Sunday, March 22, 2020
Explaining the Importance of Introducing U.S. Health Care Reforms
Ethical Framework for Discussing U.S. Health Care Reforms An ethical approach to a decision-making process should provide a significant shift to the perception of health care insurance and cost issues in the United States. Adhering to the idea of free and equal access of all people to the high quality medical care irrespective of social status, nationality, race distinction, and gender, introducing new approaches to allocating resources, as well as rationalizing the costs and insurance of health care system would be paramount for the U.S. health sphere. Advertising We will write a custom essay sample on Explaining the Importance of Introducing U.S. Health Care Reforms specifically for you for only $16.05 $11/page Learn More To introduce changes to the American health care, it is imperative to keep to a utilitarian ethical framework where a worth action is morally justified if it provides positive outcomes to individuals. In this respect, ââ¬Å"the conse quences of leading health care solely to market forcesâ⬠¦ is not viewed as acceptable when a significant portion of the population lacks access to health servicesâ⬠(Steinbock, Arras, London, 191). Introducing liberty-limiting principles, particularly the concept of paternalism and social welfare should provide significant improvements to the quality of health care in particular and life of U.S. citizens in general. Moreover, looking at the problem of resources allocation, specific attention should be paid to the issue of human rights, particularly to the equality of men and women in society. This principle should be applicable to health care system as well. Underpinnings for Introducing Health Care Reforms: Comparing Current Situation with That in Other Countries Criticism of health care sphere in the United States is justified because many researchers highlight the pitfalls and drawbacks of the current situation. In particular, Orszag insists on the idea that ââ¬Å"im proving the quality of health care and reducing its cost will require that doctors make many changesâ⬠among which ââ¬Å"working on weekends and consenting to quality management are two clear onesâ⬠(n. p.). In other words, the primary focus should be made on the quality of health care delivery, as well as equal access of all people to free medical treatment. At least all people should be provided with professional help irrespective of insurance policies. Similar concerns are expressed Affordable Health Choices Act foreseeing reorganization of healthcare system and its shit to a patient-centered approach to medical therapy services (Morgan 1). In addition, high quality of care should envision social safety and welfare for all U.S. citizens, which according to legislature have equal rights for medical treatment (Steinbock, Arras, London 175). A comparative analysis of U.S. health care system with the health care systems in other countries highlights the existing gaps in the American insurance health issues, as well as quality of medical treatment. For instance, the statistics provided by the World Health Organization prove French health care to be the first whereas the U.S. system takes the 37th place (Shapiro n. p.). Advertising Looking for essay on health medicine? Let's see if we can help you! Get your first paper with 15% OFF Learn More The quality of the French system, therefore, bases on the concepts of choices and options, which is exactly the U.S. system lacks. Deliberating on the German health care, Knox states, ââ¬Å"â⬠¦thereââ¬â¢s usually little or no wait to get elective surgery or diagnostic tests, such as MRI. Itââ¬â¢s one of the worldââ¬â¢s best health care systems, visible in ways that most German take for grantedâ⬠(n. p.) Just like the U.S. nation respects its cultural and social values, the Dutch system of health care chooses a national approach to treating their values. Respecting their patient sââ¬â¢ views and rights, they try to attach principles that would be congruent with their moral and ethics (Neighmond n. p.). Finally, the situation in the UK provides serious underpinnings for the United States to think over the changes in the sphere of health care as fare as insurance gap is concerned (Silberner n. p.). Regarding to the above-presented facts, introducing constant changes and significant reforms to the U.S health care is imperative to solve the urgent problems because the plan of providing all citizens with insurance failed (Reid n. p.). Regarding Reidââ¬â¢s deliberations on the future perspective of Medicare, it is hard to judge whether future reforms are going to be successful or not because too many gaps have been highlighted. The highest probability of success can occur ethical frameworks will be introduced and underscored because they can contribute to an effective decision-making process (Grouse, n. p.). While investigating the problem of resources all ocation, much concern should be focused on the priorities of investing resource either in technological development or in the actual delivery of high quality services (Steinbock, Arras, London 190). Discussing cost problems and rational allocation of health care resources requires consideration of ethical principle in a broader philosophical context. Establishing paternalistic principles on private sector can contribute to better delivery of medical treatment to larger amounts of population. While considering an ethical framework and legislation, much attention should be paid of life choices of individuals. In this respect, ââ¬Å"everyone is guaranteed access to ââ¬Å"acceptable levelâ⬠or â⬠¦of health careâ⬠and, under these circumstances, ââ¬Å"society will have lived up to its moral obligationâ⬠(Steinbock, Arras, London 175). A rational distribution of resources will deprive health care system of the problem of scare resources and will ensure free and e qual access of the U.S. citizens to the health care establishments. Advertising We will write a custom essay sample on Explaining the Importance of Introducing U.S. Health Care Reforms specifically for you for only $16.05 $11/page Learn More In addition, there should be an adequate algorithm of spending private and government financial funds to provide marginally effective treatments. In order to introduce such changes, difficult decisions should be made because physicians should reconsider their ethical principles and introduce morally justified schemes of patient treatment. With regard to the above-presented assumptions and findings, it should be stressed that the problem of expenditures and resources allocation should not threaten the health of individuals. While allocating resources, the primary focus should be made on the U.S. Constitution revealing equality and freedom as priority principles. Utilitarian principles should also be taken into the d eepest consideration to provide a shift to existing health insurance system and introduce significant changes to the overall U.S. health care system. Moreover, using the best health care reforms practices taking place in other countries highlights the importance of introducing new ethical and legal models for improving the quality of life in the United States. First of all, tangible changes should be introduced to the sphere of doctorââ¬â¢s responsibilities and obligations, as well as quality management concerns. Second, the principle of distributing medical resources should be based on patient-oriented approach, where the primary concern should be connected with the extent to which an individual is in need of help, but not with the presence of insurance. Finally, introducing liberty-limiting and right principles are among the most important ethical principles that should be followed by health care professionals. Works Cited Grouse, Lawrence. Physicians for Sale: How Medical Pr ofessional Organizations Exploit Their Members. 2008. Web. http://www.medscape.com/viewarticle/577178 Knox, Richard. Most Patient Happy with German Health Care. National Public Radio. 2008. Web. http://www.npr.org/templates/story/story.php?storyId=91971406Advertising Looking for essay on health medicine? Let's see if we can help you! Get your first paper with 15% OFF Learn More Morgan, Rebecca. AACP Support New Healthcare Reform Legislation. American Association of Colleges of Pharmacy. 1-2. 2009. Web. http://www.nytimes.com/2010/10/04/opinion/04orszag.html?_r=2emc=eta1 Neighmond, Patti. Netherlandsââ¬â¢ Health Care Reflects National Values. National Public Radio. 2008. Web. http://www.npr.org/templates/story/story.php?storyId=92641635 Orszag, Peter. Health Careââ¬â¢s Lost Weekend. The New York Times. 2010. Web. http://www.nytimes.com/2010/10/04/opinion/04orszag.html?_r=2emc=eta1 Reid, Thomas R. T. R. Reid: Can We Really Fix U.S. Health Care? The Commonwealth Club of California. 2009. Web. http://www.commonwealthclub.org/events/2009-09-14/tr-reid-can-we-really-fix-us-health-care Shapiro, Joseph. Health Care Lessons from France. National Public Radio. 2008. Web. http://www.npr.org/templates/story/story.php?storyId=92419273 Silberner, Joanne. MS Patient Falls into American Insurance Gap. National Public Radio. 2008. Web. http://www.npr.org/templates/st ory/story.php?storyId=92067101 Steinbock, Bonnie., Arras, John., London, Alex. L. Ethical Issues in Modern Medicine. US: McGraw Hill. 2003. Print. This essay on Explaining the Importance of Introducing U.S. Health Care Reforms was written and submitted by user Archer D. to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.
