Country lovers Essay

copy and paste method Screen-reader users, click here to turn off Google Instant. About 2,640,000 results (0. 56 seconds) Search Results country lovers Web definitions The Country Lovers is a 1911 short silent comedy film directed by Mack Sennett and starring Blanche Sweet. http://en. wikipedia. org/wiki/The_Country_Lovers Country Lovers by Nadine Gordimer, an Analysis – lee custodio leecustodio. hubpages. com †º Books, Literature, and Writing? Mar 5, 2012 – Country Lovers (1975) is a story of forbidden love between a black woman—Thebedi and Paulus, the son of her white masters. It was a story of †¦ Country Lovers – College Essays – StudyMode. com www. studymode. com †º Home †º Literature? †¦ above being a line of strung together sentences and give the story meaning. †¦ Recently I have had the pleasure of reading the short story â€Å"Country Lovers†, †¦ Country Lovers Meaning Free Essays 1 – 20 – StudyMode. com www. studymode. com/subjects/country-lovers-meaning-page1. html? 20+ items – Free Essays on Country Lovers Meaning for students. Use our †¦ Country Lovers 737 Words 3 Pages. Country Lovers 980 Words 4 Pages. Response to Country Lovers – Research Paper – Hamdez8 www. studymode. com †º Home †º Linguistics & Human Languages? The first thing that captured my interest about the story â€Å"Country Lovers†, by Nadine †¦ Literature exists only when it is read; meaning is an event (versus the New †¦ Reading Reflection on the short story by Nadine Gordimer, â€Å"Country †¦ www. scribd. com/†¦ /Reading-Reflection-on-the-short-story-by-Nadine-G†¦? Jun 29, 2013 – Finally, I had to evaluate the meaning of the selected literary work, which in this case is â€Å"Country Lovers†, by Nadine Gordimer, once again †¦ Country Lovers flashcards | Quizlet quizlet. com/5228536/country-lovers-flash-cards/? Vocabulary words for Quotes and Meanings. Includes studying games and tools such as flashcards. Country Lovers – Essays – Justew53 – PaperCamp. com www. papercamp. com †º Literature? Jun 18, 2012 – In Nadine Gordimers story, Country Lovers she uses many different methods to describe the meaning behind this story;; An Analysis Of Country †¦ Free Country Lovers Vs The Welcome Table Essays 1 – 30 Anti Essays www. antiessays. com/topics/country-lovers-vs-the-welcome-table/0? Get access to Country Lovers Vs The Welcome Table Essays only from Anti †¦ The Welcome Table: discover different human experiences and the meanings. Essay | Analysis of â€Å"Country Lovers† by Nadine Gordimer †¦ www. bookrags. com/essay-2003/3/6/115012/5149/? Mar 6, 2003 – Essays from BookRags provide great ideas for essays and paper topics like Analysis of â€Å"Country Lovers† by Nadine Gordimer. View this student †¦ Patriotism – Definition and More from the Free Merriam-Webster †¦ www. merriam-webster. com/dictionary/patriotism? pa ·tri ·ot ·ism. noun ? pa-tre-? -? ti-z? m, chiefly British ? pa-. : love that people feel for their country. Full Definition of PATRIOTISM. : love for or devotion to one’s †¦

