Doctrine of the precedent

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English law is based on statute but its origins and its continuing evolvement rely heavily on the doctrine of binding precedent, in order to deal with matters not covered by statute and to enable progressive development of the law. Precedent is a very important source of English law and its binding nature while not preventing development of the law, is important in providing certainty in the law.

Judicial precedent also known as judicial decision which means law made by judges when a judge makes law, the case is known as precedent. The essence of the doctrine of binding precedent is that the decisions of courts higher up the hierarchy of courts are binding upon courts lower down in the hierarchy. Future judges must stand by the decision, which is known Stare Decisis. If cases decisions are recorded and judges in later cases follow these decisions a code of conduct can be built up.

Ratio decidendi, in literally means the reasons for the particular decisions, is the statement of law on which the judge based his decision. It is part of the judgement which is capable of forming a binding precedent which means they must followed in later cases. It is important to realize that the ratio decidendi has nothing to do with the facts of the case; it is a statement of law which is carried down to later decisions. In the case of Saloman v Saloman & Co Ltd (187), the ratio decidendi provides that where a person or persons carry on business through a company, the debts of the business are debts of the company and not of those persons.

Obiter Dicta , literally means other things which were said, statements of law which did not form the basis of the decisions. As a result obiter dicta are not binding on future judges. However such statements may assist judges in the future if they are relevant are relevant and based on good sense. As such they are persuasive authority. In the case of Candler v Crane Christmast & Co (151) Lord Denning disagreed with the majority view of judges in the case. He said that an accountant should owe a duty of care to those who ask for and rely upon his advice and who eventually suffer loss because that advice was did not become part of the reason for the decision. It is known as a ¡®dissenting judgement'. However, Lord Denning's comments were of enormous relevance to the evolution of the law of the tort of negligent mis-statement and were later referred to in the case of Hedley Bryne & Co v Heller & Partners (16) when the law was eventually changed to reflect Lord Denning's initial viewpoint.

If a decision is of lower court, a judge need not follow. However, he will consider the law laid down in the case and not dismiss them out rightly. The operation of the doctrine of binding precedent is dependent on the hierarchy system.

House of Lords is the highest court in England and Wales and its decisions are binding on all other courts. Decisions of the House Of Lords are binding on all courts in the hierarchy i.e Court of Appeal, High Court, Crown Court, Country Court and Magistrate Court. Before 166, it is bound by its own previous decisions, until 166, Practice Statement the are not absolutely bound by their own decisions if they consider, in exceptional circumstances that they do not want to follow the ratio decidendi laid down. The House of Lords ruled in London Tramways v. London Country Council (188) A.C 75 that it was bound by its own decisions, the House of Lords is now free to depart from its own earlier decisions ¡® where it appears right to do so' and although this power is not used frequently a useful illustration of the new power in operation was provided in Miliangos v George Frank (Textiles) Ltd (176) overruling the earlier House of Lords decisions in Re United Railways of Havana and Regla Warehouses Ltd (160).

The Civil Division of the Court of Appeal is bound by decisions of the House of Lords, and by its own earlier decisions but there are exceptions, and its decisions are binding on all inferior courts. Exceptions to the principle that it is bound by its own earlier decisions arise where such a decisions conflicts with a later decision of the House of Lords or where the earlier decision was given per incuriam (i.e, a relevant statute or case was overlooked). The Criminal Division of the Court of Appeal is bound by decisions of the House of Lords, and also by its own previous decisions, but it was a wider power than the Civil Division to overrule its own previous decisions and can do so where the law has been ¡®misapplied or misunderstood' in the earlier case and injustice may be caused to an appellant.

There are three exceptions as laid down by Lord Greene MR in Young v Bristol Aeroplane Co Ltd (144), first where there is a conflict between two previous decisions of the Court of Appeal. It is up to the present Court of Appeal to decide which case to be followed. Tiverton Estates Ltd v Wearwell Ltd (174). Second exceptions, a previous decision of the Court of Appeal have been overruled by the House of Lords expressly or impliedly. In this situation the Court of Appeal must follow the decision of the House of Lords. Family Housing Association v Jones (10). The third exception, the previous decision of the Court of Appeal is per incuriam, this is because it was decided in ignorance of a statute. Williams v Fawcett (185). Court of Appeal can depart from a previous decision of its own if it is in conflict with European Community law S. European Communities Act 17.

