Golden Rule of Interpretation free essay sample

The golden rule is that the words of a statute must prima facie be given their ordinary meaning. We will write a custom essay sample on Golden Rule of Interpretation or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page It is yet another rule of construction that when the words of the statute are clear, plain and unambiguous, then the courts are bound to give effect to that meaning, irrespective of the consequences. It is said that the words themselves best declare the intention of the law-giver. In law, the Golden rule, or British rule, is a form of statutory construction traditionally applied by English courts. The golden rule allows a judge to depart from a words normal meaning in order to avoid an absurd result. The term golden rule seems to have originated in an 1854 court ruling,[1] and implies a degree of enthusiasm for this particular rule of construction over alternative rules that has not been shared by all subsequent judges. For example, one judge made a point of including this note in a 1940 decision: The golden rule is that the words of a statute must prima facie be given their ordinary meaning. Although it points to a kind of middle ground between the plain meaning (or literal) rule and the mischief rule, the golden rule is not, in a strict sense, a compromise between them. Like the plain meaning rule, the golden rule gives the words of a statute their plain, ordinary meaning. However, when this may lead to an irrational result that is unlikely to be the legislatures intention, the golden rule dictates that a judge can depart from this meaning. In the case of homographs, where a word can have more than one meaning, the judge can choose the preferred meaning; if the word only has one meaning, but applying this would lead to a bad decision, the judge can apply a completely different meaning. The main advantages of the golden rule of interpretation are a) Errors in drafting can be corrected immediately . b) Decisions are generally more in line with Parliaments intention c) Closes loopholes d) Often gives a more just result e) Brings common sense to the law . Though the disadvantages of this rule cannotbe ignored Judges are able to add or change the meaning of statutes and thereby become law makers infringing the separation of powers and Judges have no power to intervene for pure injustice where there is no absurdity . The Golden Rule is really an elaboration, extension or moderation of the literal rule. It states that words should be used in their literal meaning only to the extent that it those not produce an absurd or intolerable conclusion, or result. The rule can be applied in two ways. Firstly by the narrow meaning whereby if there is ambiguity in the words of the legislation, preference will be given to the meaning of the word, which does not result in absurdity. In Adler v George , the defendant had been charged under s. 3 of the Official Secrets Act 1920, under which it is an offence to obstruct HM forces ‘in the vicinity of any prohibited place’. The defendant carried out the obstruction inside the area. The defendant was found guilty of the charge the court did not limit itself to the literal wording of the Act. The second use is the wider or broad approach. It is used to avoid an outcome, which is absurd or obnoxious to principles of public policy even if the word(s) only have one meaning. In the case of Re Sigsworth . This was a case of murder and inheritance. Under s. 46 of the Administration of Estates Act 1925, a person, could not inherit the estate of the decease if they had murdered that other person, otherwise the murderer would benefit from his/her crime. ? The Golden rule was first set out in the case of Grey v Pearson , an old British case. The gist of this rule is that if the words are given their ordinary meaning, and it is clear that this meaning does not correspond with the clear intention of the legislature (as one can find in the whole of the statute or other relevant issues), then one can depart from the ordinary meaning of the statute so that one can give effect to the intention of the legislature. As you will see, this rule has its own peculiarities. Lord Wensley Dale’s statement in Grey v Pearson is important: We are to take the whole statute together and construe it altogether, giving the words their ordinary signification, unless when so applied they produce an inconsistency, so as to justify the court in placing on them some other signification, which, though less proper, is one which the court thinks the words will bear.