Custom as a Source of Law – M P Jain

INTRODUCTION TO THE LEGAL PROCESS Note: Only minimum reading materials are reproduced here. Students are advised to familiarize themselves with all the recommended readings and participate in discussions in the class. (a) The object of Law Study (b) Studying Law under the â€Å"Case Method† (c) The Case Method from Student’s point of view. The following extracts are from: (a) Stanley V. Kinyon, How to Study Law and Write Law Examinations (1951) (b) Edward H.Levi, An Introduction to Legal Reasoning (1949) University of Chicago Press. (c) Paper from Professor Jackson, Michigan University Law School (Un-published ) (The essay is based on comments made orally to a Faculty Colloquium of the Faculty of Law, University of Delhi in January and February, 1969 while the author was Visiting Professor of Law) THE OBJECT OF LAW STUDY What is this thing â€Å"Law† which you are about to study? What is the nature of the subject and what are you supposed to learn about it?In one sense, the â€Å"law† is a large body of rules and regulations, based mainly on general principles of justice, fair play and convenience, have been worked out by governmental bodies to regulate human activities and define what is and what is not permissible conduct in various situations. We use the term in this sense when we say that a person â€Å"obeyed the law† or â€Å"broke the law† and a great deal of your work will be devoted to a study of the rules and regulations applicable to different areas of human activity.Such rules and regulations are sometimes found in our state and federal constitutions, more often in statutes, sometimes in administrative rulings, and in many instances have been developed by the courts themselves in the process of deciding the controversies that come before them. The term â€Å"law†, however, is also used in a much broader sense to denote the whole process by which organized society, through government bodies and personn el (legislatures, courts, administrative tribunals, law-enforcement agencies and officers, penal and corrective institutions etc. attempts to apply these rules and regulations and thereby establish and maintain peaceful and orderly relations between the people in that society. For example, when there is evidence that some person has killed another, or has robbed or stolen or done some other act disruptive of the public peace of welfare, not only do we assert that he has â€Å"broken the law† but we expect that the appropriate agencies of government will in accordance with the rules of law, apprehend and 2 Legal Profession and the Advocates Act, 1961 ring him before the proper court, conduct a fair and orderly trial to determine his guilt or innocence, and if he is guilty, prescribe and carry out appropriate corrective or punitive measures. Even where no public offence is involved, as where John Smith has an automobile collision with Joe Jones, or breaks a promise made to Joe & interferes with his property, or does something else to cause a dispute between them which they cannot peaceably settle between themselves, we expect them to â€Å"take it to court† for a peaceable decision in accordance with the established rules of law.This whole legal process is carried on through the various organs of government by a large number of people – legislators, lawyers, judges, police officers, administrative officials, and many others, most of whom must be intensively trained in various aspects of the system. Law schools are engaged primarily in training future lawyers, judges and others who will operate this legal system. Thus the study of law necessarily involves not only a study of legal rules but also a study of the whole legal system through which society attempts to maintain â€Å"law and order†.For, too many students get off on the wrong foot in law school because they don't understand the real object of their law study. They get the idea that all they are supposed to do is memorize a flock of rules and decisions just as they memorized the multiplication tables in school. Such a notion is fatal. Even though you know by heart all the decisions and rules you have studied in a course you can still flunk the exam. After all, you learned the multiplication tables-not merely to be able to recite them like a poem but to enable you to solve problems in arithmetic.Likewise, you are learning rules of law and studying the court decisions and legal proceedings in which they are applied, to enable you to solve legal problems as they are solved by our legal system. It doesn't make any difference whether you are studying law in order to become a lawyer or judge, or merely for the help it will be to you in business, politics or some other field. In any cause you are after something you can use and apply.To be specific you must learn how to take a particular problem accurately – classify it as it would be classified by a lega l tribunal, discover and apply to it the rules and principles generally applied to controversies in that class, so far as possible, draw the same conclusions and arrive at the same solution as the legal tribunal would, to carry on your own affairs properly, but also to advise others as to their legal rights and liabilities and otherwise take part in the activities of the legal system itself.If, on the other hand, you know a lot of legal rules but can’t apply them and work out a reasonably accurate solution of the everyday legal problems you run into, you simply haven't learned what a lawyer has to know. Consequently, whenever you are reading a law book or discussing a problem in class or reviewing, keep this one thing in mind you're not merely memorizing what the courts and legislatures have said and done in the past. That’s history!You're trying to learn how the legal system works and how to solve future legal problems in accordance with the principles that have been established. Introduction To The Legal Process 3 STUDYING LAW UNDER THE â€Å"CASE METHOD† OR â€Å"CASE SYSTEM† The â€Å"Case system† is based on the idea that the best way to study law is to study the actual court decisions in various types of cases and to derive from them, by inductive reasoning, an understanding of the main fields or classifications in the law and the general rules and principles of law applicable in those fields. The procedure is to have the student read selected â€Å"cases† in â€Å"casebooks† which have been prepared by outstanding legal scholars and then supplement his case reading by lectures, class discussions and a certain amount of outside reading in texts, law review comments and the like. The student's work under this system consists mainly of reading and â€Å"briefing† the cases, attending classes and taking notes, and periodically reviewing the work in each course). Consequently, if you are studying law un der this system you should know the best methods of doing these. Cases† and â€Å"Case Books† Before you can properly read and â€Å"brief† the cases in your casebook, it is essential that you understand what they are, how they came to be written, where the author of your case book got them, and what is in them. In some schools this is adequately explained when you start the first year's work. In others it is not, and therefore it is probably worthwhile to explain these things here briefly even though some of you may already known them. You obviously can't read cases intelligently unless you know what they are.Cases, as we shall use the term in this discussion, are the published reports of controversies which have come before the courts, including the court's decision and its reasons for the decision. These reports usually deal with the decisions and opinions of appellate courts (court's deciding cases appealed from lower courts). Trial court decisions (those ren dered in the first court to which the controversy was taken) are not ordinarily recorded in printed volumes for public distribution, except in the Federal courts, New York and a few other states. In most jurisdictions the pleadings, orders, verdicts, judgements, etc. n the trial courts are merely tied in bundles in the office of the clerk of the court, and the record of the proceedings in trial remains in short hand in the court reporter's notebook unless a case is appealed, in that event, however, the appealing party has the record transcribed, printed and sent to the proper appellate court. Printed briefs are also usually submitted by each party to that court setting forth the arguments pros and cons and the authorities relied on. Each party then has an opportunity for oral argument before the appellate court judges at a time prescribed by them.After the arguments have been heard the judges meet in conference and come to some conclusion as to their decision. One of them is assigne d the task of writing a statement of the decision and the court’s reasons for making it. This is called the opinion, and when he has finished writing it, he submits it to the other members of the court who either approves it, suggest changes, or dissent, in which case they may write a dissenting opinion of their own. After the majority of judges have approved an opinion, it is â€Å"handed over† together with any dissenting opinions.Then, it is given out to the parties and made public in the one way or another. 4 Legal Profession and the Advocates Act, 1961 After they are published, these opinions of â€Å"cases† are customarily referred to or â€Å"cited† by giving the name of the case, the volume number, name and page of the state report in which it is published if it was decided by a state court, the volume number, name and page of the particular unit and series of the National Reporter System in which it is reported, the volume number, name and page o f any other selected case series in which it may have been published and the date it was decided.The â€Å"Case books† which you use in school are made up principally of selected cases taken from these reports (or from English or British Empire reports) and arranged or grouped according to the type of controversy involved in the case, sometimes the author of the case book reproduces the whole opinion verbatim as originally published, sometimes he omits parts of it not regarded as significant, or substitutes a brief statement of his own as to some part which is omitted, but this is always indicated.Therefore a case you read in your case book is normally, an exact copy of what some judge has written in explanation of his court's decision in a particular law suit brought to that court for decision. Reading Cases The fundamental thing in reading cases is to know what to look for. Otherwise you may concentrate on the wrong thing or miss an important point. Perhaps the best way to explain what to look for is to point out what you can normally expect to find in a case and what the judge normally puts or tries to put in his opinion. 1.The first thing you will usually find in a case is a brief statement of the kind of controversy involved. That is, whether it was criminal prosecution, an action of tort for damages, an action for breach of contract, or to recover land, etc. This is usually accompanied by an explanation of how the case got to this particular court; whether it started there, or if it is a matter on appeal (as it usually is), how and why it happened to get there whether plaintiff or defendant appealed, and to just what action of the lower court the appealing party is objecting. . The next thing you will usually find is a statement of the facts of the controversy, who the parties were, what they did, what happened to them, who brought the action and what he wanted. Normally, the judge writing the opinion starts off with a complete statement of the fa cts, but judges are not always careful to do this and you will frequently find the facts, strewn throughout the opinion. Thus you can never be sure you know all about the controversy until you have read the whole opinion.Sometimes the statement of facts is made categorically on the basis of the court's or jury's findings of fact; sometimes it is made by stating what the plaintiff and defendant alleged in their pleadings; and sometimes it is in the form of a resume of the evidence produced at trial, wherever they may appear, however, and in whatever form they may be, determine circumstances out of which the controversy arose. 3. Next comes a statement of the question or questions the court is called upon to decide the various â€Å"issues† (either of law or fact) which must be settled before a decision on the controversy can be reached.Any of you who have done any debating, understand â€Å"issues†, the breaking up of Introduction To The Legal Process 5 a general proble m into specific sub-problems. Some judges are very careful to state the issues clearly; others will leave them to inference from the discussion, or else wander around from one thing to another and leave the precise questions they are deciding in doubt. 4. After the issues comes the arguments, on them a discussion of the pros and cons. This is where logic comes into play. You will recall that there are two main types of logical reasoning inductive and deductive.Inductive reasoning involves the formulation of general propositions from a consideration of specific problems or observations; deductive reasoning involves the application of a general proposition already formulated to some specific situation or problem so that a conclusion can be drawn as to it. In each case the court, having these definite and specific issues or problems to decide, decides or purports to decide them by first concluding what the general rule or proposition of law is as to this type of issue, and then deducti ng the decision on the issue from the general rule.If there happens to be a statute or constitutional provision prescribing a general rule as to questions like those involved in the case, the judge has his major premise and will devote his argument to a consideration of its scope and applicability to the issues in the case. If there is no statute or other prescribed general rule, the judge will try by induction to derive one from the decisions and opinions to previous cases involving issues similar to those in the present case, or from general principles of fairness, policy and common sense, and then apply it to the issues at hand and deduce his conclusion. . Finally, after the argument on all the issues (and sometimes good deal of irrelevant argument and discussion), the judge states the general conclusion to be drawn therefrom, and winds up the opinion with a statement of the Court's decision. For example: â€Å"Judgement affirmed†, â€Å"Judgement reversed†, â€Å" Case remanded†, â€Å"New trial ordered†, etc. It is to be remembered, of course, that legal opinions do not all follow the same order and are not all cut from the same pattern. They are written by many different judges, each of whom has his own style of writing and his own particular method of resenting a legal argument. Some opinions are not as easy to understand as others and it would be erroneous to assume in reading them that they are all perfect. Courts frequently disagree as to the principles that ought to be applied in certain types of controversy and occasionally the same court will change its view as to the law on a particular point. In reading these cases, you are not trying to find the reasoning from what various courts have actually decided in particular cases the rules and principles most frequently applied and most likely to be applied by them in future cases of that type.Now, having in mind what you can expect to find in the cases, and also the fact that they are not necessarily perfect and seldom embody an unchanging principle or universal truth, you are in a position to read them intelligently. It's not a bad idea, however, to adopt a systematic method of reading them: The following has proved effective, and you might try it as a starter. First get a clear picture of the controversy involved. Get all the facts and issues straight. Consider the following: 6 Legal Profession and the Advocates Act, 1961 What kind of an action it is,Who the parties were, What they did and what happened to them, Who brought the action, what he wanted, What the defence was, What happened in the lower court (if it's a case of appeal), How the case got to this court, Just what this court had to decide. At this point, stop for a moment. Look at the problem first from the plaintiff's point of view, then from the defendant’s. Ask yourself how you would decide it, what you think the decision ought to be. Compare this case with others you have studied on the same topic. What result do they indicate ought to be reached here.By doing this you put yourself in a better position to read the court's argument critically, and spot any fallacies in it. We are all somewhat prone to accept what we read in print as the Gospel, and this little device of considering the problem in your own mind before reading the court's argument is a rather effective means of keeping a critical attitude. Now read the argument and the court’s conclusions. Consider the various rules and propositions advanced on each issue and the reasons given for adopting them. See whether the conclusions drawn follow logically from those rules.Then ask yourself whether you agree with the court, and if not, why not. Consider also how the result in this case lines up with other similar cases you have studied. In thus analyzing the court's argument and conclusions it is important to distinguish carefully between the rules and propositions of law actually relied upon by th e court in deciding the issues involved in the case (these are called â€Å"holdings†) and other legal propositions and discussion which you may find in the opinion but which are not relevant nor applicable to the issues before the court (these are called â€Å"dicta†).When the case was before the court, counsel for the opposing parties probably availed themselves of the opportunity to prepare fully and present to the court their arguments, pros and cons upon the issues involved in it, and the court thus had the opportunity to consider all aspects of each issue, choose the better result and â€Å"hold† with that view. Dicta, however, not being relevant to the issues before the court, was probably not argued by counsel nor thoroughly considered by the court. It was not necessary to the decision of the case and the court may have stated it casually without considering all aspects of the problem.Courts in each jurisdiction regard their own prior â€Å"holdingsâ₠¬  as creating binding precedents which they feel obliged to follow in later cases involving the same issues. This is called the doctrine of stare decisis and makes for stability and predictability in the law. Dicta, on the other hand, being casual and not a matter of actual decision, is not regarded as establishing law which will be binding on the court in a subsequent case. Thus the former case containing the dictum is not a controlling â€Å"authority† on the question although it may be followed in later decisions. Introduction To The Legal Process 7THE CASE METHOD FROM THE STUDENTS’ POINT OF VIEW One of the important developments of Indian Legal Education in the last few years is the introduction of the â€Å"case method† of teaching in several Indian Law Faculties. The â€Å"case method† sometimes called the â€Å"discussion method† is a term that has been used to describe a wide variety of teaching methods, but the one common element of thes e methods usually is the use of actual court opinions as the basis of analysis and discussion in the law classes. The advantages of the â€Å"case method† do not have to be repeated at length here. Eminent Indian scholars have already commented on those advantages.Suffice it to say that one basic purpose of the method is to engage the student himself in the process of thinking through the meaning and implication of legal principles as set down in court cases. Instead of the passive role which the student may often take when his teacher 1ectures, in the case method the student must himself actively engage in considering the basis of legal rules and the teacher assumes more the role of protagonist and discussion leader, asking question to students, debating points with them, sometimes playing the devil's advocate to force students to think for themselves.The sine qua non of good classes using the case method is prepared by students who have had access to cases prior to class, a nd who have and analysed those cases. Further more, the student's activity in reviewing his subject matter and