The High Court of Justice, a single High Court judges is bound by the decisions of higher courts (e.g, the Lords and the Court of Appeal). However, a single High Court judge is not bound by the decision of another single High Court judge. When two or more High Court judges are sitting together (as a Divisional Court) their decisions are binding on any other Divisional Court of that division and upon a single High Court judge.

Other Courts such as Crown Courts, Country Courts, and Magistrates Courts, decisions of these courts are not usually reported. They are bound by the decisions of higher courts. The Crown Courts deals predominantly with criminal matters. The Country Court deals with civil matters of all types, and the Magistrates Court deals with a wide range of criminal matters and come civil matters. Decisions by these courts do not bind any courts. Thus, these courts do not create precedents.

These are advantages of precedent, reaching decisions as a result of the doctrine of precedent makes the system consistent. It becomes easier to predict the result of litigation and it allows the English Legal System to be flexible. Decisions can be adapted and extended to reflect changes in society. The law is clear; as it is only the ratio decidendi that is followed it is easier to see what law is being applied.

Since there is a precedent there is certainty as to what the law is and what would the outcome be in a particular situation. This brings about predictability and consistency. It also saves courts' time because a point of law need not be re-argued if there is an existing precedent. Judges are able to develop the law without the need to wait for the Parliament to make law. Laws are created out of concrete set of facts, which is realistic rather than being abstract which means something is think is going to happen. The doctrine allows flexibility in the sense; the judges may depart from a precedent if it is necessary.

A judge may over-rule if a precedent is bad in law provided they have the authority to do so, and they may distinguish the case, which he is deciding from a precedent, and therefore refuse to apply the precedent.

However, there are a large number of precedents to refer to and judges must be careful in selecting the correct one. There is an element of uncertainty because when a precedent is cited, a judge may over-rule or distinguish the precedent from the existing case and therefore there is no guarantee that the judge will apply the precedent. Moreover, development of the law can be irregular and slow.

It is unconstitutional for a judge to make law, as his function is to enforce and apply the law. Making law amounts to interfering with the functions of the parliament. It goes against the doctrine of separation of powers as expounded by French philosopher Montesquieu who stated that every organ in a legal system must exercise its power separately so that each organ can exercise checks and balances on each other.

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Stakeholder Analysis

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Heath (14 158) also looks at how "Stakeholder analysis entails the ability to identify stakes, isolate the attribution processes, and discover the communication plans and skills used to negotiate them". Heath recognises that this analysis may focus on many stakeholders at the same time.

There are a number of key stakeholder groups that would be affected by the reintroduction of hunting rights on Minke whales in Iceland, such as the Icelandic population, national and international animal protectionist bodies, conservationists, and tourism and trade organisation just to name a few. These stakeholders would all require specific communication and execution strategies to be developed by the Icelandic Ministry of Fisheries, many of which may need to run concurrently.

Stakeholder importance and the process of prioritisation are affected by the company decision-makers perceived stakeholder attributes, which include power, legitimacy and urgency. (Mitchell et al., 18 0).

The Internet must also to be considered when dealing with potential stakeholders. Holtz (1 176) highlights the global reach of the Internet and how this communication medium can increase the geographical locality of key stakeholder groups.

A good example of global virtual stakeholders can be seen on a UK based website www.divernet.com. The website ran the Minke Whales hunting as its lead story on 6th August 00. The story was a strong voice of opposition for the Icelandic Ministry of Fisheries. Conservationist's websites such as www.PlanetArk.com and www.greenpeaceusa.org have also covered the issue as a moral stakeholder. Economic stakeholders have also utilised the Internet through corporate websites such as www.traveltrade.com. · Heath, R.L., (14). Companies as negotiated enactment of stakeholder interests, in Management of corporate communication. Lawrence Erlbaum, New Jersey, pp. 158

· Mitchell, R.K., et al (18). Towards a theory of stakeholders identification and salience defining the principles of who and what really counts, in The corporation and it's stakeholders. Ed. Clarkson, M. University of Toronto Press, Canada. pp. 75-0.

