Tuesday, January 28, 2020
Concept of Natural Legal Personality in English Law
Concept of Natural Legal Personality in English Law Discuss theà drawing examples from your studies, bibliography. Natural law is the law that exists independently of the positive law of a given political order, society or nation state. As a genre, natural law is the law of nature that is the theory that some things are as they are because they are. The central theme of the theory us that there are natural rights that are given to every human being by God.[1] Legal personality has been defined to express the ability of self to remove himself from all particularities such as family, personal history, social and cultural background and to become abstract and indeterminate. Legal recognition is a type of recognition based on the minimum commonality of people and not on the differences and individual characteristics which make them unique individuals.[2] A legal person is a bearer of subjective right.[3] Legal personality can either be natural or juristic. Natural legal personality is therefore the legal status allocated to every human being by the mere fact of their existence by God. So, every body has Natural Legal Personality regardless of where they are from and under what political regime they live. Having said that, It is doubtful that this is highly relevant in England today. This essay focuses on the concept and illustrations of its applicability and limitations. The concept of natural legal personality is hardly ever mentioned these days. This is possibly because there are not many rights that are attributable to natural legal persons. Even in the realm of Public International Law where there are laws that are attributable to persons by the mere fact that they are human by way of human right provisions, enforceability for instance, is almost impossible in the absence of the state. In the realm of private law, where legal personality becomes more relevant, an individualââ¬â¢s autonomy exists only in a very restricted and figurative sense. A person cannot grant rights to himself because rights of one person necessary presupposes obligations on another and such a legal connection can only be made in conformity with an objective legal system by way of a consonant expression of will by the two parties. Even this legal connection only exists in so far as the contract is established by the objective law as a law-creating material fact. So, in private law, there is no complete autonomy.[4] The mere use of the word ââ¬Ëlegalââ¬â¢ seems to suggest the lack of such autonomy. Practical applications of the concept of Legal Personality exist. Sometimes, so-called natural ââ¬Ëlegalââ¬â¢ are restricted in their exercise of rights that have been attributed to others. In the realm of contract, the general rule in English Law is that anyone may enter into legally binding contracts if they want to. However, a restriction exists to the effect that minors as defined under the Family Law Reform Act 1969 and people that are mentally incompetent are incapable of entering into binding contracts except for the supply of necessaries.[5] In the case of Moulton v. Camroux[6], It was held that unsoundness of mind constituted an adequate defence in a case for the enforcement of a contract. Also under the realm of Contract Law, non natural persons are attributed rights that would normally only be attributed to natural persons. In the realm of criminal law, some categories of people may have their culpability reduced by virtue of their age or soundness of mind. A proved plea of insanity would mean that someone that has committed a crime is not punished in the same way other legal persons.[7] In the case of R v Sullivan[8], on a charge for causing grievous bodily harm, on appeal to the House of Lords, It was held that the trial courtââ¬â¢s ruling of ââ¬Ënot guilty by reason of insanityââ¬â¢ was appropriate. The same applies if the person is underage. He or she is not punished the same way a fully grown adult would be. In the realm of company law, legal personality has been attributed to non natural persons. They are attributed with corporate personality. Such persons are known as juristic or artificial persons as opposed to natural persons. For legal purposes, they have the same rights and obligations as natural persons. They are capable of suing and being sued as an entity quite apart from the members. The implications of this personality were fully determined in the case of Salomon v Salomon[9]. In that case, It was held inter alia that at law, a company is a different entity from the subscribers to its memorandum of association. The members of a company are therefore not personally liable for its debts s that unless there are contrary provisions, the members are completely free form liability.