preparing and writing examinations will often be different when the case method is used, from that which it would be under a lecture method. For one thing the examinations themselves are usually different. When the case method is used as a teaching technique, examinations usually take the form of hypothetical fact situations, i. e. hypothetical case, calling upon the student to decide the case and give his reasons, or calling upon the student to play the advocate's role and write the best possible arguments for one side or another of the case. Each student has his own unique way of studying, which suits him and is most productive for him. He will adapt his study habits for the case method. However, it might be useful for him to know how students who have been studying under the case method for some time, go about their studies. If the Indian student knows this, he may find some aspect or other useful and adaptable for his needs.These study methods can be divided into five parts: 1) study before class; 2) the classroom discussion; 3) study or review study after class; 4) preparing for the examination; 5) writing the examination 1. Study before class: Assuming one or more cases have been assigned to students to read and prepare for discussion in the next class, how can one best understand that case or these cases? He can, of course, simply read them and take notes. But one of the important aspects of the case method is 8 Legal Profession and the Advocates Act, 1961 learning a method of analysis for law cases.If the student approaches his case reading with a framework for such analysis, he is likely to derive more benefit from his reading, and be able to contribute more in the classroom discussion. Students’ practice in the case method is often to use a key or guide for analysing law cases. The key or guide has four parts: the facts, the essential question, the answer or court decision on that question, and the reasons for that decision. Each law case can be analysed into these four parts, and such analysis is often called a â€Å"case brief†. Let me be more specific.The case brief (which many law teachers require students to prepare on paper in their notes, and to bring to class) should be a short synopsis of the law case organised along the four parts mentioned above, as follows: F: (Facts: a brief two or three line summary of the essential facts of the case i. e. those facts necessary for the decision. ) Q: (Question: a one line question formed to pose the major issue in the case). D: (Decision: The court’s holding: Something this can be â€Å"Yes† or â€Å"no† in answer to the question. The court's order can then be stated, e. g. â€Å"affirmed†, â€Å"appeal dismissed†, etc. R: (Reasons: Here the reasons can be listed in number outline form). The whole case brief should be indee d â€Å"brief†, that is, it should not be a long type written or handwritten affair which attempts to include everything which the case itself includes. It should contain only the most salient points, in abbreviated form. Often the page number in the case-book can be jotted in the brief next to relevant reasons, to remind the student where he can find that point in the book so that he won’t feel it is necessary merely to copy out, word by word, any portion of the case.The emphasis in all such preparation should be on thinking an analysis, not on copying or memorizing. The brief should always be available to the student to refer to in the classroom, and also at a later stage when he is reviewing. Now let us turn to an example. Let us take the case of Abdul Azis vrs. Masum Ali, an Indian contract case reported at 36 Allahabad 268 (1914). The following might be one student's case brief of this case. You will note that abbreviations are used whenever possible. (df = defend ant; pl = plaintiff: lc = lower court; tc = trial court; ap = appeal, etc. ) F: Subscription for mosque f MAK was treasurer He pledged Rs. 500/- to subscription JM gave cheque to MAK for Rs. 500/MAK presented cheque which was refused as irregular. 1 year later MA, presented it again as corrected, but now refused as too old. MAK died. PL mosque committee sues MAK's heirs both for MAK's pledge and for JM’s cheque amount. Later MJK died. Introduction To The Legal Process 9 P: facts: (procedure facts): tc for pl on MAK pledge, for df on JM's cheque question App. Ct for pl on both. : Q: Can pl recover on charitable promise here? Can pl recover on cheque mishandling here? D: No to both (Dismiss both causes)R: Ist Cause of Action, the pledge: â€Å"mere gratuitous promise†, no consideration. MAK as Treasurer? but he did not â€Å"set aside† funds. 2nd Cause of Action cheque mishandling: No duty to handle correctly. Voluntary office of treasurer could cease anytime. Now in the classroom discussion many facts of this case can be brought out, and attention may be directed to provisions of the Indian Contract Act which the court may have overlooked. Nevertheless, the student can prepare the above case brief before class, and if he does so he will be forced to look for the key facts and the key question in the case.He may, particularly at the beginning, often be wrong in his case to judge as to what are the key facts or questions, but during classroom discussion this should become apparent to him, and he will learn by this process. This is the first step of effectively learning through the case method. 2. The Classroom Discussion: In class, the student should have his brief in front of him. The teacher may call on a particular student to begin the discussion by stating the case, i. e. by stating in turn the facts, question, decision, and reasons, from his case brief.Discussion can proceed on each of these, as to whether the student has been correct in his analysis, whether another way to analyse the case might be better, whether the existence of particular facts were essential to the holding and if so why, what is the precise holding or â€Å"precedent† value of the case, and whether the court was correct either in its holding or in its reasoning. The student should try to take brief notes during class to jot down the important points brought out in class. One way which some students find useful in doing this, is to prepare each case brief on a new page of notebook, paper.If the brief takes about one-half page, then the student can lay down his notes from the classroom discussion just below his case brief, and on the book of the page. Thus both his case brief and his classroom notes are located together for easy reference at a later stage. 3. Study or Review after Class: It is always useful, if there is time, to review the subjects which were discussed in class immediately after that class, to add to one’s notes, a nd to clear up any questions one has in his mind. When the classes have completed each section or each chapter of a case book, i. e. t the end of each sub-division of the course material, the student should begin the vitally important process of â€Å"outlining† the subject matter of that portion of the course. At this stage he will have before him all his case briefs and classroom notes on all the cases assigned for that portion of the course. He will also have his case book, with its questions and notes. He should then try to inductively assimilate this â€Å"raw material† into a logical consistent set of principles. This is a key 10 Legal Profession and the Advocates Act, 1961 step in his thinking and learning, and one vitally different from the lecture method.Here the student must himself take the raw data of the law, the court opinions and derive from them the general rules, exceptions, and reasons which in the lecture method might simply have been presented to hi m for memorization. It is the process of doing this for himself that brings insight and understanding to the student. He can, of course, turn to treatises and text books to assist him in this process (in a sense, his outlining is a process of writing his own text book), but it is always better to try to outline himself first, before turning to someone else's work.If this outlining is short circuited, then the student misses the understanding and he will be unable to cope with a well constructed examination which should attempt to test his understanding and not just his memory. 4. Preparing for the Examination: At the end of the term, the student should complete his outlining for any portions of the course for which he has not completed it before. He then can use these outlines for review purposes, dipping back into his case briefs, classroom notes and case book as needed to refresh his recollection.One effective technique of studying at this stage, which many students use, is a smal l discussion group, usually of three students in the same course. These students can compare their outlines, explain to each other the points they include in them, and test each other orally by posing questions and hypothetical cases to each other, for discussion. 5. Writing the Examination: Here a few simple guidelines may help. First, allocate your time wisely. If the examination is three hours in duration and five questions must be answered, allocate one-half hour to choose your questions, and then one-half hour to write each answer.Be ruthless about stopping at the end of a half hour on a question, because if you are forced to leave out (or hurry through) any question, this is likely to penalize you in your score more than leaving out a few final fine points of another question. Second, outline your answer before you begin to write. Particularly with the problem or hypothetical type examination question, it is important to spend about one third of your allocated time in analysin g and thinking through the problem. Jot down on a spare piece of paper a rough outline of your answer, and only then begin to write.Third, write legibly. These are a few of the methods which many good students have used for year and years, when they have studied law by the â€Å"case method†. You may find some of these methods useful in your own study. The important thing to remember, is that the purpose of the whole processstudying, classroom discussion, examinations, etc. is to give you a basic understanding of the law, its sources, its rules and their limitations and the reasons for those rules. Now let me turn to a few additional points that may be useful in studying under the case method.It is important to realise that there are a variety of view points from which a case or rule of law can be approached. It is not enough to simply ascertain â€Å"what is the law†, in some general abstract sense. There are other relevant questions which can be posed also, such as à ¢â‚¬Å"What should Introduction To The Legal Process 11 be the law†. For example, consider the following four approaches to a particular case or fact situation, taken partly from the actual work of a practicing lawyer. First might be called the â€Å"planning transacting† approach.In a given situation, a lawyer may be called upon to advise a client about the best way to go about some business or personal activity. At this stage the prime consideration is getting the objectives accomplished with the least risk of something going wrong. If the problem is drafting a contract, or preparing a will then the lawyer will need to know what the problems and pitfalls are so that he can word the language of the instrument in such a manner as to avoid future controversy or litigation.He may not, at this stage, need to know precisely what the law is regarding each of his problems (the law may, indeed, be unsettled on those points), but he must be able to spot the problem so that he ca n avoid it. Second might be called the â€Å"predicting† approach. In some circumstances the lawyer is called upon to perform a task which basically is to predict how a court might rule on a question. Justice Holmes, in the U. S. is quoted as saying that law is nothing more nor less than a prediction of what the courts will do in a particular circumstance.The situation like this arises when a client comes to a lawyer with a dispute which has already arisen, and asks the lawyer whether he should sue in court. The lawyer may advise the client partly on the basis of his prediction whether the client will win. To a certain degree this is stating to the client what the law â€Å"is†, since the lawyer knows that the court's decision will be based on that law. Third might be called the â€Å"advocacy† approach. For instance a client has decided to bring a law suit (either with or against his lawyer’s advice).Now it is the lawyer's task to do the best job of advo cacy which he can do for his client. Under the adversary system of courts which we have, this is a very important function, because the philosophy is that if each side presents their best possible arguments, the courts will be able to rule more justly on the issue. But here the lawyer's function is different from that of the two previous approaches. In this approach it is his task to marshal the strongest arguments, not to predict, nor to â€Å"avoid† problem issues. Fourth, and finally, comes the â€Å"judicial† or â€Å"legislative† approach.In this instance the lawyer (as a judge, legislator, member of a commission or committee, etc. ) is called upon to give his view as to what the law should be. Once again, this approach differs from the previous ones described. Each of those tasks or approaches requires skills a bit different from the other. It is important for the law student to develop his talents in each of these directions. One way of doing this is to o ccasionally analyse a case, either in his private studies or in classroom discussion, according to each of these four approaches.As your self, in connection with a particular case on contracts or wills, how could I prepare a similar will or contract, which would have avoided the litigation described in this court opinion? Ask yourself if presented with this case today, or a similar case, how would I predict the courts would decide? Ask yourself, if given the task to argue for the plaintiff which arguments would I use? (Then ask the same question for arguments for the defendant). Finally, ask yourself, what should be the rule of law in that situation? The same analysis can be used in almost any law subject. THE INDIAN LEGAL SYSTEMJoseph Minattur INTRODUCTION To delve among the laws of India is like bathing in the holy waters of Triveni. It leaves one refreshed and delighted; refreshed from the pleasant contact with almost all the legal systems of the contemporary world, and delighted at the hopeful realisation that here in the Indian legal system lie the seeds of a unified, eclectic legal order which may soon grow into maturity and spread its branches, like a banyan tree, all over south and southeast Asia. Three main streams join together to form the Indian legal system. That of the common law is perhaps the most dominant among them.Then there is the stream of laws springing from religion. The third is that of the civil (‘romanist') law which energizes the system with unruffled ethical verve and accords comeliness to its contours. Trickles of customary laws cherished by tribal societies and other ethnic communities also flow into the main stream. Like the Sarasvati near Prayag, the element of the civil law is not easily perceptible, though it permeates the entire structure. So a word of explanation is perhaps warranted. The very idea to a code appears to have been derived from the codes of continental Europe.When in 1788 a codification of Hindu law on con tracts and succession was proposed by Sir William Jones to Lord Cornwallis, it was conceived to be on the model of the â€Å"inestimable Pandects of Justinian†. On 18 May 1783 â€Å"A Regulation for forming into a Regular Code, all Regulations that may be enacted for the Internal Government of the British territories in Bengal† was passed by the Governor-General and Council, some eight years earlier, in 1775 Warren Hastings had A Code of Gentoo Laws or Ordinations of the pundits prepared and translated by Halhed a Judge of the Supreme Court at Calcutta.The same year Bentham offered to act â€Å"as a sort of Indian Solon† and thought of â€Å"constructing an Indian Constitutional code†. James Mill, one of his disciples at India House thought that his Draught of a New Plan for the France was applicable to India. Speaking on the Charter Bill of 1833 Macaulay said: I believe that no country ever stood so much in need of a code of laws as India, and I believe also that never was a country in which the want might so easily be supplied. Section 53 of the Charter Act, 1853 declared that it was expedient: that such laws as may be applicable in common to all classes of the inhabitants†¦ ue regard being had to the rights, feelings and peculiar usages of the people, should be enacted: and that all laws and customs having the force of law should be ascertained and consolidated and, as occasion may require, amended. The first Law Commission immediately after its appointment in 1833 with Macaulay as its President took up the task of codification. Under Macaulay’s personal direction it prepared its first draft of the Indian Penal Code and submitted it to the Governor-General in Council on 14 Legal Profession and the Advocates Act, 1961 3 October 1837. When there were complaints that the progress of the Commission's work was unsatisfactory, Macaulay compared its progress with that of the authors of the French codes. He pointed out that t hough the French Criminal Code was begun in March 1801, the Code of Criminal Procedure was not completed till 1810. It is also interesting to find half of the last century were on the same branches of law as were the French codes enacted earlier. Neither in India nor in France was enacted a code on the law of civil wrongs.It is true that there was no comprehensive enactment on torts in England, but then there were no comprehensive enactments in England on any of the subjects covered by the Indian codes. It is not only in cherishing the idea of codification that the British Indian authoritiesexecutive as well as legislative bodies-appear to have been indebted to continental codes. As early as 1686 in a letter sent to Bombay the directors of the East India Company had expressed the view that: you are to govern our people there, being subject to us under His Majesty by the law martial and the civil law, which is only proper to India.The first Law Commission which drafted the Indian pen al Code acknowledged its indebtedness to the French Penal code. In a letter of 2 May 1837 addressed to the GovernorGeneral the Commission stated that it derived much valuable assistance from the French code and from the decisions of the French courts of justice on questions touching the construction of that Code. It â€Å"derived assistance still more valuable from the code of Louisiana prepared by the late Mr. Livingston†. The second Law Commission which sat in London from 1853 to 1856 expressed its view that: hat India wants is a body of substantive civil law, in preparing which the law of England should be used as a basis. It, however, emphasised that such a body of law ought to be prepared with a constant regard to the conditions and institutions of India, and the character, religious and usages of the population. It also stated that in the social condition existing in India it was necessary to allow certain general classes of persons to have special laws, recognised and enforced by our courts of justice, with respect to certain kinds of transaction among themselves.The Commission gave final shape to Macaulay's Penal Code; it also prepared drafts of the Code of Civil Procedure and the Code of Criminal Procedure incorporating into them materials left by the first Law Commission. The Legislative Council adopted the Code of Civil Procedure in 1859, the Penal Code in 1860 and the Code of Criminal Procedure in 1861. The third law Commission, appointed in 1861, was enjoined to prepare for India a body of substantive law, in preparing which the law of England should be used as a basis. The fourth law Commission expressed a similar view when it recommended in 1879 that English law should be 4 Legal Profession and the Advocates Act, 1961 made the basis in a great measure of our future Codes, but its materials should be recast rather than adopted without modification. It, however, added that in recasting those materials due regard should be had to Native habi ts and modes of thought. The influence of Scots and their law on the framing and adoption of the early British India codes and other enactments deserves to be