Thursday, March 5, 2020
Most Important Themes in The Crucible, Analyzed
Most Important Themes in The Crucible, Analyzed SAT / ACT Prep Online Guides and Tips The Crucible remains a staple of high school English because it is rich in themes that are consistently relevant to human beings regardless of time period. But these themes aren't always easy to explain or dissect in the context of the play, and they can be even harder to develop into essays. Read on for an overview of what a theme is, a list of important themes in The Crucible with specific act-by-act details, and a summary of how to use this information in your essays and other assignments. Whatââ¬â¢s a Theme? Why Are Themes Important? Before I get into the nitty-gritty of howThe Cruciblethemes are expressed, let's do a quick overview of what themes are and why they matter. A theme is a central topic that is addressed by a work of literature. Themes can be expressed in many different ways. In the case of a play like The Crucible, themes are revealed mainly through the dialogue of the characters. They're also revealed though events in the plot. Themes tell us what the purpose of the work is. What is the writer attempting to convey to the viewer? The Crucible's themes have lent the play artistic longevity because they're more or less universal to the human experience across time.If you hope to write an awesome essay onThe Crucible, you should have extensive knowledge of its themes. If you can show that you understand the themes of a work of literature, you've clearly mastered the material on a deeper level.In the next few sections,I'll take a look at a group of broad themes inThe Crucible, including irony, hysteria, reputation, and power. Theme 1: Irony First off, what is irony? Many people are under the impression that irony is just when something happens that you don't expect (or that you really hoped wouldn't happen). In reality, true irony only happens when a situation is the exact opposite of what you would expect.The classic example of an incorrect use of irony is in Alanis Morisette's song "Ironic" when she says that "rain on your wedding day" is an example of irony. Well, it's not. Sure, you don't expect or want rain, but it's not the polar opposite of getting married. A real example of irony would be if two married guests got into a fight about going to your wedding that ended in their divorce. Irony abounds throughout The Crucibleascharacters who believe they are combating the Devilââ¬â¢s handiwork actually perform it themselves.The ruthlessness with which the suspected witches are treated is aimed at purifying Salem, but it achieves the opposite outcome. The town slips further and further into chaos and paranoia until it reaches a point of total devastation.As Reverend Hale says to Danforth, ââ¬Å"Excellency, there are orphans wandering from house to house; abandoned cattle bellow on the highroads, the stink of rotting crops hangs everywhere, and no man knows when the harlotsââ¬â¢ cry will end his life - and you wonder yet if rebellionââ¬â¢s spoke?â⬠(Act 4, pg. 121). The court's attempts to preserve Puritan morality by arresting and executing accused witches ironically lead to the removal of the most virtuous people from society. These people are the only ones who refuse to throw out false accusations or lie about involvement in witchcraft, so they find themselves condemned (this is the fate of Rebecca Nurse). This means that much of the population that remains is comprised of the power-hungry, the selfish, and the cowardly. Act 1 There are several ironies in Act 1 that center around Abigail Williams. In her conversation with John, Abigail claims that he helped her realize all the lies she was told by two-faced people in Salem who only publicly adhere to the conventions of respectable society (pg. 22).The irony is that, in the face of Johnââ¬â¢s rejection, Abigail turns around and creates her own lies soon after that give her increased control over the society she resents.She puts on a fake front to get what she wants, ultimately creating a persona thatââ¬â¢s even worse than that of the hypocrites she criticizes.Abigailââ¬â¢s many deceptions are sometimes laughably ironic as she chastises others for lying even as she is spinning falsehoods.In this act, she yells ââ¬Å"Donââ¬â¢t lie!â⬠at Tituba immediately before she tells some of the most damning lies of the play accusing Tituba of witchcraft (ââ¬Å"She comes to me while I sleep; sheââ¬â¢s always making me dream corruptions!â⬠pg. 4 1). Hale also makes some unintentionally ironic statements in Act 1 when he begins his investigation.He claims that they must not jump to conclusions based on superstition in their investigation of Bettyââ¬â¢s affliction.Hale is convinced that a scientific inquiry based only on facts and reality can be conducted to detect a supernatural presence. This is ironic becausesearching for "the Devil's marks" as the potential cause of an ailment is inherently superstitious. Once the accusations begin, Parris initiates an ironic thought process that persists throughout The Crucible: ââ¬Å"You will confess yourself or I will take you out and whip you to your death, Tituba!â⬠(pg. 42).This ââ¬Å"confess or dieâ⬠mindset is one of the central ironies of the play.The whole purpose of a trial is to hear both sides of the story before a verdict is reached.In telling people they must confess to their crimes or be hanged, the officials show that they have already decided the person is guilty no matter what evidence is provided in their defense. Act 2 In Act 2, John Proctorââ¬â¢s guilt over his affair with Abigail is demonstrated through an ironic exchange with Reverend Hale. When Hale asks him to recite his commandments, the only one he forgets is adultery.This is also the commandment that he has violated most explicitly, so youââ¬â¢d think it would be the first one to spring to mind.The fact that he forgets only this commandment shows that he is trying extremely hard to repress his guilt. This act also sees the irony of Hale discussing the ââ¬Å"powers of the darkâ⬠that are attacking Salem (pg. 61).This is irony of the same type that I discussed in the overview of this theme.Hale doesnââ¬â¢t realize that his own fears and suspicions are the real powers of the dark.Salem is under attack from the hysteria that is encouraged by the same people who seek to keep imaginary supernatural demons at bay. Act 3 In Act 3, Hale continues to make ironic statements about the existence of concrete proof for the accusations of witchcraft.While touting his holy credentials, he claims that he ââ¬Å"dare not take a life without there be a proof so immaculate no slightest qualm of my conscience may doubt itâ⬠(pg. 91).This ââ¬Å"immaculate proofâ⬠that has led him to sign numerous death warrants is nothing but the fabrications of teenage girls and other townspeople seeking petty revenge.These types of statements made by Hale earlier in the play become even more ironic in Act 4 when he realizes he made a horrible mistake by trusting the ââ¬Å"evidenceâ⬠that was presented to him. Abigailââ¬â¢s presence is always rife with irony in The Crucible, as she constantly chastises others for sins she herself has committed.When she is brought in for questioning and claims to see Maryââ¬â¢s familiar spirit, she says ââ¬Å"Envy is a deadly sin, Mary.â⬠Abigail herself has acted out of envy for the entire play.Her jealousy of Elizabeth Proctorââ¬â¢s position as Johnââ¬â¢s wife has led her to attempted murder, first by the charm in the woods and now by accusing Elizabeth of witchcraft. Elizabeth is a victim of cruel irony in this Act when she is summoned to testify on the reasons why she dismissed Abigail from her household.John has already confessed that the affair was the reason for Abigailââ¬â¢s dismissal.John tells the judge to summon Elizabeth to back him up because he knows she always tells the truth.Ironically, though she is normally honest to a fault, in this situation Elizabeth decides to lie to preserve Johnââ¬â¢s reputation, not knowing he has already confessed.This well-intentioned mistake seals both of their fates. Act 4 Act 4 is Danforthââ¬â¢s turn to shine in the irony department.He is appalled by Elizabethââ¬â¢s lack of emotion when he asks her to help the court get a confession out of her husband (pg. 123).This attitude comes from a man who has shown no remorse for condemning people to death throughout the play.He refers to Johnââ¬â¢s refusal to confess as ââ¬Å"a calamity,â⬠looking past his own involvement in the larger calamity of the conviction that led John to this point. Later in Act 4, Danforth becomes angry at the implication that Johnââ¬â¢s confession may not be the truth. He insists,ââ¬Å"I am not empowered to trade your life for a lieâ⬠(pg. 130).Of course, we know that Danforth has been trading peopleââ¬â¢s lives for lies this whole time.He has sentenced people to death based on lies about their dealings in black magic, and he has accepted other false confessions from those who would rather lie than be executed.To Danforth, anything that doesnââ¬â¢t confirm that he was right all along is a lie. Discussion Questions Here are a few questions related to this theme that you can use to test your grasp of irony and its significance as a theme in The Crucible: How is Parrisââ¬â¢ fate in act 4 ironic when considering his role in the events of the play? Why do certain characters seem to be blind to the irony of their actions (Abigail, Danforth)? Why is hypocrisy so common in repressive communities like Salem? Explain the irony of Haleââ¬â¢s position at the end of the play as compared to his actions at the beginning. Hale wrongly assumes that his academic mindset will save him from jumping to the wrong conclusions in the witchcraft investigation. Ironically, he is the first to demand a confession from Tituba based on Abigail's dramatic but false testimony. Theme 2: Hysteria The thematic significance of hysteria builds