John Locke and John Stuart Mills Definition of Freedom Essay

John Locke and John Stuart Mills Definition of Freedom John Locke believes that man ought to have more freedom in political society than John Stuart Mill does. John Lockes The Second Treatise of Government and John Stuart Mills On Liberty are influential and potent literary works which while outlining the conceptual framework of each thinkers ideal state present two divergent visions of the very nature of man and his freedom. John Locke and John Stuart Mill have different views regarding how much freedom man ought to have in political society because they have different views regarding mans basic potential for inherently good or evil behavior, as well as the ends or purpose of political societies. In order to examine how each†¦show more content†¦Mill differs from Locke in the basic principle that individual who enjoy the benefits of living in political societies owe a return for the protection society offers. Mill believes for society to function properly conduct of societies members should not injuring the interests of one another; or rather certain interests; which either by express legal provision, or by tacit understanding, ought to be considered rights (Mill 70) Mill furthers this statement by proclaiming that society may go even further. As soon as any part of a persons conduct affects prejudicial the interests of others, society has jurisdiction over it, and the general question whethe r the general welfare will or will not be promoted by interfering in it, becomes open to discussion. (Mill 70) This declaration virtually allows the state the authority to intervene in every instance of human interaction and have total power to alter the exchange as it sees fit. If this function of the state is considered supreme or is allowed jurisdiction over even the first sphere of freedoms any further discussion of liberty is ineffective and redundant. Mill clearly seeks to limit the freedom of men and guaranteeing some measure of residual power to exercised by the state at will. Having examined the level or amount of freedom Locke and Mill advocate for man in political society a closer examination of the rational or reasoning which Locke and Mill used to develop theirShow MoreRelatedJohn Locke And John Stuart Mill s On Liberty Essay1200 Words   |  5 Pagesrole the individual plays in society and to the state. Whereas, Thomas Hobbes, John Locke, and John Stuart Mill have developed a more modernized conception of liberty and the role of the individual to the state and society. Plato’s work the Republic, and Aristotle’s works of literature Nicomachean Ethics, and Politics will be contrasted against Thomas Hobbes’ Leviathan, John Locke’s Second Treatise, and John Stuart Mill’s On Liberty. The literature works of the Political Philosophers mentioned previouslyRead More Comparing John Locke, John Stuart Mill, and Jean-Jacques Rousseau2026 Words   |  9 PagesComparing John Locke, John Stuart Mill, and Jean-Jacques Rousseau John Locke, John Stuart Mill, and Jean-Jacques Rousseau all dealt with the issue of political freedom within a society. John Lockes â€Å"The Second Treatise of Government†, Mills â€Å"On Liberty†, and Rousseau’s â€Å"Discourse On The Origins of Inequality† are influential and compelling literary works which while outlining the conceptual framework of each thinker’s ideal state present divergent visions of the very nature of man and hisRead MoreJohn Locke And John Stuart Mill s On Liberty Essay1748 Words   |  7 Pagesrole the individual plays in society and to the state. Whereas, Thomas Hobbes, John Locke, and John Stuart Mill have developed a more modernized conception of liberty and the role of the individual to the state and society. Plato’s work the Republic, and Aristotle’s works of literature Nicomachean Ethics, and Politics will be contrasted against Thomas Hobbes’ Leviathan, John Locke’s Second Treatise, and John Stuart Mill’s On Liberty. The literature works of the political philosophers mentioned previouslyRead More2.1 The Birth Of Free Speech . It Is Difficult To Pinpoint1267 Words   |  6 Pagestime of ancient Greeks, freedom of speech has always been an indispensable condition of what it means to be a free person. The first known martyr to the principle of free speech was Socrates. In 399BC before his jury to city state of Athens he was tried for corruption the morals of Greek youth and he said that he would rather be convicted than suffer restrictions on his free speech. Free speech became more developed during the Enlightenment period by scholars such as John Locke, Baruch Spinoza, PierreRead MoreEssay Kant vs. Mill: Human Rights and Utilitarianism1729 Words   |  7 Pagesincluding philosophical theories in the past. This paper looks at the theories of two philosophers, Emmanuel Kant and John Stuart Mills, and how their teachings can be used to explain the