mentioned. For a number of Scots in the 19th century their prospects were not only along the highway to London, but from there across the high seas to Indian ports.Macaulay himself was of Scottish descent. Even when Scots were members of the English Bar, they were imbued with concepts derived from the civil law system. In the same way a they would prefer to preserve Scots law unsullied by English notions of Legal rule, they were inclined to keep Indian law unsullied by intrusions and erosions to English rules of law and tended to give due regard to native habits and modes of thought. We shall refer to few instances where the influence of the civil law is clearly discernible.Section 11 of the Indian Evidence Act adopted in 1872 could not have been enacted in a fit of absent-mindedness. The section which lays down guidelines to determine relevance in the admissibility of evidence is a clear, and presumably a deliberate, departure from the English rule and brings the Indian law in this respect very relevant and fair. Another provision which is of interest in this regard is section 165 of the Act. Commenting on it, Stephen has said: Section 165 is intended to arm the judge with the most extensive power possible for the purpose of getting at the truth.The effect of this section is that in order to get to the bottom of the matter before it the court will be able to look at and enquire into every fact whatever. The Indian judge appears to be invested with ample powers under the Act to get at the truth and form his own conviction at time. It is not unfamiliar learning that the framers of the Indian Contract Act adopted several provisions of the Draft New York Civil Code. The Contract Act which does not purport to be a complete code only defines and amends certain parts of the law of contract, so that a rule of t he Hindu law of contract like Damdupat is not abrogated.The rule stipulates that interest exceeding the amount of principal cannot be recovered at any time. It is still in force in some parts of India. The reason for not interfering with a rule like this must have been the sense of fairness cherished by the framers of the Act, though no such rule existed in English law. In the law of contract, consideration plays a significant role in India as in England. But the words of section 25 of the Indian Contract Act which accords validity to a registered agreement, even though without consideration, appear to reflect the concept of cause in French law.In this brief introduction it is not intended to indicate all departures from English law in the Indian statutes. It may, however, be emphasised that when such departures were made, the legislators were generally induced to do so on consideration of what they thought suited Indian conditions or on considerations of equity. Legal Profession an d the Advocates Act, 1961 15 It is generally assumed that India is a common law country. This assumption may have been justified to a certain extent if applied to British India. It is true that many of the concepts and most of the judicial techniques are of common law origin.But there is more than a sprinkling of other concepts and techniques, which cannot be overlooked. Indian codes or judicial procedure owe a great deal to procedure in England. But with the introduction of nyaya panchayats (village tribunals) which are indigenous in origin the English procedure has been virtually replaced at the grass root level. The functioning of nyaya panchyats may not be as widespread as is desired: the fact however remains that at present there is a less formal procedure than the one followed until recent years.There is also general dissatisfaction, if not hostility to the complex, protracted procedure derived from the common law system. With the reign of dharma which may be equated with equi ty while it comprises the concept of law unopposed to justice, there was no need in India to think of a separate branch of law known as equity detached from common law. We have already adverted to certain departures from English law even when rules of English law were believed to have been codified for the benefit of the Indian people.Neither the expression ‘justice and right’ in the Charter of 1726 nor the phrase ‘equity and good conscience’ or ‘justice, equity and good conscience’ in several regulations and Acts could have meant principles of English law. The Judicial Committee of the Privy Council was careful in its use of words when it pointed out that equity and good conscience had been â€Å"generally interpreted to mean rules of English law if found applicable to Indian society and circumstances†. It has been observed that from 1880 or there about to the present day â€Å"the formula has meant consultation of various systems of l aw according to the context†.At present the Supreme Court of India is inclined to think that the phrase has given a connotation consonant with Indian conditions. In the early nineteen sixties a number of territories where the civil law prevailed became parts of the Indian Union. In the Union territory of Goa, Daman and Diu, Portuguese civil law was in force, even after the extension of several Indian enactments to the territory, it is generally the provisions of the Portuguese Civil Code which apply to the people of this territory in matters of personal law.In the former French settlements of Pondicherry. Karaikal, Mahe and Yanam which, when ceded, were formed into the Union territory now known as Pondichery, there are Indian citizens who are governed in matters of personal law by the provisions of the French civil code as they existed at the time of the cession. There are also other renoncants who are French citizens living in Pondicherry to whom provisions of the French Civi l Code relative to personal law will apply with all subsequent amendments.In these circumstances, the element of the civil law in the fabric of Indian law cannot be brushed aside as negligible. And this element affects domestic relations which are on negligible part of a citizen's life. The customary laws of various tribal communities and other ethnic groups also form part of the law administered in India. To cite one instance: matriliny among the Mappila Muslims of Kerala, though not favoured by the tenets of Islam, is permitted to play a decisive role in the rules of succession applicable to them.In the light of the presence and prevalence of French and Portuguese laws, customary law of various ethnic groups and laws based on religion of the several communities, the introduction 16 Legal Profession and the Advocates Act, 1961 of indigenous judicial procedures in village tribunals and several other factors, one cannot possibly close one's eyes and regard the Indian legal system as belonging to the common law family. It would be more justified to regard it as a mixed system.If Indonesian law with its admixture of customary laws based on religion could be regarded as a mixed system there is no reason why Indian law should not be so regarded. Though the provisions of the French and the Portuguese civil codes relative to domestic relations are in operation in certain regions only, laws grounded in religion or custom are followed all over the country. The mosaic of Indian law may have a large number of common law pieces; but marble quarried from France and Portugal, gold leaves brought from Arabia and clusters of Precious stones gleaned form Indian fields do deserve to be discarded.When India adopts a civil code, under the directive in the Constitution it is likely to be eclectic in character, it may have in it a harmonious admixture of various laws based on religion and customary laws, as well as provisions derived from western codes and the English common law. O wing to its eclectic character and especially because it would attempt to harmonise provisions of personal laws derived from religion prevalent in the region, the civil code may be found worthy of emulation in south and southeast Asia.It may thus pave the way for unification of laws, though perhaps limited geographically in extent. If in ancient days, Indian culture was permitted, without any hitch or demur, to permeate social and political institutions and life in general in this region, there is no reason why Indian legal culture cannot play a similar role in the near future as well. The Indian Prime Minister recently expressed his hope that during the next nine years, India would achieve significant progress in every field and would provide guidance and inspiration to other countries.He also stressed that India's influence had been increasing in Southeast Asia and West Asia. Even when one is not sure whether the mention of nine years has any special significance, one can hopefull y assume that if an Indian civil code is adopted soon, it may tend to guide and inspire legislators in the neighbouring states. What the Napoleonic code has done for continental Europe, the Americas, and parts of Asia and Africa, a well-framed Indian civil code may easily do for south and Southeast Asia. ***** Legal Profession and the Advocates Act, 1961 17 OUR LEGAL SYSTEM N. R. Madhava MenonThe legal system of a country is part of its social system and reflects the social, political, economic and cultural characteristics of that society. It is, therefore, difficult to understand the legal system outside the socio-cultural milieu in which it operates. It is true in the case of India also even though the legal system we now have is largely the gift of the British rulers. There is a view that the system is still alien to the majority of Indians whose legal culture is more indigenous and whose contact with the formal legal system (the imported British model) is marginal if not altoget her non-existent.The language, technicality and procedure of the inherited legal system are indeed factors which limit access to justice for the illiterate, impoverished masses of our country. Nevertheless, the rights and benefits conferred by the laws and the Constitution offer the opportunity for those very people to enjoy the fruits of a welfare democracy which the people of India have given unto themselves on the 26th January 1950. It is in this context familiarity with law and its processes becomes essential to every Indian, rich or poor, man or woman, young or old. Components of a Legal SystemA legal system consists of certain basic principles and values (largely outlined by the Constitution), a set of operational norms including rights and duties of citizens spelt out in the laws -Central, State and local, institutional structures for enforcement of the laws and a cadre of legal personnel endowed with the responsibility of administering the system. The Constitution: The Funda mental Law of the Land The Constitution of a country is variously described depending upon the nature of the policy and the aspirations of the people in a given society.It is generally a written document and assumes the character of a federal (several independent units joined together) or unitary form of government. India is declared to be a Socialist, Secular, Democratic Republic. It is said to have a quasi-federal structure. The Constitution of India represents the collective will of 700 million Indians and, as such, the reservoir of enormous power. It describes the methods by which this power conferred on the State is to be exercised for the benefit of the people.In other words, it is a political document which distributes State power amongst different organs (Central and State Governments, Legislative, Executive and Judicial wings of each Government) and regulates its exercise in its incidence on the people. The form of government is democratic and republican and the method is p arliamentary through adult franchise. The goals are spelt out in Preamble itself which seeks to secure to all citizens: â€Å"Justice, social, economic and political; Liberty of thought, expression, faith and worship; Equality of status and of opportunity, and to promote among them all. Fraternity assuring dignity of the individual and the â€Å"unity and integrity of Nation†. 18 Legal Profession and the Advocates Act, 1961 To achieve this goal of dignity of the individual with justice, liberty and equality the Constitution guarantees certain Fundamental Rights and provides for its enforcement through the High Courts and the Supreme Court. These basic Human Rights include: (a) Equality before law, (b) Equality of opportunity in matters of public employment. (c) Prohibition of discrimination on grounds of religion, sex etc. (d) Protection of life and personal liberty. e) Protection of right to freedom of speech, of assembly, of association, of movement and of profession or oc cupation. (f) Prohibition of forced labour, (g) Right to freedom of religion, (h) Protection of interest of minorities, and (i) Right to constitutional remedies for enforcement of the above rights Further, towards achieving the goals set out in the Preamble, the Constitution gives certain Directives to State to follow in its policies and programmes. Principles of State Policy have been recognized to be as sacrosanct as Fundamental Rights.In other words, they together constitute a reference for State action in every sphere. The Constitution envisages a unique place for the judiciary. Apart from overseeing the exercise of State power by the Executive and the Legislatures of the State and the Central Governments, the Supreme Court, and the High Courts are charged with the responsibility of effectively protecting citizens' rights through its writ jurisdiction. This offers a cheap and expeditious remedy to the citizen to enforce the guaranteed rights.The Supreme Court liberalized the rul es so as to enable poor and illiterate citizens to have easy access to courts for enforcing their basic rights. The Rule of Law is supreme and the independence of judiciary is reality in our country. This forms the bulwork of democracy and compels every one to abide by the law in his own interest. Constitutional government principles involved in it ought to be understood and subscribed to by every Indian if we are to succeed in our declared goals. Laws, Civil and CriminalThe laws of the country are too numerous, varied and complex; they are bound to be so because law is as large as life itself which is increasingly becoming complex in, every sphere. In a Welfare State like ours, laws are at the more so because they are expected to regulate a variety of social and economic activities so as to subserve the common good. Inspired by the Constitution, Parliament, State legislatures and local councils make and unmake the laws day in and day out as the occasion demands. Courts interpret th em in specific fact situations and, in the Legal Profession and the Advocates Act, 1961 19 rocess, extend the scope and application of the laws. The common man may get lost in the maze of legislations coming from all sides and contribute to its complexity by creating his own laws through contracts and agreements with others he has to deal with. On the basis of the remedies sought and the procedure followed, all laws can be grouped into two categories, namely, Civil Laws and Criminal Laws. Broadly speaking, criminal law is concerned with wrongs against the community as a whole, while civil law is related to the rights duties and obligations of individual members of the community between themselves.Civil Law includes a number of aspects which may be grouped under six or seven major headings such as family law, the law of property, the law of tort, the law of contract, the law relating to commerce and business, labour law, law of taxation etc. Family law, which in India has its source both on statute and religion, comprises of the laws governing marriage, divorce, maintenance, custody of children, adoption inheritance and succession. Though the Constitution envisages a Uniform Civil Code, each religious group at present follows largely its own norms in matrimonial and family relations.The law of property includes rights of ownership, transfer, mortgages, trusts, intestacy and similar matters. The law of contracts, is concerned with the enforcement of obligations arising from agreements and promises. This includes transactions such as sale of goods, loans of money, partnerships, insurance, guarantees, negotiable instruments, agency and the like. The law of torts deals with propriety of actions and infraction of duties. Injuries to person or property caused by failure to take reasonable care and caution leads to actionable wrongs under tort, which usually compensates the victim of such injuries.Laws of commerce and business, which includes contract law, relate to e conomic operations of individuals, partnerships and companies and governmental regulation of them. Even law of taxation forms part of commercial laws. Labour law deals with the relationship between employer and employees in the production and distribution of wealth. Criminal law is concerned with public wrongs or wrongs against the order and well being of the society in general. The persons guilty of such wrongs are prosecuted and punished by the State.These wrongs are specific and are defined in the Penal Code and a few other special and local laws. One important aspect in this regard is that criminal laws insist (apart from a few exceptional offences) on a particular intent or state of mind as a necessary ingredient of a criminal offence. It also recognizes degrees of criminality and gradations of crime. Ignorance of law is never taken as an excuse. Certain situations where guilty intention could not have been entertained such as infancy, insanity mistake of fact etc. they are rec ognized as defences to criminal responsibility. Offences are classified on the basis of the objective or otherwise. Thus there are crimes against the human body, property, reputation of the individual, against the State or against public rights. On a procedural basis they are classified as cognizable and non-cognizable (cognizable are those in which the police can investigate or arrest persons without judicial warrant), bailable and non-bailable, compoundable or otherwise. 20 Legal Profession and the Advocates Act, 1961Procedural Laws, Civil and Criminal Most proceedings in the Supreme Court and the High Courts are governed by Rules of Procedure made by the Courts themselves under powers given by statute. The Civil and Criminal Procedure Codes and the Evidence Act do apply to judicial proceedings in these courts as well. The writ procedure under Articles 32 and 226 is unique to these courts and is intended for the quick enforcement of Fundamental Rights whenever they are threatened by the State or its agencies.In such situations citizens can approach these courts even through a letter sent by post as the Supreme Court has declared that procedure should not be allowed to come in the way of dispensation of justice. For the enforcement of civil rights and obligations a suit before a civil court is usually instituted. The procedures for trial and appeals including execution of decrees and orders are laid down in the Code of Civil Procedure. Valuation of suits for purposes of jurisdiction is made according to the Suits Valuation Act.The amount of court fees to be paid on plaints and appeals is determined by the Court Fees Act. The Limitation Act prescribes the periods of limitation with in which suits can be filed. The Evidence Act regulates the relevancy, admissibility and probative value of evidence led in courts, civil and criminal. The trial is in the nature of adversary proceedings where two parties oppose each other in a suit or action between parties. The pr ocedure commences with ‘pleadings’, which set out the precise question in dispute or the cause of action.The opposite party (the defendant) may file a written statement to admit or deny the allegations in the plaint. The pleadings may be supplemented by the parties by making admissions of fact, answers and interrogatories, oral statements before the court and by admissions and denials of documents filed by them. The hearing of a suit commences with the serving of a copy of the plaint to the defendant. A party can appear himself in court for the hearing or make appearance through an agent or a pleader. According to the Advocates Act right to practise law before courts is given to Advocates only.In the proceedings, parties have to summon their witnesses for deposing in court. The trial involves recording of evidence of witnesses on a day-to-day basis at the conclusion of which judgment is to be pronounced in open court. Because civil proceedings are private matters, they can

