Monday, May 25, 2020

Evil Unmasked A Character Analysis - Free Essay Example

Sample details Pages: 9 Words: 2835 Downloads: 10 Date added: 2019/04/12 Category Literature Essay Level High school Tags: Frankenstein Essay Did you like this example? Scientist Albert Einstein once said, The world is a dangerous place to live; not because of the people who are evil, but because of the people who dont do anything about it (Einstein). In the novels Frankenstein by Mary Wollstonecraft Shelley and Dr. Jekyll and Mr. Hyde by Robert Louis Stevenson, two of literatures most infamous scientists, Dr. Jekyll and Frankenstein labor to create and later unleash dangerous creatures who prey on the innocent with catastrophic consequences. In each novel, both men shirk the mantle of accountability and place blame at the feet of the monsters they begot. The question is not whether or not they are each partially culpable for their creations destructions, but rather, which of the pair is the most guilty? After investigating the motivations, morals, intentions, relationships, willingness to take accountability, and ultimate consequences of their actions, I concluded that despite Frankensteins creature committing more atrocities, Dr. Jekyll is the guiltiest, and worse, the true quintessence of evil. Don’t waste time! Our writers will create an original "Evil Unmasked A Character Analysis" essay for you Create order Dr. Jekyll and Frankenstein are both well respected affluential men whose passion for science drive them to explore unknown realms of science. However, their motivations and intentions for their scientific explorations differ. Victor Frankenstein is driven by ambition; he wanted to create a new race of humanoid creatures. His ambition and megalomania are ultimately his downfall. Frankenstein says A new species would bless me as its creator and source; many happy and excellent natures would owe their being to me. I might in process of time (although I now found it impossible) renew life where death had apparently devoted the body to corruption (Shelley). The innovative and arrogant scientist not only seeks to create life, he wants to cheat death. Frankenstein wants to be admired and lauded by the scientific community and all who know him. His motivations are never primal or existential. Frankenstein wants glory. His intentions in creating the monster are selfishly motivated but he never seeks to hurt anyone or create an evil. Frankensteins ambition blinds him to the full spectrum of responsibility he would ideally need to shoulder in order to be a just creator. His personal failings in that area lead Frankenstein and his creature down their treacherous path. Fear, desperation, and vanity motivate Dr. Jekyll. The doctor wants to indulge his darker side without consequence to his reputation. The creation of Mr. Hyde allows him to act out his darker impulses without fear of retribution or disgracing his character. He is quoted as saying, the worst of my faults was a certain impatient gaiety of disposition, such as made the happiness of many, but such as I found it hard to reconcile with my impervious desire to carry my head high (Stevenson). Dr. Jekyll is internally warring with his desire for a pristine public image and the desire to indulge in depravity. His internal struggle is not as black and white as good versus evil; his willingness to do good stems from his desire to be seen as a dignified philanthropic doctor, not from any innate goodness. His intention is to physically transform himself into a creature that embodies his darkest instinct. Frankensteins motivations might be selfish, but he does not foresee the consequences of his choices while he was making them. His intentions were pure. The same cannot be said for Dr. Jekyll because he labors to separate his dual natures and surrender control to the evil side of his nature. Despite his inability to know the ultimate consequences of his choice, the only outcome Dr. Jekyll could feasibly and rationally expect would be terrible. Dr. Jekyll has no intentions of vanquishing or quieting his dark side; he initially chooses to embrace it without hesitation or remorse, until, and only until, the consequences threaten his own existence as Dr. Jekyll. When discussing the monsters that Frankenstein and Dr. Jekyll create, a key and imperative distinction is that Frankensteins monster is a separate entity capable of intelligent thought and autonomy of self while Mr. Hyde is an extension of Dr. Jekyll. In the letter that Dr. Jekyll leaves for his friend and lawyer, Mr. Utterson, Jekyll refers to Mr. Hyde as pure evil but yet, also states, I knew myself as the first breath of this new life, to be more wicked, tenfold more wicked, sold a slave to my original evil; and the thought, in that moment, braced and delighted me like wine when referring to his transition from Dr. Jekyll into Mr. Hyde (Stevenson). Dr. Jekyll creates the persona of Mr. Hyde as if Mr. Hyde is anything other than the physical manifestation of his own evil. In his letter to Mr. Utterson, he recounts his own thoughts as Mr. Hyde; meaning, he retains control of his person and the ability to contrast his own nature as Dr. Jekyll with who he is as Mr. Hyde. Dr. Jekyll is not simply the vessel in which Mr. Hyde lurks within; Dr. Jekyll is Mr. Hyde and, is therefore solely and completely responsible for the crimes he commits as Mr. Hyde. Even the name Dr. Jekyll dubs his alter ego, Hyde, suggest that Mr. Hyde is the mask in which Dr. Jekyll hides behind (Saposnik). Frankensteins cruel treatment of his creature is deplorable and apathetic to an almost criminal degree, but he does not think for, act, or control the monster. He may