sources of human rights. Kant’s moral philosophy is very direct in its justification of human rights, especially the ideals of moral autonomy and equality as applied to rational human beings. John Stuart Mills’ theory of utilitarianism also forms a solid basis for human rights, especially his belief that utility is theRead MoreConstitutional Issues And The Scope And Character Of U.s. Government3303 Words   |  14 Pages Government 2 Freedom of speech, Barendt (2005) mentioned, is one of the basic rights of any human being. The entitlement to express one’s opinion and view on anything without the fear of being harassed or penalized by the authority is ensured by this act. For many centuries common people were denied this right. Even now many countries prohibit its citizens to practice this fundamental right. USA is one of the countries, which is known for being vocal about civil rights and freedom. Therefore itRead MoreLiberal Perspective of a State7979 Words   |  32 Pagespromotion and protection of human freedom and equality and ensuring of human happiness. Liberalism meant the removal of traditional distinctions that were imposed on people. Liberals espouse a wide array of views depending on their understanding of the principles of liberty and equal rights, but most liberals support such fundamental ideas as constitutionalism, liberal democracy, free and fair elections, human rights, capitalism, free trade, and the freedom of religion. These ideas areRead MoreQuestions On The Theories Of Justice2659 Words   |  11 Pageslater, these theories of justice will necessarily be implied in the founding documents and covenants of major social institutions in western civilization. Justice: Utility In its most basic definition, utilitarianism argues, â€Å"The right thing to do is to produce the most good.† According to John Stuart Mill, â€Å"‘utility’ or the ‘greatest happiness principle’ requires that actions are right in proportion as they tend to promote happiness; wrong as they tend to produce the reverse of happiness. ThereforeRead MoreJurisprudential Theories on IPR13115 Words   |  53 Pagesproperty, such as: 1. Natural Rights/Justice Argument: this argument is based on Locke’s idea that a person has a natural right over the labour and/or products which is produced by his/her body. Appropriating these products is viewed as unjust. Although Locke had never explicitly stated that natural right applied to products of the mind,[34]  it is possible to apply his argument to intellectual property rights, in which it would be unjust for people to misuse anothers ideas.[35]  Lokeans argument for intellectualRead MoreEssay about What Is Distributive Justice?5286 Words   |  22 Pagesjust are what is set forth. The next set of principles is the feminist principles that offer very distinct versions of every theory. The last of the principles is the methodology and empirical beliefs about distributive justice most notably stated by John Rawls. He brought the method of wide reflective equilibrium to philosophy (â€Å"Stanford Encyclopedia of Philosophy†). The international doctrine of human rights says, â€Å"Everyone has a right to an adequate standard of living for himself and his family

Constitutional and administrative law Free Essays

string(208) " the category of procedural impropriety which deals with an allegation that the public body has not used the processes and procedures required in order to make the decisions that it has made \(Oliver 1987\)\." Abstract New legislation relating to the licensing of tyre disposal centres has resulted in several situations where the decisions of the public authority are in question. As a result judicial review is being considered as to whether the actions of the public authority could be deemed to be illegal, irrational or procedurally inaccurate. The Tyre Waste Act enacted by Parliament in 2012 has given powers to the Secretary of State to undertake certain administrative tasks such as the licensing of tyre storage and their destruction. We will write a custom essay sample on Constitutional and administrative law or any similar topic only for you Order Now A statement was also made that any decisions on the part of the Secretary of State cannot be challenged in a court of law, and the Secretary of State is given wide discretionary power under the statutory provisions. With this in mind and following certain concerns by three different companies, as well as a pressure group, the question has arisen as to whether or not the powers exercised by the Secretary of State in these scenarios could be subject to judicial review. Introduction The paper here will look, firstly, at the legal principles associated with judicial review, including identifying who may bring an action to judicial review and the grounds for such action, before applying this to the set of facts presented in relation to the individual entities in this case