Digital Fortress Chapter 41

In a linen closet on the third floor of the Alfonso XIII, a maid lay unconscious on the floor. The man with wire-rim glasses was replacing a hotel master key in her pocket. He had not sensed her scream when he struck her, but he had no way of knowing for sure-he had been deaf since he was twelve. He reached to the battery pack on his belt with a certain kind of reverence; a gift from a client, the machine had given him new life. He could now receive his contracts anywhere in the world. All communications arrived instantaneously and untraceably. He was eager as he touched the switch. His glasses flickered to life. Once again his fingers carved into the empty air and began clicking together. As always, he had recorded the names of his victims-a simple matter of searching a wallet or purse. The contacts on his fingers connected, and the letters appeared in the lens of his glasses like ghosts in the air. SUBJECT: ROCIO EVA GRANADA-TERMINATED SUBJECT: HANS HUBER-TERMINATED Three stories below David Becker paid his tab and wandered across the lobby, his half-finished drink in hand. He headed toward the hotel's open terrace for some fresh air. In and out, he mused. Things hadn't panned out quite as he expected. He had a decision to make. Should he just give up and go back to the airport? A matter of national security. He swore under his breath. So why the hell had they sent a schoolteacher? Becker moved out of sight of the bartender and dumped the remaining drink in a potted jasmine. The vodka had made him light-headed. Cheapest drunk in history, Susan often called him. After refilling the heavy crystal glass from a water fountain, Becker took a long swallow. He stretched a few times trying to shake off the light haze that had settled over him. Then he set down his glass and walked across the lobby. As he passed the elevator, the doors slid opened. There was a man inside. All Becker saw were thick wire-rim glasses. The man raised a handkerchief to blow his nose. Becker smiled politely and moved on†¦ out into the stifling Sevillian night.