Defining a Tragedy Essay Example For Students

Defining a Tragedy Essay Greek philosopher Aristotle proposes components of an ideal tragedy in his work, Tragedy and the Emotions of Pity and Fear. According to Aristotle, there are six components of a great tragedy: plot, character, thought, verbal expression, song, and visual adornment. He dissects these components in great detail and provides standards for all of them. In his play Bacchae, Euripides resembles much of Aristotles components of an ideal tragedy. Euripides has only few deviations from the Aristotelian tragedy.To Aristotle, a tragedy is defined as an imitation of action and life, not of an imitation of men. Therefore, he places higher emphasis the role of plot in a tragedy, rather than the role of character. He describes the species and components of a plot in great detail. For completeness, a plot must have a beginning, middle, and an end. A plot should be structured so that every part is necessary for completeness. The elements of a plot are peripety, recognition, and pathos. Peripety is a change in fortune, recognition is a change from ignorance to knowledge, and pathos is a destructive or painful act.Furthermore, Aristotle states that a tragedy is not merely an imitation of actions, but of events inspiring fear and pity. Such an effect is best produced when events are surprising yet at the same time, they logically follow one another. A well-constructed plot should, therefore, not have a change of fortune from bad to good, but, on the other hand, from good to bad. A good plot should leave an audience feeling pity and fear. To produce this effect, actions must happen between those who are near or dear to one another. For example, a brother killing a father leaves a more impressionable feeling than an enemy killing an enemy does. Although Aristotle feels that a good tragedy arouses solemn emotion, an audience should not be left in a state of depression. Both the characters and the audience should end with a purging of emotional catastrophe, known as a catharsis. The aspects of Aristotles ideal plot are well represented in Euripides Bacchae. The play begins with Dionysus prologue describing his birth to mortal Semele and immortal Zeus and his journey from Asia to Greece. He reveals that he has come to Thebes to gain recognition and worship as the god of nature, ecstasy, creation, and destruction because his aunts deny him and what he stands for. To prove his immortality, he forces all Theban women to wander in madness under trees. Dionysus attempts to spread a cult of his followers in the city of Thebes. The king of Thebes, Pentheus, disapproves of the Bacchic rites and tries to suppress the cult. A change of fortune occurs when Pentheus cannot resist the spell of Dionysus and thus he succumbs to the gods power. The play ends with Pentheus savagely destroyed in his failure to suppress the cult. The city of Thebes remains under the spell of Dionysus. The audience is left to feel pity and fear because Pentheus own mother takes part in his killing. This play reflects Aristotles ideal tragedy in that the change in fortune went from good to bad. Euripides uses the literary device of a deus ex machine in Dionysus final appearance. The term deus ex machina refers to a divine intervention to resolve a dramatic dilemma. Dionysus reveals himself as a god and explains his punishment for his disbelievers. The audience experiences a catharsis by realizing that civilization should make room for natural human urges toward ecstasy and joy. If they do not, those urges will sicken and destroy us from within. In respect to character, Aristotle defines a tragic hero as one who must have high status but must also be noble and virtuous. However, though the tragic hero is highly distinguished, he is not perfect. .ud6f39029168d1edcf693846ad4370d6d , .ud6f39029168d1edcf693846ad4370d6d .postImageUrl , .ud6f39029168d1edcf693846ad4370d6d .centered-text-area { min-height: 80px; position: relative; } .ud6f39029168d1edcf693846ad4370d6d , .ud6f39029168d1edcf693846ad4370d6d:hover , .ud6f39029168d1edcf693846ad4370d6d:visited , .ud6f39029168d1edcf693846ad4370d6d:active { border:0!important; } .ud6f39029168d1edcf693846ad4370d6d .clearfix:after { content: ""; display: table; clear: both; } .ud6f39029168d1edcf693846ad4370d6d { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .ud6f39029168d1edcf693846ad4370d6d:active , .ud6f39029168d1edcf693846ad4370d6d:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .ud6f39029168d1edcf693846ad4370d6d .centered-text-area { width: 100%; position: relative ; } .ud6f39029168d1edcf693846ad4370d6d .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .ud6f39029168d1edcf693846ad4370d6d .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .ud6f39029168d1edcf693846ad4370d6d .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .ud6f39029168d1edcf693846ad4370d6d:hover .ctaButton { background-color: #34495E!important; } .ud6f39029168d1edcf693846ad4370d6d .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .ud6f39029168d1edcf693846ad4370d6d .ud6f39029168d1edcf693846ad4370d6d-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .ud6f39029168d1edcf693846ad4370d6d:after { content: ""; display: block; clear: both; } READ: A woman's journey: The significance of the uphill road Essay His imperfection is called the tragic flaw. The tragic hero suffers misfortune brought about by some error or frailty, not because of wickedness or cruelty. In the Bacchae, Pentheus fulfills Aristotles necessary qualities of a tragic hero. His demise is caused by his tragic flaws of excessive pride and overconfidence. He rejects the Bacchic rites because he is too proud to follow the cult and