study. Judicial Review – Rules Judicial review provides a procedure whereby an individual or relevant group of individuals can bring an action in court to argue that a public body acted in an unlawful manner (IRC, 1982). Broadly speaking, judicial review will fall into one of three categories: where a public body has acted illegally, i.e. failing to apply the law in the relevant manner; has acted irrationally by making a logical decision; or has undertaken some form of procedural impropriety which means that it has not followed the correct procedure. Where an action for judicial review is successful, the court may then quash the act undertaken by the public body or may require it to review the situation or may refrain the body from acting in the manner that it has been acting, previously. A typical example of this would be a declaration by the High Court that the public body had acted in an unlawful manner and would therefore require it to act differently, in the future (Fulham Corporation 1921). Firstly, it is noted that judicial review is available against a decision made by a public body and, in this case, the Secretary of State for the Environment is a public body making public decisions and would therefore be potentially subject to judicial review, regardless of the statement that it cannot be held accountable in court (Hampshire Farmers Market Ltd., 2004). The individual bringing the action must also have sufficient standing in order to make the application (as defined by Section 31(3) of the Senior Courts Act 1981). In accordance with this section, it is stated that the permission shall not be given to bring an action, unless it is considered that the applicant has sufficient interest in the matter to bring the action (Gough, 1993). Having been allowed to bring an action to judicial review, the next stage is to identify the grounds for challenge of the public authority’s behaviour. Each of the three grounds will be looked at in turn, as each is potentially relevant, in this case. The classification of the grounds that will be discussed here was first established in the Minister for the Civil Service case decided in 1985. Under the heading of illegality, there are several grounds for challenge, with one of the most common aspects of this being where there are allegations that the legislation has been misinterpreted (Anisminic 1969).Crucially, a decision can be deemed to be illegal for the purposes of judicial review, if the decision making body has ignored relevant considerations, or is taking irrelevant considerations into account when making decisions. This is particularly relevant when it comes to a situation whereby the public authority has a relatively high level of discretion in applying the rules and regulations by which it is guided. It is however noted that where the public authority is taking into account legally relevant factors and the decision they make is ultimately rationale this cannot then be queried simply because one of the parties does not agree (ex parte Westminster City Council 1986). L Diplcok also placed a large emphasis on the second ground for challenging the actions of the public body which is on the basis of irrationality. He stated that the decision would be deemed to be irrational if it could be seen as â€Å"so, outrageous in its defiance of logic or accepted moral standards, that no sensible person, whether applied his mind to the question that have arrived at it.† (Associated Provincial 1948)This ground for judicial review is somewhat different than the other two in that it looks at the substance of the decision, but will only allow for judicial review where the decision is outrageous and again, not simply because one of the parties disagree (Barnett 2010). Secondly, also under the umbrella issue of irrationality is that of proportionality meaning that the public body needs to make proportional decisions in order to achieve the underlying aim of the powers given to the public authority. For example it may be seen as disproportionate to prevent a particular protest march from taking place where it would have been possible to protect public safety by simply choosing an alternative route. Proportionality is seen as being particularly relevant when it comes to the European convention on human rights is also an issue that is dealt with when looking at decisions relating to the application of the European convention on human rights under UK law. Fundamentally therefore, where the public body has acted in a way that is disproportionate this could be used as an example of irrationality and therefore offer an opportunity for judicial review (Daly, 2001). Finally there is the category of procedural impropriety which deals with an allegation that the public body has not used the processes and procedures required in order to make the decisions that it has made (Oliver 1987). You read "Constitutional and