The Story of Baseball Player Michael When He Gets Injured and Loses Essay

The Story of Baseball Player Michael When He Gets Injured and Loses Sight - Essay Example Despite all Michael's fame and fortune, Michael feels incredibly lonely at times. His father, Phil, is virtually never around home because he spends a large part of the year traveling around the world as a symphony orchestra conductor. Up until now, Phil has been able to make up for his long absences with expensive gifts from the four ends of the earth. On the other hand, Michael’s mother, Sarah, is completely the opposite type of character; she is very weak physically as a result of a recent stroke. As such, Sarah cannot travel as much as Phil does. Despite her limitations, Sarah is a strong-willed woman who tries her best to keep Michael in check. Because of their close proximity to each other, Michael and his mother have a close yet sometimes fractured relationship. To make up for her lack of mobility, Sarah has made use of Julia, who works as a servant around the family home. Life for Michael couldn’t be better when tragedy strikes – he suffers a facial injur y during a baseball game that could result in the loss of sight in both or one of his eyes. At first, Michael does not know what to think. Ever since he was a young child, his goal was to become a professional in one of the bigger leagues. If he cannot recover from this injury, his lifelong dream may be in jeopardy. After flying to a specialist eye hospital many hours away, the doctor examines Michael and then informs him of some depressing news – Michael has suffered massive internal bleeding that has the potential to threaten his long-term eyesight. However, there is one small ray of hope that Michael clings onto for dear life. It might be possible for him to have an operation to regain his eyesight, but only after his internal bleeding is cured. This is a process that may take up to two years and is a long shot at best.  

Human Growth and development assignment 8 Essay

Human Growth and development assignment 8 - Essay Example Thus, social bonding is of paramount significance for infants to develop trust. The interaction of the infant’s temperament with the experiences in the immediate environment influences the personality development. Hence, the quality of interaction between the infants and caregivers plays a critical role in influencing personality development during infancy. Fundamentally, infants are self-centered, and their primary concern is to satisfy their physical desires. For instance, hunger is a primary concern for infants. The preschool children have patterns of psychosocial, social, and moral development. Notably, the preschool children tend to assert their control, as well as, power over the world by directing social interactions. For instance, the children take charge of their play. Similarly, the successful children in the preschool years feel they have the capacity to lead the others. In contrast, the unsuccessful children display a sense of self-doubt, guilt, and lack of initiatives. Socially, the preschool children will create friends and depart from the side-to-side play with their caregivers. The relationship between the preschool children and immediate people influences the social development (Mahmud, 2013). For example, the children will drift towards particular children and form strong relationships with them. At this stage, the children learn to cooperate with friends while playing and sharing things such as toys. Morally, the children will display empathy (Shaffer & Kipp, 2013). The chil d transits from self-centeredness to embrace empathy. Hence, the child exhibits a sense of consideration. The preschoolers become aware of what is wrong and right. The infancy and preschool phases have similarities, as well as, differences. Notably, the parent-child relationship influences social development during infancy and preschool years. The

Start a SME use SWOT and Pestle to analysis how it will benifit Essay

Start a SME use SWOT and Pestle to analysis how it will benifit Simventure - Essay Example The mission statement of the company would be â€Å"Best computing solutions in most affordable ways†. In order to achieve this mission, the company has established a vision that specifies the way in which it can act both incrementally and opportunistically. This will aim at providing cheapest products at the best affordable prices. The values that have been devised for the company are as follows: From 1980s, industrialized countries of the world had taken up extensive R&D programs in their computing industry to improve efficiency of this sector and in this regard, U.K. was no exception (Impagliazzo, Lundin and Wangler, 2011). Internationalization of research had largely depended on political factors. It had been observed that, in Britain, the public policy was largely based on privatization and liberalization and R&D in the computing industry there was based on competition (Santangelo, 2002). This means that Jingo can carry out its operations without any public intervention and develop in a competitive manner. In U.K., the technology sector is under a competitive tax regime and is supported by a great infrastructure, which will propel the growth of firms in this sector. This, therefore, will be beneficial for Jingo. The government in U.K. has been actively trying to stimulate its technology sector by three main ways: The inflation rate of U.K. had been recorded to be 2% in December 2013, which indicates that the economy is slowly recovering from recession (Trading Economics, 2014a). The GDP per capita of the country has been recorded at 37849.57 US dollars in 2012 (Trading Economics, 2014b). In the past few years, there has been a steady growth in demand of computer and related products in workplaces, with rise in social and educational status of people. The biggest strength for the company will be the supportive attitude of the government and favourable

Relationship between the oil in middle east and war in Afghanistan and Research Paper

Relationship between the oil in middle east and war in Afghanistan and Irag - Research Paper Example This has made studying personality important to ensure a productive workforce. Motivation theory is the other that has gained huge popularity due to its nature of addressing motivation needs in an organization so as to ensure success. A motivated workforce results in high productivity and creativity. This paper will elaborate these issues while offering an example of Google Inc. to explain the importance of employee motivation. According to Cole (2003) management is an area that has been studied for quite some time now with many theories coming up over the years. On the other hand management has been practiced with experimentation of the various theories developed. Management on a rather general term concentrates on organizing people’s efforts and available resources in order to achieve organizational goals while benefiting other stakeholders in the process. Achievement of goals and objectives of an organization requires the management to perform certain functions; organizing, planning, controlling and directing according to Cole (2003). In doing so the management must ensure that employees are duly motivated in order to harness their individual efforts towards fulfilling desired results. These factors form the practical aspect of management. Management theory on the other hand is a body of knowledge that aims at addressing problems in management. Planning is quite broad as it is involves formulation of both short terms and long term goals and objectives and formulating how they are to be achieved. Organizing involves developing an organizational structure where people will have tasks to perform and under a well laid out hierarchy of control. This structure is supposed to coordinate all the tasks and responsibilities. This will in turn require a team of highly motivated employees to achieve set goals. Directing involves influencing employees’ behavior by motivating them through appropriate

McGregor's Theories and Maslow's Hierarchy of Needs Essay

McGregor's Theories and Maslow's Hierarchy of Needs - Essay Example The same principle is valid for non-business organisations: their success also depends on the management's ability to effectively implement the right solutions to improve motivation and enhance performance of employees. Improving the effectiveness of marine management has recently turned into one of the most intensively debated topic in the UK. The debate mainly covers strategic issues concerning the effectiveness of the management of the marine environment to maximize sustainable benefits from our marine resources while ensuring proper protection. The effectiveness of marine management also depends greatly on the different values, expectations and other essential factors that people bring to their involvement with the sea. The statutory and institutional practices that apply to modern marine management in the UK and the relationship between government and community represent another aspect of the debate. Involvement of many overlapping and sometimes conflicting agencies, processes, legislations, and other factors has forced the Government to propose introducing a Marine Management Organisation (MMO) to act as the key force for the integrated management of marine resources. Evidently, creation of such organisation is associated with numerous difficulties associated with legislation, planning, coordination, licensing, and many others. Unfortunately, these serious difficulties should not overshadow another very important aspect of such organisation's functioning, namely effective management of human resources. The field of HRM is exceptionally complex and multilateral due to highly specific unpredictable nature of human being. As a result, there are many different theories and views on the nature, methods, and techniques of management found in the existing organisational literature. Although the type of organisation proposed by the Government is absolutely new the applicability of universal HRM concepts and theories to managing people even in such a specific organisation can hardly be questioned. However, the choice of correct practices from the general pool is the key factor to make the HRM element contribute effectively to the overall effectiveness and sustainability of the new organisation. Since the emergence of organizational science in the late XIX - early XX century, the scholars have been sharing two dominant views on organizational culture. Apologists of one paradigm led by Frederick Taylor and Harrington Emerson (School of Scientific Management) believed that organizational culture was just one of the tools to ensure greater control over employees. Representatives of another approach such as Elton Mayo, Abraham Maslow, and Douglas McGregor (Human relations school) postulated that organizational culture was supposed to develop and motivate the employees without excessively rigid control (Schultz, 2002). Which of these approaches better fits the specifics of modern marine management is a very interesting question. Main Body Abraham Maslow is one of the brightest representatives of humanistic

Leadership in Teaching Research Paper Example | Topics and Well Written Essays - 1250 words

Leadership in Teaching - Research Paper Example Teaching as a profession requires specific traits in order for a teacher to be effective in achieving for students academic success. There are numerous theories that explore this theme. For instance, Sharick (2007) argued that teachers should have social traits in order to be able to communicate effectively with the students.A â€Å"social† teacher in this theory is one that could display dominant characteristics like that of being enterprising, investigative and a capacity for empathy, among others. The idea is that the relationship between a teacher and the students complement the transfer of knowledge. The concept of leadership, though not a prominent element in this model as suggested by the researcher, can also be considered a social trait. It plays an important role in the way students learn from instruction and classroom interaction because it underpins the efficacy of the social interaction. It takes advantage of the relationship in order to have an authoritative proce ss by which knowledge is imparted and received. Simply put, leadership provides the framework by which a teacher could control the teaching process successfully. Leadership and Best Practice in Teaching Leadership is increasingly becoming a byword in the literature on current best practices in teaching and educational improvement. York-Barr and Duke explained that this is because it is aligned with the notion of individual empowerment and localization of management (p. 255). In this respect, teachers are sought to be empowered and have greater degree of control, with an expanded role in the classroom instruction. This has been the trend in the United States since the 1980s, when leadership came to be considered as an integral component of teacher professionalism (York-Barr and Duke, p. 256). The educational reform aimed to replace the traditional framework of the technical model, which emphasized the transfer of knowledge through systematic inquiry. The new goal is to focus and rely on the teachers’ capability, knowledge and judgment. Leadership figures prominently in this aspect because it allows the teachers to exercise and implement academic decisions, in addition to helping lead pursue educational initiatives. The study conducted by Camburn, Rowan and Taylor in 2003, which evaluated the efficacy of the educational reform found that academic progress was, in fact, achieved in the process. Particularly, the study revealed that those educational reforms that integrated leadership components such as the distributive leadership schemes led to positive outcomes both in the capabilities of the teacher and the students’ academic performance (p. 367). There are numerous studies that reflect these findings. A case in point is that by Ross and Gray (2006), which found that schools with higher levels of transformational leadership had higher collective teacher efficacy, greater teacher commitment to school mission, school community, school-community part nerships, and higher student achievement (p. 798). Also, Copland (2003), in his study of the Bay Area School Reform Collaborative program, found that leadership works well with inquiry-based approach, with distributive leadership playing an important role in implementing inquiry-based practice and collective decision-making at school (p. 375). The empirical evidences that support how leadership contributes to positive student learning outcome are not that surprising. Aside from the quantified direct and positive leadership impact represented by effective cognitive learning outcomes, there is also the deeper socio-psychological discourse that covers education and learning. Here, leadership is critical because it plays an important part in the transformation of behaviors. Encouraging Leaders, Imparting Values According to LeComte (1978), going to school is a socialization process wherein teachers transmit skills, aspirations, norms and behavioral patterns which assist in the assumptio n of roles (p. 22). This is demonstrated in observing the classroom