Sample Topics For A Rhetoric Essay

Sample Topics For A Rhetoric EssayIf you are new to online college essays, you should consider taking a few steps to create your own sample topics for a rhetorical essay. Creating sample topics for a rhetorical essay will ensure that you have the right tone, style, and format for your essay.Sample topics for a rhetorical essay are relatively easy to come up with. You do not have to search through the local library, you do not have to seek out a professor to give you guidance, and you do not have to pay someone to do the work for you. All you need is the basic facts about the story that you are writing and a few sentences or paragraphs describing the different characters involved in the story.While this sounds a little bit like a lot of work, this will help you create a professional, entertaining, and interesting essay. There are only a few things that you will want to avoid when creating sample topics for a rhetorical essay.First of all, you do not want to add too much detail into yo ur essay. While some students enjoy writing a long dissertation that leaves no questions unanswered, others would prefer to get right to the point.Second, you do not want to write too many pages or write any kind of text that does not fit with the way you write when you first start writing. It is vital that you maintain a conversational tone throughout your essay and make it easy for the reader to read and understand. Too many details in your essay will ruin the conversational flow and make the whole essay feel dry and formal.Finally, remember that your essay can end at any time, so it is important that you only concentrate on the good parts of the story. Although some students enjoy creating lengthy and detailed essays, others prefer to focus on their arguments and create a concise, fun piece.These tips will help you create a more impressive essay. Remember that you do not have to look through a dictionary to find the right words, and you do not have to spend hours carefully crafti ng your essay. Take the basic facts about the story and then write your own prose about them.Remember that the goal of creating a sample essay for a rhetorical essay is to use the two most important aspects of writing. Make your essay well written and enjoyable, and you will find that it is easier to remember and write each time.

