Saturday, November 30, 2019
Johann Sebastian Bach Essays (815 words) - Music, Classical Music
Johann Sebastian Bach Johann Sebastian Bach was one of the greatest composers in Western musical history. More than 1,000 of his compositions survive. Some examples are the Art of Fugue, Brandenburg Concerti, the Goldberg Variations for Harpsichord, the Mass in B-Minor, the motets, the Easter and Christmas oratorios, Toccata in F Major, French Suite No 5, Fugue in G Major, Fugue in G Minor ("The Great"), St. Matthew Passion, and Jesu Der Du Meine Seele. He came from a family of musicians. There were over 53 musicians in his family over a period of 300 years. Johann Sebastian Bach was born in Eisenach, Germany on March 21, 1685. His father, Johann Ambrosius Bach, was a talented violinist, and taught his son the basic skills for string playing; another relation, the organist at Eisenach's most important church, instructed the young boy on the organ. In 1695 his parents died and he was only 10 years old. He went to go stay with his older brother, Johann Christoph, who was a professional organist at Ohrdruf. Johann Christoph was a professional organist, and continued his younger brother's education on that instrument, as well as on the harpsichord. After several years in this arrangement, Johann Sebastian won a scholarship to study in Luneberg, Northern Germany, and so left his brother's tutelage. A master of several instruments while still in his teens, Johann Sebastian first found employment at the age of 18 as a "lackey and violinist" in a court orchestra in Weimar; soon after, he took the job of organist at a church in Arnstadt. Here, as in later posts, his perfectionist tendencies and high expectations of other musicians - for example, the church choir - rubbed his colleagues the wrong way, and he was embroiled in a number of hot disputes during his short tenure. In 1707, at the age of 22, Bach became fed up with the lousy musical ezdards of Arnstadt (and the working conditions) and moved on to another organist job, this time at the St. Blasius Church in Muhlhausen. The same year, he married his cousin Maria Barbara Bach. Again caught up in a running conflict between factions of his church, Bach fled to Weimar after one year in Muhlhausen. In Weimar, he assumed the post of organist and concertmaster in the ducal chapel. He remained in Weimar for nine years, and there he composed his first wave of major works, including organ showpieces and cantatas. By this stage in his life, Bach had developed a reputation as a brilliant, if somewhat inflexible, musical talent. His proficiency on the organ was unequaled in Europe - in fact, he toured regularly as a solo virtuoso - and his growing mastery of compositional forms, like the fugue and the canon, was already attracting interest from the musical establishment - which, in his day, was the Lutheran church. But, like many individuals of uncommon talent, he was never very good at playing the political game, and therefore suffered periodic setbacks in his career. He was passed over for a major position - which was Kapellmeister (Chorus Master) of Weimar - in 1716; partly in reaction to this snub, he left Weimar the following year to take a job as court conductor in Anhalt-Cothen. There, he slowed his output of church cantatas, and instead concentrated on instrumental music - the Cothen period produced, among other masterpieces, the Brandenburg Concerti. While at Cothen, Bach's wife, Maria Barbara, died. Bach remarried soon after - to Anna Magdalena - and forged ahead with his work. He also forged ahead in the child-rearing department, producing 13 children with his new wife - six of whom survived childhood - to add to the four children he had raised with Maria Barbara. Several of these children would become fine composers in their own right - particularly three sons: Wilhelm Friedmann, Carl Philipp Emanuel and Johann Christian. After conducting and composing for the court orchestra at Cothen for seven years, Bach was offered the highly prestigious post of cantor (music director) of St. Thomas' Church in Leipzig - after it had been turned down by two other composers. The job was a demanding one; he had to compose cantatas for the St. Thomas and St. Nicholas churches, conduct the choirs,
Tuesday, November 26, 2019
ââ¬ÅIm a huge fan of self-publishingââ¬Â â⬠By Lit. Agent David Fugate