administrative law" in category "Essay examples" A distinction is drawn between a procedural requirement which is perceived as being mandatory and a simple direction with any breach of a mandatory requirement allowing for judicial review on the grounds procedurally proprietary. There are also rules associated with natural justice, which are linked to procedural requirements and where it has been a breach of natural justice it is likely that judicial review of the procedurally proprietary will be allowed (Lloyd, 1987). For example, there are specific rules of natural justice, which ensured that no bias is shown and that each individual has the right to a fair hearing. An individual will have a legitimate expectation of how their case shou ld be dealt with and a failure to offer the opportunity to have a fair hearing could result in procedural impropriety (Nottinghamshire CC 1986). Unlike other countries there is not a general requirement under English administrative law to give reasons for decisions however it may be required by statute to provide reasons and this would then prevail. Rules relating to legitimate expectation are also likely to be relevant as it is only reasonable that individuals form expectations on how their own situation will be treated and failure to comply with this can result in procedural impropriety (Fairmount 1976). Once an action for judicial review is successful, there are several different remedies which may be available, including a declaration of incompatibility as well as options for the court to nullify the decision made by the public authority by the requirement for the relevant authority to revisit their decision and to comply with the public authority duties that are relevant (Liverpool Corporation 1972). Bearing in mind the various different issues associated with judicial review the position in relation to the four possible claims for judicial review will be looked at in turn. Alpha Ltd (A) Two decisions have been made that A is confused by. These issues are firstly, the refusal to offer a grant for the recycling expansion due to environmental concerns and secondly, the requirement to cease trading due to the lack of licence. A stores no more than 1000 tyres at a time and these are shredded within 12 months. Schedule 1 (B) states that a licence is not required where the tyres are stored for less than 12 months and there are less than 1000 stored at any point in time. Based on this interpretation it would seem irrational that the Secretary of State for the Environment failed to allow the exemption to apply and this would result in a declaration being made and the position having to be re-considered. By contrast it is simply stated that a recycling grant would require the applicant to show that the waste to be recycled will not be harmful to the environment. It is argued here that the belief by the Secretary of State that the chosen recycling approach by A would be harmful and as such it would be appropriate to refuse the grant and could not be deemed to be irrational or disproportionate as it would seem reasonable to disallow a grant that would potentially support some form of non environmentally friendly approach. Beta Ltd (B) An application for a licence has been rejected by the Secretary of State by B as it is using technologies that are seen to be safe and have been proved as such in Germany but has not gained approval in the UK as is required under the statutory provisions. This presents a reasonably difficult position when it comes to judicial review as it could be argued that the Secretary of State has followed the requirements under the statutory provision yet has potentially acted in a disproportionate manner and has failed to take into account the tests that have taken place in Germany. Despite the potential argument of irrationality that B could put forward, it is suggested on balance that the Secretary of State has followed the processes contained within the statutory provisions and therefore it is unlikely that judicial review will be successful in this situation. Gamma Ltd (G) G has also been refused a licence despite having a strong environmental record. G was initially afforded a licence automatically however this was reneged and G was told to apply for a licence which was ultimately refused due to the previous investigations relating to the theft of tyres, this was not an environmental issue. It is also suggested that bias is being shown as the decision maker was involved in the original investigation. Bearing both of these points in mind it is suggested that the judicial review would be successful on the grounds of procedural improprietary on the grounds of bias as well as illegality as the rules contained within the statutory provision have not been applied appropriately with the relevant investigations needing to be environmental in nature if a licence is to be rejected. Tyred