have shaped the creature into a violent murderous machine, but Frankenstein did not commit those atrocities himself. Dr. Jekyll is evil and chooses not to act on his impulses out of fear of being discovered. When he devised a way to be evil without personal accountability, the prospect of vicarious depravity thrilled him until the consequences became too great to bear (Stevenson). The attitudes in which the scientists regard their creations and in which the creatures regard their creators offers insight into the character of each scientist. From the first, Frankenstein is repulsed by his creations visage. After two years of toiling to create his monster, he says For this I have deprived myself of rest and health. I desire it with an ardor that far exceeded moderation; but now that I had finished, the beauty of the dream had vanished, and breathless horror and disgust filled my heart (Shelley). Frankenstein abandons his vision and, his monster wanders into the world, a social pariah from the instant his heart started beating. Dr. Jekyll initially clings to Mr. Hyde like a treasured possession. Mr. Hyde is Dr. Jekylls wildest dream come true; Hyde allows Jekyll to relish in the duality of his personalities and nature without consequences. It is only when Dr. Jekyll loses the ability to control the transformation that he becomes frightened of the consequences that his alter ego might incur. Frankensteins creatures emotions toward his creator are a heady mixture of hate, sorrow, and love. The creature hates Frankenstein for creating him, abandoning him, rejecting him, and forcing him to lead a solitary hopeless existence. In return, the monster essentially destroys Frankensteins life as he uses murder and destruction to force his creator into an existence as lonely and desolate as his own. You can see the monsters affection for his creator by the monster never seeking to murder Victor himself, his emotional response to Frankensteins death near the end of the novel, and when Frankenstein hunts his monster acr oss the ice, he finds food that, in all likelihood, the monster has left for him. Frankenstein shaped his creature into a desperate and volatile monster. He lacks compassion, empathy, and the ability to take accountability for his action but, his faults, terrible and pathetic as they may be, are not strictly evil. Mr. Hyde is indifferent to Dr. Jekyll. As Mr. Hyde, he is fearless, impulsive, and dangerous. Mr. Hyde is not caged or plagued by the human emotions of fear, guilt, shame, compassion, or love. He is only ever apathetic and evil. This gets confusing as Dr. Jekyll is Mr. Hyde, so why would he not care about himself? As Mr. Hyde, Dr. Jekyll is not hindered by emotion. The only emotion he could be accused of is fear for himself when the unpredictability of the transformations leaves him vulnerable to exposure. Part of the experience of being Mr. Hyde is the liberation from emotional and social constraints that suffocate him as Dr. Jekyll. He would never be moved to any emotion as pure as gratitude or respect because Mr. Hyde is the most inhumane and evil aspects of Jekyll. Frankensteins rejection of his creature is cruel and callous, but his flaws show him to be a (terrible and insufferable) human (Sherwin). He didnt embark on his mission to create life with the aim to create evil, but Dr. Jekyll did. The character of the two scientists are revealed through their interactions with their creations. When examining which scientist is the guiltiest, it is important to consider the consequences and destruction both creatures hazard against others. Frankensteins creature murders Frankensteins younger brother, William; Frankensteins new wife, Elizabeth, and Frankensteins best friend, Henry Clerval. Indirectly, the monster is culpable in the death of Justine Moritz, Frankensteins father, and Frankenstein himself. The creature frames Justine Moritz for the murder of William Frankenstein. Frankensteins father, Alphonse, dies from grief over the death of Elizabeth. Victor Frankenstein dies from illness in the pursuit of the destruction of his creature. Stevenson never recounts the full extent of all of Mr. Hydes crime but alludes to sexual deviance and torture. Instead, Stevenson provides insight into two different accounts. The first being Mr. Hyde trampling a young girl and promptly abandoning with hurt child in the street. The second is his most heinous crime; Mr. Hyde brutally beats to death a member of parliament, Sir Danvers Carew, for no distinguishable reason. Indirectly, Mr. Hyde is responsible for the death of Dr. Jekylls friend and fellow scientist, Dr. Lanyon. Upon witnessing the transformation of Mr. Hyde into Dr. Jekyll, Dr. Lanyon states, I saw what I saw, I heard what I heard, and my soul sickened at it; and yet now when that sight has faded from my eyes, I ask myself if I believe it, and I cannot answer. My life is shaken to its roots (Stevenson). Dr. Lanyon never recovered from his encounter with Dr. Jekyll and Mr. Hyde and soon died of an unexplained illness. Like the crimes of Mr. Hyde, the death of Dr. Jekyll is somewhat murky. In his final letter to Utterson, Jekyll wonders whether if Mr. Hyde will choose execution or suicide when he inalterably possess Jekyll. Utterson later finds Mr. Hyde dead from cyanide poisoning. It is unclear in which form (Dr. Jekyll or Mr. Hyde) he was in when he chooses to ingest the point. It is difficult to pinpoint which monster committed the most atrocities since the extent Mr. Hydes crimes are never definitively outlined. Based on the crimes solely depicted in each text, Frankenstein and his monster caused the most destruction with the deaths of no less than six people (seven