ââ¬Å"Im a huge fan of self-publishingâ⬠- By Lit. Agent David Fugate ââ¬Å"I'm a huge fan of self-publishingâ⬠- An interview with literary agent David Fugate You know we like to bring you some of publishing's most forward-thinking voices here on the Reedsy blog. This interview is one we've been meaning to do for a while, so you won't be disappointedâ⬠¦Ã David Fugate is the founder ofà LaunchBooksà Literary Agency. He had worked as a literary agent for 20 years before setting it up, andà now represents renowned authors such as Andy Weir (author of The Martian), Scott Berkun (previously interviewed on this blog), or Chris Guillebeau.à He has successfully represented a wide range of fiction and nonfiction projects to more than 40 different publishers that have generated in excess of $20 Million for their authors.If youââ¬â¢re still unsure of what an agent can do for you and whether theyââ¬â¢re compatible with self-publishing; or if youââ¬â¢re just curious about the current publishing landscape, this is a must-read.Hi David. Weââ¬â¢re honored to have you on the Reedsy blog today. You have started your own agencyà b ecause "you knew exactly what kind of books you wanted to work on". What's been the biggest challenge in "starting from scratch"?Thanks very much for having me. This August will actually make it 10 years since I founded LaunchBooks and so many incredible things have happened in that time that it almost feels like anything before LaunchBooks was another lifetime at this point.There were plenty of challenges in the beginning, though. When I left my previous agency to found LaunchBooks in 2006, I left with nothing. The way that agency was set up, the authors were technically clients of the agency, not my clients. That meant when I left I had no residual income, no clients, and no guarantee that any of my clients would want to come with me to LaunchBooks.I also left with the plan to radically change my focus from what had predominantly been computer and technology titles to a much broader range of trade nonfiction and eventually fiction. That meant some clients who did want to come with me wouldn't be a fit for what I was trying to do at LaunchBooks, which was as tough personally as it was professionally.The goal was to focus only on projects I found personally compelling. My thinking was that with no one looking over my shoulder at quarterly numbers, I'd take on what I loved and let the chips fall where they may. If it worked, great, and we succeeded together. If it failed, then my author and I both failed working on something we really cared about. "The goal was to focus only on projects I found personally compelling." @LaunchBooks Of course, all of that meant I had to really hit the ground running to find new authors and projects to represent. And since publishing money can be slow money, that meant lighting a lot of money on fire that first year while I started developing projects and getting things going. That part was thrilling, but also scary.Luckily for me, things have worked out better than I could've imagined back then and after what will now be ten years of consecutive growth, my only regret in founding LaunchBooks is that I didn't do it sooner. I really love what I do and I've been fortunate to work with some truly incredible authors.When you first approached Andy Weir about the Martian, he told you he didn't need an agent. What did you do to change his mind?I'd like to say that I made some kind of grand, persuasive argument, but it was simple, really. I told Andy it wouldn't cost him anything to let me give it a shot. I don't make any money until my author gets paid and I made it clear that if he was n't blown away by whatever deal I brought to him, he could pass and continue self-publishing the book. It's hard to beat zero risk and free.I also don't think Andy had a real sense of the kind of deal (and publisher) I was talking about, so when Julian Pavia over at Random House was as excited about the book as I thought he'd be, and when I presented the terms to Andy, he was thrilled to take it. Thankfully, I think everyone is happy that he did (even Matt Damon and Ridley Scott).You have been one of the first agents to embrace self-publishing as a valid publishing option for authors. The first ever author you represented, Ingrid Croce, has actually been successfully self-publishing since she got the rights back to her book. Now, for LaunchBooks you consider proposals from authors who are self-published and are looking for print and/or foreign rights deals?I'm a huge fan of self-publishing (in all its myriad forms) and what it has done for both authors and readers. I think it's amaz ing that it's no longer a question of if your work will be published, but how. I also find it tremendously gratifying to know that if what you're doing is good, you absolutely will have an opportunity to find an audience for it. It just feels like a much more hopeful, positive environment in which to be a writer. In fact, I often tell writers that now is the best time, in the entire history of the written word, to be a writer. "Now is the best time, in the entire history of the written word, to be a writer." @LaunchBooks I even self-published my own book, The Unconventional Guide to Book Publishing. Well, I say self-published, but it was actually published by Chris Guillebeau, who I also represent. So he's both my client and my publisher. How fun is that?Many of the authors I work with - including some of