The Conflict Between Individual And State And free essay sample

The Grammatical Fiction In Darkness At Noon Essay, Research Paper The Conflict Between the Individual and the State and the Grammatical Fiction in Darkness At Noon # 8220 ; The Party denied the free will of an individual-and at the same clip exacted his willing self-sacrifice. # 8221 ; The obvious contradiction of the above definition of the Communist party is depicts the struggle between the person and the State in Arthur Koestler? s novel Darkness at Noon. Koestler? s supporter Nicolas Salamanovich Rubashov, devout Communist and former leader of the Communist party, falls victim to his ain system during the clip of the Moscow tests. Accused and imprisoned for offenses he did non perpetrate, Rubashov is forced to take between the political orientation he has dependably followed for the past 40 old ages of his life, or a new found sense of ego, which he calls the # 8220 ; grammatical fiction # 8221 ; . During the beginning of Rubashov? s lone captivity, he begins to doubt the infallibility of the Communist government, and for a clip, positions himself independent from the Party. We will write a custom essay sample on The Conflict Between Individual And State And or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Rubashov? s drawing off from Communism is apparent in his conversation with the analyzing magistrate, Ivanov, during his first hearing. Rubashov addresses Ivanov? s collective point of view with the developing positions of his ain: # 8220 ; Your statement is slightly anachronic, # 8221 ; said Rubashov. # 8220 ; As you quite justly remarked, we were accustomed ever to utilize the plural? we? and to avoid every bit far as possible the first individual singular. I have instead lost the wont of this signifier of address ; you stick to it. But who is this? we? in whose name you speak to-day? It needs re-defining. That is the point. # 8221 ; Apart from the Party, Rubashov no longer maps as portion of the Communist unit, but instead as an person. Within communist philosophy the person is merely a piece of a larger system, and for the true Communist the pronoun? I? is non even portion of his or her vocabulary. Rather, the personal? I? is replaced by? we? , which represents the Party. The significance of Rubashov? s statement is that even his address forms, a physical manifestation of one? s subconscious, expose his self-detachment from the Communist Party in that he has lost his ability to tie in with the Communist We. Over and over Rubashov is tormented by the thought # 8220 ; I shall pay # 8221 ; , an unrest due to his uncertainness about the foundation of Communism he has placed himself on. Shortly after his first hearing he writes in his diary # 8220 ; The fact is: I no longer believe in my infallibility. That is why I am lost. # 8221 ; It is apparent that he is get downing to take personal duty for the actions he has committed on behalf of the Party, the people that he has betrayed and the apparently absurd philosophies he has readily submitted to. Both Rubashov? s mental anxiousness, and his discernible, critical actions are owed to his new found acknowledgment of himself as an single, a loophole in Communist philosophy. All his life Rubashov had # 8220 ; burnt the remains of the old unlogical morality from his consciousness # 8221 ; , and was incognizant that thoughts outside of those expressed by the Party had any logical footing. He one time thought that any other position was irrational and false. In his cell waiting to be taken to his executing, Rubashov reflects on his former devotedness to the Party: For in a battle 1 must hold both legs steadfastly planted on the Earth. The Party had taught one how to make it. The space was a politically fishy measure, and the # 8220 ; I # 8221 ; a fishy quality. The Party did non acknowledge its being. The definition of an person was a battalion of one million divided by one million. As a Communist he had sacrificed his individualism for the benefit of the Party, and forty old ages subsequently he had lost the capableness to even believe outside the lines of the Party? s tenet. He had denied the single within himself, which is why he is confused at the outgrowth of his # 8220 ; soundless spouse # 8221 ; , the latitudinarian person within himself. His witting ego had been founded in the? we? , until he was imprisoned. Confronting decease, Rubashov realizes the destructiveness of a political system that doesn? T history for the person. No longer confused by his apathy for the Party, Rubashov? s concluding hours are marked by a fatalistic mentality and an internal sense of peace. In Rubashov? s conversation with Ivanov during Rubashov? s 2nd hearing, Ivanov states: # 8220 ; The greatest temptaion for the like of us is: to abdicate force, to atone, to do peace with oneself # 8221 ; . Ivanov represents rubashov? s former point of view. However, no longer capable to the inhibitory Communist order, Rubashov does happen rapprochement with himself: He was a adult male who had lost his shadow, released from every bond. He followed every idea to its last decision and acted in conformity with it to the really terminal. The hours which remained to him belonged to the soundless spouse, whose kingdom started merely where logical idea ended. He had christened it the? grammatical fiction? with that sheepishness about the first individual singular which the Party had inculcated in its adherents. At this point Rubashov rests. The inner convulsion he had from being torn between two avenues of idea had ceased. He has realized the futility of the Party? s actions, and in his ain manner repented of those actions by disassociating himself from the Party. Although the Party had basically banished Rubashov foremost, Rubashov? s struggle had resulted from his mental trueness for the System to which he fell victim. Having lost his religion in Communism, Rubashov devotes the staying portion of his life to the # 8220 ; grammatical fiction # 8221 ; , and finds contentment. Rubashov is no longer afraid of decease because decease is at hand, and non even the most logical idea or powerful dictator can change the natural jurisprudence of decease. After digesting emotional and mental torture, he realizes he has # 8220 ; earned the right to kip # 8221 ; and decease peacefully. Rubashov? s experiences in prison altered his position of the Communist system and upturned the religion he had for it. The thought that a philosophy in which the person is non accounted for becomes an absurdness. The visual aspect of the grammatical fiction in Rubashov? s instance, is representative of the larger struggle between the person and the State. Rubashov? s experience is a microcosm of the people who suppressed their ain single idea and ground for that of the Party and Stalinist absolutism. The thought expressed by Koestler in Darkness at Noon is that the Communist system? s ultimate failure lies within its thought that the person is a # 8220 ; sacrificial lamb # 8221 ; for the Party. Alternatively, it is the person that is the indispensable factor in doing a society. An single can last without a authorities, but a authorities can non last without the support of the person, and it is for this ground that no signifier of Communism has of all time reached the Utopian extremum in which Marx and Engles expressed in The Manifesto of the Communist Party. 3ba