The Wayne Williams Case Study Example | Topics and Well Written Essays - 750 words

The Wayne Williams - Case Study Example Early fiber evidence collected showed 2 types of fibers present at the crime scene; "a violet-colored acetate fiber and a coarse yellow-green nylon fiber with the type of tri-lobed qualities associated with carpets". The yellow-green carpet fiber that was found on the body of Cater was later compared and analyzed alongside a similar looking yellow-green carpet that was found at the home of Williams. He used the carpet to cover the floor of his home. The carpet, thanks to the cooperation of the manufacturer DuPont, was traced down to the company that manufactured the fiber known as Wellman 181B, a common carpet that was commercially sold by the manufacturer. Due to the high volume of carpet sales, connecting the yellow-green carpet to Williams and the murder became a game of odds. The importance of connecting the fiber to him became even more imperative when the dog that Williams owned showed up on the body of other murder victims as part of trace fibers (Ramsland, K., â€Å"Fibers a nd Probability Theory†). In an effort to create a convincing case, the prosecution decided to include a 2nd victim in the Williams murder trial. That of Jimmy Ray Payne who had trace fibers similar to those found in Williams' car, a single rayon fiber that was consistent with the carpeting in Williams' station wagon. Chevrolet, the car manufacturer informed investigators that there was a; â€Å"1 in 3,828 chance that Payne had acquired the fiber via random contact with a car that had this carpeting installed.†... The importance of connecting the fiber to him became even more imperative when the dog that Williams owned showed up on the body of other murder victims as part of trace fibers (Ramsland, K., â€Å"Fibers and Probability Theory†). In an effort to create a convincing case, the prosecution decided to include a 2nd victim in the Williams murder trial. That of Jimmy Ray Payne who had trace fibers similar to those found in Williams' car, a single rayon fiber that was consistent with the carpeting in Williams' station wagon. Chevrolet, the car manufacturer informed investigators that there was a; â€Å"1 in 3,828 chance that Payne had acquired the fiber via random contact with a car that had this carpeting installed.† (Ramsland, K., â€Å"Fibers and Probability Theory†). By introducing trace fibers from the 10 other murders that held similarities to the fiber collected from the home and car of Williams, the prosecution was effectively allowed to build its case by the G eorgia courts. The investigation of the Williams serial murders came down to a numbers game simply because of the trace evidence found at the scene of the crime for each victim. Every time a comparison was done, there was a similarity either with the car or home carpet fiber of Williams. During that era of early forensic investigation, these similarities were considered damning evidence that in theory, proved who committed the crime. When combined with the fact that the prosecution successfully connected 28 fiber types to Williams, along with testimony from witnesses who swore that they had actually seen him with each of the murder victims, the fact that Williams failed his polygraph test 3 times, and the suspicious injuries that were

Group Incentives Paper Essay Example for Free

Group Incentives Paper Essay Working on teams has been a part of many of the organizations I have been a part of however the majority of the time it isn’t easy to apply team concepts to each scenario. Throughout my life I have played sports, been a part of search and rescue organizations, the military, learning teams and other volunteer organizations such as the sheriff’s department. In the Army we work in teams within each department for an individual unit all providing support for the unit and units under our unit. It is the ability for the team to work with a cohesiveness and pull together each other’s personal strengths to accomplish the teams overall objectives. As a team, design two incentives created specifically for your team’s dynamics. In the unit I work in I am a part of an Operations section which is the heart and soul of the unit. Within the section each soldier is responsible for an individual area of tasking that contributes to the overall success of the unit. There is an Officer, a Non-Commissioned Officer (enlisted similar to a team manager), his assistant who serves more of an immediate supervisor and then each team member. Although we are all work in different positions performing not only different tasks but different jobs altogether; yet we all have to learn and understand each other’s primary positions so that if one team member is unable to work then what other team member is available is capable of stepping in to cover that position and meet those objectives. As an immediate supervisor I am responsible for ensuring that all goals or objectives are being met by the required timelines in order for the team to succeed. I bring to the team knowledge, experience, confidence, and leadership which are my strengths. Using the list of group roles identified by Kenneth Benne and Paul Sheats(Wynn, 2012) I fall in the category of coordinator; because of the team dynamics the members aren’t necessarily junior in position or rank which means they are self motivators as well as have their own unique skill sets and experience levels that they bring to the team. Therefore I have found that the leadership style that I bring as a coordinator pulling together knowledge, ideas and resources from the other members of the team and utilizing them is far more effective. My ability to coordinate versus using a typical management style of strictly delegating tasks and checking the status for completion benefits the team since it avoids confrontation and dissention between the members as myself. Recognizing and showing that the knowledge and skills that each person contributes is valued by utilizing individual strengths creates a balance and synergy in the team allowing the team to easily see how their contributions affect the team’s success. Since we were deployed overseas for combat operations throughout the training period and the course of the year more junior soldiers as well as peers were able to learn from my previous combat experience and the knowledge I have gained as well as encouraging others to share their unique skills as knowledge has fostered an environment that encourages sharing versus focusing more narrowly on one person alone. Negative Effects of Individual Strengths There have been times that it isn’t always beneficial to simply coordinate a tasking or try to go with the flow to avoid conflict. A high performance team that has a cumulative amount of skills and knowledge from a diverse background must at times be directed and have tasks delegated when there is conflict or a lack of cooperation between members of the team. The drawback of a team being together for long periods of time is that as it moves through all of the stages eventually it has to break up and members of the team move to other teams and projects. Within this scenario a team not only works together, eats together, lives together and exercises together with very little time to break away from the team and therefore with have a higher level of stress compounded by separation from many other norms as well as the overall austere working conditions. During situations such as this it is not always beneficial to stay with one leadership or management style instead you have to le arn to adapt to the groups culture at the time and change as it changes. Room for Improvement One skill that I lack in is in a different scenario working with a learning team I have found that since the time frame for the team to move through each phase is so short and suspense times are equally so I tend to fail to become engaged earlier enough on in the process. The teams are formed at the end of the first week but not engaging until well into the end of the second week but only for a short time as the requirement for the team to perform isn’t until well into the third week I am still working mainly as an individual and failing to engage the team as early as possible. Another skill I need to work on is communication in respect to problem-solving; In this area with such as short time for a team to form, storm, norm and accomplish its objectives it is important for the team to communicate effectively any problems they are having either individually or as a team as quickly as possible to allow them to pull together resources utilizing the teams strengths to solve the pr oblem. Although I work on teams in the military often times I have been taught and needed to be capable of operating independently using personal knowledge and experience to work through a problem in isolated environments. Because of that I find that I will find myself doing so trying to struggle to work through a problem on my own instead of engaging my team, taking the time to learn and get to understand each member to allow them to come together utilizing their strengths. This process is much more effective and will tend to find solutions to a problem much more quickly. Problem solving techniques One technique I use to work through problems is a speaker- listener technique causes me to work to not simply hear but to listen to the problem to understand what the true problem is isolating it from non essential information that can cause someone to become derailed from the core issue while attempting to solve other problems that are simply effects not the cause. Another problem solving technique that I could use would be establishing a structured forum working to communicate a problem with a group or team communicating effectively and in a timely manner not letting time elapse before utilizing this method. Ultimately this would pull more resources allowing for more creative ideas that are more than one dimensional and would work to foster a more cohesive team learning environment. References McClelland, D. (1961). Methods of Measuring Human Motivation. Princeton, N.J.: Van Nostrand.

Lady Macbeth is one of the most striking characters in the play Essay Example for Free