Out (T) T is a special interest group looking at environmental issues associated with the disposal of tyres and is arguing that Delta (D) should not be granted a licence due to a poor environmental record. Firstly it is concluded based on the concepts of material interest that T is able to bring an action for judicial review as it has sufficient interest. Secondly it has been put forward by the Secretary of State that a licence was granted based on the devastating potential on the employment in the area despite poor environmental records. It would be necessary to look therefore whether the decision was rational and proportionate, something which it is suggested based on the facts here that the decision was indeed appropriate and could not be deemed irrational. Discretion is given to the Secretary of State and this discretion has seemingly been applied appropriately making it unlikely that judicial review will be successful. Conclusions By looking at the specific rules and applying this to the four scenarios presented, it could be seen that there are mixed results with judicial review being likely to be successful in the case of Gamma Ltd and partly in relation to Alpha Ltd but would be unsuccessful in the other areas. References Anisminic Ltd v.Foreign Compensation Commission [1969] 2 AC 147 Associated Provincial Picture Houses Ltd v. Wednesbury Corporation [1948] 1 KB 223) Attorney-General v. Fulham Corporation, ex relatione Yapp [1921] 1 Ch 440, Barnett, H (2010) Constitutional Administrative Law, Taylor Francis Bradley, A.W. and Ewing, K.D., (2003) Constitutional and Administrative Law, Pearson. Council of Civil Service Unions v. Minister for Civil Service [1985] AC 374 Fairmount Investments Ltd v. Secretary of State for the Environment [1976] 1 WLR 1255 IRC v. NFSESB [1982] AC 617. Lloyd v McMahon [1987] AC 625 Nottinghamshire CC v. Secretary of State for the Environment [1986] 1 AC 240 Oliver, D (1987)†Is the Ultra Vires Rule the Basis of Judicial Review[1987] P.L. 543 R(Daly) v Secretary of State for the Home Department [2001] 2 AC 532 R (on the application of Beer) v. Hampshire Farmers Market Ltd [2004] 1 WLR 233 R v. Gough [1993] AC 646 R v. Liverpool Corporation, ex parte Liverpool Taxis [1972] 3 WLR 224 How to cite Constitutional and administrative law, Essay examples Constitutional and Administrative Law Free Essays Introduction ‘In British constitutional theory and practice there is a clear-cut distinction between law and convention. Law derives from common law and statute, and is enforceable by the courts. Convention derives from constitutional principle and practice and is not enforceable by the courts. We will write a custom essay sample on Constitutional and Administrative Law or any similar topic only for you Order Now Law remains in force until changed by statute. Convention may change with changing times. Law, at least if statutory, is ascertainable in precise form. Convention is often imprecise and may be nowhere formulated in categorical terms.’ (Professor H.W.R. Wade) Is this an accurate explanation of the distinctive nature of law and convention in relation to the British constitution? Professor H.W.R Wade produced a statement highlighting a clear-cut distinction between the nature of law and convention in relation to the British Constitution. Throughout this essay I shall critically asses the validity and accuracy of his explanation by taking an in depth look at key concepts, doctrines and comments to evaluate whether a distinction exists between the nature of law and convention. Whilst Britain does not have a single codified document called ‘The Constitution’, it would be deceptive to assert that the constitution is unwritten. Indeed, Britain’s constitution has been cultivated from multiple key constitutional sources which make it possible to approach a description of the constitution. These sources can be found in the decisions of the courts in the form of dictum or in the interpretation of statute. With Britain being a member state of the European Union part of the constitution can emanate from EU Law, the Royal Prerogative, and a distinct part is found in historical arrangements and practices known as conventions. I shall be focusing primarily on the nature of law and conventions, in relation to the British constitution in order to assess whether a distinctions is visible between the two constitutional sources. Professor Wade asserts that â€Å"Law derives from common law and statute, and is enforceable by the courts. Convention derives from constitutional principle and practice is not enforceable by the courts†. Accordingly, it would be just to establish that from a precise detailed point of view, this statement can be seen to be contentious. This is primarily because Professor Wade highlights that the â€Å"Law derives from common law and statute† however what he seizes to base emphasis on is the mere fact