-Holtz,S., (1). Public Relations on the Net. AMA Publications, New York, pp176-17.

http//www.divernet.com/news/stories/whales06080.shtml

http//www.traveltrade.com/headline_news.jsp?articleID=405

http//www.greenpeaceusa.org/takeaction/index.pl/8154/article/554.html

http//www.planetark.org/dailynewsstory.cfm/newsid/176/story.htm

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Emilia

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Emilia The Forgotten Maiden

In Shakespeare's Othello, Desdemona's servant Emilia plays a crucial role in the tragic plot of this literary work. Although the importance of Emilia's part does not rival that of Othello or Iago; Emilia's significance tends to be overlooked/overshadowed. Emilia is underestimated and virtually ignored by the entire cast of characters. Her desperation, loneliness, insight, intelligence, and strength left uncalculated. The only character that utilizes Emilia is Iago and he ultimately exploits her to serve his own interests. However, at the end of the play, Emilia exposes Iago as the true villainous mastermind. Thereby, Emilia redeems herself for aiding Iago and catapults herself to a heroine status. The purpose of this paper is to show Emilia as the strongest and the most capable female character in this particular Shakespearian work.

Emilia is a desperate woman and the contextual evidence supports this statement.

In act II 1 of Othello, Emilia shows signs of her longing for affection; specifically from a male. This lack of male affection is illustrated by, Cassio greeting Emilia with a kiss in front of Iago (Othello pg. 6). This kiss surprises and startles Emilia that indicates that she has not experienced such an act in quite some time. Emilia is undoubtedly uneasy as well, considering that her husband is watching this take place. Iago reacts with a bit of sarcasm and not a hint of jealousy. This strikes the audience as a somewhat odd response, a husband showing such indifference after having witnessed another man kiss her rather inappropriately. At the very least, Iago might have jokingly threatened Cassio or made reference to Emilia's irresistible charms. Next, rather than Emilia replying to his sarcastic and cold response, Desdemona speaks on her behalf. Interestingly enough Desdemona says, "Alas, she has no speech (Othello pg.6)!" This seems ironic since later in the play, Emilia's casual conversation/conspiring with Iago leads to Othello's dissent into madness. Desdemona fails to see Emilia's true self, as a lonely desperate woman that has only one loving companion, Desdemona her mistress. Desdemona's perception of Emilia's life seems to be one of disinterest; she seems consumed by her new love with Othello to observe Emilia's unhappiness. Iago continues to insult and speak about his wife. Finally, Emilia replies, "You have little cause to say so (Othello pg. 6)." This statement, displays Emilia's discontent with her husband and her marriage. Later in this scene Emilia addresses Iago again by saying, "You shall not write my praise (Othello pg.7)." This also shows Emilia's ability to defy others close to her and it foreshadows her eventual betrayal of Iago. Emilia's decision to defy her husband and Desdemona's refusal to defy Othello separate these women categorically.

The audience tends to perceive Desdemona as being superior to Emilia. This perception is no doubt a result of the obvious class distinctions, Desdemona being from a much higher social class than Emilia. There is also the matter of Desdemona being young and beautiful according to descriptions offered by the other characters. Emilia is not depicted in a similar manner and being a servant it is natural to envision her as far less glamorous than Desdemona. Furthermore, Desdemona expresses a thirst for knowledge and adventure; an unconventional woman. These factors naturally sway the audience to rank Desdemona far above the level of Emilia but that judgment is problematic. Emilia, although a servant to Desdemona, is the one person with the insight to comprehend the situation as it unfolds. Unlike Othello and Desdemona, Emilia is not blinded by emotions. She has been lonesome for such an extended period of time it seems, her disposition is permanently repressed. It's as if Iago conditioned Emilia to accept a state of numbness as normalcy. Due to this conditioning, Emilia is the only character that knows Iago's genuine identity and complexity. Perhaps, if Emilia did not still desire Iago's affection, she could have prevented the horrific course of events that occurred. Thus meaning; not stealing the handkerchief and exposing his motives/schemes earlier.

Toward the end of Act II 1, Othello and Desdemona are reunited after having been apart from one another for a considerable amount of time. The newly married couple share embraces and loving anecdotes with each other in the presence of Emilia. This is key because this behavior is foreign to Emilia. Iago, her husband, does not treat her in the same regard. These affectionate displays bother Emilia. The love that Desdemona and Othello share makes Emilia uncomfortable. It causes her to reevaluate her marriage therefore stirring up some sense of sadness and failure. More importantly, Emilia becomes envious of Desdemona's relationship with Othello on two levels. First, Emilia clearly wishes her marriage brought her the kind of joy that Desdemona initially experiences. Second, Emilia feels abandoned by Desdemona. Even though, Desdemona is Emilia's boss the two women are close friends. Emilia does experience some sense of rejection by Desdemona who is completely focused on Othello.