people if you presume the monster ended his own life after the novels end). Mr. Hyde is responsible directly and indirectly of three people if you include Mr. Hyde ingestion of cyanide killing himself/Dr. Jekyll as onl y one death. The most disturbing and insightful revelation into the minds of Dr. Jekyll and Victor Frankenstein comes to light in their reaction to the crimes in which they are culpable. In his letter to Mr. Utterson, Jekyll takes accountability for the murder of Sir Danvers Carew and his altercation with the young girl. He details that the crimes were committed as Mr. Jekyll but the only blame he places is at his own feet as a consequence of his own duality of nature (Spasonik). As far as remorse, In his letter to Mr. Utterson, Dr. Jekylls details his thoughts after the death of Sir Danvers Carew, stating, I resolved in my future conduct to redeem the past; and I can say with honesty that my resolve was fruitful of some good. You know yourself how earnestly in the last months of last year, I laboured to relieve suffering; you know that much was done for others, and that the days passed quietly, almost happily for myself. Nor can I truly say that I wearied of this beneficent and innocent life; I think instead that I daily enjoyed it more completely; but I was still cursed with my duality of purpose (Stevenson). His statement suggests a man who feels some remorse for his action but, justifies them with musing of his own internal struggles. The remorse he feels for his crimes is superficial and, most importantly, it does not outweigh the joy he feels in being Mr. Hyde. Jekylls issue lays in the fact that since Mr. Jekyll is known to be the murderer of Sir Danvers Carew, it is no longer safe for Jekyll to assume the physical appearance of a man marked for death. Dr. Jekyll declares, Jekyll was now my city of refuge; let but Hyde peep out an instant, and the hands of all men would be raised to take and slay him (Stevenson). Throughout the novel, Dr. Jekyll is only truly concerned about his own fate and what the consequences of his actions are in regard to himself only. Victor Frankenstein is plagued by remorse and regret to the degree that it is hard for him to accept his role in the demise of his loved ones. He is quoted as saying, I beheld those I loved spend vain sorrow upon the graves of William and Justine, the first hapless victims to my unhallowed acts (Shelley). Frankenstein regrets and mourns the loss of his loved ones and even acknowledges his role in their demise, but ultimately, he places blame for their deaths at the feet of the monster and refuses to acknowledge his role in the horrors occurring when they begin to spiral out of control. For example, he knows the monster killed William, but he allows Justin to be executed for the crime because he does not want to be thought of as deranged. Throughout the novel, when Frankenstein recounts the grief and tragedy those around him endure, he always feels the need to note this his suffering is somehow more poignant. Victor Frankenstein labors under the delusion that no one suffers more than himself. This self-serving coping device provides an insight into the mind of the scientist who never fully takes accountability for his role in the destruction of his life. Dr. Jekyll and Victor Frankenstein both bemoan the catastrophes that plague them throughout the novel, but both men fail to realize their own selfish enterprises are what bring about their destruction. In his letter to Mr. Utterson, Jekyll paints the picture of his death in his surrender to Mr. Hyde, but earlier in the letter he recounts his autonomy and own feelings while in the form of Mr. Hyde. Frankenstein ceaselessly blames the monster for the murders of those he holds most dear, but only blames himself in the physical creation of the monster and not in the emotional trauma the monster endures at his hands. As a man, Frankenstein is flawed; he lacks compassion, empathy, and selflessness. He is not good, but he is never intentionally evil. Dr. Jekyll knows what he is doing in his quest to create Mr. Hyde. Jekyll knows Hyde will be and is evil. He chooses to proceed regardless. Jekyll is not a victim of his transformation into Mr. Hyde, he relishes in it until his inability to control the transformation leaves him vulnerable. Frankenstein and his monster may be responsible for the loss of more human life, but Dr. Jekyll is aware of his evils and brings it forward for his own selfish purposes. Citations Kestner, Joseph. Narcissism As Symptom and Structure: The Case of Mary Shelleys Frankenstein. Nineteenth-Century Literature Criticism, edited by Jessica Bomarito and Russel Whitaker, vol. 170, Gale, 2006. Literature Criticism Online, Accessed 5 Dec. 2018. Originally published in Frankenstein, edited by Fred Botting, Macmillan, 1995, pp. 68-80. Toumey, Christopher P. The Moral Character of Mad Scientists: A Cultural Critique of Science. Science, Technology, Human Values, vol. 17, no. 4, 1992, pp. 411â€Å"437. JSTOR, JSTOR, Saposnik, Irving S. The Anatomy of Dr. Jekyll and Mr. Hyde. Short Story Criticism, edited by Jelena O. Krstovic, vol. 126, Gale, 2010. Literature Criticism Online, Accessed 5 Dec. 2018. Originally published in Studies in English Literature, 1500-1900, vol. 11, no. 4, Autumn 1971, pp. 715-731. Shelley, Mary Wollstonecraft, 1797-1851. Frankenstein, Or, The Modern Prometheus : the 1818 Text. Oxford ; New York :Oxford University Press, 1998. Print. Sherwin, Paul. Frankenstein: Creation as Catastrophe. PMLA, vol. 96, no. 5, 1981, pp. 883â€Å"903. JSTOR, JSTOR, Stevenson, Robert Louis, 1850-1894. The Strange Case of Dr. Jekyll and Mr. Hyde. London :New English Library, 1974. Print.