that conventions set a key agenda in the crafting of statute and common law reasoning; in the words of Sir Ivor Jennings â€Å"conventions provide the flesh which clothes the dry bones of the law†[1] Thus, evidently the legal hierarchy of the British constitution is everywhere penetrated, transformed and inherently effected by an inevitable element of convention, and a failure to adhere to an important convention might lead Parliament to cast a disputed practice int o legislative form. An example of this is The Parliament Act 1911, which was enforced after the House of Lords exceeded conventional limits on its power, rejecting, in 1909, a finance bill (Lloyd George’s ‘People’s Budget’). This consequently undermines, to some extent, the clear-cut distinction Professor Wade respectively explains, in that, if conventions are so interconnected in the cultivation of the natural form of law as mentioned above then a distinction cannot be clear-cut or even made, and this connection will always bind the natural law and conventions. Evidently the natural form of law is enforceable by the courts. Professor Wade makes a distinction here between the nature of law and convention by stating that â€Å"Law is enforceable by the courts†¦.Convention is not enforceable by the courts† The issue here arises with regards to the validity of this statement. Are conventions indeed distinctly dissimilar to the nature of law in that they are not enforceable by the courtsIndeed, conventions are rules and are part of the constitutional order, interrelated and interwoven to some extent, however relatively distinguishable from the natural form of law as Professor Wade asserts. The key distinction is in the nature of the enforcement and of the sanction. As mentioned above the natural form of law is inherently enforced in the courts; however it could be debated as to whether conventions are fully applied in courts (discussed further below), conventions are most certainly non-legal but nonetheless binding rules of constitut ional behaviour. A good example of this is the convention of ministerial responsibility. It is a convention which holds ministers wholly and individually responsible to Parliament. If a minister knowingly misleads parliament for example he or she will be expected to resign from office. If no resignation is forthcoming the minister would be acting unconstitutionally and NOT illegally. A court of law could not compel a resignation in this situation. Nonetheless, in the case of R. v Secretary of State for the Home Department Ex p. Hosenball[2] the court had relaxed the rules of natural justice â€Å"for the protection of the realm† in a case were the Secretary of State had considered information that Mr.Hosenball, while resident in the United Kingdom, had sought and obtained for publication information harmful to the security of the United Kingdom. This case proves that the courts were willing to shape up the natural form of the law and enforce a convention for public interest in order to ensure the security of the ‘realm’. A key point to address in this case was that the Secretary of State had not arguably acted fairly in that Mr.Hosenball was denied a fair trial. In today’s court this would infringe article 6 of the Human Rights Act 1998. Therefore, it would be fair to establish that in today’s courts the judiciary would have taken a different approach to tackling the aforementioned case. So is Professor Wade accurate in explaining that a distinction between the nature of law and convention exists on the basis that law is enforceable by the courts and convention is notCertainly the above case contradicts to this to some extent; however a reluctance of the modern courts to enforce conventions has crafted this distinction, making Professor Wade’s distinction relatively accurate on this basis. However as highlighted by the convention of ministerial responsibility a distinction can be formed between a convention and the natural form of law on the basis that acting unconstitutionally differs from acting illegally as highlighted above. Professor Wade explains that a distinction exists between the nature of law and convention on the basis that â€Å"Law remains in force until changed by statute, and convention may change with changing times†. Accordingly Professor Wade is to some extent right in this distinction, in that we have seen numerous acts of parliament being superseded and changed by more modern statutes. Furthermore, it would be fair to establish that courts accept the validity of the acts of Parliament and have validated the concept of Parliamentary Sovereignty, and although the courts do not directly challenge legislation passed down by Parliament, a strong part of the constitution comprises of common law and not solely statute law, particularly in certain cases involving private law including tort and contract law. Thus to some extent it could be