want me here either. God has been too good to me to go and try to sell out to get some money.â⬠To Perryââ¬â¢s delight, his next project, the film Diary of a
Wednesday, December 18, 2019
Disease, Particularly the Plague, Was the Most Important...
Disease, particularly the plague, was the most important factor in determining medieval, and/or early modern population levels, discuss. There were many different factors which contributed to the rise and fall of population levels during the medieval and early modern period. No doubt one of the most catastrophically devastating limitations to the population on record in the medieval times was that of the Black Death in 1348 to 1350. However, famines were another common cause of population decline, and because of their impact on fertility, it could be argued that they were an even bigger check on population growth than mass deaths from disease in the same period. It is important to note that natural disasters and other limitations areâ⬠¦show more contentâ⬠¦With the population being cut to far less than a third of its original number, I would argue that disease, and most specifically the plague, played an extremely important role in determining medieval population levels; especially during the fourteenth century when it was so virulent. However, we should not underestimate the ability for the population of a cou ntry to recover, even after such a catastrophe. Following the Black Death there was more land (as previous tenants had died) for fewer peasants, who no doubt benefitted significantly from these economically favourable conditions. This led to a general increase in living standards, and ability for people to marry younger, and therefore have and provide for more children. For example, the records show that more marriages took place in Halesowen in the years immediately following the Black Death, than in any other three-year period throughout the rest of the 1300s. This is just one example, but the situation is likely to have been similar across the country. At this time marriage was primarily for procreation, and so this surge in marriages would almost undoubtedly have resulted in a subsequent rise in birth rates which would lead to an increasedShow MoreRelatedInstitution as the Fundamental Cause of Long Tern Growth39832 Words à |à 160 PagesBerkeley, CA 94720 1 1.1 The question Introduction The most trite yet crucial question in the ï ¬ eld of economic growth and development is: Why are some countries much poorer than others? Traditional neoclassical growth models, following Solow (1956), Cass (1965) and Koopmans (1965), explain diï ¬â¬erences in income per capita in terms of diï ¬â¬erent paths of factor accumulation. In these models, cross-country diï ¬â¬erences in factor accumulation are due either to diï ¬â¬erences in saving rates (Solow)Read MoreOne Significant Change That Has Occurred in the World Between 1900 and 2005. Explain the Impact This Change Has Made on Our Lives and Why It Is an Important Change.163893 Words à |à 656 PagesHistory and September 11th John McMillian and Paul Buhle, eds., The New Left Revisited David M. Scobey, Empire City: The Making and Meaning of the New York City Landscape Gerda Lerner, Fireweed: A Political Autobiography Allida M. Black, ed., Modern American Queer History Eric Sandweiss, St. Louis: The Evolution of an American Urban Landscape Sam Wineburg, Historical Thinking and Other Unnatural Acts: Charting the Future of Teaching the Past Sharon Hartman Strom, Political Woman: FlorenceRead MoreCrossing the Chasm76808 Words à |à 308 Pagesexpress written permission of PerfectBoundâ⠢. PerfectBound â⠢ and the PerfectBoundâ⠢ logo are trademarks of HarperCollins Publishers. Adobe Acrobat E-Book Reader edition v 1. October 2001 ISBN 0-06-018987-8 The original hardcover edition of this book was published in 1991 by HarperBusiness, a division of HarperCollins Publishers. 10 9 8 7 6 5 4 3 2 1 To Marie Contents PREFACE TO THE REVISED EDITION FOREWORD ACKNOWLEDGMENTS PART I Discovering the Chasm INTRODUCTION If Bill GatesRead MoreLogical Reasoning189930 Words à |à 760 PagesNoncommercial You may not use this work for commercial purposes (for example, by inserting passages into a book that is sold to students). (3) No Derivative Works You may not alter, transform, or build upon this work. An earlier version of the book was published by Wadsworth Publishing Company, Belmont, California USA in 1993 with ISBN number 0-534-17688-7. When Wadsworth decided no longer to print the book, they returned their publishing rights to the original author, Bradley Dowden. The current
Tuesday, December 10, 2019
The boundaries of the Criminal Law
