Doctrine of Precedent Essay Example | Topics and Well Written Essays - 1750 words

Doctrine of Precedent - Essay Example Therefore, there is a dire need for a coherent case law. This is because it helps in strengthening the predictability of decisions and improves their authority. The doctrine of precedent also known as stare decisis provides that the decision of a higher court within the same jurisdiction acts as binding authority on a lower court within the same jurisdiction (Brassil & Brassil 2000). However, the decisions of higher courts act only as persuasive authority to lower courts in different jurisdiction. Therefore, the concept of judicial precedent requires cases to be decided in a similar way when the material facts are the same. The doctrine is only concerned with the legally material facts in order to arrive at similar decisions (Siltala 2000). On the other hand, Ratio decidendi translates to â€Å"reason of deciding† and can be defined as the material facts of a given case in addition to the decision thereon. Under common law, the doctrine of precedent is used to offer direction, certainty, consistency, and impersonality (Harlow 2005). Even as the doctrine of precedent is one of the most significant features of the common law, this doctrine is not without challenges. It is very important for any judge to identify a clear ratio decidendi in any precedent (Duxbury 2008). One of the main challenges in making decisions guided by precedents is the possibility of two conflicting methodologies employed by Lords to reach a decision. This paper will focus on the impact of the two conflicting approaches used by Lords Wilberforce and Bridge in McLoughlin v O’Brian 1983 and show how the choice between these two conflicting approaches would result to completely different results for the claimants in Alcock v Chief Constable of South Yorkshire Police 1992. McLoughlin v O’Brian 1983 AC 410 In this case, the plaintiff’s husband and their three children were involved in a road accident that was allegedly caused by negligence of the defendants. The accid ent caused the death of one of the plaintiff’s children while the husband and the other two children sustained serious injuries. When the accident happened, the plaintiff was at home two miles away from the scene. A motorist who witnessed it at the scene passed the information on the accident to the plaintiff. After the information, the plaintiff was taken to the hospital where her family members were admitted. When she looked at the extent of their injuries and the news of the death of her daughter, the plaintiff suffered severe and continuous nervous shock. The plaintiff sued the defendants claiming damages against them for the nervous shock, distress, and injury to her health ultimately caused by the defendant’s negligence. However, the suit was not successful because the judge felt that the plaintiff’s injury was not reasonably foreseeable. The plaintiff believed that the defendant’s negligence led to her suffering. This case involved the tort of negl igence that has been a topic of discussion on the evidence of negligence (Stephenson 1996). In tort law, negligence is defined as the failure to execute reasonably, that is, as a normal man would perform. Therefore, according to Harlow (2005) â€Å"negligence is the omission to do something which a reasonable man, guided upon those considerations which normally regulate the demeanor of human affairs, would do, or do something which is prudent and reasonable man would not do.† Having defined negligence as a tort, it is of importance to note that it has remained the most vital tort in modern law (p. 8). This is because it utterly concentrates on the infringement of a legal duty to take care, which may result to damage of property or injury to the claimant. Negligence is known to cause individuals

Technology and beck's concept of world risk society Essay

Technology and beck's concept of world risk society - Essay Example Using this definition as the starting point, we get the subsequent argument that ‘Systemic events’ showed that industrial societies were generating hazards ‘that they could not control’ (Beck, 1999, 51, 44, 72). ‘Compounded risk’ had become the new meta-norm in a networked society (Daniell, 2000, 18). Hence, the thinking here is that the world is spinning out of control with people in the grip of â€Å"blind and impersonal† forces that they can neither control nor comprehend. In this context (Obama, 2006), the development of contraceptive pills and their widespread use has to be seen as a valiant effort at providing â€Å"space† to the marginalized (ethnic minorities, women) as a means of empowering them and providing them with reproductive choices. Ulrich Beck’s World Risk Society (1999) was a sociological meditation on the interlinked forces of ‘globalization, individualization, gender revolution, underemployment, and global risks (as ecological crisis and the crash of global financial markets)’ (Beck, 2000, 2). Beck examined the ‘risk calculus’ concept, the power dynamics and sociology of risk (why groups profit from ‘manufactured uncertainty’), the ‘sub-politics’ of global dissent (anti-globalist and environmental campaigns), and how reflexive modernity uses conjecture in response to crises. Beck’s work was essentially a treatise on the chaos that the processes that we shall talk about subsequently were unleashing on the world. In this context, Beck was in consonance with other social scientists that foresaw a dystopian vision for humanity and tried to warn us to the inherent dangers. In such a bleak scenario, it is worthwhile to consider the fact that the development of contraceptive pills is indeed a bright spot in an otherwise anarchical situation. For instance, Kaplan in his book The