inaccurate and problematic to assert that â€Å"law remains in force until changed by statute†. Furthermore, Professor Wade, establishes that â€Å"conventions may change with changing times†. He is indeed relatively accurate in making this statement, as proven by the ‘Widdicombe Convention’ which was formally recorded to resolve any conventional ambiguities with regards to the media and publicity campaigns. This convention was effectively the result of the growing media and the influence it had on society. This convention inherently proves the accuracy of Professor Wade’s explanation that ‘conventions may change with times’. However the legitimacy of this distinction is inaccurate in a sense on the grounds that even the law may change with time, after all, this is why we have a parliament and a superior court system. With changes in society comes change in the law, this is the basic foundation of any competent legal system. Alas, this asserts that Professor Wade’s distinction is relatively inaccurate as both the natural form of la w and conventions change with time in order to sufficiently meet the ever changing needs of our society. Another distinction Professor Wade explains in his statement is that the â€Å"law, at least if statutory, is ascertainable in precise form, convention is often imprecise and may be nowhere formulated in categorical forms† To some extent it can be rather contentious to assert that statutory law is precise in its form. This is merely because a broad term may be used in a statute which can give rise to confusion and uncertainty, developments in society can make the words used in a statute out of date and they may no longer cover the current situation. An example of this is in Section 53, Coroners and Justice Act 2009 c. 25[3]. However the important distinction made here is the statement asserting that â€Å"conventions are often imprecise and may be nowhere formulated in categorical form†. A good authority which validly contradicts to this inaccurate distinction is the convention of ministerial responsibility which is included in the Ministerial Code, which is issued upon appointment to all ministers by the Prime Minister. The convention clearly sets out the conventions and codes of practice as a minister. Thus, in conclusion after critically assessing Professor Wade’s explanation of the distinctive nature of law and convention in relation to the British constitution I have established that some of the distinctions he explains are more accurate than others. Initially the Parliament Act 1911 proved that failure to adhere to an important convention might lead Parliament to cast a disputed practice into legislative form which undermined Professor Wade’s explanation, and proves that convention can indeed constitute into law. Furthermore the case of R. v Secretary of State for the Home Department Ex p. Hosenball[4] proved that a convention could to some extent be enforceable in order to ensure the protection of the ‘realm’. I also established that Professor Wade was accurate in asserting that a â€Å"convention may change in time† as proven by the Widdicombe Convention, however his distinction could be seen as inaccurate as even the natural form of law can be changed in time to suit the needs of society. The convention of ministerial responsibility’s clarity contradicts Professor Wade’s distinction which stated that â€Å"that convention is imprecise in comparison to the precise form of law†. Therefore the aforementioned examples highlight that Professor Wade’s respective explanation although rightful in some aspects; the distinctions made can seem too broad and relatively inaccurate in some arspects in defining a convention and comparing it to the natural form of law. Bibliography Ward, R. (1997) Cases on Constitutional Administrative Law 4th edition, Pitman Publishing Horsey, K. (2009) Tort Law, Oxford University Press Leyland, P. (2007) The Constitution of the United Kingdom, Hart Publishing Turpin, C. (2007) British Government and the Constitution 6th edition, Cambridge University Press How to cite Constitutional and Administrative Law, Essay examples

Romeo And Juliet Tragic Hero Essay Example For Students

