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.

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

Using dehumanizing terms that historically mean something else Research Paper

Using dehumanizing terms that historically mean something else - Research Paper Example Once people start using a word in a certain way the new usage becomes widespread and with time, becomes an official adaptation. Although the word has various meanings, it is usually within a similar concept. The word â€Å"queer† is one of the words used for various meanings today. The word has evolved over time. With every passing generation, a new interpretation of the word has risen. The Oxford dictionary states that the word can be used as an adjective to mean strange or odd, as a noun to mean Homosexual, or as a verb meaning spoil or ruin. However, the dictionary puts emphasis on the overall usage of the word as a homosexual reference. There is an observation of the reference in many cultures in the world over a long period. â€Å"In recent years, however, gay people have taken the word queer and deliberately used it in place of gay or homosexual, in an attempt, by using the word positively, to deprive it of its negative power (â€Å"Oxford University Press,† 1).† In historical reference of the homosexual population, the word was brought forth in a derogatory manner. In the British world, it indicates that someone or something has a peculiar characteristic about them. The 1980s was the point in which the use of the word, in the sense in question, arose. This caused a big stir within the gay and lesbian community. This led to the formation of an action organization in the 1990s at the grass root level in New York with the aim of fighting against the occurrence of Homophobia and preserving the right of gay and lesbian persons (Eaklor, 72). It is then that the group took ownership of the word â€Å"queer† as previously stated to transfer its use to a proud sense rather than its previous derogatory meaning. Therefore, the younger generation in the 21st century regards the word as an expression of open-mindedness with regard to same-sex attractions. The mainstream media has also adopted the usage of the term in the same sense. The