Lady Macbeth is one of the most striking characters in the play Essay Lady Macbeth is one of the most striking characters in the play. What are your feelings toward this character and how do they change as the play progresses? What makes Lady Macbeth so striking in her first few scenes is her manipulative, vindictive nature. She is a very controlling character yet we see her troubled mind reveal itself as the play progresses. Her most famous scene, Act 5 scene 1, allows the audience to see how she has truly been affected by the murders in which she had been involved. She is sleep walking and revealing unconsciously her emotions toward the untimely deaths of King Duncan, Banquo and the Macduff household. I have little sympathy for this character because if it were not for her driving Macbeth to the murder of Duncan, he most probably would not have become so obsessed with his infatuation of becoming king. As we see in Act 1 scene 5 she is extremely ambitious about the prospect of Macbeths power increasing. She talks of murder without an ounce of guilt and merely worries over her husband being too gentle to actually commit the execution of the king. She refers to him being too full othemilk of human kindness and states that he is in fact without ambition and so would not carry out the deed properly. Her personality could, however, be extremely ambitious regardless of the state of power that her husband is in, the situation could have brought out the most of her desire. In each of her scenes we see a new side to her personality. During Act 1 scene 5 we see her praying to evil spirits in her soliloquy for her to become more masculine and evil, with any feminine attributes and natures to be stripped from her, implying that she also may need a little push to make her ambitious enough to commit the murders. This also suggests to the audience that her conscious would probably not let her commit those crimes alone. She asks the evil spirits to Come to my womans breasts/And take my milk for gall, you murdering ministers. However, when Macbeth arrives home, he refers to her as my dearest love she then immediately sets about manipulating him and goading him into the murder. When she learns of Duncan coming to dinner, she administrates ideas of looking above suspicion. She tells him look like thinnocent flower/But be the serpent undert. Shakespeare uses very expressive language here with contrasting imagery of a flower (which represents good) and a serpent (which represents evil). This could also be interpreted as a metaphor for Macbeths relationship with his wife in that when Lady Macbeth is plotting murderous schemes and manipulating her husband, Macbeth is presented in a good and vulnerable light. The same applies for when Macbeth decides to take the murders further and the audience gains sympathy for his wife. Macbeth is left with little to say and is interrupted by his wife on several occasions in that scene, providing the audience with a clear insight into Shakespeares intentions for the hierarchy within the relationship. That hierarchy being where Macbeth is more or less controlled by what Lady Macbeth tells him to do, almost like a spell of her own. This provides strong evidence for those who believe that Lady Macbeth herself is a witch of some kind. In Act 1 scene 6 Duncan arrives at Macbeths castle with other various guests and originally comments on the pleasant air that it gives off, referring to it as Nimbly and sweet. This presents the audience with a dose of dramatic irony as they know that what really lies inside the castle itself is as evil and twisted as its inhabitants. He also refers to Lady Macbeth as Our honoured hostess.- The love/That follows us sometime is our trouble. The problem with Lady Macbeth in this scene is that she is elaborately polite and good natured that it could easily appear to be insincere. She tells Duncan that she has checked and double checked that everything is sufficiently in order. She tells him she will pray for him constantly and speaks of loyalty and gratitude for past kind deeds. Shakespeare is rather repetitive when it comes to Lady Macbeths lines, she speaks continuously of her homage to him and the effort they are making for him. This is in an obvious bid for her to gain their trust and it does indeed work. Duncan reacts graciously towards this most probably due to his age and gratitude for the effort made. Act 1 scene 7 sees Lady Macbeth belittling her husband in an attempt for him to agree whole heartedly to killing the king of Scotland. She uses foul phrases with appalling imagery such as telling Macbeth that while she was breast feeding her baby she would: while it was smiling in my face/Have plucked my nipple from his boneless gums/And dashed the brains out, had I so sworn. She tries to come over as very menacing and heartless at this point in the play, making a point of the fact that if she had promised to kill her own child she would do so, however, after the murder of Duncan, she contradicts herself rather strongly as she comments on being able to kill her father. In Act 2 scene 2, Macbeth returns from killing the king to discuss the event with his wife. Shakespeare uses this as an opportunity for the audience to feel sympathy as we see his grief and guilt. We also get to see a very new side to Lady Macbeth, she admits that if he had not looked like her own father she would have done the deed herself, showing that underneath her hard exterior, there are elements of compassion and guilt that though she expresses little, she still feels them just like any other human being. The audience then sees her snap out of her sensitive phase and channel her emotions into reassuring and controlling her husband. She tells him to dismiss his hallucinations about the dagger and to return them to frame the guards who were guarding Duncans room. These deeds must not be thought/After these ways; so, it will make us mad. The audience could consider this as foreshadowing of what occurs as the play progresses as both Lady Macbeth and her husband experience mental disturbances because of the horrific crimes they committed. Hands are used as a metaphor throughout this scene and as an extended metaphor throughout the play. Macbeth refers to his as hangmans hands and uses phrases such as ravelled sleeve of care, whereas Lady Macbeth is far more literal and tells him to wash this filthy witness from your hand. This could be interpreted as the hands representing guilt and so each character handles the guilt in different ways; Macbeth is very open about his guilt and remorse by using dramatic devices such as personification and metaphors, for example: Glamis hath murdered sleep, and therefore Cawdor/Shall sleep no more: Macbeth shall sleep no more. Lady Macbeth, however, deals with her culpability in a different way in that she pretends to feel nothing towards the situation but it obviously haunts her as we see in her final scene in Act 5 scene 1 where she sleep walks and hallucinates. Shakespeare illustrates this well when Lady Macbeth mocks Macbeth for being so gentle: My hands are of your colour, but I shame/To wear a heart so white. She also says rather flippantly, A little water clears us of this deed./How easy is it then! Your constancy/Hath left you unattended. Shakespeares intention for this scene, I think, was to show us that there is a sensitive, guilty side underneath her shell of ambition and malevolence. Act 2 scene 3 sees Macduff discovering Duncans murder with great astonishment. He alerts the whole castle including Banquo, Malcolm and Donaldbain of the kings death and so Lady Macbeth enters. She acts very much like thinnocent flower by pretending to be oblivious to what had happened in the previous scene, Whats the business/That such a hideous trumpet calls to parley/The sleepers of the house? Then with immense dramatic irony, Macduff replies calling her gentle lady and commenting on the fact that the talk of murderous deeds is too tender for a womans ears. The audience would find this somewhat amusing as they know that Lady Macbeth is solely responsible for the murder of Duncan and so would not in any way find the subject too sensitive or painful. She reacts in a way similar to that when she was attending to Duncan in Act 1 scene 6, where she is very elaborate in her efforts to help, creating a suspiciously false air about her. She then dramatically faints and is carried out, she is lucky that the people around her are so affected by the murder that they do not overtly notice her over the top antics. Lady Macbeth experiences a loss of power and control in Act 3 scene 2, where Macbeth arranges his next murder without her involvement. Shakespeare has her character showing compassion to her husbands sorriest fancies when he complains of insecurity about his dangerous thoughts and deeds. She tries to make him forget what has happened by instructing him: Using those thoughts which should indeed have died/With them think on? Things without all remedy/Should be without regard; whats done, is done. The audience at this moment does not know that Lady Macbeth doesnt practice these ideas herself and in fact reveals her guilt subconsciously. My feelings toward Lady Macbeth at this time are cold and my sympathy leans toward Macbeth as we see him feeling very remorseful and suicidal. He mentions, Better be with the dead/Whom we, to gain our peace, have sent to peace,/Than on the torture of the mind to lie/In restless ecstasy. However as we see a new side to Macbeth where he is plotting murders without her it does make me wonder would he have killed Duncan without her influence? Lady Macbeth presents herself as the gracious hostess once more as she invites the lords to dinner in Act 3 scene 4. At the beginning of the scene the audience is presented with the news of Banquos slaughter. Lady Macbeth suspects this but is not directly informed as her husband has somewhat distanced himself from her, implying that he does not need her influences for villainous thoughts any more, he can do it all by himself now. This scene manages to arouse some sympathy for Lady Macbeth as we see her power lessening downfall. This could be what ultimately leads to her suspected suicide. The audience gets to understand that Shakespeare did not want to present Lady Macbeth as a character who takes pleasure in the sight of bloodshed and gore, but one who craves power and enforces her ambitions upon those she can manipulate. We also see a role reversal here for the second time in the play. She already has upset the natural order of marital hierarchy from the beginning of the play where she presents herself in the dominant role which was extremely uncommon for that period. Then as the play progresses she becomes part of a downward spiral where she loses power and the status within the marriage as she becomes the more recessive figure next to her now dominant husband. The ghost of Banquo makes an appearance at the dinner table in this scene but of course only Macbeth can see (another one of his deluded hallucinations). He becomes extremely unsettled by this and begins to shout at the ghost with a fiery passion that stuns the rest of his guests. Thou canst not say I did it; never shake/Thy gory locks at me! Ross initiates the lords standing up and leaving their new king in peace to rest and collect himself but Lady Macbeth being thinnocent flower that she pretends to be assures the lords that he is fine and is just unwell. The audience feel some sort of consideration for her as we can see her husbands mental health deteriorates and her power disintegrate. She snaps at Macbeth Are you a man? as she quite obviously feels utterly embarrassed by his reactions to the ghost. She tries to use this as an opportunity to regain her status above Macbeth which is understandable as she feels defeated but is selfish considering her husbands state. In the most dramatic scene in Lady Macbeths presence on stage, the audience is given the opportunity to see the REAL Lady Macbeth as her subconscious takes over her physical state. At the beginning of her last scene, Act 5 scene 1, the doctor and gentlewoman are analysing her recent behaviour, She has light by her continually, tis her command. As light is a common metaphor for purity this insinuates that she doesnt want to be considered evil and wants to redeem herself but cant because she is too involved to dig herself out now and so her subconscious speaks the words she cannot. Out damned spot! Out, I say! One, two. Why then tis time to dot. Hell is murky. Fie, my lord, fie, a soldier, and afeard? What need we fear? Who knows it, when none can call our power to account? Yet who would have thought the old man to have had so much blood in him? This is one of the most remembered speeches in Shakespeares literature and is so because of its quirky formation. Shakespeare has used very disjointed language with punctuation separating every short phrase. This translates to her being very edgy and emotionally unstable. She then reels off a list of other people for which she feels responsible for their deaths as well as her husband. She refers back to the common theme of hands which has occurred throughout the play. What, will these hands neer be clean? All the perfumes of Arabia will not sweeten this little hand. O, O, O. She still refers to her hands as being little and the need for them to be sweetened and so this indicates the want for her to be filled with good and that she is feeling genuine guilt and mental anguish. This anguish finally leads to her suicide by unspecified means. Shakespeare probably chose not to present the death of Lady Macbeth on stage to add to the impact of her exit and last scene and also to be slightly ambiguous. I think a dying scene would have been effective for Lady Macbeths last scene, she could perhaps have given a soliloquy explaining how she truly was feeling. To conclude, it is evident that Shakespeare had Lady Macbeths emotional state disintegrate as the play proceeded to in effect show the downfall of a control freak. It is undecided whether or not she is pretending to be the controlling evil person which her persona appears to be but that is in a way irrelevant as it was certainly influential enough to drive her husband to multiple homicides. She was certainly a brave character for going against the Chain of Being in which God was considered to be ultimately at the top with monarchs under that and other members of society such as lords and townsfolk following after, but at the bottom were women and so she was courageous to consider herself to be above even monarchy! Though wrong it is admirable, especially considering what was said if the chain of being was to be disrupted, that chaos would arise, disrupting the natural order of life on earth and in the heavens which is seen as inexcusable. I personally think that Lady Macbeth was blamed for a lot that wasnt entirely her fault. It is implied that because Macbeth ended Banquos life and slaughtered Macduffs wife and children in a desperate bid for the throne, he was emotionally capable of murdering Duncan all by himself. In the first two acts we have little sympathy for Lady Macbeth as Shakespeare only provides the audience with her vindictive exterior, at this time we cannot see what she is truly thinking and feeling. It is only as the play progresses that we understand WHY she turns out to be the way that she is, that she has a very ambitious character and so enforces that upon her husband. She feels that Macbeth becoming king will benefit them both and sees killing the existing king as the fastest way to get to the throne. She then becomes gradually defeated as Macbeths ambition and obsession with becoming king begins to soar and spiral. She is then over-ridden with guilt and eventually feels that she cannot bear the guilt that torments her troubled mind and so decides to end it all.