quickly as accusations of witchcraft proliferate throughout Salem.The power of collective hysteria ultimately becomes insurmountable because it grows larger than the influence of the few rational voices in the community. The seeds are planted in Act 1, when Abigail is questioned about her activities in the woods and ends up accusing Tituba of witchcraft to avoid punishment.The town, already primed with rumors of black magic, is quickly willing to accept that the first few women who are accused are involved in black magic because theyââ¬â¢re beggars and slaves.No one considers that the accusers are lying, partially because theyââ¬â¢re seen as innocent children and partially because many ââ¬Å"witchesâ⬠confess to avoid the death penalty. Armed with the false proof of these coerced confessions, the court officials aggressively persecute anyone who is accused.Hysteria blinds the people of Salem to reason as they become convinced that there is a grand Satanic plot brewing in town, and they must not hesitate to condemn anyone who could be involved.This is a lesson in how fear can twist perceptions of reality even for those who consider themselves reasonable under normal circumstances. Act 1 Even before Abigail makes accusations, rumors of witchcraft have morphed into accepted truths in the minds of the more superstitious members of the community.Ann Putnam jumps at any opportunity to blame supernatural forces for the deaths of her children.Annââ¬â¢s extreme conclusions are gradually accepted because rational people are too afraid to challenge the consensus and risk bringing accusations upon themselves.Haleââ¬â¢s involvement is taken to mean that there must be a supernatural element to Bettyââ¬â¢s illness.Rational explanations are ground up by the drama of the rumor mill, and people see only what they want to see (whatever keeps them in the good graces of society andmakes them feel the best about themselves) in situations that don't appear to have easy explanations. The madness begins in earnest with Abigailââ¬â¢s claim that Tituba and Ruth were conjuring spirits in the woods.Parris is extremely dismayed by this revelation because of the damage it will do to his reputation.Thomas Putnam tells him to ââ¬Å"Wait for no one to charge you - declare it yourself.â⬠Parris must rush to be the first accuser so he can place himself beyond reproach. It's atoxic strategy that causes panic to spread quickly and fear for oneââ¬â¢s life to take the place of rationality.Tituba is pressured to confess and name the names of other ââ¬Å"witchesâ⬠to avoid execution, which leads to Abigail and Bettyââ¬â¢s accusations, now validated by a coerced confession.This vicious cycle continues to claim the lives of more and more people as the play progresses. Act 2 By Act 2, there are nearly 40 people in jail accused of witchcraft.Many people confess when threatened with execution, and this only heightens the paranoid atmosphere.The authorities ignore any inconvenient logical objections to the proceedings because they, too, are swept up in the madness. The hysterical atmosphere and the dramatic performances of some of the accusers cause people to believe they have seen genuine proof of witchcraft.Each new false confession is thrown onto the pile of ââ¬Å"evidenceâ⬠of a grand Satanic plot, and as the pile grows larger, the hysteria surrounding it is fed generously. This hysteria-based ââ¬Å"evidenceâ⬠of witchcraft includes the discovery of the poppet in the Proctor household with a needle in it.Elizabeth's side of the story is disregarded because Abigailââ¬â¢s testimony is far more dramatic."She sat to dinner in Reverend Parris's house tonight, and without word nor warnin' she falls to the floor. Like a struck beast, he says, and screamed a scream that a bull would weep to hear. And he goes to save her, and, stuck two inches in the flesh of her belly, he draw a needle out." (Cheever pg. 71). The idea that a witch's familiar spirit is capable of stabbing people is too scary for the superstitious and now hysterical people of Salem to give Elizabeth the benefit of the doubt. No one even considers Mary's statement about sticking the needle in herself. In this environment, whoever yells the loudest seems to get the most credibility. Act 3 The depths of the hysteria that has gripped Salem are revealed in Act 3 when John finally confronts the court. Danforth makes a shocking argument defending the way the trials have been conducted, insisting that only the victimââ¬â¢s testimony can serve as reliable evidence in this type of trial.He is completely oblivious to the fact that the ââ¬Å"victimsâ⬠might be lying.The court refuses to challenge anyone who claims to have been afflicted. When the petition testifying to the good character of the accused women is presented, the reaction from Danforth, Hathorne, and Parris is to arrest the people who signed it rather than considering that this might indicate that the women are innocent.Danforth is convinced that ââ¬Å"there is a moving plot to topple Christ in the country!â⬠and anyone who doubts the decisions of the court is potentially involved.They so fear the devilish consequences of challenging the accusers that theyââ¬â¢re willing to take them at their word and ignore any defenses the accused have to offer.Nowhere is there any consideration of ulterior motives. The power of mass hysteria is further revealed when Mary is unable to faint outside of a charged courtroom environment.She believed she had seen spirits earlier because she was caught up in the delusions of those around her.Abigail distracts the judges from any rational investigation in this act by playing into this hysteria.Danforth, who has the most authority, is also the most sold on her act, and it only takes a few screams to persuade him that heââ¬â¢s in the presence of witchcraft.This leads to Maryââ¬â¢s hysterical accusation of Proctor after she finds herself targeted by the other girls and about to be consumed by the hysteria herself if she doesnââ¬â¢t contribute to it. Act 4 Danforth continues to demonstrate the effects of hysteria in act 4 even after things have died down a bit in Salem and there have been rumblings of discontent about the courtââ¬â¢s actions.As John gives his confession, Danforth says to Rebecca Nurse ââ¬Å"Now, woman, you surely see it profit nothinââ¬â¢ to keep this conspiracy any further. Will you confess yourself with him?â⬠(pg. 129)He is still convinced that all the prisoners are guilty and is determined to force them to admit their guilt. Danforth also becomes frustrated with Proctor when he wonââ¬â¢t name names in his confession: ââ¬Å"Mr. Proctor, a score of people have already testified they saw [Rebecca Nurse] with the Devilâ⬠(pg. 130).Danforth insists that John must know more about the Devil's dealings than he has revealed.Though Rebecca Nurse's involvement has already been corroborated by other confessors, Danforth demands to hear it from John to confirm that John is fully committed to renouncing his supposed ties to Satan. Discussion Questions Here are a few questions about hysteria to consider now that you've read a summary of how this theme was expressed throughout the plot of the play: How does the hysteria in the play get started? What are some of the factors that feed the panic and suspicion in Salem, and why are officials (like Danforth) unable or unwilling to listen to reason? Is there any character besides John Proctor that represents the voice of common sense amidst the madness? Why is Cheever both astonished and afraid when he finds the poppet with the needle in it? Why is everyone so quick to believe Abigailââ¬â¢s story? Danforth explains that witchcraft is an invisible crime and that only the victims are reliable. How does this philosophy perpetuate hysteria? Even though there is significant reason to believe Abigail is lying about Elizabeth's familiar spirit stabbing her, the frenzied investigators ignore testimony that challenges their chosen witchy narrative. Theme 3: Reputation Concern for reputation is a theme that looms large over most of the events in The Crucible.Though actions are often motivated by fear and desires for power and revenge, they are also propped up by underlying worries about how a loss of reputation will negatively affect characters' lives.Johnââ¬â¢s concern for his reputation is strong throughout the play, and his hesitation to reveal Abigailââ¬â¢s true nature is a product of his own fears of being labeled an adulterer. Once there have been enough convictions, the reputations of the judges also become factors. They are extremely biased towards believing they have made the correct sentencing decisions in court thus far, so they are reluctant to accept new evidence that may prove them wrong.The importance placed on reputation helps perpetuate hysteria because it leads to inaction, inflexibility, and, in many cases, active sabotage of the reputations of others for selfish purposes. The overall message is that when a person's actions are driven by desires to preserve favorable public opinion rather than do the morally right thing, there can be extremely dire consequences. Act 1 Reverend Parris' concerns about his reputation are immediately evident in Act 1. Parris initially insists that there are ââ¬Å"no unnatural causesâ⬠for Bettyââ¬â¢s illness because he fears that he will lose favor with the townspeople if witchcraft is discovered under his roof.He questions Abigail aggressively because heââ¬â¢s worried his enemies will learn the full story of what happened in the woods first and use it to discredit him.Parris is very quick to position himself on the side of the accusers as soon as Abigail throws the first punch, and he immediately threatens violence on Tituba if she doesn't confess (pg. 42).He appears to have no governing system of morality. His only goal is to get on the good side of the community as a whole, even in the midst of this bout of collective hysteria. Abigail also shows concern