Mercutio In Romeo And Juliet

Mercutio In Romeo And Juliet In the play Romeo and Juliet, Shakespeare has created several memorable characters, aside from the witty, humorous, and theatrical character of all time Mercutio. Mercutio is neither Capulet nor Montague, but is portrayed as a very close friend to Romeo. Yet Mercutio and Romeo both very dissimilar views on love and on life in general. This is clearly conveyed through Mercutios witty wordplay and language within the play. Primarily the prologue in Romeo and Juliet plays an important role in giving information on were the play is set and what it is about. Shakespeare begins with the most renowned line in literature two households emphasize the theme family, Montagues and Capulets both alike in dignity yet involves another theme power. The prologue also introduces fatalism to the audience as the word star-cross`d lovers suggests stars determining destiny and the words cross`d lovers foreshadow the death of the lovers. The juxtaposition of antithetical ideas in the prologue creates the effect of anticipation and suspense , Shakespeare uses antithesis such as Death ,love and life to summarise the key themes and to foretell and intensify that a tragedy will take place. Mercutio can represent a number of comparisons and contrasts to other characters by means of his quick wit and optimistic attitude. In Act 1 Scene1 the themes hate and conflict are extremely expressed through the characters Benvolio and Tybalt. The character Tybalt is seen as very vulgar and aggressive since he chooses to emphasise on the words hate and hell, he then goes onto say I hate, all Montagues suggests he is only interested in fighting the Montagues and everything he seems to say is negative and full of frustration and disgust. In addition Benvolio, one of Mercutios close friends is seen as the peace maker, unlike Tybalt he is determined to stop the fighting and keep the peace . While Benvolio is calm, sensible and reliable, Mercutio tends to be sarcastic that follows his emotions, but is still remembered as this distinctive dramatic character. Whats more, Prince Escalus the voice of authority appears onto scene and demands for the fight to stop. Shakespeare uses antithesis in the Princes speech you men, you beasts to show his reaction, furthermore the prince can be seen as a character with such emotion as he begins to use violent imagery and says quench the fire of your evil hate and throw your Mistemper`d weapons suggests he is a mediator, like Benvolio and would like to see the feuds in Verona to stop. The juxtaposition of antithetical ideas in the quote Disturb our streets again he proclaims your lives shall pay the forfeit of the peace foreshadows the death of Mercutio and Tybalt. Later on in the Scene, the themes friendship, loyalty and love are expressed through Romeos unrequited love for Rosaline. When describing her physical beauty to Benvolio, Romeos descriptions are dreamy yet depressing. Shakespeare displays courtly love through the character Romeo and his infatuation for Rosaline when he begins to pine in despair out of her favour and then uses oxymorons O brawling love! O loving hate! to create a dramatic effect by swiftly switching two major themes together love and hatred , also creates confusion and gives an impression that he is self absorbed and immature. Throughout the scene Benvolio calls Romeo coz and this shows their extremely strong relationship also Benvolio is seen as a loyal and considerate friend when he continuously questions tell me in sadness ,the word sadness highlights the strong bond and respect between the two friends. On the other hand, Shakespeare presents the character of Romeo as over exaggerated and melancholy when Romeo use s hyperbolic language to convey his obsession with Rosaline he compares himself to a sick man in sadness, suggests his conceited mentality. In addition another very close yet different friend to Romeo is a character called Mercutio. Shakespeare chooses to include this humorous and spontaneous character after the audience has seen Romeo and his lovesickness, to create a dramatic effect by showing their opposing views on love. Mercutio, Benvolio and Romeo all sneak into the house of Capulets hoping that Romeo will enliven as Mercutio tells Romeo he must dance shows their close and friendly friendship. Romeo can be seen as depressing when he using a metaphor on the word soul while talking about Mercutios nimble soles referring to his own soul being stuck to the ground. Then Romeo expresses his confusion by saying is love a tender thing he goes onto create bestial imagery by describing love as rude , boisterous and pricks