[10] The above discussion seems to suggest that the concept of natural legal personality, if it actually exists, is not really relevant in English Law. The mere use of the word ââ¬Ëlegalââ¬â¢ would suggest the existence of a state or other body. There is also the problem of how the natural rights are determined since a right for one person necessary constitutes an obligation for another. This suggests the necessary existence of some sort of agreement by the two parties which in turn, needs to be governed by certain rules. In terms of practical application, most laws prescribe their own definitions of ââ¬Ëlegal personsââ¬â¢ and the limitations to this personality. The concept of natural legal personality does not exist in English Law and even if it did, It would merely be normative in nature and effect. Bibliography Davies, P. ââ¬Å"Gowerââ¬â¢s Principles of Modern Company Lawâ⬠(1998) London: Sweet and Mawell. Douzinas, C. and Gearey, A. ââ¬Å"Critical Juriisprudence: The Political Philosophy of Justiceâ⬠(2005) Oxford: Hart Publishing. Kelsen, H. ââ¬Å"Introduction to the Problames of Legal Theoryâ⬠(2002) Oxford: Oxford University Press. Neuhouser, F. (Eds) ââ¬Å"Foundations of Natural Rightâ⬠(2000) Cambridge: Cambridge University Press. Statute Criminal Procedure (Insanity) Act 1964 Sale of Goods Act 1979 Cases Moulton v. Camroux 2 Ex 487 R v Sullivan [1983] 2 All ER 673 Salomon v Salomon [1897] A.C. 22 H.L. Web Resources The Free Dictionary http://encyclopedia.thefreedictionary.com/p/Natural+law> [1] The Free Dictionary http://encyclopedia.thefreedictionary.com/p/Natural+law> [2] Douzinas, C. and Gearey, A. ââ¬Å"Critical Juriisprudence: The Political Philosophy of Justiceâ⬠(2005) Oxford: Hart Publishing. Page 182 [3] Kelsen, H. ââ¬Å"Introduction to the Problames of Legal Theoryâ⬠(2002) Oxford: Oxford University Press. Page 39 [4] Kelsen, H. ââ¬Å"Introduction to the Problames of Legal Theoryâ⬠(2002) Oxford: Oxford University Press. Page 40. [5] Section 3 Sale of Goods Act 1979 [6] 2 Ex 487 [7] Under Sections 2(1) and 5 (1) of the Criminal Procedure (Insanity) Act 1964 [8] [1983] 2 All ER 673 [9] [1897] A.C. 22 H.L. [10] Davies, P. ââ¬Å"Gowerââ¬â¢s Principles of Modern Company Lawâ⬠(1998) London: Sweet and Mawell. Pages 77-78 and 80.
Monday, January 20, 2020
Consider the theme of loneliness in Of Mice and Men. How does it Essa
Consider the theme of loneliness in 'Of Mice and Men'. How does it affect the friendships and relationships in the novel? This novel that was written by John Steinbeck which was set in the 1930s in Salinas Soledad which is in California. The novel consists of many historical factors which have affected the characters in this novel and one of them includes "the great depression" Which leads the novels inspiration for the famous writer John Steinbeck which he mainly based on his own experience. In those days people travelled a lot differently to how we travel now. In those days migrant workers travelled extravagant distances looking for a job. There are many different themes in which are based throughout the whole book, such as loneliness, happiness, nature, dreams and reality: - Which even lead to catastrophe. Many of the people in this novel have very lonely lives mainly because they are migrant workers and as we know they don't have time to make any friends or have any time to spend with their families. There are many characters that are lonely due to age, sex, and race. Two good examples would be Candy because of his age and Crooks because of his race. This novel consists of two main characters George and Lennie, who are an anomalous pair of migrant workers that look after each other. They are completely the reverse of each other. George is the one who has the communicative face and thinks of all of their problems and ideas and tells the other one what to do. Being like this all of the time, in what ever the story it is, always pictures that you would be the small quick one with sharp features. Lennie is the guy that is tall and always does what he is told and has an ill-defined, solid, a... ... gets treated like a little girl. Curley's wife often dreams about herself becoming an actress. At the end of the novel, her loneliness causes Lennie's death. Before Lennie's death, Curley's wife and Lennie were talking in the barn whilst everyone else was playing games. They began talking to each other about each others dreams. They both talked about each others dreams and what they wanted to do in their life. Lennie has a fascination of stroking things. He was stroking Curley's wife's hair, he began to stroke her hair so hard, that he lost control and broke her neck. This has a big impact on George, Lennie and Candy's relationship, as Curley wants to kill Lennie. As a result to this, George has to kill Lennie before he gets killed by Curly. Loneliness will always end in tragedy and dreams will rarely become reality. Friendship never ends.