Postmodern tendencies in American TV Essay Example for Free

Postmodern tendencies in American TV Essay Television scholars have observed that in the past twenty years American popular television has undergone a major transformation in style and form. John Thornton Caldwell uses the term televisuality to signify a development in the images running through the small screen. Such a shift in form and presentation developed alongside contextual factors. Caldwell explains his view in detail: Starting in the 1980s, American mass-market television underwent an uneven shift in the conceptual and ideological paradigms that governed its look and presentational demeanor. In several important programming and institutional areas, television moved from a framework that approached broadcasting primarily as a form of word-based rhetoric and transmission†¦to a visually based mythology, framework and aesthetic based on an extreme self-consciousness of style. (1995, p. 4) This emphasis on style is predicated on reconceptualizations of form and presentation in television, consequentially changing production and labor practices: With increasing frequency, style itself became the subject, the signified, if you will, of television. In fact, the self-consciousness of style became so great that it can more accurately be described as an activity—as a performance of style—rather than a particular look. (1995, pp. 4 -5) Televisuality is more than a historical phenomenon; it is also a discursive product. The ramifications of televisual style are brought about by business conditions, technology and audience reception, as well as intended changes in industry and aesthetic practices. Certainly there are factors unique to this contemporary trend, but Caldwell is quick to point out that televisuality is not some original invention that does not have historical precedents. It can be traced from a long history of â€Å"aesthetic posturing†; that is, stylization has been a regular artistic practice in television production that has snowballed, albeit unevenly, into what mass-market television has become of date. Furthermore, stylization is tied to a much broader landscape—to processes of transformation in mass media and American popular culture. Caldwell’s approach, that of historicizing and contextualizing stylization, necessarily leads to another aspect—its ideological implications. Given the rather broad conceptualization, instead of offering one sweeping definition Caldwell identifies six principles of televisuality (pp. 5-10). These principles are explored in-depth in his seminal work, Televisuality: Style, Crisis and Authority in American Television. I shall enumerate them and briefly explain the author’s ideas in the paragraphs that follow. Even though these tenets were discussed with special reference to the 1980s, the era that signaled the major turn in television’s presentational format, I will nevertheless explain them with the presumption of their universal (non-time bound) applicability. 1. Televisuality was a stylizing performance—an exhibitionism that utilized many different looks. According to Caldwell, televisuality is a â€Å"presentational attitude† that emphasizes exhibitionism. Exhibitionism is evinced through the use of different existing visual looks and stylizations, leading to different of â€Å"guises†. This means that the conventional genres of presentation and format are less evident. The constant â€Å"experimentation† and blurring of boundaries make for a certain visual spectacles. 2. Televisuality represented a structural inversion. If before television shows prioritized subject over style, and the visual packaging of the image was relegated to the background, beginning in the mid-1980s some shows placed style on the foreground. This practice is not simply a positional swap. Style or the presentation of the image, Caldwell clarifies, is the subject, or in other words, is significantly tied to the text itself: â€Å"(S)tyle was no longer a bracketed flourish, but was the text of the show† (p. 6). To analyze the televisual text is to articulate to the act of presentation of the subject itself. 3. Televisuality was an industrial product. The third principle refers to an important foundation of televisuality—the mode of production. For Caldwell, televisuality—including the â€Å"presentational guises, the narrative forms, and the politics of mainstream television† (p. 7) stems from the technological and production developments, some of which result from specific cultural and economic needs. At the same time, the production base evinces particular audience attitudes and responses. 4. Televisuality was a programming phenomenon. As stated earlier, televisuality is a product of television history; it has its precedents. Exhibitionism and spectacle is not an entirely unique phenomenon; what is unique is the manner in which â€Å"showcasing† is done by broadcast networks. Another example is the presentation and branding of some shows as â€Å"special events†: Programming designed around special-event status was also not entirely new, although the kind of prestige and programming spin that special events offered threatened to dominate television by the late 1980s. † (p. 9) Thus, today the viewer finds â€Å"exclusive† news coverage commonplace in news and public affairs shows, and there is a saturation of â€Å"reality† game shows documenting the lives of ordinary people desperate for instant fame and fortune. 5. Televisuality was a function of audience. Caldwell notes how television audiences have become more varied in terms of taste and preferences. Audience response, from his view is both manufactured by networks, as well as a function of agency. As the cultural literacy of audiences is developed across different social segments, audiences’ sensibilities are also trained by the continuous development and revision of shows on television. For example the introduction of video games in the mass market in the early 80s profoundly shaped young people’s lifestyles. Meanwhile, television makes use of technological developments like the videogames to reinvent the stylistic wheel, so to speak, in turn orienting audiences towards developing new viewing pleasures. 6. Televisuality was a product of the economic crisis. In the 1980s, mainstream networks were stunned by the popularity of cable viewing. Caldwell believes stylistic showcasing is the mainstream networks’ approach to â€Å"protect(ing) market share† as the business conditions became more competitive. While Caldwell focuses on stylistic (re)presentation in contemporary American television, another scholar, Jason Mittell (2006), focuses on developments in television genre and narrative. Mittell uses the concept of narrative complexity to approach the intertextual tendencies of television serials. Following his work that posits a cultural approach to genre study (A Cultural Approach to Television Genre Theory, 2001), Mittell insists that popular American television should be broadly understood as a product of cultural, historical, and structural forces. New trends in genre development should be examined alongside contextual factors – network business outcomes, shifts in industrial and artistic practices, technological innovations, and audience tastes and responses. Additionally, narrative complexity should be approached as a cultural phenomenon. Mittell’s critical perspective shares with Caldwell a broader view of television studies, whereby context is read into particular aspects of the text (style/stylization, genre, narrative). Like Caldwell, he also situates the unique formal qualities of the narrative within structural and historical developments in production, circulation and audience reception. Perhaps in anticipation of Mittell’s view, Caldwell (1995) also suggests that one way of analyzing the form and functions of televisuality by comparing earlier conventional genres and more recent attempts to incorporate stylistic embellishment and exhibitionism (p. 18). Mittell observes that narrative complexity is a striking feature of some of today’s popular television fare, offering an alternative to earlier conventional formats. Mittell takes after film scholar David Bordwell with the view that the term encompasses a particular set of â€Å"norms of narrational construction and comprehension† (Bordwell cited by Mittell, 2006, p. 29), which combines different genres, movements and creators in coming up with a coherent whole. These features are drawn from cinema as a reference, however, and thus Mittell also points out that while cinematic techniques over the last decade have also shaped the television narrative in certain ways (for instance, the crossing-over of film auteurs and practitioners to the small screen have brought about a new breed of â€Å"quality television† or â€Å"intelligent† serial programs; filmic intertextuality, or the combination of other media like novels and comic books in making films), contemporary television storytelling style should still be examined according to the medium’s unique features, structures, history and language (p. 29). Mittell also adopts what he calls a â€Å"historical poetics† in his definition of narrative complexity an approach that invites the reader to go beyond the borders of the text. The textual features should be read in conjunction with particular socio-historical contexts—industry and production trends, technological developments, and changing audience behaviors, and the like. Awareness of the influence of specific contextual factors assumes that narrative development is not an isolated textual whole but a product of external factors. Mittell then traces the rise of narrative complexity in the television. Most of the television practices he cites are more or less synonymous to factors that also brought forth the era of televisuality, which Caldwell pointed out. For instance, Mittell explains how the appeal of the small screen captivated film creators and professionals who started out in the film industry. David Lynch (Twin Peaks), Allan Ball (Six Feet Under), and Joss Whedon (Buffy the Vampire Slayer, Angel) are notable examples. Part of the attraction is that television, being a â€Å"producer’s medium†, creators gain more authority and leverage compared to the director-centric film production (p. 31). Modes of television viewing also compelled networks to re-strategize programming practices and schedules. Beginning in the mid-80s the popularity of serial narratives gradually declined. It was found that audiences lacked the sustained attention for weekly serials. A relatively new kind of practice, the syndication of TV programs became a major challenge for networks, as it gave audiences more elbow room to view episodes of their favorite shows without having to follow a fixed weekly schedule. Another trend that Mittell observed in terms of reception is the increasing diversity of audiences. As new broadcasting companies and channels add to the media clutter, they develop shows that cater to certain demographic brackets or attuned to specific cult followers in order to compete with established networks like CBS and NBC. As always, technological innovations impact significantly on television. For Mittell, the television industry easily latches on the latest technology to advance aesthetic and production purposes. As an example, one of the most recent developments that single-handedly changed the cultural landscape is the Internet. Television cashed in on this new technology by putting up fan sites and â€Å"official† TV program sites. These sites extend television viewing, as they enable followers to do a range of activities (discussion of episodes with other viewers, purchasing of merchandize, research information about the show) in relation to the show itself. The postmodern turn in television The above discussions can be subsumed to the overarching theoretical paradigm called postmodernism. Televisuality and narrative complexity can be regarded as actual structural features and dynamics that demonstrate the postmodern condition in the realm of television. Several of the features and themes that characterize postmodernism, charted by Jim Collins in â€Å"Television and Postmodernism† (1997) resonates with the definitions of televisuality and narrative complexity proffered by Caldwell and Mittell. For instance, Collins discusses how postmodernism is predicated on the proliferation and circulation of signs or images, in part propelled by the latest technology (cable, VCR, digital technology, the Internet) (p. 193). The bombardment of images, all of which demand the viewer’s attention, eventually effaces meaning. The primacy of the image is also an attribute of televisuality, especially in its claim that style is the text/signifer. In addition, there is also the logic of excess that in televisual parlance translates to excessive style. Eclecticism seems to be a commonplace notion in discussions of televisuality and narrative complexity. In the latter, the employment of various styles in the process of expermentation or stylization is a form of eclecticism; in the latter, the cross-fertilization of differing genres. Related to this is intertextuality, the use or borrowing of various formats resulting in the blurring of boundaries, or the reorganization of genre or style hierarchies. Though features of conventional prototypes may still be recognizable in a given text, their combination or recombination attracts the viewer’s attention more distinctly. In this paper I will attempt to show what is postmodern in American television. Many accounts of postmodernism dabble in excess themselves, and fail to anchor much of the claims in empirical realities. I believe that what postmodernism articulates in theory is more acutely contained in the concepts of televisuality and narrative complexity. Thus, while the critical perspective employed here remains to be postmodernism, my analysis uses more empirical conceptual handles.