like a thorn gives us his mix yet positive views on love . Nevertheless Mercutios attitude towards love, contrast as he advises Romeo to retaliate back to love by prick love for pricking and beat love down shows he has a negative overview on love. The words prick and beat also show how frustrated he is and that he doesnt want his infatuation to ruin their friendship, we begin to see a diverse side that conveys he is kind and caring. Mercutio begins to mock Romeo with witty wordplay and sceptics when Romeo talks about having had a dream; Mercutio delivers a nonsensical speech on Queen Mab being the fairies midwife who rides a chariot made of an empty hazelnut suggests that all desires and fantasies are corruptive and futile .Shakespeare juxtaposes certain words together with antithetical ideas ,giving a reflection on Mercutio by the use of vivid images of opposing lawyers and lovers , soldiers and fairies also refers to some opposing themes in the play such as love and hatred. Moreover the misogynistic view in the speech about Queen Mab riding over soldiers neck and violent vivid imagery of cutting foreign throats foreshadows death and fighting by giving a negative vision that the whole concept of dreamers and being in love is dangerous as well as substantial. Through the Queen Mab speech Mercutio degrades women, yet captivates the audience in talking nonsense creates humour. In Act 2 scene1, the theme of true love is conveyed when Romeo has seen beloved Juliet he climbs onto the Capulets wall, whilst Mercutio and Benvolio call out for Romeo, Mercutio mocks Romeos infatuation for Rosaline shouting Madman , lover and refers to Venus the roman goddess of love. Then Mercutio uses the theme of petrachan love to describe Rosalines high forehead and scarlet lip to tease Romeo. Shakespeare uses dramatic irony as we as readers know its not Rosaline, Romeo loves. However Benvolio has a lot of concern for Romeo as he says if he will hear it will anger him; Mercutio on the other hand thinks it cannot anger him signifies Mercutio is a better friend as he tells the truth to benefit Romeo. Shakespeare uses satirical irony when expressing the theme of loyalty between Mercutio and Romeo. He describes Rosaline as a pale Hard-hearted wench and then uses imagery to describe Romeo as dead and stabbed , but due to love not hatred creates another dramatic effect of the role of Mercutio. Mercutios interaction with Romeo grows strong as he clearly states Romeo isnt strong enough to encounter Tybalt at a duel he then begins to mock Tybalts fashionable fighting by calling him the prince of cats tells us he is brave to protect Romeo. Mercutio also uses rhetorical language when insulting Romeo on groaning for love? conveys his cynical belief on love. Shakepeare has also displayed the character of Mercutio as both outrageous and fascinating when he mocks the nurses weight, comparing it to a sail! and calls her ancient tells us Shakespeare has done this to create wittiness and also to drive the entire play forward. Plus Mercutio and Romeos rapid interchange, indicates Romeo is quick to understand Mercutios witty wordplay. Furthermore the character Benvolio is displayed as blood and patient, when he tries to stop Mercutio to scape a brawl Mercutio begins to aggravate Benvolio in saying he will quarrel with a man for cracking nuts suggests Benvolio isnt quick to comprehend Mercutios clever wordplay. Mercutio also likes creating a scene when Benvolio tells Tybalt and Mercutio to reason coldly of their grievances , Mercutio seems to not care in saying let them gaze ,his own arrogance is leading to the tragedy of his death. When Tybalt insists in fighting with Romeo , Shakespeare uses dramatic irony in portraying the character of Romeo to be an innocent , love puppy who talks about loving the Capulets name as his own foreshadows the relationship of Romeo and Juliet. Ultimately the scene changes from bawdy comedy to dramatic tragedy when the role of the comic foil in the play comes to an end. Mercutio uses a metaphor and visual imagery when provoking Tybalt in comparing him to a good king of cats who has Nine lives represents his loyalty towards Romeo. Shakespeare dramatises Mercutios death as it hides his feelings over humour creating theatrical tension, Mercutio uses powerful language in cursing the two feuding families a plague on both of your houses he then goes onto using repetition whilst being sarcastic Ay , ay ,a scratch signifies his strong and brave personality all to protect Romeos Honour. By killing of the character of Mercutio, the character of Romeo changes from a romantic archetypal petrachan lover to a villian who kills Tybalt.