Friday, May 15, 2020

Cost Containment A Way For Us Health Care Delivery System

Cost containment is a way for the U.S health care delivery system to solve inflation in cost which will save money for the hospitals involved. According to â€Å"Health Care Cost Containment: A Contradiction in Terms?† cost inflation has many contributors including the increased cost in hospitalization, advancing medical technology, prescription drugs, professional degrees, legal settlements, and other related services (McConnell CR, 2002, p.70-71). All of these contributors are coming from different aspects of the health care delivery system but they all end up with the same results. Cost containment effort ideas can solve all of those problems as long as they are properly implemented and people really believe in helping to keep costs at a†¦show more content†¦The effort to lower hospital costs for this example may be to create or require them to have a more expensive health care plan through the hospital that will give the facility a larger amount of income from tha t patient. Overall, there are many efforts for cost containment such as monitoring the cost of physician roles, prescription drugs, intensive care, and using extra effort as a registered nurse to avoid legal settlements that will help others and impact the practice of nursing. The first effort that will help with cost containment is monitoring the decisions of physicians. It is thought to be that physicians â€Å"determine who comes into our facilities, how long they stay, and what gets done to care for them along the way† (Rich Daly, 2013) If physicians really do determine all of that stated, then the efforts for cost containment need them to be the leaders. The article â€Å"Putting Physicians in the Lead for Cost Containment† also states that there are many factors that physicians can go through with such as improving daily care while keeping costs low, change procedures to â€Å"yield savings†, and it also states that they should be on top of things to notic e progress. All of those factors stated in the article can contribute to cost containment in a way that also improves the quality of care. The ideas given will help patients by giving them a higher quality of care and it will also help physicians by giving them a

