History and Development of Equity Essay

It is important to appreciate, especially when reading older cases on the law oftrusts, that there were, until 1873 in England, two main separate courts – courts of lawand courts of equity. Trust law was a product of courts of equity. We will thus look at:(i)the meaning of â€Å"equity† that is associated with courts of equity;(ii)the origins of courts of equity; (iii) the development of the law of uses and trusts; (iv) the transfer of equity jurisdiction to Canada; (v) the current status of the fusion of law and equity. II. Objective: Be able to describe four different meanings that might be associated with â€Å"equity† andthe definition of â€Å"equity† that is important for our purposes. The word â€Å"equity† has several different meanings. Let’s examine some of thosemeanings and then focus on the meaning that is important to us in understanding the lawof trusts. A. Equity as â€Å"Fairness† One meaning of the word â€Å"equity† is â€Å"fairness† or â€Å"justice†. This is oftenreflected in expressions such as â€Å"employment equity†, â€Å"pay equity† or â€Å"distributionalequity†. People speak in terms of what is â€Å"fair† or â€Å"just† but there is often considerabledisagreement as to what is fair or just. This concept of â€Å"equity† is not the concept ofâ€Å"equity† that we mean when we speak of what courts of equity did. B. Equity as Net Worth The word â€Å"equity† is also used to mean net worth. That is, the amount one retainsafter creditors have been paid. For instance, shares in a corporation are often describedas â€Å"equity investments†. The shareholders are entitled to what is left over after thecreditors are paid off. Similarly, people speak of having â€Å"equity† in their house. Forexample, a person might buy a $400,000 house by making a $100,000 downpayment andborrowing the remaining $300,000 to pay the rest giving the lender a security interest (orcollateral) in the house by way of a mortgage. The $100,000 would be that person’sequity in the house. If the person were able to pay off $50,000 on the loan then theperson’s equity in the house would rise to $150,000 (i. e. the value the person would have 2 invested in the house net of paying the lender (or creditor)). The person’s equity in thehouse would, of course, vary with the market value of the house. This use of the word â€Å"equity† has its origins in a creation of courts of equity. Courts of equity developed the concept of the equity of redemption. To borrow money aborrower often had to provide some form of security interest (or collateral). A commonmethod of doing this was to convey the legal title to the lender until the debt was paid. The agreement under which the loan was made required the lender to reconvey theproperty to the borrower if the debt was paid by a specified date. If the borrower failed topay by that date the lender could keep the legal title to the property. Often lenders wouldretain the property even though the borrower was just a day late in paying. Courts ofequity addressed this by allowing the borrower to pay in a reasonable period of time,often allowing the borrower as much as several years to complete payment on the debt. This was known as the equity of redemption – the right of the borrower to pay off thedebt and get the property back (and thus the value of the borrower’s interest (or equity ofredemption) was the value of the property less the amount of the unpaid debt. While the equity of redemption was a product of the courts of equity it is still notthe concept, or definition, of equity that we are looking for. C. Equity as a Corrective to Law Legal rules can work injustices in situations that weren’t anticipated when the rulewas created. All legal systems need some mechanism to address this problem. In civillaw systems it is usually a combination of broadly drafted code provisions and liberalinterpretation together with a concept of non-binding precedent. In England courts ofequity arguably had their origins in the performance of this corrective to law function. But as courts of equity developed they developed their own rules that were often rigidlyinterpreted and thus arguably came to no longer perform this corrective function. D. Mere Equities There are also what are referred to as â€Å"mere equities†. These are defences to legalactions that were created by courts of equity. Consider, for instance, the defence of setoff in the context of an assignment. In the 17 th century courts of equity developed the concept of assignment. Suppose, for example, A owed B $10,000. B could assign to Cthat right to receive $10,000 from A. But suppose that B owed A $3,000 in a separatetransaction. If B had claimed the $10,000 from A, A could have set the right to receive$3,000 from off against B’s claim for $10,000 (i. e. allowing A to just pay $7,000). C wassaid to take â€Å"subject to the equities† when B assigned to C the right to receive $10,000from A. That allowed A to