The Effects Of Scientific Discoveries And Darwin’s Theories To Thomas Hardy’s: “Hap”

The poem will be interpreted that the agony of the writer will diminish only if he will identify someone who is the source of all the agony that he suffered. He was looking for somebody to blame for his shortcomings, agonies, pains, and suffering (Davidson). The presence of somebody in existence will be beneficial to him so that he can blame and point to it all the antagonism shaped by all the pain that he experience (â€Å"Thomas Hardy (1840-1928)†). But frustrations set in for him.He was unable to find out somebody that existed to blame after (â€Å"Hap†). He was not able to prove that there is someone that controlled all the possibilities that happened to his life. Later on, he only said that all was a product of unplanned possibilities. Just like he was only tripped. Accidental possibility is liable for his agony was the focus of the poem and there is no scientific reason behind everything that is happening to one’s life. Just like Jesus Christ, he exists in the minds of many people but his biological proof is not yet clear.The church created him as super natural being but in fact he never existed. Centuries had passed but no one can justify that he indeed existed. It was all a product of stories that was passed through generations. Stories that later on became factual in the beliefs of people. It is only a myth that had eventually developed like a principle or a law that is unbreakable through time. A principle or a law that can be acceptable even we are already in the information age.This mindset is opposite to the idea of biological theory that all things came from something, evolved and develop through time. And not just a single possibility that we keep on believing although we know that it is not true. Darwin’s Theory was a product of science that is more believable than legends (â€Å"Charles Darwin†). It is a result of biological evolution with scientific basis. Scientific basis that is more reliable than methodolo gical or logical basis.

Coke/Pepsi Swot Analysis Essay

Strengths: 1. In 1993 Coke held a 59% share of the fountain market—using it to promote the brand further. 2. Coke earned a high percentage of its profits in the international market. They established themselves with the help of â€Å" ‘anchor bottlers’—large, committed, and experienced bottling outfits like Norway’s Ringnes and Australia’s Amatil† 3. During WWII Coke was able to establish itself in the European and Asian markets with the help of the government because it was being sold to the American troops in those regions Weaknesses: 1. Coke’s imagine could not compete with Pepsi’s â€Å"Pepsi Generation† campaign because it was perceived as being one of small town and outdated 2. Business relationships with bottlers have not been standardized 3. Carbonated drinks faced completion of â€Å"new age† drinks. Opportunities: 1. Quick response to â€Å"new age† beverages with the introduction of PowerAde, Nordic Mist, Tab Clear and its partnership with Nestea. 2. The potential growth of the international market of 7% to 10% per year (Eastern Europe, China India) 3. Overhauling image to target the youth market Threats: 1. India’s government requesting that the formula be disclosed to them 2. Pepsi’s marketing campaigns like the â€Å"Pepsi Challenge† & the â€Å"Pepsi Generation† 3. FTC looking into the franchise territory agreements Pepsi: Strengths: 1. Aggressive and innovative marketing campaigns 2. Acquisition of restaurants 3. Introduction of 13 new products 4. Michael Jackson as a celebrity endorser Weaknesses: 1. Carbonated drinks faced completion—â€Å"new age† drinks 2. Youth was main target group 3. Lack of presence in the international market Opportunities: 1. Acquiring Seven-Up’s international operations 2. Acquired bottling operation systems 3. Response to growth in the Tea market –partnership with Lipton Threats: 1. Coke’s quick responses to all marketing strategies 2. Market focus was strongest in North America/too little international focus 3. Private label phenomenon in supermarkets

