"Justice should not only be done, but should manifestly and undoubtedly be seen to be done." - Lord Hewart
"Justice should not only be done, but should manifestly and undoubtedly be seen to be done."1 - Lord Hewart "This is not about your client's harsh upbringing, nor their life-story, this proceeding regards the law."2 - District Court Judge Introduction The popularised image of courtroom dramas in no way prepared me for the everyday realities of our court system. Interestingly, glimpses of this over-dramatised form of the law appeared on occasions, through the conduct of enthusiastic prosecutors or dry magistrates. The marked separation in formality, conduct and atmosphere of each court was of more surprise than the variations in procedure. The local courts were characteristic of what might be called 'assembly-line law', where large numbers of cases were dealt with summarily, the magistrate often taking only minutes to move the accused on. The cases were simple and repetitive, it became difficult to see the participants as individuals, instead of yet another number to be dealt with. The complexity of the Supreme Court was very different, and the situation far more reflective of the discourse of justice and rationality that the law promotes. Whilst there is clear merit in the argument that different tiers of justice exist3, it is generalist to argue it is the result of an insidious state ideology. Communication difficulties, unrepresented defendants, and uncompromising
Essay "Billy Elliot" Billy´s struggle against gender role restrictions for the opportunity to dance ballet is compared in the film with Jackie´s fight as a striker against his company. This happens on two narrative levels. To be more precise, the desperate fight of the miners that Billy´s father supports at the beginning, as well as he can, is displayed by the useless efforts to prevent Billy from developing into a good ballet dancer and becoming sophisticated. The industrial progress taking place in the depressed area and the cultural advance in Billy´s family cannot be prevented -neither by his father nor by anyone else as the end concluding scenes of the film shows. A scene demonstrating this parallel quite vividly is the (also) parallel sequence where Billy in a lesson works hard to improve his dancing on the one hand and the police defeat the striking workers in their own neighborhood on the other. Taking a look at Billy´s part in the film, I would even say that Billy does not only achieve a cultural education for himself, but he is the one who who makes culture and new working class values accessible to his family. For instance he does not only start to learn ballet, but he also shows an interest in the content described in famous stories such as "Swan Lake". He is the one who thinks differently. No one else in his family would have the courage to behave like
Claire Reilly The New Europe: Understanding the European Union -Evaluate the arguments for and against UK entry into the eurozone. The debate over the United Kingdom's involvement in the eurozone has been prominent ever since the British government decided to withhold UK entry until a later date. Although the euro only became a physical reality across Europe on 1 January 2002, it has been years in the making. The development of the euro dates back to the Treaty of Rome in 1957, when a common European market was declared as a European objective, aiming to increase European prosperity and develop an even closer relationship amongst the peoples of Europe. Following agreements such as The Single European Act (1986) and the Treaty on European Union (1992), the European Monetary Union, EMU, has been introduced, laying the foundations of the single currency. The European Central Bank (ECB) was established on 1 June 1998. It is based in Frankfurt am Main, Germany, and aims to maintain price stability and to conduct a single monetary policy across the euro area. This is done through its own activities and through working with the national central banks. Together, the ECB and the euro area national central banks are known as the Eurosystem. On January 1 2001, the exchange rates of the participating countries were irreversibly set. Member states implemented a common monetary
How much credence should we give to Procopius' portrayal of the empress Theodora? If we omit the chroniclers, there are hardly any sources for Theodora that are written without parti pris. The most important, Procopius of Caesarea, who is our only source for the lurid details of Theodora's early life, presented a different Theodora in each of his three works, the History of the Wars of Justinian in seven books to which an eighth was added later, the Anekdota or Secret History, to give it its popular name, an essay purportedly written immediately after the first seven books of the Wars were published and containing data which were too defamatory to circulate openly1, and the De Aedificiis or Buildings which is a panegyric on Justinian's building program throughout the empire. All these works were written or at least completed after Theodora's death in 5482. In the Wars, Procopius credits the regime's success at suppressing the 'Nika' revolt of 532 to Theodora's courage and imagines a splendid scene which may have some basis in fact, where she declares that she, at least, will not flee the capital city3. The Anekdota is full of scurrilous details about Theodora's early life as an actress and courtesan, and her intrigues at court. In the De Aedificiis, however, the picture is uniformly flattering. The emperor and empress shared a common piety4, he claims, and her loveliness was
Response to Pandemic Death: The Black Death in Europe In his what some perceive to be his best known work, The Decameron, Boccaccio writes about his experience as a witness to the infamous 1348 pandemic known as the Black Death. The Decameron is a collection of stories about the Black Death, in one of which he wrote "The healthiest of all humans ate breakfast in the morning with their relatives, companions or friends, and had dinner that evening in another world with their ancestor"(Boccaccio)! This image suggests the rapid and serious nature of the Black Death that killed nearly 25 million people in Europe from 1347-1352(Janis, Rice, Pollard). As would be expected, a pandemic such as this had immense effects on the people of Europe who witnessed it; people reacted in a variety of ways, some rejected religion and lived a more "sensual life," others lived in seclusion, or even resorted to self-inflicted punishment. So how exactly did the Black Death effect the people of Europe? What were their responses to the pandemic? How did these responses effect the social, religious, political and economic structures of medieval Europe? Some, like Zeigler would say that the course of Europe "changed by the coming of the Black Death, which did but accelerate a movement already in being,"(258) suggesting that the Black Death was merely a catalyst for change. Perhaps this is true, but
Las Disqueras (internacionales): Estructura de las grandes disqueras: La producción musical es una actividad sumamente compleja. Hay que componer las canciones, tocarlas, grabarlas, mezclarlas y masterizarlas, promover el disco, hacerle publicidad y, por último, hay que venderlo. Para poder hacer todo esto de manera eficiente las compañías discográficas están estructuradas en diversas divisiones y departamentos. Las grandes corporaciones del mundo del entretenimiento (Sony, Universal, EMI, AOL- Time Warner y Bertelsmann Music Group) poseen, cada una, un conglomerado de empresas subsidiarias y asociadas, muchas las cuales son sellos disqueros que, a su vez, tienen a otros sellos de menor envergadura asociados a ellos, etc. Esta cadena puede llegar a ser realmente larga, pero en términos de estructura organizacional son los grandes sellos disqueros lo que se encargan de mercadear y vender los discos de los sellos más pequeños. Las grandes corporaciones del entretenimiento están organizadas como cualquier otra corporación: tienen un CEO, un COO, un CFO etc. Luego, cada gran sello disquero que pertenezca a la corporación, tiene un presidente. Por ejemplo, en AOL- Time Warner hay un presidente para Warner Brothers Records, otro para Reprise Records, otro para Atlantic Records etc. Debajo de los presidentes de las disqueras se encuentran los vicepresidentes,
Critically consider all arguments concerning spousal compellability and conclude whether or not it is justifiable.