my biggest selling authors - either started out self-publishing, or still self-publish certain works as part of their overall strategy. That includes NYT bestselling authors like Andy Weir, Chris Guillebeau, DJ Molles, and many others.That said, I don't typically look for projects to pick up just for print or foreign rights. I'll, of course, consider anything, as every situation is different, but my focus is finding those authors I can pitch to the major publishers and help take their careers to an entirely different level.A question I often get from authors is whether by self-publishing digitally they kill any chance of the book being really really successful in print later (if picked up by a pub lisher). What's your take on it?Oh, I don't think it does at all. A quick check of Publishers Marketplace shows more than 400 deals in their database for books that were initially self-published, and that trend will only get stronger. And of course, some truly major books - The Martian, included! - started out life as self-published books. Publishers Marketplace shows more than 400 deals for books that were initially self-published. When a self-published book does well, it can not only help your chances of getting the book picked up by a major publisher - if that's what you want - it can also put you in line to receive a much bigger deal than you would have otherwise.Where it can be problematic is if you self-publish a book and it doesn't sell well. At that point there's really not much you can do because publishers' responses will essentially be "The market has spoken." When it comes to self-published books, publishers only bet on success, which makes sense when you think about it. "When it comes to self-published books, publishers only bet on success." @LaunchBooks So my advice for anyone who wants to self-publish first is: do it well. And if you're unsure about whether you want to traditionally publish or self-publish my advice is often to try traditional publishing first. If you approach it the right way, you can figure out very quickly if it will work with a traditional publisher. And if not, you can always self-publish and all you've lost is a little time.However, for anyone who wants to self-publish their book first, the key is to make sure you really go for it. Don't just put it out there and hope that readers will somehow discover it. Have a marketing plan and pursue it with more of an entrepreneurial mindset. That can be difficult for some authors, but given the amount of noise out in the market, if you want to really give your work a chance to do well, you have to do what it takes to let readers know it's out there.When I read your fiction "submissions" section, I personally thought "I'd like to read every fiction work this agent repre sents". I wish you had an email list I could subscribe to. That led me to thinking: don't you think there is currently a lost opportunity for agents in building actual reader-facing brands?I'm not sure about that. I tend to think that any time I'd have to spend working to develop a reader facing brand of my own - and we could be talking about quite a bit of time there - would be better spent working on behalf of my authors. After all, it's not about me. It's about the authors I work with.I even find it a little uncomfortable when people want to congratulate me on books I've worked on, whether it's The $100 Startup, The Martian, The Remaining, The Fold, Ghost in the Wires, or any of the books I've been involved with. I'll often respond with something like, "Thanks, but I didn't write a word of it." "Yea," they'll say, laughing a little, "but you helped make it happen." That's true, but it's also true that none of my authors' books are successful simply because I represented them. T hey're successful because the author wrote a book that readers loved and told others about. And that's the result of the months and sometimes years of hard work their authors poured into them.And just thinking about it at a higher level, does anyone outside of Hollywood know who represents Robert Downey, Jr? What about Scarlett Johansson, Chris Pratt, or Matthew McConaughey (all awesome, by the way)? People inside publishing might know who represents George R.R. Martin, Stephen King, or Haruki Murakami, but do any readers? I doubt many would and I also think that's the way it should be.As long as I know that having me involved in the project is a net benefit for my authors then I'm happy. Let the authors have recognition from readers. They're the ones who deserve it. "Let the authors have the recognition from readers. They're the ones who deserve it." @LaunchBooks You can visit the LaunchBooks website here, and follow David on Twitter here.Would you agree that "now is the best time to be a writer"? How do you see the role of the agent changing in the next few years? Let us know your thoughts, or any questions for David, in the comments below!