Women Essay examples -- Gender Roles, Inequalities Between Men and Wom

Through the involvement of government legislature and the evolving demeanor of today’s society, inequalities between men and women in the workplace have dwindled to an all time low. However, while it is inevitable that progress continues, the struggle remains for women to gain the full equality they deserve. Many individuals are in error, believing that the war against gender discrimination has come to a victorious halt, however, this is not the case. It is essential to constitute the degree of validity, or ambiguity concerning the pervasive affirmations of a decrease in discrimination against women in the work force. Women endure a constant struggle as they fight to acquire, in all aspects, equality at work. Female news anchor certainly partake in this particular struggle. The road to news anchoring is an imperious one; survival is seldom and flourishing in the profession is less than common. As of today, the numbers of women who succeed as anchors is deficient due to the in conspicuous discrimination that hinders women’s progress in the profession. There exists a plethora of men who have succeeded in the alluring yet demanding occupation of news anchoring, however, women, on the other hand, are avidly awaiting not only progress, but prosperity. heir lack of ascendancy continues to be impeded by the strict standards for beauty set for women in the industry, contrasted by the looser requirements expected of men. To succeed as newscasters women must surpass men in all aspects, their work ethic must be more efficient, their appearance must be flawless and they must go beyond their limits, testing their capabilities. While critical steps have been taken by women in televised broadcasting, equality is remote since men are a domina... ... has been demonstrated that women are more than willing to confront these situation in order to succeed as anchorwomen. Though there is much progress to be made before equality among men and women on the news desk is attained, women continue to stand firmly on their views concerning discrimination and don’t go down without a fight. The incompetence society deems of women as news anchors is unjust; women are more than qualified and their potential to thrive is beyond what one can imagine. Though the role physical appearance plays among male and female news anchors is a crucial one, especially for women, it should not interfere with a woman’s professional progress. Discrimination severely limits a woman’s advancement in their profession, which is greatly unjust; opportunities to ascend should be given to all and anything that inhibits this should be terminated.