for her reputation.She is enraged when Parris questions her suspicious dismissal from the Proctor household.Abigail insists that she did nothing to deserve it and tries to put all the blame on Elizabeth Proctor.She says, "My name is good in the village! I will not have it said my name is soiled! Goody Proctor is a gossiping liar!" (pg. 12) The first act of The Crucibleclearly establishes the fact that a bad reputation can damage a personââ¬â¢s position in this society severely and irreparably. Act 2 In this act, we learn more details about the accused that paint a clearer picture of the influence of reputation and social standing on the patterns of accusations.Goody Good, an old beggar woman, is one of the first to be named a witch. Itââ¬â¢s easy for more respectable citizens to accept that sheââ¬â¢s in league with the Devil because she is an "other" in Salem, just like Tituba.When Abigail accuses Elizabeth, a respected farmerââ¬â¢s wife, it shows that she is willing to take big risks to remove Elizabeth from the picture.Sheââ¬â¢s not a traditionally accepted target like the others (except in her susceptibility as a woman to the misogyny that runs rampant in the play). In Act 2, the value of reputation in Salem starts to butt heads with the power of hysteria and fear to sway peopleââ¬â¢s opinions (and vengeance to dictate their actions).Rebecca Nurse, a woman whose character was previously thought to be unimpeachable, is accused and arrested.This is taken as evidence that things are really getting out of control ("if Rebecca Nurse be tainted, then nothing's left to stop the whole green world from burning." Hale pg. 67).People in power continue to believe the accusers out of fear for their own safety, taking the hysteria to a point where no one is above condemnation. At the end this act, John Proctor delivers a short monologue anticipating the imminent loss of the disguises of propriety worn by himself and other members of the Salem community.The faces that people present to the public are designed to garner respect in the community, but the witch trials have thrown this system into disarray.Proctorââ¬â¢s good reputation is almost a burden for him at this point because he knows that he doesnââ¬â¢t deserve it. In a way,John welcomes the loss of his reputation because he feels so guilty about the disconnect between howhe is perceived by others and the sins he has committed. Act 3 John Proctor sabotages his own reputation in Act 3 after realizing it's the only way he can discredit Abigail.This is a decision with dire consequences in a town where reputation is so important, a fact that contributes to the misunderstanding that follows.Elizabeth doesnââ¬â¢t realize that John is willing to sacrifice his reputation to save her life.She continues to act under the assumption that his reputation is of the utmost importance to him, and she does not reveal the affair. This lie essentially condemns both of them. Danforth also acts out of concern for his reputations here. Hereferences the many sentencing decisions he has already made in the trials of the accused. If Danforth accepts Maryââ¬â¢s testimony, it would mean that he wrongly convicted numerous people already. This fact could destroy his credibility, so he is biased towards continuing to trust Abigail.Danforth has extensive pride in his intelligence and perceptiveness. This makes him particularly averse to accepting that he's been fooled by a teenage girl. Act 4 Though hysteria overpowered the reputations of the accused in the past two acts, in act 4 the sticking power of their original reputations becomes apparent.John and Rebeccaââ¬â¢s solid reputations lead to pushback against their executions even though people were too scared to stand up for them in the midst of the trials.Parris begs Danforth to postpone their hangings because he fears for his life if the executions proceed as planned.He says, ââ¬Å"I would to God it were not so, Excellency, but these people have great weight yet in the townâ⬠(pg. 118). However, this runs up against Danforthââ¬â¢s desire to preserve his reputation as a strong judge.He believes that ââ¬Å"Postponement now speaks a floundering on my part; reprieve or pardon must cast doubt upon the guilt of them that died till now. While I speak Godââ¬â¢s law, I will not crack its voice with whimperingâ⬠(pg. 119).Danforthââ¬â¢s image is extremely valuable to him, and he refuses to allow Parrisââ¬â¢ concerns to disrupt his belief in the validity of his decisions. In the final events of Act 4, John Proctor has a tough choice to make between losing his dignity and losing his life. The price he has to pay in reputation to save his own life is ultimately too high.He chooses to die instead of providing a false confession because he doesnââ¬â¢t think life will be worth living after he is so disgraced. As he says,ââ¬Å"How may I live without my name? I have given you my soul; leave me my name!â⬠(pg. 133) Discussion Questions Here are a few discussion questions to consider after you've read my summary of how the theme of reputation motivates characters and plot developments in The Crucible: How are charactersââ¬â¢ behaviors affected by concern for their reputations? Is reputation more important than truth? Why doesnââ¬â¢t John immediately tell the court that he knows Abigail is faking? How does Parrisââ¬â¢ pride prevent him from doing anything to stop the progression of events in the play? Why does Mary Warren warn John about testifying against Abigail? Why does he decide to do so anyways? Why does John decide to ruin his reputation in Act 3 by confessing to the affair? How is the arrest of Rebecca Nurse a sign that the hysteria in Salem has gotten out of control? How does reputation influence who is first accused of witchcraft? If you're an old beggar woman who sometimes takes shelter in this creepy shack, you better believe these jerks are gonna turn on you as soon as anyone says the word "witch." Theme #4: Power and Authority The desire to preserve and gain power pervadesThe Crucible as the witch trials lead to dramatic changes in which characters hold the greatest control over the course of events.Abigailââ¬â¢s power skyrockets as the hysteria grows more severe.Where before she was just an orphaned teenager, now, in the midst of the trials, she becomes the main witness to the inner workings of a Satanic plot.She has the power to utterly destroy peopleââ¬â¢s lives with a single accusation because she is seen as a victim and a savior. The main pillars of traditional power are represented by the law and the church.These two institutions fuse together in The Crucible to actively encourage accusers and discourage rational explanations of events. The girls are essentially given permission by authority figures to continue their act because they are made to feel special and important for their participation.The people in charge are so eager to hold onto their power that if anyone disagrees with them in the way the trials are conducted, it is taken as a personal affront and challenge to their authority. Danforth, Hathorne, and Parris become even more rigid in their views when they feel they are under attack. Act 1 As mentioned in the overview, religion holds significant power over the people of Salem.Reverend Parris is in a position of power as the town's spiritual leader, but he is insecure about his authority.He believes there is a group of people in town determined to remove him from this position, and he will say and do whatever it takes to retain control.This causes problems down the line as Parris allows his paranoia about losing his position to translate into enthusiasm for the witch hunt. Abigail, on the other hand, faces an uphill battle towards more power over her situation.She is clearly outspoken and dominant, but her initial position in society is one of very little influence and authority.One path to higher standing and greater control would be in becoming John Proctorââ¬â¢s wife.When she canââ¬â¢t get John to abandon Elizabeth for her, she decides to take matters into her own hands and gain control through manipulating the fears of others. Abigail accuses Tituba first because Tituba is the one person below her on the ladder of power, so she makes an easy scapegoat. If Tituba was permitted to explain what really happened, the ensuing tragedy might have been prevented.No one will listen to Tituba until she agrees to confirm the version of events that the people in traditional positions of authority have already decided is true, a pattern which continues throughout the play.Tituba is forced to accept her role as a pawn for those with greater authority and a stepping stone for Abigailââ¬â¢s ascent to power. Act 2 By Act 2, there have been notable changes in the power structure in Salem as a result of the ongoing trials.Mary Warrenââ¬â¢s sense of self-importance has increased as a result of the perceived value of her participation in court.Elizabeth notes that Mary's demeanor is now like that of ââ¬Å"the daughter of a princeâ⬠(pg. 50).This new power is exciting and very dangerous because it encourages the girls to make additional accusations in order to preserve their value in the eyes of the court. Abigail, in particular, has quickly risen from a nobody to one of the most influential people in Salem.Abigailââ¬â¢s low status and perceived innocence under normal circumstances allow her to claim even greater power in her current situation.No one thinks a teenage orphan girl is capable of such extensive deception (or delusion), so she is consistently trusted.In one of the most well-known quotes in the play, John Proctor angrily insists that ââ¬Å"the little crazy children are jangling the keys of the kingdomâ⬠(pg. 73), meaning the girls are testing out the extent of the chaos they can create with their newfound power. Act 3 In Act 3, Abigailââ¬â¢s power in the courthouse is on display.She openly threatens Danforth for even entertaining Mary and John's accusations