The Major Alliances of World War I

The Major Alliances of World War I By 1914, Europes six major powers were split into two alliances that would form the warring sides in World War I. Britain, France, and Russia formed the Triple Entente, while Germany, Austria-Hungary, and Italy joined in the Triple Alliance. These alliances werent the sole cause of World War I, as some historians have contended, but they did play an important role in hastening Europes rush to conflict. The Central Powers Following a series of military victories from 1862 to 1871, Prussian Chancellor Otto von Bismarck formed a German state out of several small principalities. After unification, Bismarck feared that neighboring nations, particularly France and Austria-Hungary, might act to destroy Germany. Bismarck wanted a careful series of alliances and foreign policy decisions that would stabilize the balance of power in Europe. Without them, he believed, another continental war was inevitable. The Dual Alliance Bismarck knew an alliance with France wasn’t possible because of lingering French anger over Alsace-Lorraine, a province Germany had seized in 1871 after defeating France in the Franco-Prussian War. Britain, meanwhile, was pursuing a policy of disengagement and reluctant to form any European alliances. Bismarck turned to Austria-Hungary and Russia. In 1873, the Three Emperors League was created, pledging mutual wartime support among Germany, Austria-Hungary, and Russia. Russia withdrew in 1878, and Germany and Austria-Hungary formed the Dual Alliance in 1879. The Dual Alliance promised that the parties would aid each other if Russia attacked them or if Russia assisted another power at war with either nation. The Triple Alliance In 1882, Germany and Austria-Hungary strengthened their bond by forming the Triple Alliance with Italy. All three nations pledged support should any of them be attacked by France. If any member found itself at war with two or more nations at once, the alliance would come to their aid. Italy, the weakest of the three, insisted on a final clause, voiding the deal if the Triple Alliance members were the aggressor. Shortly after, Italy signed a deal with France, pledging support if Germany attacked them. Russian Reinsurance Bismarck was keen to avoid fighting a war on two fronts, which meant making some form of agreement with either France or Russia. Given the sour relations with France, Bismarck signed what he called a reinsurance treaty with Russia, stating that both nations would remain neutral if one was involved in a war with a third party. If that war was with France, Russia had no obligation to aid Germany. However, this treaty lasted only until 1890, when it was allowed to lapse by the government that replaced Bismarck. The Russians had wanted to keep it. This is usually seen as a major error by Bismarcks successors. After Bismarck Once Bismarck was voted out of power, his carefully crafted foreign policy began to crumble. Eager to expand his nations empire, Germanys Kaiser Wilhelm II pursued an aggressive policy of militarization. Alarmed by Germanys naval buildup, Britain, Russia, and France strengthened their own ties. Meanwhile, Germanys new elected leaders proved incompetent at maintaining Bismarcks alliances, and the nation soon found itself surrounded by hostile powers. Russia entered into an agreement with France in 1892, spelled out in the Franco-Russian Military Convention. The terms were loose but tied both nations to supporting each other should they be involved in a war. It was designed to counter the Triple Alliance. Much of the diplomacy Bismarck had considered critical to Germanys survival had been undone in a few years, and the nation once again faced threats on two fronts. The Triple Entente Concerned about the threat rival powers posed to the colonies, Great Britain began searching for alliances of its own. Although Britain had not supported France in the Franco-Prussian War, the two nations pledged military support for one another in the Entente Cordiale of 1904. Three years later, Britain signed a similar agreement with Russia. In 1912, the Anglo-French Naval Convention tied Britain and France even more closely militarily. When Austrias Archduke Franz Ferdinand and his wife were assassinated in 1914, the great powers of Europe reacted in a way that led to full-scale war within weeks. The Triple Entente fought the Triple Alliance, although Italy soon switched sides. The war that all parties thought would be finished by Christmas 1914, instead dragged on for four long years, eventually bringing the United States into the conflict. By the time the Treaty of Versailles was signed in 1919, officially ending the Great War, more than 11 million soldiers and 7 million civilians were dead.