In 1940, Wigmore described the rule that spouses should not be compellable as: �the merest anachronism, in legal theory, and an indefensible obstruction to truth, in practice.� 1 Whereas Lord Wilberforce stated: �to allow her to give evidence would give rise to discord and perjury and would be, to ordinary people, repugnant.�2 These are two very differing opinions, highlighting the fact that spousal compellability is a highly debatable area of law. Under section 80 of the Police and Criminal Evidence Act 19843 (PACE), spouses are non-compellable unless the offence is one which is specified.4 This spousal privilege has sparked intense criticism and renders the justification questionable. Utilising academic opinion, case authority and relevant sources, I will critically consider all arguments concerning spousal compellability and conclude whether or not I think it is justifiable. Hoskyn v Metropolitan Police Commissioner5was the first significant step towards the PACE. This case concerned a marriage two days before the trial date, the defendant was convicted and he appealed on the grounds that his wife should not have been a compellable witness. The House of Lords ruled that when her husband is charged with violence against her, she is competent but not compellable. There were dissenting judges and vast criticism because of this decision and this
'A gets B to do something that he or she would not otherwise do. Does this sum up the essence of political power?
'A GETS B TO DO SOMETHING THAT HE OR SHE WOULD NOT OTHERWISE DO'. DOES THIS SUM UP THE ESSENCE OF POLITICAL POWER? Questions of power are arguably the most important in the field of politics, and as such the concept of power is one of the most frequently discussed topics amongst political scientists. Power is such a wide concept that this essay will not be able to discuss motivation; that is, why an individual may want to exert power over another individual, although this is a crucial question when discussing this topic. Instead, this essay will focus on the 'faces of power' debate; the three widely recognised faces, decision-making, agenda-setting and preference-shaping as well as Foucault's research into a fourth face of power. As well as outlining the arguments put forward by political scholars, this essay will critically analyse each theory and ultimately sum up the essence of political power. In "The Concept of Power" (1957) Robert Dahl looks at the relationship between preferences and decisions before concluding that power is a one dimensional concept regarding the power of A to affect the decisions of B. Dahl's view of power is that it is quantifiable by counting the number of decisions that are made and determine that whoever has the most decisions in their favour is the most powerful. While analysing Dahl's one dimensional view of power, Hay stated that "the
Do you agree with Scruton (1990) that the main aim of Conservatism is preservation of a pre existing social order?
Do you agree with Scruton (1990) that the main aim of Conservatism is 'preservation of a pre existing social order?' Student Number - 110118471 The issue of analysing the aims of any political ideology is difficult mainly due to the often fractured and conflicting natures of ideologies. There are significant issues arising particularly from the analysis of Conservatism, largely due to its positional stance as an approach which focuses on what is rather than normative claims. Such problems necessarily lead to caution when debating Conservatism, as Eccleshall asserts "the ideology poses serious conceptual difficulties" (2003, p.48). However, when analysing Conservatism, it is evident that Scruton's definition is on the right lines, however I shall argue that such a definition of the main aim of Conservatism is too broad, and that more focus should be on the preservation of appropriate pre existing social orders and the preservation of stability. Moreover, when put into practice, there are numerous examples of reformist branches within Conservatism which in fact go beyond Scruton's claim and seek to reinstate social orders of the past. One of the key premises in the assertion that Conservatism's main aim is the preservation of a pre existing social order is the concept that society is going through a process of degeneration. The idea of regression is as Goodwin (1992) asserts,
Criminal Law Omissions. In the English legal system there is generally no liability for an omission to act, the English legal system does not have a good Samaritan rule neither is there no duty of easy rescue.
In the English legal system there is generally no liability for an omission to act, the English legal system does not have a 'good Samaritan rule' neither is there 'no duty of easy rescue'. Fitzjames Stephen gave a classical example of 'A seeing B drowning and is able to save him by holding out his hand. A abstains from doing so in order that B may be drowned, A will have committed no offence.'1 This example clearly shows that there is no positive duty for B to act, even though B holding his hand out may have saved A's life. This is a controversial issue as the law allows one to watch a person drown without them being prosecuted for any offence. However in some European countries this is different such as in France and Germany where there is a duty of easy rescue and failure to do so will amount to a criminal offence2. As I have earlier said generally there is no liability for failing to act, however there are six exceptions and if a person fails to act then they will be committing a criminal law offence, there is a vast amount of case law in this field which will be used to illustrate the exceptions to an omission. The first exception I will discuss is a special relationship, this is where the law will require an individual to act where there is a special relationship, it is generally recognised the more closer the relationship the more likely the law will impose a duty.