Emilia should be a seemingly obedient looking character at the onset of the play. In Act II 1, it would make the most sense for Emilia to stand behind Desdemona, slightly off to the side. She should be close enough to hear the conversation but her positioning should plainly indicate that her inclusion would be limited. Her body language needs to echo that of a subservient individual but she does want to convey a hidden flare upon engaging in the discussion. Emilia's spark should be apparent within the delivery of her words mainly thru emphasizing tone and pitch. She should use subtle facial expressions, mostly her eyes to reinforce her meaning. Emilia would not use major movements such as placing her hand on her hip or a head jerk; nothing extreme. She should ideally be played as subdued but not comatose. When Cassio kisses Emilia she would be stunned, nervous, flattered, and even aroused simultaneously. As a result, Emilia would look flustered; she should blush after the kiss and look directly at Iago. Upon hearing his reaction or lack there of, she would focuses on fixing her appearance while still feeling disheveled. Her movements should consist of tucking small pieces of her hair behind her ears and dusting off her bosom. She would also make direct eye contact with Iago after him and Desdemona start speaking. Emilia should stare at Iago with a resentment that does not occupy her complete attention; therefore her eyes shift depending on who is speaking. While Desdemona and Iago speak she would stand mildly fidgeting as well as listening to them talk. Once Othello enters Emilia should stare intently at him and Desdemona. In fact, Emilia should start smiling and her eyes should be fixed in awe. As they exit, Emilia would look back at Iago on stage, and she would snare; it would go undetected.

This scene is critical for various reasons. First, it reveals to the audience that Iago is truly cold because he shows no emotion toward his wife. Iago mocks her in public and acts indifferent toward her in general. Second, Emilia appears as a loyal and obedient servant but alludes to her future defiance. Lastly, the audience sees the reason for Emilia's disloyalty to her mistress via the exaggerated embracing session between Othello and Desdemona. As a result of Emilia's behavior in this early scene, the audience can already assume that she and Iago are not in love with each other. Moreover, Emilia is capable of acting in a rebellious manner. Othello and Desdemona's love, their bond upsets Emilia along with the other characters.

In conclusion, Emilio demonstrates the most courage considering the three primary female characters. Desdemona although an unconventional woman by some standards, she eventually does submit to her husband. She not only submits to Othello by accepting his rash behavior and violent outbursts; but also in her own murder. Desdemona entertains Othello's wish to kill her. She barely fights Othello, signaling that she may deserve this punishment. Bianca, the prostitute, by her mere profession submits to men nightly. Emilio is the female character who opposes the evil doer (Iago) and is then murdered for her bravery. Emilio does not willingly invite Iago to kill her as did Desdemona with Othello. In fact, Emilio was taken by surprise with Iago's attack. Her dialogue may not have been substantial but Emilia offered much depth to this play; more than she is accredited with.

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Lord of the Flies

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In this essay I will show my interpretation on how the most important characters in William Goldings Lord of the Flies could represents different historical figures through time, especially the history around Hitler and the 1st and nd World War. My evidence is the characters behaviour and how they progress through the story. It may be that I cannot show that all the characters represent somebody but I will still try and explain the kind of people they could have in common to.

The first and probably most obvious character to deal with is Jack Merridew. Through the book he appears to be a very selfish and power hungry person. At first he goes along with Ralph being the chief as long as Jack himself can be the leader of the hunters. However because Jack is also easily jealous he soon tries to take control over the society among the boys.

He is especially jealous at the bond between Piggy and Ralph. At several occasions he mocks or makes sarcastic notions to Ralph.

Thats right. Keep Piggy out of danger.

Cheap University Papers on Lord of the Flies

The way Jack behaves is like the dictators through history, and especially modem history, such as Hitler and Stalin. People who have gone against the old system, taken over it and in the end turned it to their own favour. I would like to mostly compare Hitler and Jack. Many times does Jack try and make Ralph a scapegoat to take over. Sometimes he directly attacks Ralph by accusing him and sometimes Jack simply refuse to follow his rules.