of fraud against her. Though Danforth is the most powerful official figure in court, Abigail manipulates him easily with her performance as a victim of witchcraft. He's already accepted her testimony as evidence, so he is happy for any excuse to believe her over John and Mary.John finally comes to the realization that Mary's truthful testimony cannot compete with the hysteria that has taken hold of the court.The petition he presents to Danforth is used as a weapon against the signers rather than a proof of the innocence of Elizabeth, Martha, and Rebecca. Abigail's version of events is held to be true even after John confesses to their affair in a final effort to discredit her.Logic has no power to combat paranoia and superstition even when the claims of the girls are clearly fraudulent.John Proctor surrenders his agency at the end of Act 3 i n despair at the determination of the court to pursue the accusations of witchcraft and ignore all evidence of their falsehood. Act 4 By Act 4, many of the power structures that were firmly in place earlier in the play have disintegrated.Reverend Parris has fallen from his position of authority as a result of the outcomes of the trials.He is weak and vulnerable after Abigail's theft of his life's savings, and heââ¬â¢s even facing death threats from the townspeople as a result of John and Rebecca's imminent executions.In Act 1 he jumped on board with the hysteria to preserve his power, but he ended up losing what little authority he had in the first place (and, according to Miller's afterward, was voted out of office soon after the end of the play). The prisoners have lost all faith in earthly authority figures and look towards the judgment of God.The only power they have left is in refusing to confess and preserving their integrity. In steadfastly refusing to confess, Rebecca Nurse holds onto a great deal of power.The judges cannot force her to commit herself to a lie, and her martyrdom severely damages their legitimacy and favor amongst the townspeople. Discussion Questions Here are some discussion questions to consider after reading about the thematic role of the concepts of power and authority in the events of the play: How do the witch trials empower individuals who were previously powerless? How does Reverend Hale make Tituba feel important? Compare and contrast three authority figures in this drama: Hale, Danforth, and Parris. What motivates their attitudes and responses toward the witch trials? What makes Danforth so unwilling to consider that the girls could be pretending? Why does Mary Warren behave differently when she becomes involved in the trials? How do the actions of authority figures encourage the girls to continue their accusations and even genuinely believe the lies theyââ¬â¢re telling? Mary Warren when she comes back from Salem in Act 2 A Quick Look at Some Other The CrucibleThemes These are themes that could be considered subsets of the topics detailed in the previous sections, but there's also room to discuss them as topics in their own right. I'll give a short summary of how each plays a role in the events of The Crucible. Guilt The theme of guilt is one that is deeply relevant to John Proctor's character development throughout the play. John feels incredibly ashamed of his affair with Abigail, so he tries to bury it and pretend it never happened. His guilt leads to great tension in interactions with Elizabeth because he projects his feelings onto her, accusing her of being judgmental and dwelling on his mistakes. In reality, he is constantly judging himself, and this leads to outbursts of anger against others who remind him of what he did (he already feels guilty enough!). Hale also contends with his guilt in act 4 for his role in condemning the accused witches, who he now believes are innocent. There's a message here about the choices we have in dealing with guilt. John attempts to crush his guilt instead of facing it, which only ends up making it an even more destructive factor in his life. Hale tries to combat his guilt by persuading the prisoners to confess, refusing to accept that the damage has already been done. Both Hale and Proctor don't want to live with the consequences of their mistakes, so they try to ignore or undo their past actions. Misogyny and Portrayal of Women Miller's portrayal of women in The Crucible is a much-discussed topic. The attitudes towards women in the 1950s, when the play was written, are evident in the roles they're given. The most substantial female character is Abigail, who is portrayed as a devious and highly sexualized young woman. She is cast as a villain. Then, on the other end of the spectrum, we have Rebecca Nurse. She is a sensible, saintly old woman who chooses to martyr herself rather than lie and confess to witchcraft. The other two main female characters, Elizabeth and Mary Warren, are somewhat bland. Elizabeth is defined by her relationship to John, and Mary is pushed around by other characters (mostly men) throughout the play. The Crucible presents a view of women that essentially reduces them to caricatures of human beings that are defined by their roles as mothers, wives, and servants to men. Abigail, the one character who breaks from this mold slightly, is portrayed extremely unsympathetically despite the fa ct that the power dynamic between her and John makes him far more culpable in their illicit relationship. Deception Deception is a major driving force inThe Crucible. This includes not only accusatory lies about the involvement of others in witchcraft but also the lies that people consistently tell about their own virtuousness and purity in such a repressive society. The turmoil in Salem is propelled forward by desires for revenge and power that have been simmering beneath the town's placid exterior. There is a culture of keeping up appearances already in place, which makes it natural for people to lie about witnessing their neighbors partaking in Satanic rituals when the opportunity arises (especially if it means insulating themselves from similar accusations and even achieving personal gain). The Crucible provides an example of how convenient lies can build on one another to create a universally accepted truth even in the absence of any real evidence. Even before the witch trials, the people of Salem are doing lots of little magic tricks to make all their unholy thoughts and actions disappear. AbracaDENIAL! How to Write AboutThe CrucibleThemes It's one thing to understand the major themes in The Crucible, and it's another thing completely to write about them yourself. Essay prompts will ask about these themes in a variety of different ways. Some will be very direct. An example would be something like: "How are themes like hysteria, hunger for power, reputation, or any of a number of others functional in the drama? Choose a single character and discuss how this person embodies one of the themes. How is Millerââ¬â¢s underlying message revealed in one of these themes and through the character?" In a case like this, you'd be writing directly about a specific theme in connection to one of the characters. Essay questions that ask about themes in this straightforward way can be tricky because there's a temptation to speak in vague terms about the theme's significance. Always include specific details, including direct quotes, to support your argument about how the theme is expressed in the play. Other essay questions may not ask you directly about the themes listed in this article, but that doesn't mean that the themes are irrelevant to your writing. Here's another example of a potential essay question for The Crucible that's less explicit in its request for you to discuss themes of the play: "Most of the main characters in the play have personal flaws and either contribute to or end up in tragedy. Explain who you believe is the central tragic character in the play. What are their strengths and personal flaws? How does the central tragic character change throughout the play, and how does this relate to the play's title? How do outside forces contribute to the character's flaws and eventual downfall?" In this case, you're asked to discuss the concept of a tragic character, explaining who fits that mold in The Crucible and why. There are numerous connections between the flaws of individual characters and the overarching themes of the play that could be brought into this discussion. This is especially true with the reputation and hysteria themes. If you argued that John Proctor was the central tragic character, you could say that his flaws were an excessive concern for his reputation and overconfidence in the power of reason to overcome hysteria. Both flaws led him to delay telling the truth about Abigail's fraudulent claims and their previous relationship, thus dooming himself and many others to death or imprisonment. Even with prompts that ask you to discuss a specific character or plot point, you can find ways to connect your answer to major themes. These connections will bolster your responses by positioning them in relation to the most important concepts discussed throughout th e play. What's Next? Now that you've read about the most important themes in The Crucible, check out ourlist of every single character in the play, including brief analyses of their relationships and motivations. You can also read my full summary of The Crucible here for a review of exactly what happens in the plot in each act. The Crucible is commonly viewed as an allegorical representation of the communist "witch hunts" conducted in the 1950s. Take a look at this article for details on the history and thematic parallels behind this connection. Want to improve your SAT score by 160 points or your ACT score by 4 points?We've written a guide for each test about the top 5 strategies you must be using to have a shot at improving your score. Download it for free now:
Tuesday, February 18, 2020