Wednesday, May 6, 2020

The Myth of the American Dream Exposed in Death of a Salesman

Millers work on â€Å"Death of a Salesman† is an example piece of work furthering the social protest involving totalitarianism and the American Dream. Throughout the piece, Miller uses his voice of conscience and passion for the purpose of exposing the truth about the concepts. Using the perspective of Willy, a fictional, working class citizen, Miller picks apart the myth of the American Dream, exploring topics such as abandonment, betrayal, family dynamics, and using interesting symbolism along the way. With reckless abandon, Willy believes in the idea of the American Dream. In fact, thats a bit of an understatement. Willy is a dreamer, one that continues following that until its too late. In â€Å"13th Gen: Abort, Retry, Ignore,†¦show more content†¦When push comes to shove, Willy basically interprets what he wants in the wrong way, which eventually leads to his undoing. His ignorant faith in his own fabricated version of the American Dream is his downfall when he realizes that his life doesnt connect to his version of the American Dream. When abandonment is brought into question, it is clear to see that Willys life is a collection of issues involving just that. Every case of abandonment in his life leaves him in more anguish than ever before. When he was a child, his father leaves him and his brother, leaving them nothing to remember him by, financially, or otherwise. Eventually his brother moves to Alaska, injecting the heart of the issue that is his warped version of the American Dream. As a result, Willy is afraid of abandonment, which influences him to raise his family in a way that will fit the mold of model American citizens. However, his attempt to do so has resonance with the concept that he has lost touch with reality. He feels like a failure. 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Tuesday, May 5, 2020