Youre breaking the rules! (Ralph)

Who cares? (Jack)

This is very common to Hitler going against the German democratic system before he became the supreme leader. Hitler accused and refused the rules and position that Germany had.

Jack later on also appears to be a hypocrite. While Ralph is in control, Jack uses the authority of democracy, that is the conch, to tell all the boys that rules is something bad and they should not care. However when he becomes chief himself he quickly makes his own rules and starts to act like some sort of god. He is described as painted and garlanded.. .like and idol. That is just like Stalin who promised a better society but in the end it became much like the old system.

After Jack becomes chief he makes others within his own group scapegoats to keep in power.

Hes going to beat Wilfred

Jack also attacks the weak such as Piggy to gain more control.

Who cares what you believe-Fatty!

That is more like bullying but can also be compare Hitler, e.g. his attack on Jews.

The next character is Simon. Simon is a very quiet person who never stands up or talks very much.

He understands the good and evil in man but rarely tries and expresses it to others. When he does, in one of the assemblies, he is merely disturbed all the time. The others are too immature to understand what Simon is trying to tell them.

Simon became inarticulate in his effort to express mankinds essential illness.

Simon is representing the different religious figures through time. People have always thought them strange (batty) and not always taking them serious. However a lot of these figures have understood the good and evil everybody is capable of and have stood up to it and accepted it. Simon does this too, where the evil in man is the beast and the pig head.

However Simon thought of the beast, there rose before his inward sight the picture ofa human once heroic and sick.

Simon confronts it and thereby understands it.

What are you doing out here all alone? Arent you afraid of me? Simon shook.

After Simon has confronted the beast he goes to the mountain, just like Moses, and learns the full truth about the beast; that it is only a dead pilot which all the other boys has made into something fearsome and evil. The irony of the book, and what also has happened a lot through history, is that Simon is killed when he returns to tell everybody about what he has learned. Like Jesus he is killed by those that do not understand him.

Simon is also the prophet in the book. He foresee that Ralph will get back.

Youll get back to where you came from.

Another thing is that Simon is the only who sees the real beauty in the nature on the island. There is a place he likes to go where he meditates. In fact Simon is the only one in the book who does nothing wrong. He does not see the bad sides of neither Jack nor Ralph and he likes them all.

Simon represents those in history whom understood or at least tried to learn to truth about man and who died in the end.

The character Piggy is one of the difficult to deal with. He is one of the mature on the island and he is very intelligent. He is supposed to represent wisdom and uses the conch and what it represents to support him. However he is many times denied the conch and always has to remind the other boys why the conch is important.

I had the conch, said Piggy simply. I had a right to speak.

It therefor seems reasonable that Piggy and the conch are destroyed together. When Piggy dies, and by that the maturity and intelligence leaves the island, so does all the order and humanity leaves, with the conch.

Like Simon not many is prepared to listen to Piggy and Jack bullies him a lot. However Piggy and Simon is very different. This is an important point since Piggy too has his dark sides.

When Simon tries and explain the evil and good in man Piggy, among all the others, refuses to even think about it.

What I mean is.. .maybe its only us.

Nuts!

This shows that perhaps Piggy is not all that mature after all. He also helps the others to kill Simon.

Piggy represents the thinkers in history. People who have tried and support society but was simply rejected. Like the philosopher Socrates who, because of his ideas, where sentenced to drink hemlock. People could not accept his ideas just as the boys who are controlled by Jack cannot understand Piggy.

Roger is the dark character in Lord of the Flies and he is mostly the direct opposite to Simons character. Simon is suppose to represent the good in man and Roger is suppose to represent the evil. However they do have something in common. Roger is described when we first meet him, as a quite boy who keeps to himself just as Simon.

There was a slight, furtive boy whom no one knew, who kept to himself with an inner intensity of avoidance and secrecy. He muttered that his name was Roger and was silent again.

However it seems that Roger is quite in own free will while Simon sometimes feel the need to express his opinion.

Roger represents the killer and violent in man. He is the one who destroys Piggy and the conch, and by that destroys order and wisdom. This could be compared to the many weapons dictatorial powers has used through time to execute any opponents, such as the Spanish inquisition. Roger is actually described as the hangman.

The hangmans horror clung round him.

Roger was also going to execute Ralph, the ex-leader, as he sharpened a stick at both ends. Just as he did when the pig head was put on a stick.