Sunday, January 12, 2020
Compare/Contrast Essay
Swimming Indoors vs. Swimming at the Beach Swimming is a fun and leisurely activity that can be enjoyed indoors or outdoors. Swimming pools are generally located indoors inside of homes, hotels, recreation centers or places where people would normally go to take a load off and relax. Beaches are strewn about outdoors along many coast lines throughout the world providing a haven for swimmers and other beach goers. To enjoy a swim indoors at the pool, or outdoors at the beach, can be a tough choice since both can provide a variety of experiences.This essay aims to contrast those experiences by talking about some of the temperatures in the environment at the swimming pool and at the beach; the activities that can be done there, the cleanliness that can generally be found in the areas and some of the safety measures that are typically in place at both locations. Iââ¬â¢ll first discuss indoor swimming pools. Normally, indoor pools have a temperature gauge that can be set so that the te mperature of the poolââ¬â¢s water will always remain the same. While the temperature of the water in the pool can remain constant, so can the temperature of the room that the swimming pool is located in.This means that swimmers can have their ideal temperatures set for when they walk into the swimming area and their ideal temperatures set for when they step foot into the swimming pool. Itââ¬â¢s hard to find better swimming conditions than that. Activities like water polo, water volleyball and water aerobics can be enjoyed in indoor swimming pools because the water temperatures there are usually set to a warmer temperature that can be enjoyed year round. With indoor pools there are usually chlorine tablets floating somewhere out of sight to help with the cleanliness of the water.There is a modicum of relief knowing that most indoor pools have a chlorine and septic system to help maintain the cleanliness of the water. Cleanliness is next to the safeness of indoor swimming pools. Indoor pools are safe from the weather which leaves the pool water free from leaves, dirt and other debris. This makes swimming indoors ideal compared to what may be experienced outdoors at the beach. While outdoors at the beach, temperatures can range from a sweltering heat, to a blustering cold, depending on the type of day it is outside. This means that temperatures in the waters will roughly match the temperatures of the weather outside.This is not always ideal for swimming. The beach is enjoyed mostly on hot summer days where the most outdoor activities can be done. Some of those activities can be surfing, jet skiing, body boarding, fishing, jogging, tanning, windsurfing and a bevy of other activities not just committed to being inside of the water. However, with a lot of activity comes a lot of waste. Beaches will commonly have trash and debris littered about since they are more frequented by beach goers and the waters at the beach can wash up waste along the shorelines where beachgoers spend their time at.Most beaches have plenty of trash depositories and staff in place to help maintain the cleanliness of the beach, but it can become more difficult to control compared to an indoor swimming pool because its size. Swimmers may be reluctant to venture into beach waters since the safety of the waters can put swimmers at risk. Sharks, jellyfish and other dangerous sea life are always a threat when swimming at the beach. While it isnââ¬â¢t always effective, beaches do try to contain this threat with various nets to prevent them from wading into the swimming areas.This can make swimming at the beach a bit unsafe, but most people still find plenty of pleasure in the waters regardless of the threat since there are so many activities that can be done while there. Whether itââ¬â¢s to enjoy the consistent temperatures of the indoor pools, or the multitude of activities that can be done while at the beach, there is certainly a degree of entertainment, relaxat ion and, at times ââ¬â risk, that can be found while swimming at either location. I prefer the sanctuary of an indoor, heated and clean swimming pool over the outdoor, sometimes shark infested, volatile waters of the beach. Compare/Contrast Essay The Battle of Somme Abstract From 1914 through 1918 the world was at war. Described as ââ¬Å"The Great Oneâ⬠, World War 1 affected everyone; man, and woman, combatant and non-combatant. This was a war defined by the advent of new technology. World War 1 saw the implementation of the Machine-gun in 1914, the armored tank in 1916, and, with the advent of the airplane in 1903, the first fixed wing airplane modified for combat occurred in 1911. The perspective of combat had also changed. What had once been a stand in rank and fire at the enemy across vast fields had become a war fought in