Photography Analysis Year

This image by Sarah Ann Loretta can be described as a woman slowly drowning g in water . What makes this image stand out is the atmosphere that is being portrayed in it. It's a moody and dark atmosphere that creates the massive impact in the image. There are 3 factors that create the mood. The expression on the woman's face, the lighting and droplets of rain within the image. The photograph has a low depth of field as it is only focusing on the woman's face.It was taken in landscape format to show the length of the woman's body and this was a v ere good effect as it enhances the atmosphere within the image. This was done by creating a liar GE amount of space around the model and giving the photograph a moody and lonely ape arrange. Keeping the position of the model in the centre it creates the mood that nothing is are undo her which sustains the mood of the photograph. The colors of the photograph is mixed between whites,greens and blacks. Tit the background on the photograph being very dark and murky, Loretta enlarges the mood of the photograph by contrasting the model's clothe Eng to an innocent white, and with the model's serious expression with big, deep almost sorrows LU eyes has brought the image together. HTTPS://www. Licker. Com/photos/laurelling/8637194920/ This is a photograph by Laura Galena and it's called â€Å"facing it calmly†. The pH autograph shows a woman in a red dress walking through a dull forest.This image stands out du e to the contrasting colors between the bright red color of the woman's dress and the dull brow won colors. The photograph is taken in landscape format to accentuate the size of the backer mound which creates a mood towards the photograph. It has a high depth of field showing the ammo unit Of detail around the whole image. Candela used natural light to show the contrasting red dress .

Research Methods Critics of a Qualitative and...

The author of this essay will critically appraise tow nursing articles. A qualitative paper published in the Journal of Advance Nursing (JAN) which will be referred as ‘article one’. A quantitative paper published in the Journal of Wound Care which will be referred as ‘article two’ in this essay. Both articles are wound care related. In order to examine the strength and weakness of the articles, the author of this essay will use a set of tools using a methodological analysis. Therefore demonstrate an understanding of the research process and relate to professional practice. There are several types of wounds for examples: postoperative, leg ulcer, diabetic and pressure sore (Sussman, 2012). Wounds can be acute or chronic in nature (Waugh †¦show more content†¦Using the same method with PICO for article two the quantitative research, only one result was found. Using a peer review search for both articles there was no peer-review of article two. According to Traynor Rafferty (2000) a peer review practice make possible to maintain journals credibility. And help to judge of the trustworthiness of the published material (Parahoo, 2006). To conclude the database supported the finding of the searches. The keys words in the abstract were relevant as there aid for the literature research. In addiction it offered up to date information on the subject. Both articles used up-to-date journal to perform their literature search using primary sources materials for referencing. Primary sources are original research articles written by the person who conducted the study and present original thinking, report or share new information (Paterson, 1993). Although both journals used journal, not all journal publish the original research according to Cormark et al (2006). What follow is a critical evaluation of the literature review. A good literature review is considered to prepare the ground for new research (Beck and Pilot, 2012), discuss previous work if necessary in order to explore the depth of the articles (Smith, 1997) and justify the need for news research to take place (Munhall, 2006). This allow the reader to be aware of what already exist aboutShow MoreRelatedBrand Building Blocks96400 Words   |  386 Pagessharp doglegs, and vast water barriers. It is difficult to score well in such conditions. Substantial pressures and barriers, both internal and external, can inhibit the brand builder. To be able to develop effective brand strategies, it is useful to understand these pressures and barriers Different factors that make it difficult to build brands are shown in the figure above. The first, pressure to compete on price, directly affects the motivation to build brands. The second reason, the proliferation