The last significant character is Ralph. Ralph is the one representing the different great rulers through time. Ralph he very just and want all the boys to have an equal amount of rights. We can see this when Ralph, as the only, accepts Piggy and Simons right of speech.

Hear him! Hes got the conch!

However, as many great leaders, Ralph does wrong too. At first he is very much every other boy. He doesnt share a lot of sympathy for Piggy and is rather cruel when he tells everybody Piggys name.

When Ralph does become leader he shows to be very mature and can handle the responsibility. This is a part of what Ralph represents.

Ralph is very naive towards Jack though and doesnt suspect what he is capable of before its too late. This is very much like the British Prime Minister Chamberlins trust in Hitler. When Hitler signed a contract that he would not start a war.

After Jack starts his own tribe he lay more and more press on Ralph, like Hitler did on President Hindenburg. Finally Ralph resigns and, as Hindenburg, turns to the enemys side.

Many aspects of Lord of the Flies can be, and was very possibly meant to, compare to the many power struggles through time. E.g. the Russian Revolution, The Third Reich and so on. The story shows, just as the many wars and conflicts in history, how typical humans are and how humankind will always behave. The struggles through history have always been the same over and over again and it is from that, and from books that teach us about them, such as Lord of the Flies, that we must learn to accept human nature and prevent equally destructive struggles in the future.

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Rules for a Reason

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We all hate rules. Admit it. While rules are the very thread this world hangs by today, you still never hear many people say, "Gee, rules are cool." Even some of the very politicians who plan and support our nation's law books seem to wander from what they should enforce. Sure, many feel being the brown-noser, do-good, teacher's pet kinda citizen is not relevant. This is true. But the fact remains Rules exist for a reason!

Among my list of rules I'm using to support this argument is (sorry, kids) Honor Your Mother and Father. For one thing, their rules are for your own welfare. I remember a time long ago when my mom told me not to go to the fish hatchery down the street because it was guarded by a dog. Being the mischievous child I was, I ignored her advice. Not even 0 minutes later I had a rabid dog gnawing at my butt. Anyway…whatever your parents order is usually ordered out of love. Their rules are guidelines to keep you safe and out of danger's way!

I'll admit that even I, a rookie driver, am guilty of the most abused law in our society today No Speeding! When you speed, you run the risk of getting caught (can you say duh?!). Sure, the studies say that only 1% of all speeders are actually caught and ticketed, but goodness knows you'd end up paying some bogus fines! Also, even simple offenses like speeding do affect your records. Not only that, it affects the people around you. Imagine, if you will, yourself at the wheel. The speed limit is 70 on the interstate, but you keep pushing to 0. If someone in front of you were to spontaneously put the [brake] pedal to the metal, think of what could happen when you couldn't stop soon enough car damage (to say the least), cargo damage, damage to the people inside that vehicle... 'nuff said. Of course, there are many different scenarios for speeding accidents.

My last example is one we constantly hear of and will till the end of time Don't Murder. Something that seems obvious to most people (except the sick, twisted people who actually do murder in cold blood) is that you will suffer the consequences. These include guilt (once again to say the least), jail time, and sometimes even an execution. Even if you get off because of a technicality or some stroke of luck, anyone with their head screwed on straight (or close to straight) will have to live with the guilt. Also, keep in mind that all living things are God's! Nature is such a beauty, but now you can see how entire biomes are being obliterated by mans' effects on earth. Earth is in a downward spiral down the toilet for cryin out loud! And if I really cared to, I could make an entire essay on mankind's negative effects on Mother Nature.Do my essay on Rules for a Reason CHEAP !

In conclusion, I cannot stress this enough There is a good reason to support all rules and laws (most, anyway; another essay idea, eh?). They are made to keep everyone safe and sound, and to keep the peace. One can use the famous "Free Country" alibi, but that's not a good reason to violate someone else's freedom. So go ahead. Be a brown-noser. Do good. Be the teacher's pet. Rules are cool.

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Ragged Dick

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This Ragged Dick is myth that people is rewarded if he does his best sincerely. Hero Dick is the poor boy who makes his living by shoeshine. To money, he is very sincere, and his sincerity is trusted by rich man and he achieves to go into rich circle. However, such a myth is an empty dream that is not possible rarely very much. In Japan, the American society is considered to be society with the dream that a chance is given to everybody. However, it is a lie. Isnt it extremely difficult for the person belonging to a social of lower rank ba like this myth to achieve a success? For succeeding, the mans circumstance is important first.