Question: Describe about a Report of The boundaries of the Criminal Law? Answer: Introduction Under the English Legal System, non-fatal offences against the person are defined to be such attacks which a person is subjected to, not leading to the death of the person concerned. No fatal offences have been dealt with under the Offences against the Person Act, 1861. The Law Commission has widely criticized the non-fatal offences against the persons. The main points of criticism were; that the language that has been used in the said legislation is obscure, complicated and outdated; that the offence have not been properly structured and also that Sections 18, 20 and 47 must be repealed, and new provisions must be introduced. In the paper Law Commission Reform of Offences against the Person: A Scoping Paper, the Law Commission has examined the present law and the problems associated therewith. Apart from analyzing the issues, this paper also provides suggestions for future reforms. The purpose behind this paper is to make the law suitable for the 21st century. Primarily this paper h as insisted on creating a structured hierarchy of the offences and also simplifying the language of the statute. In this paper, we will analyze and discuss the suitability of the present laws dealing with non-fatal offences against the person. Language From my analysis, I would say that The Offences against the Persons Act, 1861 (also referred to as the Act) has not clearly provided the definitions of important phrases and words which have been derived their meaning primarily from case laws over the years. Maliciously The courts are giving different meanings to the terms every time they have to interpret its meaning. This has lead to a lack of proper decision making. For instance, in both sections 18 and 20 the term maliciously' has been used but the said term has not been defined in the Act. In the case of Cunningham, 1957 the courts have interpreted maliciously' as meaning recklessly' which happens to be an extension of the modern meaning of the term, i.e., bad intention. The term maliciously' under Section 20 means mens rea. However, this meaning of the term becomes unnecessary when applied to the provisions of Section 20 as mens rea with intention. Assault and Battery The terms assault' and battery' ought to have been all the more clear and unambiguous because these terms are the elements of various other offences. But great confusion arises as to the precise meaning of the term assault' as the statute uses the term common assault'. This is an inclusive term and includes the definitions of both, assault and battery. Thus, there is no clear and precise definition of the terms assault' and battery' despite being an important term of the statute. Inflict' and Cause' These two terms have been used quite a number of times in the statute. For instance, under Section 20 the phrase used is inflict any grievous bodily harm' whereas under Section 18 uses the phrase causes any grievous bodily harm'. Earlier the courts interpreted that the meaning of inflict' is much narrow as compared to cause' and the existence of assault or battery is essential. However, later in the case of Burstow, 1997 it has been established that both the terms inflict' and cause' bear similar meaning and the existence of battery or assault. This wide interpretation of the term has been subjected to criticism as it permits the imposition of liability on a person under the provisions of Section 20 in cases the defendant is not sufficiently at fault in order to be held liable for the said offence. Wound The term wound' has not been defined under the provisions of the Act. However, in the case of LCC v. Eisenhower court has given the term the meaning of breaking of skin. However, this meaning of the term is not conducive to the general understanding of the term. If we understand the term by the said meaning, then it would render an injury caused to an individual by a pinprick to be an offence under the provisions of Section 20 of the Act. Thus, there arises difficulty in interpreting the term. A lot is left in the hands of the judiciary in such a case. Outdated The Act has been enacted almost 150 years ago, and major issues arise when we intend to apply the provisions of the Act in the present times. Generally, legislations are enacted keeping in view the existing situations and circumstances of the society. The situations and circumstances prevailing at the time when the Act was enacted are very different from the ones prevailing at present. The Act must be updated in order to make it fit for dealing with the new circumstances prevailing in the society. The social issues and concerns that are relevant today are not reflected in the Act. Society has undergone major changes ever since the enactment of the Act. Today the judicial officers are required to interpret the laws with better understanding as the laws have to be applied to wholly new technologies cause there has been great changes in the mindset of the offender and modes of commission of the offences. For instance, the term bodily harm' has been used under Sections 18, 20 and 47 of t he Act. However, the aspect of the probability of psychiatric illness being caused to an individual as a consequence of fear was not included within the meaning of the term. However, at present this aspect is included under the definition of the term bodily harm and has evolved from case laws over the period of time. In the case of Ireland the defendant was accused of making innumerable phone calls to three women that made those women undergo psychiatric illness. The