the trenches.The lone presence of an isolated field doctor had become that of an entire medical corps stationed behind the lines in vast field hospitals waiting to tend to the wounded. The very nature and scale of war had changed drastically. As a result, where you were, whose side you were on, and the role you fulfilled, the same battle had very different ramifications and opposing perspectives. This essay will discuss the contrasting views between Private Ernst Junger, a German shock troop in Storm of Steel to that of Vera Brittain, a British nurse in Testament of Youth, through one of the bloodiest and most decisive battles of World War 1. World War Iâ⬠, ââ¬Å"The Great Warâ⬠, as suggested by these references, was a confrontation on a global scale unlike any other war in history. For the first time technology had changed the face of armed conflict, the landscape of battle had transformed its mission from two forces firing upon each other across broad fields with muskets and cannons to a vast subterranean trench system that traversed hundreds of miles. Between the opposing forces lay barren waste lands covered by machine gun fire and directional barbed wire.These fields were aptly known as ââ¬Å"no-manââ¬â¢s landâ⬠. The trench systems and adjacent wastelands covered the distance of what had once been empty fields between opposing forces to spanning the borders between multiple countries forcing unimaginable gridlock, standoffs lasting not days, but months, as in the Battle of Somme, and even years in rare occasions. It was not only the landscape of battle that had changed but also the personnel.In 1901 the Army Nurses Corps was established and in 1908 the Navy Nurseââ¬â¢s Corps was created. Women were an official part of the war effort and by the end of World War 1 their numbers had grown from an initial 8,000 members to an astounding 70,000, a sight and valuable perspective unseen in any previous war. After reading the books Storm of Steel by Ernst Junger and Testament of Youth by Vera Brittain, I contemplated on how best to highlight the subtle comparisons and stark contrasts that appear in both texts.I originally thought that nothing jumped off these pages; that there was no clear delineation; after all, he was a trained soldier, and she was nurse; where he was on the front lines unleashing chaos, she was in the hospital car ing for wounded; while he was an aggressor she was on the defensive; and as he chased glory, she chased love. Then it occurred to me that as I read, one word had been featured prominently in both texts: ââ¬Å"Sommeâ⬠. Somme, a battle in which both participants had a role; a battle that, no matter the outcome, both authors had a perspective and both perspectives were clearly different.This would be my focus. First and foremost for the unaware, a little background about Somme, also known as the Somme Offensive; the battle took place between July 1, and November 18, 1916 at the river Somme in France. During the battle the British Expeditionary Force and the French Army mounted a joint offensive against the German Army that had occupied most of northern France since 1914. The Battle of the Somme was one of the largest battles of the war. By the time fighting paused in the fall of 1916, the forces involved had suffered more than 1 million casualties, making it the bloodiest militar y operation ever recorded.With those numbers it should come as no surprise that both authors would have a unique and pointed perspective on that front. From the German shock troopââ¬â¢s vantage point, although the British were aggressing, the attempt would be in vain. ââ¬Å". . . while the British made various, fortunately unsuccessful, attempts on our lives, either by means of high angled machine-gun fire or sweeping the road with shrapnel. We were especially irritated by one machine-gunner who sprayed his bullets at such an angle that they came down vertically, with acceleration produced by gravity.There was no point trying to duck behind walls. â⬠(Junger, 2004) In this passage the author practically mocks the British effort of a mounted attack on the clearly superior German forces finding a single machine-gunner merely irritating. Meanwhile beyond the wire, past the vast no-manââ¬â¢s land, and safely behind the friendly lines of the British army, the account of Briti sh Nurse Vera Brittain is starkly different. In contrast as she tends to those being brought to the nearest hospital, her vivid account of waiting for the inbound shipment of wounded paints a graphic picture of how grim the situation appeared. Throughout those ââ¬Å"busy and strenuous daysâ⬠the wards sweltered beneath their roofs of corrugated iron; the prevailing odour of wounds and stinking streets lingered perpetually in our nostrils, . . . Day after day I had to fight the queer, frightening sensation-to