Does the American dream exist in everybody or not? An answer is NO. The United States is connection society in a academic career-oriented society more than Japan. In the society in that mobs has gathered out of the world like the United Stase, personal character and the hidden ability should not be understood by any means in the interview for several minutes. An immaterial thing is made to the object of evaluation in the case everybody is sharing difinite culture. In the society that everybody is not sharing the common cultural base like the United State, the degree depending on a material thing, for example what degree in what grades in what university, and influential persons recommendation, will become large. People who is not a good university graduate and there is also no good connection, even if he has ability, a chance does not turn. Such conversation exists between Dick and the man in a book Dont you ever steal, then? No, I wouldnt. Lots of boys does it, but I wouldnt.(6). I agree he is an honest. But, the present time does the boy of a shoeshine win a great success cause living honestly.

There are many honest persons generaly.

The children of the home beyond a middle class build the home beyond the middle class which receives sufficient education and is again blessed with income. The children of the home below a middle class will re-form the low income earner layer below a middle class again, without the ability receiving sufficient education. And whenever the income gap of both layers runs after a generation, it becomes large. Whether it succeeds or not is effected by the circumstance where the man is born. If he is born in a family with money, it will become advantageous for succeeding. In a reverse case, in order for people who has not maney to be successful, it is necessary to try hard more than ordinary and a possibility of suffering a setback is also high.

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Naomi and Rose: A Journey of Self Discovery

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Most people at some point in their lives undergo a journey of self discovery. Naomi in Obasan and Rose in Simon's Luck both journey through the circle of self discovery by revealing, remembering and reconciling their past experiences, and thus become their true selves. Without completing this journey, they would both remain fragmented personalities and not achieve a peace with themselves concerning all aspects of their lives.

One of the first steps in this journey is to use the knowledge one already has of the past. By remembering experiences and events of the past both Naomi and Rose were able to progress through the circle of their journey. Throughout both stories, these women have helpers that either suggest or force them to realize and deal with their personal histories. One's history is oneself and we cannot be complete without remembering. (Kogawa, 54) Throughout Obasan, Aunt Emily helps Naomi by providing her with pictures, letters and pamphlets which spark memories that Naomi had long since pushed away. The time between the events which Naomi must remember, and the year 17 when her process of self discovery begins, is the solace which allows Naomi to handle the painful process of dealing with memories. On the other hand, Rose is able to begin accepting her past only by separating herself physically from the events. Naomi wished to remain close to her childhood home in Granton, Alberta whereas Rose began to recall her past once she traveled from Kingston to the West Coast and started a new life away from the people and places of her memories.

Remembrance of the past, however, is seldom easy or undertaken willingly. One of the striking similarities between Naomi and Rose is that both struggle to not remember. Naomi's belief is that "Crimes of history… can stay in history" (Kogawa, 44). She states that if she allows herself to remember everything she will be drawn into a downward spiral; thus she must only skirt the edges of her memories. (Kogawa, 57) Contrarily, Rose denies her memories by using her acting abilities to play the roles of different people. She refuses to be her true self, for fear of being unable to keep her memories at bay. (Munro, 154) To their benefit, both characters do recall the memories they wish to avoid. Naomi is able to use the photographs of her family, as well as letters, dreams and mementos of the war. Rose is reunited with a lady from her past whom she initially doesn't remember. Subsequent to their conversation, she recalled not only the people and events of Kingston, but of the many places and people she knew previously. (Munro, 16) Without these helpers neither Naomi nor Rose would have allowed themselves to remember the past. Forgotten memories would linger because "'However much the effort to forget' says one 'there is no forgetfulness.'"(Milton, ) With unresolved memories, both Naomi and Rose would have remained as fragmented persons since neither would have found peace with themselves or a unity with the past.