court convicted him under the provisions of Section 47 of the Act of having caused actual bodily harm to those three women. It was held by the House of Lords that silent phone calls amount to the offence of assault under the provisions of the Act. The court stated that when a silent phone call is being made, the victim might be under the fear that the caller would arrive at her place any moment. Such a feeling is conducive to the fear of the probability of instant personal violence. However, in an old case Tuberville v. Savage, the courts had laid down that when words are such that they do not indicate that violence may be caused, an action cannot be deemed to be an assault. In this case, the defendant by placing one of his hands on the sword said that if it would not have been assize time, he would not have taken such language. The court held that the said statement did not amount to assault because it is clear from the statement that person would not cause harm. This was the position earlier but now it is quite possible that person making the phone call is just outside the door of the victim, and there is high probability that the said person might cause harm to the victim. The way the offences under Section 18, 20 and 47 have been drafted in the said Act seem to be not accurate in the present times. They include the offences of the misdemeanor, felony and penal servitude but the law at present does not recognize these concepts. The maximum sentences for the offences have not been laid down under either Section 20 or Section 47. The Sections only provide imprisonment for five years. Again we may say that even though the seriousness of the offence of grievous bodily harm (laid down under Section 20 of the Act) is much more as compared to that of the offence of actual bodily harm (laid down under Section 47 of the Act), yet the sentences for committing both the offences is same. The offences laid down under Section 18 and 20 is quiet complicated and the Sections provide for various ways in which the offences may be committed. In case of both these offences, there appears to be a mismatch as to what the offender must have intended to do and what the offender must have actually done in order to constitute the offences. The consequence of such ambiguity is that the offender is many-a-times held liable for such results which he/ she had not foreseen or intended. Conclusion From the above discussion, we may conclude that the Act must be reformed so as to be able to provide for offences in a much fairer, clearer and logical manner. Moreover, if the laws are reformed, updated and made clear they would become accessible to legal professional and lay men alike. The complexity associated with the interpretation of the law would be reduced to a great extent. The law must be made fit to cover the new situations and also clear and cohesive. Thus, we mat say that the quoted statement of the Law Commission as regards non fatal offences against persons is very accurate and reform must be made to the Act so as to do away with the above discussed drawbacks. In order to ascertain the liability of Rohit and Umut in the given factual situation we must analyze the following legal principles; Liability for Criminal Damage in United Kingdom When damage is caused to property by an individual it is referred to as criminal damage. An individual who causes damage to property is dealt with under the provisions of Criminal Damage Act, 1971 (also referred to as the Act). Previously, criminal damage to property was dealt with in the United Kingdom under the Malicious Damages Act, 1861. Under the provisions of the Act a person is deemed to be guilty of criminal damage to property when he/ she intentionally cause damage to property which belongs to other individuals. However, in order to qualify as an offence, such act must not have been caused with lawful excuse. The offence of criminal damage comprises of the following elements; Damage Damage ought to have been caused to property The said property must be owned by some other individual The damage to the property must have been caused without any lawful excuse The damage must have been caused intentionally or recklessly Damage The Act does not provide for a definition of the term damage'. It is left to the courts to give meaning to the term depending upon the situation and circumstances that tend to vary from case to case. Generally the courts take into consideration the following factors in order to determine the causing of damage in a particular case; The damage caused to the property need not necessarily be permanent. Damage is said to have been caused even if somebody smears mud or paint on a property. Visibility of the damage caused is also not an essential condition. The fact that the damage caused is not visible but if as a consequence the property cannot be run properly, the courts would regard that damage has been caused to the property. Recklessness In order to establish a charge of criminal damage, the plaintiff has to prove that the actions of the plaintiff have been committed in a reckless manner. The Act lays down the definition