which, throughout my years of nursing, I never became accustomed-of seeing the covered stretchers come in, one after another, without knowing, until I ran with pounding heart to look, what fearful sight or sound or stench, what problem of agony or imminent death, each brown blanket concealed. (Brittain, 1933) Although Nurse Vera Brittain was safe and nowhere near the front line her account of the Somme offensive is drawn from a direct line of sight of the carnage that was being produced on the field of battle is in bold contrast to that of the German shock troop located directly on the frontline.While Brittain was well away from the firing, Private Junger was in the line of fire, yet he was tucked safely away in his protected trench line unable to physically see the battle, she was witness to the horror of bodies produced by the battle. She was a non-combatant in support of the war effort duty bound to care for the wounded, he was a trained soldier on the front line trained to administer death. Their accounts of the very same battle differ greatly in perspective.History would later show that both perspectives although correct are not an indication of inevitability. Both perspectives were correct in that on the first day of the offensive July 1, 1916 the Germans easily handled the British attack. Their newly implemented machine-guns and directional barbed wire amassed a record setting 58,000 casualties on the first day, this is why private Junger was so easily tucked away in his protected entrenchment while nurse Brittain saw nothing but death.The British would ultimately prove victorious at the battle of Somme, on November 18, 1916 when the offensive was called off the British had pushed roughly six miles past the German lines winning the battle of Somme, however the war would continue for nearly two more years. Finally on November 11, 1918 the Armistice of Compiegne was signed marking a victory for the allies and complete defeat for Germany, yet ââ¬Å"The war to end all warsâ⬠as it was called by H.G Wells in August of 1914 in total would cost more money and damage more property than any previous war and would amass 27 million casualties before it was over. References Brittain, V. (1933). Testament of Youth. (pp. 279-280). New York: Penguin Classics. Duffy, M. (2009). Battles- the Battle of Somme. Battles- The Western Front, Retrieved from http://www. firstworldwar. com/battles/somme. htm Junger, E. (2004). Storm of Stee l. (p. 78). Strand, London: Penguin Books.
Friday, January 3, 2020
The First Step Towards Lasting Campaign Finance Reform
Final Paper: The First Step Towards Lasting Campaign Finance Reform ââ¬Å"You don t put vote Bartlet in the ad, you can pay for it with unmarked bills from a bank heist if you want to.â⬠- Bruno Gianelli (Fictional character, The West Wing, S03E06, ââ¬Å"Gone Quietâ⬠)1 Debates about the just and proper financing of campaigns for public office can be traced as far back as the Federalist Papers. On one side are those that believe any restriction in the frequency or amount of individual, corporate or union donations is an unconstitutional assault on the freedom of (political) expression guaranteed by the First Amendment. On the other side are those that worry about the fair stewardship of elections. Do those with the means to make moreâ⬠¦show more contentâ⬠¦According to OpenSecrets.org, ââ¬Å"Super PACs may raise unlimited sums of money from corporations, unions, associations and individuals, then spend unlimited sums to overtly advocate for or against political candidates. Super PACs must, however, report their donors to the Federal Election Commission on a monthly or quarterly basis -- the Super PAC s choice -- as a traditional PAC would. Unlike traditional PACs, Super PACs are prohibited from donating money directly to political candidates.â⬠2 While Super PACs do need to make financial disclosures to the FEC on a monthly basis, their ability to take donations from corporations leaves them amble room to leave the names of their end donors undisclosed. Many Super PACs report donations as coming from one or multiple 501(c)(4) (politically active non-profit) organizations that do not have to disclose their donors. This is referred to as the Russian nesting doll problemâ⬠among campaign finance reform advocates. It is worth noting that the rise of Super PACs and other forms of unregulated campaign spending is of concern to politicians too. President Obama, as part of his 2010 State of the Union Address, said, ââ¬Å"With all due deference to separation of powers, last week the Supreme Court reversed a century of law that I believe will open the floodgates for special interests ââ¬â- including foreign corporations ââ¬â- to spend without limit in our elections. I don t think American elections should be
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