IT Oversight Case Study Example | Topics and Well Written Essays - 1000 words

IT Oversight - Case Study Example Consequently, these issues have created greater demand for the organizations to adopt effective IT governance and address the issue of oversight in order to effectively deal with the emerging issues. Presently, companies are identified to face problems in the area of IT governance and oversight framework with respect to proper management and maintenance of existing IT infrastructure. Additionally, companies fail to understand the importance of IT in formulating organizational strategies. Due to increased complication associated with management of IT infrastructure, companies are witnessed to be challenged with ensuring reliability, security and quality of the existing IT system which are deemed to be important for carrying out the day- to-day operations of a company. Companies lacking knowledge about IT infrastructure are unaware regarding software, information and hardware that are owned and implemented, which in return is affecting the companies from leveraging the best outcome from their IT investment. The failure of companies to review reliability and security measures has led to service disruption. There is also the issue of inappropriate project management system owing to which companies are identified to face problems in tracking inventory, orders and revenues. A number of organizations are also identified to face IT-related issue in relation to the implementation of legacy system. Inappropriateness of legacy system adversely affects accounting department of companies in updating as well as accounting financial information and other relevant data due to which data might become out-of-date. Companies are also under the threat of legal problem of intellectual property which in turn is causing a rise in distraction costs and affecting business inefficiency (Nolan & McFarlan, 2005). Companies are required to develop a matrix based on which the management might be able to determine the position of the

Affects of Supply and Demand on Business Term Paper

Affects of Supply and Demand on Business - Term Paper Example d making the management to take the necessary course of action.Analysis of the market forces helps departmental decision making in that each and every section of the business optimizes resource allocation to minimize costs and maximize productivity in a bid to meet the demand in the market.Table of Contents Introduction Basic Laws and Principles of Demand and Supply Demand Side Supply Side Equilibrium Discussion Conclusion Works Cited Introduction Demand can be viewed as the quantity of goods and services that the market, consumers,is willing to purchase and consume within a given period of time and at a certain price. Demand varies from time to time due to rationality of the consumers; changes of preference and tastes,changes of their economic levels and statuses,and other market conditions such as changes of cost of production that influence price fluctuations.Supply on the other hand refers to the resource and or the quantity availed to the market by the producers within a given p eriod of time dictated by the prevailing market conditions. ... d services; a factor of manufacturing costs, competition, market conditions and the quality of the product, and the buyers determine the quantity of the product/ service they are willing to purchase and consume at the price level presented by the suppliers/ producers (Brennan and Rowan 6-9; Nasrin 1-20). In monopolistic markets forces of demand and supply may not influence the price of the product/ service and vice versa thus in this paper we shall evaluate and analyze the effects of supply and demand on a business in a competitive market (Reuvid 2-6). Basic Laws and Principles of Demand and Supply To understand how demand and supply impacts on a business, we need to evaluate their market mechanisms in relation to price so as to understand how they influence actions of the business at given times within the production cycles, which can be analyzed by understanding the their interaction aspects. Whenever the demand increases but the supply remains the same or unchanged, there is short age of goods and services in the market leading to a higher equilibrium price. Whenever demand decreases and the supply remain unchanged, there is surplus supply of goods and services which lead to lower equilibrium price. Whenever supply increases and demand remain unchanged, there is a surplus leading to a lower equilibrium price Whenever supply decreases and the demand is unchanged, there is a shortage of supply leading to a higher in equilibrium price Demand Side To understand how the demand of goods impact on a business venture we shall evaluate the demand schedule and relate it to the immediate decisions that the management make and the course of adjustments. As discussed earlier the demand of a given commodity will vary with time depending on factors such as price; changes of income,