The, The Party For God Essay - 1556 Words

Hezbollah To some Hezbollah, the â€Å"Party for God†, is a political group fighting for nationalism and to others, particularly western cultures; Hezbollah is a very dangerous terrorist organization. Hezbollah is a Shiite Muslim group based in Iran and Southern Lebanon. They have an extensive network that crosses international borders and consists of everything from schools and hospitals to a television station. Hezbollah was formed following the 1979 Iranian Revolution. In the early ‘80s, there were a number of rebels and terrorist groups in the region who were carrying out attacks under various names within the umbrella of the newly formed Hezbollah (White, 2014). According to Jonathan White in Terrorism and Homeland Security, â€Å"Hezbollah acted more or less like a terrorist clearinghouse.† It wasn’t until 1985 that the leaders of Hezbollah brought all of the groups together under a united front. They felt that this would strengthen their cause and further their effect. During the early days of Hezbollah the Iranian Revolutionary Guard provided much of its support (Laub and Masters, 2014). Hezbollah has essentially been doing Iran’s dirty work in their fight against Israel. Both Iran and Hezbollah want the annihilation of Israel and won’t stop until it is eradicated entirely. The current Iranian President, Mahmoud Ahmadinejad, has said many times in the past that Israel is a â€Å"disgrace† and has no place being in the Middle East (Charbonneau, 2012). It is very clear that Iran’sShow MoreRelatedThe Is The Party Of God2661 Words   |  11 PagesAbstract When translated, Hezbollah means â€Å"The Party of God.† However, as we examine the history, demographics, agenda, methodology and target choices and affiliation assignments and contributions of Hezbollah, we discover that this organization was established with perhaps one goal in mind and that is to strike fear into the hearts of those that oppose an Islamic state in Lebanon. Therefore, as the self-proclaimed â€Å"Party of God,† based on the history of their activities and actions, they appearRead MoreGod Is The God Of Wine And Parties963 Words   |  4 PagesDionysus is the god of wine and parties. He is the son of Semele, a mortal, and Zeus, god of the sky and ruler of all the gods. There have been many similarities between Dionysus and Jesus made by people throughout history yet we have to wonder why do we need Dionysus? He is not exactly the most moral god ever. Is he actually important and necessary in Greek mythology? Does his danger outweigh his importance an d necessity? What is the play telling us about sanity and insanity? There have been soRead MoreBrave New World, And 1984 Replace The Existence Of God1370 Words   |  6 Pagesare free to worship and praise God s existence, as well as acknowledge that they are constantly being watched by him. This confidence in God creates a sense of security and hope for the community that there is a purpose for their existence, and the world does not come to a tragic end after death. Yevgeny Zamyatin, Aldous Huxley, and George Orwell, authors of WE, Brave New World, and 1984 replace the existence of God with leaders or objects that symbolize their new â€Å"God†. Although the concepts of adorationRead MoreThe Protection Of Innocent Human Life916 Words   |  4 PagesIn its preamble, the Republican Party of Texas states, â€Å"If we fail to maintain our sovereignty, we risk losing the freedom to live these ideals.† The Republican Party believes in sovereignty of our state, our nation, and of ourselves- that we have a right to â€Å"Life, Liberty, and the Pursuit of Happiness†. I support the Republican Party and its ideals including, but not limited to, the protection of innocent human life, traditional marriage, and its stance on immigration because they protect our rightRead More 1984: The Control Of Reality For Control Of The Masses Essay1103 Words   |  5 PagesControl of the Masses 3 KEY POINTS: 1. The Party Controls History 2. The Party Controls the Conditions of Human Psychology 3. The Party Controls god. How The Party Controls Reality: How does the party controls history? How does it affect the present? How does scarcity affect human psychology? What role does Big Brother play? Outline: Introduction: State Topics: The Party Controls Reality to control the people It controls History, Psychology and god. Paragraph 1: History: Explain RevisionismRead MoreCovenant : A Special Type Of Relationship919 Words   |  4 Pagesmaking allowed two parties, who were not related by blood, to enter into a special bond. There is considerable evidence to suggest that the concept of covenantal relationship was common in the ancient Near East. J. Arthur Thompson believes that one should keep the idea of covenant sacred, â€Å"In translating the word it may be helpful to use different terms such as agreement, alliance, league, or treaty, according to the sense, and to preserve the term â€Å"covenant† for the berà ®Ã¡ ¹ ¯ between God and man.† TheRead MoreEssay about Covenants844 Words   |  4 Pagesimposed, that bind the parties to each other in permanent defined relationships, with specific promises, claims, and obligations on both sides. There are essentially two types of covenants in Scripture: a covenant of works and a covenant of grace. A covenant of works does not offer salvation and will result in the spiritual death of those who trusts their ability to fulfill their part of the covenant. The reason for this is because the covenant is annulled if either party fails to perfectly fulfillRead MoreThe Maya And The Mayan Civilization1439 Words   |  6 Pagesastonishing amount of impressive architecture and symbolic artwork,† (Maya). They also gave mankind the modern calendar (Jarus, Maya). The Mayans were a very advanced people, but one of the most important things in the Mayan culture was their religion/god worshipping rituals. The Mayans were an architectural type of people who based some of their masterpieces off of their religion. The Mayans built things like pyramids and monuments, which were very important (Maya). They used limestone, gold and copperRead MoreThe Idea Of A Covenant1706 Words   |  7 PagesMany people have a different understanding of what the word â€Å"covenant† truly is but to the Catholic Church, it only has one correct meaning. According to the Catholic teaching, a covenant is said to be a binding agreement between man and God in which you cannot break. It is something not to be taken lightly but rather to heart however it is often compared to a contract which many feel are not similar in any form. With this in mind, the purpose of this paper is to examine the notion of a covenantRead MoreBrave New World And 19841150 Words   |  5 Pagesmany different religious groups and practices that make up the simple fibers of our existence. The novels Brave New World and 1984 give us two different insights into what a world without religion would be like. Even though there is no true mention of God or other religions. Brave New World was written in 1931 by Aldous Huxley and later published in 1932. The novel is set in London in the year A.D. 2540, it anticipates developments in reproductive technology. Following Brave New World he wrote Brave