Innocence and Experience free essay sample

Where ignorance is bliss, ins folly to be wise comes from one of Thomas Grays works. What Gray means by this Is that sometimes It Is better to not know some things about life, and this time Is when you are still young. You are not ridiculed for being innocent because everyone knows that you do not have as much experience as adults do. Thomas Gray misses this aspect of being a kid, but also knows that it is important to learn new things and to understand that the world is not perfect. In Toni Cede Bamboos short story The Lesson, a group of poor African American girls re unaware of how other people live until they meet an African American woman named Miss Moore and she teaches them an Important lesson. The girls find MISS Moore to be Incredibly strange and different due to the fact that she Is an African American, yet she has a goddamn college degree (96) and always looked like she was going to church (96). We will write a custom essay sample on Innocence and Experience or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Miss Moore is not like most African American women during their time in their neighborhood. She always looks presentable, speaks good English, and is well educated.She was the only person in their neighborhood to have n education, and for an African American woman to go to college In their time period was new. Because they live In poverty and they do not have parents who have college degrees, or even went to college, this makes Miss Moore the perfect person to look up to and aspire to be. In order to teach the group of girls a lesson, she takes them to the city, which is filled with several white people dressed in expensive clothing and even one lady in a fur coat, hot as it is (97). It is obvious that this is probably one of the first times that these girls have seen white people. Their first impression to them is that they are crazy. Before going into the store Sugar, Sylvia cousin, asks If they could steal. And she was being serious. Once Inside of the toy store, all of the girls are in shock at how expensive everything is. Sylvia, the narrator of the story, claims that a paperweight is overpriced, But for $480 it dont make sense (98). Then they find a sailboat that costs $1,195 and Sylvia is puzzled and thinks, that much money should last forever (99). The girls go on about how that mind of money could feed them and their families for a long time. They do not understand why somebody would buy something that you will barely use for that much money when you can buy a bunch of other Items that are necessary and are used daily, such as food and clothes. The children begin to understand that the people who buy these kinds of things have lots of money and in order to have that much money, you need a Job. They know that the kind of that gets you that money is one that requires a college degree, and you have to go to college to get that.They probably did not know that they could get one before they met Miss Moore because they were raised In poverty and did not know anybody that had a college degree. This was one of the lessons that that Miss Moore wanted the girls to learn and understand. You need to be confident and do something that will help you get far in life even if nobody else around you is doing it. Another lesson that Miss Moore teaches the girls is that you should always aim to do your best and even more, but still be happy with what you have and not be embarrassed by It.We see that Sylvia realizes that although they are not the richest people, they still got fur dollars anyway;ay (101). Which means that even though they do not have much, they still have something and Just because it is little does not mean it does not have value. Sylvia suggests that they use that money to go to the Hassocks and buy a lot of food that they can share. Sylvia and Sugar race down to the Hassocks and when Sugar gets ahead of her, Sylvia says, she can run if she want to and even run faster.But anti nobody goanna beat me at nothing (101). Even though Sylvia doesnt say it out loud to anybody because of her big ego, we know that Miss Moore was successful in teaching her a lesson. After seeing all of the overpriced toys, she realizes that nobody Just has that kind of money; instead they had to work hard for it. She is happy with whatever she has, whatever it is, but she will still strive to be better and even race to be the best in order to be a success and nobody will beat her.This short story relates to Grays quote because the girls did not know what exactly as going on in the world outside of their neighborhood because they were innocent and still young and did not have any experiences in the city. After Miss Moore took them to the city, they had the experience to see how they relate to the outside world, and they learn that they are opposites. They understand now because of Miss Moore that you should be happy with what you have, but you still should always be persistent in getting better and achieving what you do not have and to not be upset over it.

Saturday, April 11, 2020

Hamlet Essays (803 words) - Characters In Hamlet,

Hamlet Hamlet identifies with an adolescent of the 1990's more than he does with the youth of his own time. Hamlet is immature, sarcastic, and takes action during the heat of passion which is very much like the behavior of the youth in the 1990's. Love, control over action, and the ability to overcome depression are just a few ways to prove maturity. It is obvious Hamlet loves Ophelia in his own way ?. . . the celestial and my soul's idol, the most beautified Ophelia . . .? (Hamlet. II, ii, 109- 110), but his way is not mature enough to include trust toward his lover. The trust that Hamlet should have given her was the key of his madness. This madness that Hamlet cannot trust his love with is the same madness that he loses total control over because of his immaturity; it then causes him to do things, such as kill Polonius, that a person that was mature could stop. The madness that Hamlet assumes is understandable but he can never get over the actual death of his father by still wearing blac k a year later, and the hasty marriage of his mother to Claudius. Compared to Horatio who is calm and cool throughout the play, and Fortinbras who collected an army to fight for his uncle's land and honor, Hamlet's maturity level for his time is low, especially for being a prince. Today Hamlet's age group is more immature than during his own time so he relates to the youth of the 1990's better than he does with the adolescents of his own time. Sarcasm, and blunt rudeness is often used by Hamlet in order to offend people that, during his time, he should not have offended. Hamlet often used the hasty marriage of his mother to offend Claudius. The first time that Hamlet offends Claudius in the company of another person is when Claudius is supposed to be helping cheer Hamlet up. ?A little more than kin, and less than kind.? (Hamlet. I, ii, 65) is just as rude during Hamlet's time as almost anything that a person could say today, it just takes a little thinking for the people of today to get what Hamlet means. The second person that Hamlet is openly rude to is Polonius. Hamlet, in front of Claudius and Gertrude, insults Polonius by calling him ?. . . a fishmonger.? (Hamlet. II, ii, 174) This is not the only way that Hamlet offended Polonius. Hamlet offended Polonius by insulting his daughter. Hamlet is crude in his own day by asking Ophelia ?Lady, shall I lie in your lap (Hamlet. III, ii, 115) What is strange about Hamlet's ability to use his mouth is that the youth of today is able to use the same kinds of sarcasm and rudeness effectively, just as Hamlet does, but with Hamlet's political position he should not have offended the people such as his stepfather. Being radical and acting on impulse is something that Hamlet had to use in order to get his work finished. Hamlet, having a hard time getting revenge, applied his anger from the judgment of his mother to kill who he thought was Claudius. Hamlet also needed to be on his own deathbed in order to finally get angr y enough to kill Claudius. The way that Hamlet uses his anger to take action is very much like the youth today in the fact that if someone has a problem with log cutting, for example, they hold protests and take action against that problem. The second way that Hamlet is extreme is when he goes with the ghost that looks like his father even though his friends warn him that the ghost may be evil and ?. . .tempt you toward the flood . . . Or to the dreadful summit of the cliff . . .? (Hamlet. I, iv, 69-70). If the prince was thinking right he would not have gone with the ghost that resembled the old ?. . . King, father, royal Dane . . .? (Hamlet. I, iv, 45) Hamlet's radical actions do not just prove that he is immature but also proves that he needs action from outside sources