of the term recklessness' under Section 1 of the Act. Section 1 of the Act provides that an individual is considered to have been acted in a reckless manner, as regards; A circumstance, if it is found that the individual concerned was aware of the risk involved; A consequence, if it is found that the individual concerned was aware of the risk before the occurrence. In the said circumstances, it must have not been reasonable for the individual concerned to take the risk. In the definition, the terms intention and recklessness have been used interchangeably. Establishment of one would mean the establishment of the other. Property Section 10 of the Act defines the term property'. Belonging To Another Individual A property is said to belong to an individual When the said individual has the authority to exercise control over the property or is in the custody of the said individual. When the said individual has a right to the exclusion of others in the said property When the individual owns a charge over the said property No Lawful Excuse In order to defend oneself from inflicting liability in an action for criminal damage to property, the individual concerned has to bring his/ her case under the provisions of Section 5 of the Act. Section 5 provides that The defendant must have been under the belief that the owner of the property has given consent for such action The defendant must have inflicted the harm under the apprehension that his/ her property would be damaged and the damage has been caused to protect the property from such damage. But the mode of protection adopted ought to be reasonable. Penalty If an individual is held guilty for causing criminal damage to property, then, Imprisonment for a maximum period of 5 years may be imposed upon the offender, in case, the valuation of the damage is less than 5,000. Imprisonment for a maximum period of ten years may be imposed upon the offender, in case, the valuation of the damage caused is over 5,000. Now applying the above legal principles to the given facts we may deduce the following; Criminal Liability of Rohit In the light of the given facts the actions of Rohit: resulted in damage to property belonging to the Blokes Bar , i.e., the property belonging to another individual the damage was caused to the property without any lawful excuse Rohit caused the damage intentionally, upon being requested to stop he threatened to cause more damage Rohit cannot justify his actions under the provisions of Section 5 of the Act Rohit's actions were also reckless Hence, it can be said that rohit is liable for causing criminal damage to the property of Blokes Bar. The courts would impose sentence upon him by relying on the estimate of the damage caused by his actions. Criminal Liability of Umut The bar counter was out on fire by Umut, purposely Umut caused damage to property belonging to another individual, i.e., the owner of Blokes Bar. The actions of Umut cannot be backed by any lawful excuse Hence, it can be said that Umut is liable for criminal damage to property under the provisions of the Act. The courts would impose sentence upon him by relying on the estimate of the damage caused by his actions. References Baker, D, G Williams, Textbook of criminal law. in , London, Sweet Maxwell (2012). Dubber, M, T Hornle, The Oxford handbook of criminal law. in . Duff, A, The boundaries of the criminal law. in , Oxford, Oxford University Press (2010). Duff, A, The constitution of the criminal law. in , Oxford, United Kingdom, Oxford University Press (2013). Hooper, A, D Ormerod, P Murphy, B Leveson, J Phillips, D Atkinson, Blackstone's criminal practice, 2012. in , Oxford, Oxford University Press ( 2011). Monaghan, N, Criminal Law Directions. in , Oxford, OUP Oxford (2012). Ormerod, D, J Smith, B Hogan, D Ormerod, Smith and Hogan's criminal law. in , Oxford, Oxford University Press (2011). https://www.legislation.gov.uk/ukpga/1971/48/pdfs/ukpga_19710048_en.pdf [accessed 9 August 2015]. 'Assault And Battery. Criminal Responsibility. Extenuation Or Justification. The Yale Law Journal (1912) 'Assault And Battery. Criminal Responsibility. Forcible Prevention Of Wrongful Levy On Defendant's Property' Harvard Law Review (1916) English J and Card R, Police Law Oxford University Press (2009) Harris D, 'Included Offences And The Offences Against The Person Act' Cam. Law. J. (1994) 'Offences Against The Person' ICLQ (1973) Reed A, 'Offences Against The Person Act 1861, S. 20: Footballing Injury' The Journal of Criminal Law (2005) W. R, 'Attempt, Assault, And Assault With Intent' Michigan Law Review (1916) Ireland,(1997) LCC v Eisenhower(1994) Tuberville v Savage (1669) Melissaris E, 'Property Offences As Crimes Of Injustice' Criminal Law and Philosophy (2012) 'United Kingdom: Criminal Law' Commonwealth Law Bulletin (2010) 'Assault And Battery. Criminal Responsibility. Extenuation Or Justification. Spear V. State, 57 Sou. (Ala.), 510' (1912) 22 The Yale Law Journal. 'Assault And Battery. Criminal Responsibility. Forcible Prevention Of Wrongful Levy On Defendant's Property' (1916) 29 Harvard Law Review. LCC v Eisenhower,. J English and Richard Card, Police Law (Oxford University Press 2009). 