The Inclusion of Children With Learning Difficulties in Mainstream Essay
The Inclusion of Children With Learning Difficulties in Mainstream Classrooms is Fine in Theory - Essay Example In Ireland the government has taken initiative towards the development of inclusive education in mainstream schools which has yielded mixed results. Background The move into inclusive education was initiated by parents of children with SEN who were concerned with the availability of appropriate institutions for their children. As a result, the Republic of Ireland signed an EU Council of Ministers Charter which led to the promotion of inclusion in schools by the Department of Education. In 1992, the Green Paper on Education highlighted the need to develop educational systems that were inclusive and provided those that were socially, physically, mentally or economically disadvantaged with equal opportunities. The Report of the Special Education Review Committee in 1993 laid the groundwork for inclusive education in Ireland. The reports proposed seven principles for the future of inclusive education which included; all children have a right to suitable education, the needs of the child should be the first priority while considering the route of education, the parents of children with SEN should be allowed to take an active part in decisions about their childââ¬â¢s education, a range of services that include education in a regular school with additional support, Special educational needs should be provided in ordinary schools unless individual circumstances make it impractical, only in extreme cases should it be necessary for the child to live away from home to receive suitable education and the state should provide the resources required to enable children with special educational needs to receive education according to their needs. In accordance with these principles, the White Paper on Education Charting our... This report approves that theoretically speaking inclusive education is an ideal system to integrate students with special needs into the mainstream. Inclusive education not only results in better academic performance by such students but also increased social interaction and rehabilitation for them. Inclusive education results in students in SEN receiving the same education and environment that regular students and thus preparing them for the real word and enabling them from the beginning. This helps adjustment in real life and greater chances of success in the future; it also helps in maintaining social relationships with other children and learning socially acceptable norms of behavior. It also increases a sense of belonging and decreases discrimination. This essay makes a conclusion that Inclusive education for children with special needs is a concept that works in practical life as well but like most other concepts it needs proper regulation and structure. In Ireland, although there is legislation and regulation schools need to be committed to inclusive education and cater to the needs of the students. Teachers need to get professional training and maintain positive attitudes. There should be greater collaboration among schools and other agencies as well as parent and school collaboration. Children should be taught to include their SEN counterparts and view them as their own. Inclusive education is a successful way of integrating special children in society although there are many challenges need to be overcome.
Monday, February 3, 2020
Politics and Administration Essay Example | Topics and Well Written Essays - 1750 words
Politics and Administration - Essay Example All of these states were once colonies and had gained their independences through hard struggle, though they decided to converge together and form a central government or confederacy, named the United States of America (McGraw-Hill, 1999). The states were colonies which decided to converge for a better security status and strength against their enemies and colonizers, forming the central government for the signing of treaties, declaration of war or the raising of arms (McGraw-Hill, 1999). However, due to the security and independence of individual states, the central government was given a limitation on the regulation of trade and the imposition of taxes (McGraw-Hill, 1999). The social contract theory had many restrictions in both sociality and movements, which delivered the Articles of Confederation that was seeking remedies for the loop holes in the social contract theory. The social contract theory was a brainchild of John Locke, David Hume and Jean-Jacques Rousseau, which is a de scription of how people converge together and establish agreements or contracts on living harmoniously together for mutual benefit (Wilson, 2011). As a strategy to defeating their colonizers and enemies, the states converged and entered into a strong relationship league for stronger common defense and security of their liberties (McGraw-Hill, 1999). ... ates was closely guided by common ideologies amongst the states, and the formation of common guiding legal frameworks and policies in the Central Government. The Central Government was designed to serve as a common secure ground for all the member states, which had created perpetually mutual relations, with enhanced contacts and social interactions within the states (McGraw-Hill, 1999). The Articles of Confederation set a common equal ground for social interaction and free movements within all the member states, with an exception of law fugitives and paupers, where the internal immigrants who originate from either of the member states were bound to enjoy the same privileges and immunities as the resident citizens (McGraw-Hill, 1999). It enhanced the free ingress and regress within the states for citizens of any of the states, as opposed to the restricted movement of people as dictated by the existence of the social contract theory. The formation of the Articles of Confederation, that delivered the United States of America, was greatly beneficial to the citizens of the member states (McGraw-Hill, 1999). All the citizens from within any of the states enjoy common and unbiased privileges of trade and commerce in any of the states, and a common tax and duty imposition. This is an improvement and amendment due to the social contract theory that only allowed equity in privileges for citizens of a specific state, which were bound to be denied or adjusted in of the other states (Wilson, 2011). The Articles of Confederation allowed for the free movement of citizens within the states, with no taxation or duty imposition on imported property or habitation restrictions for inter-state migrants. On the contrary, the social contract theory dictated tax and duty imposition on the
Sunday, January 26, 2020
The Doctrine Of Judicial Precedent Law Essay
The Doctrine Of Judicial Precedent Law Essay Judicial precedent also called case law. It is the system adopted by judges where the judges follow previous decisions.1It simply means that the previous decision made by judges in similar cases are binding upon future cases depending on the hierarchy of the court. Therefore, under judicial precedent, a lower court is bound to follow the decision made by a higher court when there is a case which has similar material facts to a case that has decided by a higher court. Whether or not the decision is correct, a court is bound to follow the ratio of any decision by a court above it in the hierarchy. For example, according to the hierarchy of the court system in Malaysia, Court of Appeal, High Court and Sessions Court is under Federal Court. Therefore, Federal Court decision automatically binds the Court of Appeal, High Court and Sessions Court. The diagram of hierarchy refers to appendix 1. In English Law, the system of binding precedent is called stare decisis. The principle of stare decisis involves ratio decidendi and obiter dictum. Ratio decidendi is the legal principle of the case which is binding on the lower courts. It is also the reason for deciding.2 Nevertheless, obiter dictum is not binding on the lower courts. Obiter dictum is comments made by the judges.3It means that incidental remarks by a judge which is persuasive only.4 Therefore, the judges have the choice whether to follow or not to follow. If the judges is setting a new precedent and merely making new law because there is a case before him is without precedent then it is called original precedent. However, is the judges is just merely applies an existing rule of law then it is called declaratory precedent. In the case of Donoghue v Stevenson 5, it is about the plaintiff, Mrs Donoghue went to a cafà © with a friend, who had bought her a drink of ginger beer. She had poured some of the drink into a glass and consumed it. After drinking most of it, she found a decomposed snail inside the bottle while she drinking the ginger beer. After that, Mrs Donoghue became unwell and ill. So, she decided to sue the manufacturer of the ginger beer who is the defendant. On that time, the usual remedy for damage caused by a defective product would be an action in contract. Nevertheless, Mrs Donoghue did not have any contract with the manufacturer of ginger beer even the cafà © owner. The one who have contract with the cafà © owner is Mrs Donoghues friend. This is because the ginger beer is bought by her friend but not Mrs Donoghue herself. Although Mrs Donoghues friend have contract with the cafà © owner, her friend also cannot sued for remedy damage because her friend did not get hurt by the ginger beer. As ginger beer was not a dangerous product, and the manufacturer had not fraudulently misrepresented it, the case also fell outside the scope of the established cases on product liability. 