Friday, November 22, 2019
How to Make Complaints for ESL Students
How to Make Complaints for ESL Students Politeness is universally appreciated, even when making complaints, no matter what language a person speaks, but in learning English as a Second Language (ESL), some students may struggle with formulas and functions of certain English phrases meant to politely start a conversation involving a complaint. There are a number of formulas used when complaining in English, but its important to remember that a direct complaint or criticism in English can sound rude or aggressive. For mostà English speakers, its preferred that others express their dissatisfaction indirectly, and introduce the complaint with an amicable introductory clause such as Im sorry to have to say this but... or excuse me if Im out of line, but... It is important to note, however, that these phrases dont directly translate into Spanish so understanding the basic function of words like sorry go a long way to introducing ESL students to the polite way to go about making complaints in English. How to Start Complaints Amicably In Spanish, one might start a complaint with the phrase lo siento, or Im sorry in English. Similarly, English speakers typically start their complaints with an apology or indirect reference to propriety. This is largely because politeness is a major element of English rhetoric.à Some phrases that English speakers may use to start complaints politely: Im sorry to have to say this but...Im sorry to bother you, but...Maybe you forgot to...I think you might have forgotten to...Excuse me if Im out of line, but...There may have been a misunderstanding about...Dont get me wrong, but I think we should... In each of these phrases, the speaker begins the complaint with an admission of error on the speakers part, relieving some of the assumed tension between speaker and audience by letting the listener know that no one involved is blameless. Whether it be because ofà contrasting ideasà or just because a speaker wants to say no nicely, these introductory phrases can be helpful to maintain respectful rhetoric in conversation. Forming a Polite Complaint After ESL students understand the concept of introductory phrases to complaints, the next important element of conversation is keeping the complaint itself polite. Although beingà imprecise or vagueà does have its benefits when complaining, clarity and good intentions go a lot further in maintaining the cordiality of conversation. Its also important not to come across as attacking while making a complaint, so the complaint itself should start with phrases like I think or I feel to indicate that the speaker isnt accusing the listener of something as much as he or she is starting a conversation about the disagreement. Take, for instance, an employee who is upset at another for not following the company policy while working at a restaurant together, that person might tell the other Excuse me if Im out of line, but I feel like you may have forgotten that closing waiters need to refill the salt shakers before leaving. By introducing the complaint with an apology, the speaker allows the listener to not feel threatened and opens up a conversation about company policy instead of scolding or demanding that person do their job better. Redirecting focus and calling for a solution at the end of a complaint is another good way to address the issue. For instance, one might say Dont get me wrong, but I think it might be better if we focus on this task before doing the one youre working on to a coworker who is not working on the right part of a project.
Thursday, November 21, 2019
Duties of the noble society Essay Example | Topics and Well Written Essays - 750 words
Duties of the noble society - Essay Example What can be said of the document is that it does represent the global rights to which all human beings are entitled. The core values of Saint Leoââ¬â¢s (2011) have a number of similarities to the UDHR (1948). Saint Leoââ¬â¢s (2011) stresses the development of every person's mind, spirit and body for a balanced life and all members of the Saint Leo University community must demonstrate their commitment the character of our community. Upon examination of article 29 in the United Nations Universal Declaration of Human Rights (1948) it was declared that ââ¬Å"Everyone has duties to the community in which alone the free and full development of his personality is possible. It does not take a stretch to see that these two points closely align however, how this is interpreted from both perspectives seems to be largely up to the individual. It remains the case that both documents stress that we have a ââ¬Ëdutyââ¬â¢ to our community. However a further condition of article 29 (UDHR , 1948) are limitations which are determined solely for the purpose of securing due recognition and respect for the rights and freedoms of others with concerns for morality, public order and the general welfare in a democratic society. In the sphere of international and domestic politics it was argued by the New York Times (2010) that this issue came to the forefront during the Lars Vilks Mohammed Drawings Cartoon Controversy. Many people began serious discussions as to where the right to artistic expression ends and the right to be free from religious persecution. The next major alignment between these two organizations comes through article 26 (UDHR, 1948) stipulates that ââ¬Å"Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.