Romeo And Juliet Tragic Hero Essay One of the oldest and most debated questions of all time is whether our livesare governed by fate or by our personal choice. William Shakespeare, in Romeoand Juliet, brings this question to the surface. Although fate seems to controlwhat happens to Romeo and Juliet their choices contribute more to theirfate than fate itself. Although some reasons that Romeo and Julietdie are out of their control fate is not the largest reason that the lovers endup dying. For example, when Romeo hears of Juliets death before he is told thatit is being faked. Romeo heard of his loves death and rushed to her side tokill himself so he may lye with Juliet. The choice to kill himself is his alone,no one forces him to do it. The unfortunate circumstance that stops the Friarsassistant from delivering his message also aids the death of the lovers butdoes not cause it. Romeo doesnt need to hear of the Friars and Julietsdeception to stop them from dying. If he hadnt have done anything drastic theywould both hav e been alive and well. Also, Juliet could have told people abouther marriage to Romeo, accepted the consequences and then there would be no needfor the fateful message. Still, fate or circumstances above theircontrol do play a large role in determining the fate of the two young lovers. Itseems like Romeo and Juliet have the curse of bad luck throughout this story. Fate seems to cause Mercucio to be killed by Tybalt under Romeos arm. Thiscauses Romeo to want to avenge Mercucios death and Romeo then slays Tybalt. Hence, Romeo is forced to leave Verona or die and therefore one morecircumstance out of their control contributes to their deaths. This situation isput on Romeo without his consent. Romeo and the choice whether or not to avengeMercucios murder. Tybalt does not attack Romeo. Romeo goes after Tybalt withthe intent to kill him. To take it a step further, Romeo could stay in Veronaand face the wake of his actions. Many times Shakespeare refers tofate as being the reason that they died. When the Chorus uses thephrase Star-crossed lovers(1,1,6), this indicates WilliamShakespeares thoughts on what kills Romeo and Juliet. This tell the audiencethat Romeo and Juliet are destined for trouble. Romeo saying I am fortunesfool(3,1,145) after he kills Tybalt further emphasizes the point. Romeokills Tybalt yet he tries to blame fortune instead of blaming himself. He saysthat fortune tricked him and he fell for it. The unlucky manage of thisfatal brawl (3,1,154), spoken by the Prince after he hears a bout the deathof Tybalt confirms that Shakespeare feels that luck is what determines whathappens. The fact that they were from feuding families that hated each other andthey still continued the relationship. Yet, Shakespeare doesnt tell about thepoor judgement that the two young teenagers use. He tries to make it seem thatthey had no choice in the matter. What really plays the biggest part in theirdeath is not fate but the decisions of the two adolescents. Many choicescontributed to the end of Romeo and Juliet. Romeos choice to go to the Capuletparty where he met Juliet was one example of their choice. He knows that hisfamily and Juliets family hate each other. Still, he goes to their party fullyknowing what might happen. Furthermore, Romeo chose to seek after Juliet and tocontinue to see her. He could have just left and not have returned to her houseand gone to her balcony. By making this choice he sets up all the problems thatoccur later. Even if the later events happen by chance and it seem as if fatewas the reason that they died, their choices put them in that position. .u05db3bb0aab7e61288e9b6e106a78a7d , .u05db3bb0aab7e61288e9b6e106a78a7d .postImageUrl , .u05db3bb0aab7e61288e9b6e106a78a7d .centered-text-area { min-height: 80px; position: relative; } .u05db3bb0aab7e61288e9b6e106a78a7d , .u05db3bb0aab7e61288e9b6e106a78a7d:hover , .u05db3bb0aab7e61288e9b6e106a78a7d:visited , .u05db3bb0aab7e61288e9b6e106a78a7d:active { border:0!important; } .u05db3bb0aab7e61288e9b6e106a78a7d .clearfix:after { content: ""; display: table; clear: both; } .u05db3bb0aab7e61288e9b6e106a78a7d { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u05db3bb0aab7e61288e9b6e106a78a7d:active , .u05db3bb0aab7e61288e9b6e106a78a7d:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u05db3bb0aab7e61288e9b6e106a78a7d .centered-text-area { width: 100%; position: relative ; } .u05db3bb0aab7e61288e9b6e106a78a7d .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u05db3bb0aab7e61288e9b6e106a78a7d .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u05db3bb0aab7e61288e9b6e106a78a7d .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u05db3bb0aab7e61288e9b6e106a78a7d:hover .ctaButton { background-color: #34495E!important; } .u05db3bb0aab7e61288e9b6e106a78a7d .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u05db3bb0aab7e61288e9b6e106a78a7d .u05db3bb0aab7e61288e9b6e106a78a7d-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u05db3bb0aab7e61288e9b6e106a78a7d:after { content: ""; display: block; clear: both; } READ: My Miracle Babby EssayAlthough, Romeo pursued Juliet he isnt the only reason that they die. Julietschoices play a large part in deciding their end. Romeo woos Juliet but Julietcould have resisted. When he sends for her to marry him, she can decide not toshow up. They also could be honest and tell their parents. The parents might notlike it but at least Romeo and Juliet wouldnt die. When Juliet chooses to drinkthe potion and not go with Romeo and leave Verona she makes a way for chance tocome into play. She could have left and lived with Romeo, but she