Precedent in English Law Essay Example | Topics and Well Written Essays - 1000 words

Precedent in English Law - Essay Example It is always considered to be the rule-based, legally well-established case law. "The fact that English Law is largely a system of case-law means that the judge's decision in a particular case constitutes a 'precedent'The judge may simply be obliged to decide the case before him in the same way as that in which the previous case was decided, even if he can give a good reason for not doing so," Cross and Harris (1991, p.4). There is no doubt that precedents have not remained what they used to be and as the society evolves, some of the precedents might become irrelevant and it is left to the court's discerning judgement where and how to apply these highly useful precedents. "Rather, what is common to all the various traits of free judicial decision-making is their critical attitude towards the formalist premises of legal positivism and the ideology of bound judicial decision-making," Siltala (2000, p.5) and he argues that legislative techniques have undergone great change in 20th century which has given way to 'judicial anti-formalism'. Precedent spells the legal authority in the form of a forgone legal case that had reached a judgement that could be described as 'out of the track'. It does not say that similar judgement should be established every time; it only becomes a mandatory example from which either the judge could derive inspiration or measure the new case from that angle. Court is expected to consider such precedents before interpreting law for another judgement. Precedent is a landmark decision that could be applied to other cases, but according to independent circumstances. "The rule-based model suggests that the function of precedent is to settle the law so that it can guide individuals and the courts. The reason-based model suggests that the function is to compensate for the erosion of consensus in the common law by simultaneously fixing starting points for decision-making without giving the judiciary lawmaking power" http://journals.cambridge.org/download.phpfile=%2FLEG%2FLEG11_01%2FS1352325205050019a.pdf&code=303b5dd539d0786a50aadfcbedad50cd Precedents could be mandatory/binding or persuasive, depending on the importance of the said precedent, and also depending on the exclusive circumstances under which it was delivered and the authority who created the precedent. Usually binding precedents are created by higher courts for the lower courts to follow. If created by a lower court, it is never binding on the higher court, although it could take it as a matter of sound significance. Even if it is binding, this does not mean that the lower court has to follow it to the letter unless it is 'directly in point' and no additional cases could be formed on the precedent case. Also in rare occasions, a higher court can overturn the judgement of precedent case, or sometimes even limit the scope of the precedent. Even when they are binding, they do so in a certain ratio, which was highly pronounced in Duncan v Cammell. "On that criterion the ratio decidendi of Duncan v Cammell, Laird would have to be "the" reason which explains the holding on "the" material facts and nothing wider. Therefore all utterances in the precedent case which went in verbal ambit beyond such a reason, even though that ambit might seem to govern the instant facts, did not in law do so. For they were simply not a part of the ratio of Duncan's case," says Stone (1985, p.133).

Internet and Ideology Assignment Example | Topics and Well Written Essays - 250 words

Internet and Ideology - Assignment Example By contrast science’s acceptance was objectively linked with the perception of agreement among the scientists. Rejection of scientific propositions repeatedly implicates conspiracist ideation even without insufficient empirical evidence. Lewandowsky et al. analyzed the response of climate blogosphere to LOG12 publication and followed the hypotheses surfacing in response to LOG12. The multi-phased search involved sampling of LOG12-related Internet activity and deriving six criteria to permit hypotheses’ classification pertaining to potentially conspiracist LOG12. Use of established criteria showed how many hypotheses reflected counterfactual thinking and conspiratorial material. Conspiracist ideation possibly has a role in the rejection of science. To explore the relative importance of projecting alternative explanations in contrast to rejecting conventional explanations for events, Wood and Douglas studied conspiracist and conventionalist comments on news websites. They found conspiracist commentators having greater tendency to argue against opposing interpretation and lesser tendency to argue for their own interpretation or to put forth an account explicitly whereas conventionalist commenters demonstrated the reverse trend. Research led to identification of a range of differences between conspiracists and

Comment on the article Essay Example | Topics and Well Written Essays - 500 words

Comment on the article - Essay Example In this case, you should not have included the semi colon within the sentence because it does not fit there. You have also some sentence structure mistakes, which you need to correct. For example, you state, â€Å"They decide to both die if the game expects only one winner† (Alajmi 4). Here, you have added the word ‘both’ unnecessarily. You should have written ‘both of them’ instead of ‘they decided to both’. Moreover, you have also made some unnecessary word inclusion mistakes. For example, you state, â€Å"Therefore, despite the strength and better position in which the opponents of Katniss are in† (Alajmi 4). In this sentence, you did not need to include the word ‘in’ at the end of the sentence. Next, you did not introduce the friends of Katniss properly. For example, you just wrote about the kind of care that Katniss gave to Peeta. You did not introduce her at all. Repetition of ideas is another problem that I have found in you paper. For example, you talked about Katniss as a celebrity in paragraph no. 7, as well as in paragraph no. 9. Both paragraphs presented the same idea. You should avoid this in future. You have also made an error in the header section. There should be three spaces between the surname and the page number in the header. You have included only one space. You also need to correct your in-text references. Writing in MLA style, you need to indent the entire quote one inch from the left margin if the total number of words exceed from 40. You did not do this. Moreover, if you write in MLA style, there should be no comma between the last name of the author and the page number. For example, you wrote â€Å"†¦.† (Collins, 135). It should be â€Å"†¦Ã¢â‚¬  (Collins 135). Another thing is that you needed to include 5 direct quotes from the text. You have included just 4. You also need to correct the format of your reference, which you have included in the works cited section. You need to