â⬠In many ways this aligns with Saint Leoââ¬â¢s (2011)commitment to community insofar as the value encourages students to strive to foster t heir commitment to excellence. Ultimately the core value (Saint Leoââ¬â¢s, 2011) strives to have a strong community and this depends on the unity and diversity of people with a free exchange of ideas and on learning, living, and working harmoniously. How this pertains to domestic politics in countries around the world is that this issue has dominated discussions of diversity and multiculturalism. On one end of the spectrum come statements from politicians who believe that multiculturalism failed (BBC, 2010) yet on the other hand I believe that one of the core strengths of my community is that we not only embrace multiculturalism but recognize that there are strengths to societies that draw from people of many different opinions. As a final example I believe that there are many parallels that can be drawn between Saint Leoââ¬â¢s (2011) and article 26(UDHR, 1948) insofar as our institution makes the statement that we value all individualsââ¬â¢ unique talents, respect their di gnity and strive to foster their commitment to excellence through the spirit of Jesus Christ. Although it may be that not everybody in our community is Christian we must respect our community members for who they are and recognize their unique strengths whilst respecting their beliefs and they are as free to receive all the benefits of working hard for our community as well. Without question there are a number
Tuesday, November 19, 2019
Article Summary and Reaction Paper Essay Example | Topics and Well Written Essays - 250 words - 1
Article Summary and Reaction Paper - Essay Example There were attempts to make the customers satisfied with the services that the company will offer. The hearing of the case occurred on November 30, 2011 after the company had filed the protection plea through its lawyers and other legal advisors. The airline had fought to escape the filing for bankruptcy and hoped that the court would help it to regain its status in the industry. The article expounds on the term bankruptcy. It also introduces Chapter 11 of the U.S. Bankruptcy Code (Administrative Office of the U.S. Courts, 2015). The chapter provides for reorganization under bankruptcy situation, mainly involving partnership or cooperation. The chapter helps in the reorganization of businesses that have seriously high burden of debts. Under the chapter, the debtor proposes a plan to that would ensure profitability after bankruptcy. The article outlines the best case in which Chapter 11 of the bankruptcy code. The article outlines the applicability of the code in helping organizations restructure and present a plan for profitability. Administrative Office of the U.S. Courts. (2015). Reorganization Under the Bankruptcy Code. Retrieved April 13, 2015 from
Saturday, November 16, 2019
Law and Morality Essay Example for Free
Law and Morality Essay There has been an ongoing debate about the relationship between law and morality. Numerous writers and philosophers have proffered arguments on how law is affected by morality. The question it is believed is no longer if morality affects law, it is to what extent is law affected by morality? And should there be any limitations on the relationship between law and morality? The law and morality conflict has been persisting for many years. Both the natural law theorists and the positive law theorists would agree that there is a relationship between law and morality. The argument has now moved to what degree morality should play in law? The obvious indication that this has been laid to rest is HLA Hartââ¬â¢s concession made at the onset of his book, Law, Liberty and Morality. He said that there is a definitive answer of yes, that historically and casually law has been influenced by morality. In his book Hart focused on the legal enforcement of morality and likewise this essay is concerned with that question. It is believed this is the only debatable divide between law and morality. The debate became a hot topic in the 1950ââ¬â¢s after the creation of a commission to investigate and report back on sexual moralities. The commission led to the publication of the Wolfenden Report in 1957. The report at it outset defined the purpose of criminal law as: .. to preserve the public order and decency, to protect the citizen from what is offensive and injurious and to provide sufficient safeguards against exploitation and corruption of others especially the vulnerable, that is the young, weak in body or mind, inexperienced or those in a state of physical, official or economic dependence. The Law should not intervene in the private lives of citizens or seek to enforce any particular pattern of behaviour further than necessary to carry out the above purpose. Before embarking on the discussion proper, a definition is required for morality and for what law is. Morality according to the Merriam-Webster online dictionary is (a) a doctrine or system of moral conduct; (b) particular moral principles or rules of conduct; or (c) conformity to ideals of right human conduct. Law on the other hand is defined as ââ¬Å"a binding custom or practice of