Poetry Analysis of Limbo, Blessing and Half Caste Essay

Poetry Analysis of Limbo, Blessing and Half Caste I have chosen four different poems of which come from varying cultural backgrounds and have a moral. I will now explain how the writers present their ideas and give the readers an insight into different cultures. Limbo is a poem, which shows us the feelings of slaves on slave ships written by Edward Kamau. This poem tells the story of slavery in a rhyming, rhythmic dance. It is ambitious and complex. There are two narratives running in parallel, which are, the actions of the dance, andthe history of the people, which is being enacted. The poem shows a lot of repetition of phrases such as Limbo Limbo like me, Limbo Limbo like me. This†¦show more content†¦From my own knowledge I know that a specific Christianity belief is that the word Limbo means a place between heaven and hell. This is where souls go and this is a very unpleasant place, which is difficult to escape, so the writer may be referring Limbo to be the unpleasant place between heaven and hell and not just a dance. John Agard: Half-Caste The poem half-caste develops a simple idea of the phrase Half Caste and gives the ironic suggestion of things only being half present. The writer opens the poem with a joke like half-caste is only like half made and the speaker stands on one leg as if the other is not there. Agard ridicules the term by showing how the greatest artists mix things - Picasso mixes the colours, and Tchaikovsky use the black and white keys in his piano symphonies, yet to call their art half-caste seems silly. The writer playfully points out how Englands weather is always a mix of light and shadow - leading to a very weak pun on half-caste and overcast (clouded over). The joke about one leg is recalled later in the poem, this time by suggesting that the half-caste uses only half of ear and eye, and offers half a hand to shake, leading to the absurdities of dreaming half a dream and