Although it was impossible for Naomi and Rose to truly forget their memories, neither could have completed the journey of self discovery without additional information that was necessary to push them towards the point of reconciliation with their past. Throughout Obasan, Naomi was struggling with the death of her uncle and her acceptance of the treatment of Japanese Canadians during WWII. In addition, a reoccurring theme concerned that of her missing mother. Naomi's mother had returned to Japan at the beginning of the war and was caught in the bombing of Nagasaki. She wasn't killed but suffered the horrible effects of radiation and remained there until her eventual death. Naomi's mother did not wish for her children to discover her whereabouts since in Japanese culture painful and emotional events were rarely discussed (Kogawa, 64). Without this information however, Naomi's questions regarding her mother remained unanswered and the full effects of the war on her life would not be realized. Given the intense bond children have with their mothers, and especially since her mother became the focal point of Naomi's world, she could not complete the cycle of self knowledge without this information. (Woodward, ) As Naomi said "Beneath the hiding I am there with you" (Kogawa, 65) and despite her lack of knowledge, in her heart she was still connected to her mother. She often spoke to her absent mother and asked her for help. (Kogawa, 64) This was her way of looking inside herself and finding the will to advance her journey toward accepting the effects of the past on her life. Through the unforgiving facts of the documents, letters and family journals kept by Aunt Emily, Naomi was able to discover the life of her mother, reconstruct her own past and become her true self. (Milton, 1)

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The knowledge Rose needed however, was not something she was searching for or wanted to uncover. She discovered in passing from a previous acquaintance that Simon had died. Simon, whom she had once been romantically involved with, prompted her decision to leave Kingston. At this stage, Rose was still unwilling to come to terms with her past. She used her skill as an actress to hide behind different personalities, and Simon's death struck Rose as a disruption. She thought it unfair that she had not been told of his death earlier and she still thought of herself as the only person that could lack control over life. (Munro, 170) Rose was not seeking information, nor was she consciously undertaking this journey to self-knowledge. Instead, this newly acquired information forced Rose to look at her past and begin to sort through and reconcile her previous decisions and actions.

The discoveries made by both characters, although not sought after and painful to acquire, were necessary in order to forgive not only the people who caused the pain, but also to strive for the forgiveness of self. As a result, they could move forward into the final phase of their self-discovery cycle.

After the painful process of remembering and discovering has taken place, the act of emotionally and mentally reconstructing ones true person may begin. This aspect of the journey must be consciously undertaken, as the spark of hope begins to burn and true forward motion to self discovery is initiated. In both Obasan and Simon's Luck the reader wasn't taken through this process with the characters, but was left with the knowledge that self-actualization does occur and reconciliation with the past is reached. Naomi is unwilling to live with disorder and internal chaos especially when it concerns herself and is not content with who she is currently. (Kogawa, 5) After remembering and gaining prior information, she is able and willing, to put to rights her past and become the person she is meant to be.

Rose, in contrast has not been eager to follow this path throughout the entire journey. She is upset when she realizes she is not incapable as once believed, but rather she is the one in charge. She doesn't suddenly become empowered with self-realization however as she believes this knowledge has come too late. (Smith, 1) Simon's Luck leaves Rose with the potential to still complete this journey and it is through other stories of Rose that the reader realizes she does undergo the resolution of her past actions.

The act of reconciliation is the most important step of this journey to self-discovery. Although new information and the re-discovery of forgotten memories is necessary to begin the acceptance of the past, to become one's true self an understanding of how and why these events have effected you is necessary.

A journey of self discovery is not restricted to those with circumstances similar to Naomi and Rose such as strange and difficult pasts, or unbalanced personalities. Far from being uncommon, many people will undergo such a journey at some point in their lives. Only during this journey will a person be able to become whom she is truly meant to be, and develop a peace with oneself regarding the events, actions and decisions of ones past.-

Works Cited

Feng, Pin-Chia and Lui, Kate. "Joy Kogawa; Obasan". World Literatures in English. 000. http//www.eng.fju.edu.tw/canada/kogawa-past.html

Kogawa, Joy. Obasan. Toronto Penguin Books. 181.

Milton, Edith. "Unnecessary Precautions". The New York Times. September 5, 18.

http//www.princeton.edu/~howarth/557/obasan.html

Munro, Alice. "Simon's Luck". Selected Stories. Toronto McClelland & Stewart. 16.

Smith, Wendy. "Alice Munro Selected Stories". Wendy Smith Book Reviews. 16.

http//mrlloyd.shuckandjive.com/wen/munro.htm

Woodward, Mariann T. "Obasan by Joy Kogawa". Under the Covers. April 4, 1.

http//silcom.com/~manatee/kogawa_obasan.html

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