a community: a rule of conduct or action prescribed or formally recognized as binding or enforced by controlling authority. â⬠That is morality is not enforceable by its definition while law is. Moralities are normative rules applied to a society or a sub-group of society that does not bind them in a court of law. The only enforceability of morality by its definition is from the group applying peer pressure. There are two main schools of thought in this divide between law and morality, the natural law theorists and the positive law theorists. The natural law school bases much of their ideas of law in their religious beliefs or other transcendental force such as nature. While positivists argue that law has no necessary basis in morality and that it is simply impossible to assess law in terms of morality. Opposition Supporters of the legal positivist school, such as Hart and Mills, purports that law should be in a different sphere from morality. Utilitarianism, a subgroup of the positivism, believes that laws should only serve for the maximization of utility or happiness for the majority. John Stuart Mills said that instead of society imposing morality on members of a society, the individuals should be free to choose their own conduct. Utilitarianââ¬â¢s are not concerned with the morality of law. They believe that law should only play a minimal role in an individualââ¬â¢s life. Persons should be free to do whatever they want as long as it does not harm another. This is referred to as the ââ¬Ëharm principleââ¬â¢. Mills said ââ¬Å"the only purpose for which power can rightfully be exercised over any member of a civilised community against his will is to prevent harm to othersâ⬠. Mills went on and said that not even for the individualââ¬â¢s own good should such power be exerted. This argument is rebuttable in that not because there was no immediate physical harm to another, there was no harm. It could be argued that someone taking drugs or proliferating pornography causes ripple effects that may result in harm to others. Pornography promotes women as sexual objects and thereby promotes sexual violence against women. Drug users, by their combined effect, have led to the growth of large underworlds that not only supply drugs but commits direct victim crimes such as murder. If Mills theory is to be adhered to, this would mean that even in a situation of explicit sadomasochist sexual practices that could result in the injury to participants, the law should not get involved to prevent harm. This is because the individuals consented to such acts and no one will be harmed except the willing participants. In this light R v Brown would have been decided incorrectly. Hart said that the judges in Shaw v DPP, where the defendant was convicted for conspiracy to corrupt public morals after publishing a booklet containing details of prostitutes and their sexual practices, ââ¬Å" seemed willing to pay a high price in terms of the sacrifice of other values for the establishment or re-establishment-of the court as custos morum. â⬠The value Hart was referring to is the legality principle of Lon Fuller. He was suggesting the ruling made the law imprecise and thereby itself immoral. Fuller suggests that for law to be moral there must be eight elements referred to as the ââ¬Ëinner morality of lawââ¬â¢ or ââ¬Ëprinciples of legalityââ¬â¢ or ââ¬Ëprocedural natural lawââ¬â¢. The eight elements are generality, promulgation, non-retroactivity, clarity, non-contradiction, capability of compliance, constancy and congruence. These elements Fuller suggests are what a good legal system should aspire for but no one system has or is expected to perfect all elements. However, significant lack of these elements may mean that a system is an immoral legal system and could support tyranny. Fuller said that tyranny is a result of the break down of the internal morality of law and was the case in Nazi Germany. Hart made that very connection between the principles of legality and tyranny when he suggested that there was no adherence to the principles of legality in Shaw v DPP and by extent was in itself immoral law. The central problem with morality is whose morality is the right morality to enforce. Nazi Germany is the best example of law enforcing morality. This is why caution must be used with the continued growth of the court making moral judgements and pronouncing itself as the custos morum. Hart said that there are several flaws with the use of law to enforce morality and if no such enforcement exists it would not necessarily lead to the disintegration of society. He said that society can support several different and sphere of morality. What is considered moral in one country is not necessarily the same in another. On a smaller scale, what is considered moral in one religion within a country may not hold true for another, yet they can exist in relative harmony through mutual respect. He also said that by using law to enforce morality will result in the stagnating of morals in time. It is evident that morality changes with time and what was immoral years ago would not be immoral today. Sometimes the existing laws do not match changes in societal. In the case R v R, where a husband was charged with attempted rape of his wife, the existing law at the time was outdated in respect of the current moral standards of society. If