6 The House of Lords had state that the manufacturer of ginger beer owed a duty of care to the Mrs Donoghue. The manufacturer of ginger beer must have duty of care to the end customer of its products. In this case, the manufacture of ginger beer had breached the duty of care. Therefore, Mrs Donoghue is entitled for the remedy of damages. This case is binding on the lower courts because this was a unique case it was decided to first establish. Once this ratio or legal precedent was established other similar claims are followed. After that, there is another case which is Grant v Australian Knitting Mills Ltd .7 This case is closely related to the Donoghue v Stevenson case. In Grant v Australian Knitting Mills Ltd case, Dr Grant, the plaintiff had bought an undergarment from a retailer. The undergarment is manufactured by the defendant, Australian Knitting Mills Ltd. Dr Grant was contracted dermatitis. The undergarment was in a defective condition owing to the presence of excess of sulphite. It was found that the manufacturer had been negligently left in it in the process of manufacture. In this case, the buyer sued the retailer in contract and the manufacturer in tort. The Privy Council held that the defendants were liable to the plaintiff although there is no privity between Dr Grant and the manufacturer. The decision of this case is bound to the Donoghue v Stevenson case since there are similar cases. Here, In 2010, Mr. Justice Peter, a higher court judge sitting alone in deciding a case which has similar material facts to one decided by the Court of Appeal in 2009. Based on the explanation of doctrine of judicial precedent and the example of cases above, therefore, he is bound to the decision made by the Court of Appeal. ______________________________________________________________________________ TAR College Note TAR College Note TAR College Note Text book, Principles of Business and Corporate Law, Malaysia, pg 20 [1932] AC 562 Text book, Principles of Business and Corporate Law, Malaysia, pg 339 [1936] AC 85 Question 1(b) There are some strengths and weaknesses of case law as a source of law. The first advantage is uniformity. Everyone is treated equally1 and will get same punishment for the same case or offence. For example, in the case of Donoghue v Stevenson (1932) AC 562, the decision is Mrs Donoghue is entitled for the remedy of damages in the case. Therefore after that, this case is bind. So when there is case which has similar facts with this case Grant v Australian Knitting Mills Ltd (1936) AC 85, the plaintiff is entitled for the claims of damages by following the case of Donoghue v Stevenson. There is uniformity as everyone is treated equally and it is fair for them. The second advantage will be certainty. There is certainty because if the problem has been solved before, the court is bound to adopt or follow the solution.2 Thus, the lawyer can do the research so that they can advise or tell more accurately to their client the punishment of the case. When Grant v Australian Knitting Mills Ltd (1936) AC 85 happened, the lawyer can roughly know what is the punishment or solution to settle up this case as previously there is a similar case Donoghue v Stevenson (1932) AC 562 happened and the judges have to bind and follow the decision. Predictability is the third advantage. This is because when there are cases that have similar materials facts with the previous cases, the lawyers can roughly know what is the outcome of the new case. By forecasting the outcome of the case, the lawyers can tell their clients the percentage of the winning rate. [Donoghue v Stevenson (1932) and Grant v Australian Knitting Mills Ltd (1936)] So, the lawyer can refer to Donoghue v Stevenson (1932) and tell their clients what is the percentage of winning the case and what are the solutions for that case or is it worth to continue up this case. Besides, the other advantage of case law is less legal cost incurred. This is because the case can be resolved and settled quickly3. When there is a decisions made by judges previously on similar material facts, they can save money. This is because there already have the previous examples, so they can settle the case quickly as they can follow the decisions of the previous one. Then this can shorten the duration of the case, and this can help to save up the legal costs that need to be paid. Other than that, personality of the judges will not influence the outcome of a dispute in court as judges will be bound to follow the previous decisions.4 When there is judicial precedent, the judges cannot make the decision by its own thinking or idea which might influence the offender future. This is because every person got their own personalities, included the judges themselves. So one of the advantages is the judges have to follow the previous decisions. So that everyone will get the same punishment and this is fair for everyone. On the other hand, case law has its disadvantages too which we known it as weaknesses. One of the weaknesses is bulky and complex. Sometimes there are too many cases and too many laws that no one can learn all of it.5 When there is a case happened which have the similar material facts with previous one, the lawyer has to refer to the previous case. When lawyer need to read all the cases and refer to them, it is quite complicated for lawyers as they do not know what is the best reference. For example, in the case of Phillips v Brooks [1919] 2 KB 243 Horridge J and Ingram v Little [1960] 3 All ER 332, CA. The results of these 2 cases are different, but there are similarity facts. Then, in the next case [Lewis v Averay [1971] 3 All ER 907, CA] the judges decided to follow the decision of Phillips v Brooks and doubting Ingram v Little. If the lawyer feels that the chance of winning is higher after see the result of case Ingram v Little, at the end it might disappointed them. So, it is so complicated and bulky for the lawyers as they cannot decide which one is the best refe rence for them. In addition of that, sometimes it is rigidity or not flexible which means that it may sometimes cause hardship.6 Once it is created it is binding until it is being overruled.7 When there are bad decisions made on previous cases, the new case which has the similar material facts with it has to follow the bad decision too. It is so unfair for them. Lastly, we know that only the ratio of the case is binding in a case.8 So the weakness of case law is sometimes the ratio decidendi of a case is very difficult to find. So the problem occurs when it is very difficult to tell which part is the ratio decidendi and which is the obiter dictum of the case. For example in the case of Donoghue v Stevenson (1932) AC 562, the House of Lords said the manufacturers had a duty of care to the consumer of their product. Then, this decision that the House of Lords made is certainly encouraging subsequent judges to break out of the shackles of the past, it was thought at the time to be obiter and was regarded as too wide a statement of the law. However, it was approved by Lord Reid in Home Office v Dorset Yacht [1970] 2 All ER 294 by saying that it is ought to apply unless there is some justification or valid explanation for its exclusion. Thus, the principle is now treated as ratio at least in relation to physical injury and damage to property whic h subject to certain limitations. So, sometimes it is difficult for the judges to decide which part is ratio and need to follow or not. ______________________________________________________________________________ 1. TAR College Note 2. TAR College Note 3. TAR College Note 4. TAR College Note 5. TAR College Note 6. TAR College Note 7. TAR College Note 8. TAR College Note
Saturday, January 18, 2020
Benazir Bhutto Shaheed Bibliography
Benazir Bhutto , 1953-2007, prime minister of Pakistan (1988-90; 1993-96), daughter of Zulfikar Ali Bhutto . Educated at Radcliffe and Oxford, she returned to Pakistan shortly before her father was overthrown by General Zia ul-Haq in 1977. Under detention and then in exile, she returned in 1986 to lead the Pakistan People's party (PPP) and to fight military rule. In Nov. , 1988, three months after President Zia ul-Haq died in a plane crash, Bhutto's alliance gained a narrow majority in parliamentary elections, and she became prime minister, the first female leader of a Muslim nation.Her government, marked by continuous intrigue and able to accomplish little, was dismissed by President Gulam Ishaq Khan in Aug. , 1990. He accused her, her husband, Asif Ali Zadari, and her party of corruption. Zadari was held (1990-93) on various charges, although eventually acquitted, and the PPP lost the late 1990 elections. In 1993, Bhutto again became prime minister. By then a more seasoned politici an, she made alliances, including with the military, that enabled her to deal with some of Pakistan's deep-seated problems.In Nov. , 1996, though, her government was again dismissed. Zadari was accused of murdering Bhutto's brother, a political rival, as well as of accepting kickbacks, and was imprisoned; sweeping corruption charges were brought against Bhutto. In 1999, Bhutto and Zadari were both convicted of corruption; Bhutto appealed the verdict while living in exile in England and the United Arab Emirates.In 2001 the Pakistani supreme court set aside the corruption charges facing Bhutto and Zadari and ordered their retrial, but a Swiss court convicted the couple of money laundering in 2003. Bhutto was barred from running in the 2002 Pakistani parliamentary elections. Zadari was released from prison in 2004, a move that appeared designed to improve the Musharraf government's relations with the PPP; he subsequently left Pakistan. In Oct. 2007, after extended negotiations with the government, Bhutto returned to Pakistan, intending to run for prime minister in the scheduled Jan. , 2008 elections. On her return, she survived an attempt on her life that killed more than 130 persons, but was assassinated two months later in an attack, widely ascribed to Islamic militants, that followed a political rally in Rawalpindi. Her 19-year-old son, Bilawal Bhutto Zardari, assisted by her husband, succeeded her as PPP leader.