Tuesday, March 10, 2020

Western Legal Tradition Essays

Western Legal Tradition Essays Western Legal Tradition Essay Western Legal Tradition Essay To what extent did the concepts and institutions of the western legal tradition influence the colony of New South Wales and, ultimately, the development of the Australian legal system? Australia inherited a legal system and a system of government from its colonial power, Britain. An understanding of Australian law requires tracing of development of law and legal institutions in England. Britain shares many of the basic concepts of law found in other parts of Western Europe. The underlying concepts and principles of law of Western Europe are generally referred to as Western Legal Tradition’.Western legal tradition along with English law greatly impacted the legal system in the colony of New South Wales. This essay will explore the influence of western legal tradition on the legal system of New South Wales leading to the development of Australia’s own legal system. Overview of the western legal tradition and its significance to Australian law There are two distinct systems of law in the western legal tradition despite sharing similar philosophical underpinnings. Britain follows the common law and the continental Europe follows civil law.These two systems represent a single western tradition, with a shared understanding that law has a central role to play in all social organisations. It has three main characteristics, a) the autonomy of law it remains differentiated from politics, religion and morality; b) the centrality of law law as a means of social ordering and change pervades in all aspect of society; and c) moral authority of law law is respected, i. e. law should be obeyed as a positive obligation and not for fear of punishment. British concepts and institutionsMany of the legal concepts and institutions like the rule of law, trial by jury, parliamentary sovereignty, representative and responsible government (the parliamentary democracy), judicial independence and many more originated in medieval English history following the Norman invasion in 1066. This conquest impacted on the subsequent development of law and legal system in England. The administration was feudal system. The empire was divided into a number of fiefdoms and each fiefdom had its own law courts. Good governance required unified system of administration and a unified legal system.Unification of legal system was achieved through sending judges around the country deciding civil and criminal cases. These judges applied the law consistently by developing a common set of principles and procedure replacing different customary laws of individual fiefdoms. The body of rules from these rulings became known as common law. Judges applied a principle created in the previous case in future cases with similar facts, and developed the doctrine of precedent. The application of these precedents required a system of reporting and publications.Thus the common law is the by-product of an administrative triumph, the way in which the government of England came to be centralised and specialised during the centuries after the conquest. In 1215 through the Magna Carta many limitations were placed on the authority of the King with the aim of curving arbitrary abuse of power. The King had to agree to rule with a committee of barons. The king also lost the power to tax. No new tax can be levied without the consent of the curia regis. The Westminster model of parliamentary government eventually evolved from this. Development of the Australian legal systemThe acquisition of the Australian continent in 1770s resulted in the introduction of English law in these colonies. The legal system introduced was dependent for its legal validity on a number of British statutes, including the Australian Constitution Act 1900. Between 1855 and 1890 the British Parliament granted a limited right to set up a local system of government (granting of responsible government) to individual colonies within Australia. During the late 19th century efforts were made to create one state out of six independent colonies, and a series of conventions were held in the 1890s to draft a constitution agreed by all colonies.Following a referendum in each colony to approve the draft constitutio n the British Parliament passed this Constitution paving way for the independence of Australia. The removal of British Parliament’s power to enact laws for Australia was formally done through the Australia Act 1986 (UK) passed by the British parliament. This Act also made the High Court of Australia the last court of appeal in Australia. This meant final independence from Britain. Development of a distinct legal system in AustraliaThough the Australian law has originated and developed from English law but due to local circumstances it was impracticable to transplant English law in New South Wales as demonstrated in Kables case. Henry and Susannah Kable were prisoners being transported to Australia. They deposited money with their ships captain but the money disappeared. Under English law, the Kables, being prisoners, were considered attainted and therefore were unable to sue people in civil matters. However, they were allowed to sue in New South Wales, as it was realised that this law of attaint is impractical in a new penal colony where everyone is a prisoner.This case marked the beginning of departure of application of English law paving the way for a new distinct system of law to evolve in New South Wales. However, in line with the western tradition the Australian legal system is based on a fundamental belief in the rule of law including equality before law, the independence of the judiciary. Many safeguards exist to ensure that people are not treated arbitrarily or unfairly. Principles such as procedural fairness, judicial precedent and the separation of powers are also fundamental to Australia’s legal system.Along with these western traditions clearly there were many distinguishing features separating Australian system from English system as manifested in the Australian Constitution of 1901. Unlike Britain Australia has a written constitution. Australia follows a federal system contrary to British unitary system. In a federal system the cons titution distributes the powers between the federal government and the states whereas in a unitary system there is no need for a distribution of powers. The states and territories have their respective government with independent legislative powers.Each of the federal and state governments has three separate branches of government- legislative, executive and judicial. The British Parliament enjoys Parliamentary Sovereignty, i. e. it has the right to make or unmake any law, and a law passed by the parliament cannot be overridden or set aside by another authority. In Australia, the powers of the parliament are limited by the constitution and the Australian High Court can declare a law passed by the parliament invalid if it is unconstitutional. Moreover, the British constitution is flexible whereas the Australian constitution is rigid.The British Upper house, House of Lords, comprises of non-elected nominated members whereas the upper house in Australia, the Senate, comprises of direct ly elected members representing their respective states and territory. Voting in Britain is voluntary though compulsory in in Australia. From the above discussions it is clear that the Australian legal system and the institutions of governance were influenced, created and shaped by the British law. Despite, these influences due to Australian distinct historical and political needs there emerged a separate legal system in Australia.