the courts had followed the law as was, they would directly contradict the will of society and the husband would not have done anything illegal. In that case the court made a value judgement, one based in morality to adapt to the change in the morality of society and found that a husband could in fact rape his wife. This case demonstrates the role morality plays in law. If courts did not have any moral basis, then this may lead to disconnect between the law and society. In R v R the courts had a choice either observe an immoral precedent or to adapt itself to the changing morality of the society. Although the judges may try to propound that they only declared what the law was, this judgement is one on moral basis. Should the judges have followed the law at the time that a man cannot rape his wife? Wouldnââ¬â¢t that have led to an infringement on the womanââ¬â¢s individual right? Are judges the right people to expound morality? Supporters The idea that morality has no place in law has been refuted by many theorists such as Hyman Gross and Lord Devlin. Gross contended that Law and morality are one and the same. Laws are inherently moral and that is why acts like murder, rape and theft have been made illegal. Law and morality cannot be separated as the society creates law based on the foundation that the behaviour being address has to be immoral or undesirable by the reasonable man. The problem with this view is that this cannot explain acts that are prohibited by law but not immoral or the reverse. Sex outside of marriage brings a very strong social scourge but no one believes that adultery rise to the level for legal reprimand. Devlin argued that there is an underlying moral web that keeps society together and it should be protected by law. His approach has some aspect of social contract theory, which suggests that everyone in society is there by agreement. He said that to exist in a society there must be some general principles that members have a consensus on. It could be said to be analogous to a family. In a family there may be several different personalities, but what keep them functioning like a unit is that there are underlying similar values that act as a cohesive bond between members. Devlin said in ââ¬Å"The Enforcement of Moralsâ⬠(1959) that: Societies disintegrate from within more frequently than they are broken up by external pressures. There is disintegration when no common morality is observed and history shows that the loosening of moral bonds is often the first stage of disintegration, so that society is justified in taking the same steps to preserve its moral code as it does to preserve its government the suppression of vice is as much the laws business as the suppression of subversive activities. Former Minister of Justice of Jamaica, Senator Harding, in his speech at the inaugural lecture at the Institute of Law and Economics said it would have been helpful if Lord Devlin had provided examples of some modern societies which have disintegrated because of the loosening of moral bonds. And it might be a better thing for some societies to disintegrate by loosening its moral bonds. Nazi Germany comes to mind; those societies disintegrate from within more frequently than there are broken up by external pressuresâ⬠¦ Devlin said that it is morals that hold society together and should therefore influence the development of law. He goes further and said that even if private acts are considered to create sufficient public disgust, that is if the ââ¬Ëreasonableââ¬â¢ man finds this act so unacceptable then it threatens the moral fabric of society and should be subject to criminal punishment. He describes a limit of tolerance as to how much of an immoral act society or the reasonable man can tolerate. Once society passes this limit then something must be done to intervene. Lord Devlin did not suggest that it is all immorality that should be sanctioned. He suggested that the ones that bring ââ¬Ëright-minded manââ¬â¢ to disgust should be. It is not believed that Devlin was out of touch with the state of developing individual liberty. It is how far those individual liberties will be allowed to infringe on the general public morality and liberty? There needs to be a balance between the individualââ¬â¢s right and the general publicââ¬â¢s. Lord Devlin asked if society has the right to make judgment on individual morality. He answered yes, and this seems to be the accepted approach in R v Brown and Shaw v DPP. There is no where in the past were law has developed in an abstract. Law has developed along with the social changes as R v R Devlin also proposed a guideline for the implementation of statutes. He supported individualism and suggested that persons should have the maximum amount of freedom to do as they wish, except when it conflicts with the societyââ¬â¢s integrity. He also said that law should only be created to sanction behaviours that are gross, not just merely immoral. And finally, the law should only set the minimum basic standards expected of individuals. Conclusion Morality is important to the integration of society and if the mythical social contract theory has any weight it is in fact as Devlin suggest the web that holds it together. However, it can also be dangerous and may also be the underlying reason for actual disintegration of society as in Nazi Germany. There