'Offences Against The Person' (1973) 22 ICLQ. Ireland. Tuberville v Savage. R. W., 'Attempt, Assault, And Assault With Intent' (1916) 14 Michigan Law Review. Alan Reed, 'Offences Against The Person Act 1861, S. 20: Footballing Injury' (2005) 69 The Journal of Criminal Law. Diane Harris, 'Included Offences And The Offences Against The Person Act' (1994) 53 Cam. Law. J. A Hooper et al., Blackstone's criminal practice, 2012, in , Oxford, Oxford University Press, 2011. M Dubber T Hornle, The Oxford handbook of criminal law, in . D Ormerod et al., Smith and Hogan's criminal law, in , Oxford, Oxford University Press, 2011. N Monaghan, Criminal Law Directions, in , Oxford, OUP Oxford, 2012 Emmanuel Melissaris, 'Property Offences As Crimes Of Injustice' (2012) 6 Criminal Law and Philosophy. A Duff, The constitution of the criminal law, in , Oxford, United Kingdom, Oxford University Press, 2013. A Duff, The boundaries of the criminal law, in , Oxford, Oxford University Press, 2010. 'United Kingdom: Criminal Law' (2010) 36 Commonwealth Law Bulletin. D Baker G Williams, Textbook of criminal law, in , London, Sweet Maxwell, 2012. https://www.legislation.gov.uk/ukpga/1971/48/pdfs/ukpga_19710048_en.pdf [accessed 9 August 2015].
Monday, December 2, 2019
Pros and Cons of Confederation of Canada in 1860 free essay sample
Some pros were that the colonies would be stronger and more independent. the colonies would have strong central government to control the defense, taxation, postage, currency etc. also the Britain abandoned the mercantilism so the colonies would have to unite in order to survive because Britain no longer provided the colonies with the guarantee on market and it got its material from other countries for a lower price. this made the colonies go in depression because people had no jobs and they needed someone to buy their goods and products . The reason for lack of support in England, of the colonies, was money. England set the economies up where raw materials were imported form the colonies and the industries of England manufactured the goods selling them manufactured goods back to the colonies. They even imposed a manufacturing tax on anything manufactured in the colonies. This manufacturing tax existed through too and was replaced by the GST. We will write a custom essay sample on Pros and Cons of Confederation of Canada in 1860 or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page When the economics of this old system no longer benefited England they terminated the arrangement. The Civil war had just ended in the US and the international boarder between the US and what is now Canada had not been settled. There was a very strong movement in the US 54 forty or fight emerged in the US. This movement wanted the boarder at 54 degrees north 40 minutes which is roughly through the now community of McLeod Lake-nee Fort McLeod. For their part England wanted to retain their interest land and saw the formation of a new country, loyal to them, as their way out. The problem for them was they had little or no presence in the area west of the great lakes except for the the coast of what is now BC. Victoria amp; Westminster The mealtimes PEI Nova Scotia amp; New Brunswick were an economic disaster having lost their secure market in England, Upper Canada. Ontario was land locked in many respects and France had lost their interest in the new world. They lost Lower Canada at the battle of The Plains of Abraham and then sold their claimed land in the south to the US, The Louisiana Purchase for something like 3 to 5 million dollars. Upper Canada was very loyal to the English crown. Lower Canada was a orphan and the maritime needed the market access to Upper and Lower Canada. The benefit for the maritimes was a secure market, for Upper Canada and the Colonies in what is now BC was to keep ties with England and the Crown and for Lower Canada Quebec, a way to maintain their culture. Lower Canada was a strip of Land along the St Laurence River. The options for the people of lower Canada were very limited. The were too small to stand on their own, if US took over, their French Language, Laws based on the Napoleonic code would most likely be lost. Under Confederation they were guarantied the right to their legal system, Language and religion. The west joined upon being promised a railway connection, all in Canada to the east. The great pro of Confederation was that a country was created, Canada in what would surely been annexed by the US and for Lower Canada their language and Laws were preserved. I am of the opinion that if Quebec were to separate, in short order they would become a quaint Little puddle in a sea of 360 million non Quebecers and the sooner the better. Pros: Common defence Resist American expansionism Common colonial market Chance to acquire the West State support for the Intercolonial railroad The British wanted it to happen Break the political deadlock in the Canadas Cons: Different economies in different colonies Cost of Confederation (taxes) No common national feeling
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