Friday, January 10, 2020
Heroes & Odysseus Essay
This paper will seek out to explore the way in which Odysseus and Oedipus were created as heroes and how they either missed their mark or did indeed become legendary. Throughout Homerââ¬â¢s chronicle, The Odyssey, are found the feats of cunning, strength, moral fiber and bravery attributed to Odysseus. The tale recounts the days after the fall of Troy, and the meandering journey which took Odysseus back to his homeland ââ¬â though never truly home. The Odyssey begins with Odysseus stranded on a small forest island ââ¬â trapped by the goddess Calypso while Oedipus begins with the oracle of Delphi stating that Oedipus will live to kill his father and marry his mother and thereby wrecking his home. It is explained through the text that the gods, save for Neptune have begun to pity Odysseus because of the great suffering he had endured. This suffering is explained to be of ââ¬Å"every kind of blandishment to make him forget his home, so that he is tired of life. â⬠(Book I) Calypso is intent on forcing Odysseus to marry her, but he does not falter to her whim, but still longs for his wife and home. Oedipus on the other hand does fulfill the oracleââ¬â¢s prophesy and no god saves him or pities him his fate. This is brought to the attention of Jove, or Zeus, son of Saturn and most powerful of the gods. The goddess Minerva calls to Jove to end the suffering of Odysseus, to which Jove replies: My child, what are you talking about? How can I forget Ulysses than whom there is no more capable man on earth, nor more liberal in his offerings to the immortal gods that live in heaven? (Book I) It is through the voice of Jove, the king of all the gods and goddesses that the reader is shown the esteem that Odysseus has gained. Jove calls Odysseus the ââ¬Å"[most] capable man on earthâ⬠, which intends to illustrate the favor that he has earned from the gods. When it is decided by Minerva and Jove that Odysseus will be allowed to return home, Minerva travels to Ithaca ââ¬â the home of Odysseus to tell his son to prepare for his fatherââ¬â¢s return. However the situation on Ithaca has become troubled as many suitors are vying for the hand of the, presumed, widow of the king. During this debate, Telemachus, the son of Odysseus convened the council and spoke of the trouble that had fallen on his house. My grieveance is purely personal, and turns on two great misfortunes which have fallen upon my house. The first of these is the loss of my excellent father, who was chief among all you here present, and was like a father to every one of you [â⬠¦]. (Book II) Here, it is shown that not only was Odysseus capable of pleasing the gods, but also he was a great and fair leader. The council of Ithaca, though his subordinates, where treated as his own children ââ¬â rather than simply citizens subject to his rule. It is also during this discourse that Telemachus calls for an end of the forced courting of his mother by saying ââ¬Å"we have now no Ulysses to ward off harm from our doors, and I cannot hold my own against them. I shall never all my days be as good a man as he wasâ⬠(Book II) ââ¬â which then illustrated the strength and power that the presence of Odysseus commanded. Characters in plays are the designated interlopers between the subconscious of the audience or readers. These characters translate into reality and become a relatable experience because the hero has one tragic flaw that conquers them, ruins them, and brings them humility. This fallible nature is show the imperfections of humanity designed through sin; sin is one of the many idiosyncrasies which mark us as human, that create specific characteristics and through confession or the confession of characters in a play, this nature becomes like a myth in the end there is death or forgiveness. Aristotleââ¬â¢s definition for a tragic hero is one who is not in control of his own fate, but instead is ruled by the gods in one fashion or another. The tragic hero for Aristotle is tragic because of their lack of control or will in the face of their predetermined future and downfall. A great tragic flaw (hamartia) is the heroââ¬â¢s devil may care attitude at the beginning of each story, and then their despondency and stagnation of hope that meets them at the end of the play (Aristotle Ibid. , Book XIII, 1085b 35 & 1086a 12ââ¬â14, P. 909]. In drama, ego is the flaw to which the hero succumbs. This is Oedipusââ¬â¢ great error. His ego is a compromise to his fortune. Even in the godsââ¬â¢ world he stands out as unique or special. Heroes begin their stories with aplomb of luck, or ego, or a rosy view of the world, and each play seems to end with destruction. Oedipus is blind at the beginning of the play and then becomes physically blind at the end of the play thus making the ethereal concrete. With Greek drama; the tragedy of the unmistakable truth found in the characterââ¬â¢s own self-realization is the typically denouement. The playwrightââ¬â¢s tragic heroes have survived in life under false pretences, thus they are doomed to suffer from their one flaw of ego. It is interesting that while ego is Oedipusââ¬â¢ downfall it is Odysseusââ¬â¢ strength for it is ego which allows him to continue trying to find his home even after decades of looking. By the forth book of The Odyssey, Odysseus is still making his way home, and the tales of his exploits are recalled. As Helen, wife of Menelaus, and the cause of the Trojan war spoke of Odysseus, she recalled his cunning and forethought in his dealings with Troy. ââ¬Å"I cannot indeed name every single one of the exploits of Odysseusâ⬠, Helen told the men, ââ¬Å"but I can say what he did when he was before Troy. â⬠(Book IV) Helen recounted Odysseus donning a disguise and entering the city dressed as a beggar. Though she saw through the disguise and recognized him, she was unable to question him because ââ¬Å"he was too cunning for meâ⬠. (Book IV) It was the plan of Odysseus to gather information on the city, and kill some of the soldiers before returning his army ââ¬â which, as Helen recalled, he did. This praise of Odysseus was echoed by her husband, Menelaus. After Helen had spoken, Menelaus said ââ¬Å"I have traveled much, and have had much to do with heroes, but I have never seen such another man as Odysseus. What endurance too, and what courage he displayedâ⬠. (Book IV) The strength and bravery of Odysseus, as recounted by Menelaus, illustrated the degree to which Odysseus had gained favor among his fellow Grecian kings. In Oedipus there is another case of fate controlling the destiny of man. Due to fateââ¬â¢s interference in the lives of heroes, it must be pondered whether or not they are heroes because they are devoid of choice and by definition a hero chooses their actions, but with fate, their actions are predestined. For Oedipus, his only link to heroism is that in his redemptive attitude . His heroic stance in Greek culture is seen as a protagonist who felt guilt for what he had done and this translates to the audience that if a hero can succumb to evil then they themselves, as less than heroic, are more likely to fall in favor, in the eyes of the gods. Human nature is a nature of reason, not strictly adherent to passion or feelings, and in drama playwrights strive to be exact in their representation of reality. Morality then, becomes the crux of Oedipus Rex. Morality is reason. This is not to say that Plato and other classic Greek writers were ascetic; rather they placed passion, and feelings in their plays but the ethics of humanity are tied into the good of a person because reasonably, being virtuous, or good leads a character to happiness or release at the end of a modern play. The word for this given by Plato is eudemonism, which means blissful. Throughout The Odyssey, many individuals recount the feats of Odysseus. His exploits had gained him favor from man and God alike ââ¬â something afforded to very few others in history or mythology. It was the total of every aspect of Odysseusââ¬â¢ persona that he gained this favor. Throughout his life he had shown courage, fairness, loyalty, strength and cunning ââ¬â and it is because of these traits that Odysseus is remembered. As a Greek hero, Oedipus is controlled by fate: His remittance of gouging his eyes shows that he is a strong hero because of his debt payment of sight. For Oedipus the flaw could be contained within the word ego while Odysseusââ¬â¢ heroism is marked by it. Ego in answering the sphinx riddle and unbeknownst to him killing his birth father, marrying his mother, having children; ego accounts for all of Oedipusââ¬â¢s actions, and it is fate which had designed ego and thus was the ultimate ruler of Oedipus and luck for Odysseus but both are considered heroes. Works Cited Aristotle. Sophocles. (1977). The Oedipus Cycle. Harcourt Inc. Florida. Homer. ââ¬Å"The Odysseyâ⬠. trans. Samuel Butler. University of Oregon. Date of Access: April 30 2009. URL: http://darkwing. uoregon. edu/~joelja/odyssey. html
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