Review Essay Example | Topics and Well Written Essays - 500 words - 8

Review - Essay Example ics to determine the positive and negative correlations between and among the prevalence and incidence of pulmonary diseases among employees and the heterogeneous contributory factors such as the duration exposure to unleaded gasoline, employee position and work practices at Nalco in Manila. This researcher suggests unleaded gasoline use for the benefit of all employees in particular and people in general in the Philippines. This research focuses on many related aspects such as short-term and long-term social costs and benefits. While social costs of not using unleaded gasoline and its impact on health of the people in the Philippines would be investigated with reference to Nalco, benefits would be investigated with general reference to a larger population sample in the Philippines. The study in full would investigate health, social, economic and the environmental impact. Environmental organizations and critics in the Philippines have time and again pointed out that the Filipinos’ state of health, especially in Manila, has been deteriorating over the years primarily due to air pollution caused by the ever increasing use of leaded gasoline (Brandon et al 2007; Sastry 2002). These critics have particularly sought to focus attention on the causal factor of using leaded gasoline as a direct impacting agent on the general health factor of the nation (Louella et al. 2006). This state of affairs particularly warrants a comprehensive HIA in Manila. A series of health impact assessments will be made in this HIA to analyze the existing literature on the extent and the incidence of negative health effects on the Filipinos. One of the health impacts would be focused on the verifiable statistical measures such as the mean, the mode and the median population samples that have been affected within a particular locality (AHA 2010). Manilans become the central point of focus while most of the theoretical and conceptual references would be focused on the Nalco employees. Next,

The Aftermath of World War One Essay Example | Topics and Well Written Essays - 250 words - 1

The Aftermath of World War One - Essay Example The race to attract the new colonies became utterly competitive. At the same time, the Ottoman Empire was decaying at a high rate. The nation that had been under the rule of Ottoman became independent resulting into change of balance in Europe. Various ethnic groups of Austria-Hungary began to fight and push for their independence. Trouble, however, came up in Weimar Germany after the Versailles treaty. Various dissatisfactions of the treaty emerged including loss of most of the territories of German speakers. Adolf Hitler and the Nazis took over power based on these dissatisfactions and came up with ideologies, which included unifying Germans to a single nation. Tension was created by the dissatisfaction and the ideologies brought about by the Nazis. As a result, Britain collaborated with France threatening to form a two-front war in Germany. Germans signed the non-aggression pact with USSR for their support thus dividing Europe into two: Nazi and Soviet influence spheres. This sparked the Second World War in September

Gender and Cultural Differences in Communication Essay

Gender and Cultural Differences in Communication - Essay Example Verbal communication is best used to convey particular information and is especially suited for communication via technology and over longer distances. Non-verbal communication, on the other hand, is immediate compared to the former. This causes its meaning to be more ambiguous, despite the fact that various non-verbal communication forms, for example, the use of eyes and hand gestures, have the ability to convey the emotions with more effectiveness than verbal communication can. Various technological communication media such as a film can also convey many forms of non-verbal communication. Verbal Gender and Cultural Differences During verbal communication, men will normally tend to give solutions, whereas women will tend to focus more on empathy. This mirrors the fact that women are more oriented towards solidifying relationships while men in most occasions are more goal-oriented. Differences in communication across the gender divide also extend to non-verbal communication. Various gestures may be decoded one way by a man and differently by a woman. Persons from various cultures also differ in their manner of expression, even when the words and their literal meanings are translated to the listener’s native language. In some cultures, the word â€Å"yes† could really mean â€Å"maybe† while in another culture, â€Å"yes† could be considered a commitment that is binding. Women are usually better at the interpretation of non-verbal means of communication compared to men. Men also tend to be less accomplished when it comes to sending non-verbal and subtle messages.

Fauvism Essay Example | Topics and Well Written Essays - 250 words

Fauvism - Essay Example In Gauguin’s painting, pure and flat red was used to present the message in full intensity so as to point out the seriousness of the subject matter. Red can also be related to anger or passion (Art Factory, n.d.; Elements of Art). Famous fauvism painters include Henri Matisse, Andre Derain and Raoul Dufy. Henri Matisse (1869-1954) painted The Roofs of Collioure (1905, oil on canvas) and The Open Window, Collioure (1905 oil on canvas). Andre Derain painted the Portrait of Henri Matisse (1906 oil on canvas) and The Turning Road at LEstaque (1906 oil on canvas). On a personal notion, I agree with the view of the artists of fauvism. Colours can depict feeling. It can also affect the feeling of the beholder of the artwork. For example, in a painting about war, red and black is commonly the most prominent. The present era though also commonly practice the notion that colours can bring the emotional element of the painting, thus, depicting the effect of fauvism. It can also be considered impressionist in nature since prioritizing colour can mean that the painting does not follow the realistic colours of the subject e.g. Andre Derain’s Portrait of Henri Matisse (1905). In conclusion, fauvism has great effects in the present view of visual arts regarding colours. It also contributed to the freedom of using colours outside the confines of realism or how subjects may have appeared in