Sunday, February 23, 2020

Marketing Research case study Essay Example | Topics and Well Written Essays - 2000 words

Marketing Research case study - Essay Example The main purpose of research is to gather information that can be used to satisfy the needs and interests of the consumers profitably. It is imperative to gather as much information as possible about a market so that the marketers will be better positioned to be able to identify the factors that can give them competitive advantage over the other rival competitors. Market research is important as it seeks to create an environment that will give the organisation competitive advantage. 2. The management decision problem facing Wendy over their intention to expand to USA is that they may be over ambitious and fail to penetrate the market due to competition in the industry. It is a bit difficult to penetrate an industry and manage to sweep through the other established businesses entities already established without better marketing strategies than they will be using. For instance, McDonald’s uses cutting edge marketing strategies and this will be an uphill task for Wendy’s to easily surpass this performance given that they are just comfortable with their current performance which is even comparatively lower than that of the rival competitors. It has to be borne in mind that establishing a new business enterprise should not be rushed and there is need for proper plans to be put in place so as to ensure that there would be higher chances of surviving especially in a competitive environment. Launching a new product in the market is not always a guarantee that it will succeed but the need to be acquainted with market trends that are constantly changing. 3. The marketing research facing Wendy is that they are out of touch with their market since they are not venturing into something new by virtue of performing fairly in the market. It is pretty difficult to penetrate a market without knowledge about it. The problem is that when one does not have current knowledge about the interests of the customers, it can be a bit tricky since the chances of