is no correct answer or side. The answer rest in the balance: the balance between the individual right and that of society, the balance between the positivist and the naturalist, the balance between the heterosexual and the homosexual. The individual should have the right to do as he feels but there has to be limitations. The extremes of either side of the debate are the danger zones but the answer lies in the indefinable, undiscoverable shadows of the gray that rest between the divide. Bibliography 1. MDA Freeman, Introduction to Jurisprudence 8th Edition (Sweet Maxwell) 2. Http:sixthformlaw. info/01_modules/other_materials/law_and_morality_/08_hart_devlin. htm 3. HLA Harts, Law, Liberty and Morality (University of Stanford Press) 4. Dwight Bellanfante, ââ¬Å"Keep the law out of Gays Bedroomâ⬠(The Jamaica Observer October 31, 2004). 5. Elliott Frances Quinn, English Legal System 11th Edition (Longman-Pearson, UK), 6. ââ¬ËCriminal Lawââ¬â¢, Clarkson and Keating, (Sweet Maxwell), 2007 7. Gary Slapper And David Kelly, The English Legal System 11th Edition (Routledge, UK) Page [ 1 ]. Law, Liberty and Morality, H. L. A Hart, Stanford University Press, 1963. Page 1 [ 2 ]. Catherine Elliott Frances Quinn, English Legal System 11th Ed (Longman-Pearson, UK), Page 657 [ 3 ]. http://www. merriam-webster. com/dictionary/morality, accessed 20th October 2010. [ 4 ]. http://www. merriam-webster. com/dictionary/law, accessed 20th October 2010. [ 5 ]. Gary Slapper And David Kelly, The English Legal System 11th Ed (Routledge, UK) Page [ 6 ]. Catherine Elliott Frances Quinn, English Legal System 11th Ed (Longman-Pearson, UK), Pg 655-656 [ 7 ]. Law, Liberty and Morality, HLA Hart Stanford university Press, 1963, page 3 [ 8 ]. Ibid [ 9 ]. Catherine Elliott Frances Quinn, English Legal System 11th Ed (Longman-Pearson, UK), Page 656 [ 10 ]. [1993] 2 All ER 75 [ 11 ]. [1961] 2 W. L. R 897 [ 12 ]. Law, Liberty and Morality, HLA Hart Stanford university Press, 1963, page 7 [ 13 ]. [1961] 2 W. L. R 897 [ 14 ]. Catherine Elliott Frances Quinn, English Legal System 11th Ed (Longman-Pearson, UK), Pg 658 [ 15 ]. Ibid [ 16 ]. [1992] 1 A. C. 599 [ 17 ]. [1994] 1A. C. 212 [ 18 ]. ââ¬ËCriminal Lawââ¬â¢, Clarkson and Keating, sweet Maxwell, 2007 [ 19 ]. ââ¬ËKeep law out of gays bedroomsââ¬â¢ says Harding, Dwight Bellanfante, Observer staff reporter Sunday, October 31, 2004 [ 20 ]. [1994] 1A. C. 212 [ 21 ]. [1961] 2 W. L. R. 897 [ 22 ]. [1992] 1 A. C. 599 [ 23 ]. Catherine Elliott Frances Quinn, English Legal System 11th Edition (Longman-Pearson, UK), Page 658.
Thursday, November 14, 2019
Sir Gawain vs Beowulf Essay -- Compare, Contrast, Comparative
Although Gawain and Beowulf share many similarities, their characters are almost complete opposites. Both aim for some sort of fame, one more than the other; differing in the way they attempt to achieve this success. Gawain remains true and looks to humility to guide him, whereas Beowulf is very prideful and selfish, loving nothing more than boasting about his virtues. Regardless, both go through tremendous changes throughout their quests, dealing with repercussions, and many challenging obstacles along the way. Initially, Gawainââ¬â¢s strongest trait is humility, Beowulfââ¬â¢s is pride. In the beginning of Gawain and the Green Knight, a mysterious warrior enters King Arthurââ¬â¢s court to extend a challenge. Although he knows others in the court would handle the challenge better than him, out of respect, when King Arthur attempts to accept the challenge Gawain comes forth and suggests he takes his place. Gawain presents himself as ââ¬Å"the weakest of them, I know, and the dullest-minded/ so my death would be least loss, if truth should be told/ only because you are my uncle am I to be praised/ no virtue I know in myself but your bloodâ⬠(Broadview Analogy 269). Instead of bragging about his bravery, Gawain acts modestly and states that his death would be of little loss during this challenge. He is not self-absorbed and gives off the impression that the only reason he is a knight is because of his relation with King Arthur. By stating this, he gives off the impression that h is self confidence is quite weak; this is astonishing for a character of this era. Although King Arthur has at least one of his knights to be proud of, it seems as though Gawainââ¬â¢s behaviour is not looked upon as modest by others in the court, but rather disreputable. The D... ...ash between good and evil. Beowulf is a representation of a Godly figure, possibly Christ, whereas his enemies represent figures of darkness, possibly Satan. Due to his battle with Grendel, Beowulf realises the true abilities of Gods power and develops into a more Saint like character who is more concerned with giving help rather than Gaining fame. He seeks Gods guidance, but looks to pagan ideals when he deems so. Although he never completely takes complete advantage of Gods power, he does earn the fame and glory that he fought bravely for. Gawain returns to Camelot a changed man, bearing his sins on his shoulders, whereas, Beowulf develops into a more saint like character who is more concerned with giving help than gaining fame. Gawain becomes more aware of his wrong doing, and attempts to better himself by carrying the green girdle as a reminder of his sins.
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