assert the right of set off against C thus allowing A to just payC $7,000. C would have to seek the other $3,000 from B. Other â€Å"mere equities† that Ctook subject to would include claims that A might have as defences to B’s claim. Forinstance, A might have claimed against B that the debt arose due to duress, mistake,misrepresentation or fraud. A could also assert these defences against C. In other words, 3 C took subject to the equities of the situation between A and B. These defences of Awere so-called â€Å"mere equities†. E. Maitland’s Definition of Equity The meaning of equity that is relevant for our purposes is the meaning thatMaitland gave: â€Å"Equity is now that body of rules administered by our †¦ courts of justice which,were it not for the operation of the Judicature Acts, would be administered onlyby those courts which would now be known as Courts of Equity. † Equity came to be a body of rules. Here is a simple story that perhaps roughlycaptures how this came about. Spouses A and B have two children, X and Y. Oneevening X goes to spouse A and asks to stay up beyond the specified bedtime of 8:00p. m. X argues that there are special circumstances that particular night in favour of beingable to stay up beyond the normal bedtime. A says no. The rule, according to A, is thatbedtime is 8:00 p. m. – no exceptions. X goes to spouse B, the established ultimateauthority in the house, and makes the argument in favour of extending bedtime to 8:30p. . on the particular evening. Spouse B thinks the arguments in favour of extending thebedtime are fair and allows X to stay up until 8:30 p. m. The next night child Y goes tospouse A to ask for an extension of bedtime beyond the normal bedtime of 8:00 p. m. Spouse A sticks to the rule of 8:00 p. m. so Y goes to spouse B. Y makes arguments infavour of extend bedtime on this particular night to 9:00 p. m. The perceptive spouse B(whose pe rception greatly shortens the story) sees the potential for things to unravelthrough a series of claims for exceptions. Spouse B realizes that some restrictions, orrules, will be needed on just when the decisions of spouse A will be interfered with. Spouse A in the story is, of course, intended to be somewhat analogous to a court of lawwhile spouse B represents a court of equity. While spouse B, or a court of equity, mightbegin with the simple notion of doing what is â€Å"fair,† or providing a â€Å"corrective† to thelaw, eventually some rules are created as to when a â€Å"corrective† order will be provided. TheChancellor would draft new writs for actions in the common law courts but by 1350 thecommon law courts had begun refusing new writs on the basis that they were not inconformity with the law. This led to more substantive bases for complaints wherelitigants felt they could not get justice in the common law courts. It was in the context ofthese complaints that the Chancellor began performing equity in the sense of a correctivejustice. For example, courts of law at the time took written documentation of a debt asirrefutable evidence that the debt was owed. Normally when the debt was paid thewritten document would be cancelled. Sometimes, however, the document was notcancelled and the lender would claim again on the debt. Because the written documentwas irrefutable evidence of the debt, the debtor could not prove by other means that thedebt had been paid. The debtor could then file a bill with the Chancellor and provideother evidence that the debt had been paid. The lender would then be called upon toanswer a series of questions posed by the Chancellor. If the defendant (the lender) couldnot provide satisfactory answers the Chancellor would make an order telling thedefendant not to enforce the judgment received from the common law court. This cameto be known as a â€Å"common injunction. † 5 3. Equity Follows the Law and Acts in Personam Here one can see a couple of important things about equity. First, equity followsthe law. The Chancellor did not say the common law rule that written evidence of thedebt was irrefutable. That rule remained. Thus equity took the common law as given andsimply acted in response to decisions of the common law courts. This is sometimesreferred to as the rule that equity follows the law. Second, equity acts in personam. Theorder of the Chancellor did not create a legal right or a property right. If the Chancellorfound in favour of the plaintiff the Chancellor would make an order against thedefendant. 4. From Ecclesiastic Chancellors to Non-ecclesiastic Chancellors Until the early 16 th century chancellors were bishops, archbishops or even cardinals. They were thus usually trained in Roman law and canon law (perhaps lendingsome weight to the notion that the law of trusts may have had its origins in Roman lawand canon law concepts). After the early 16 th century chancellors were seldom ecclesiastics. By the mid 15 th century (around 1430) a court of chancery was set up at Westminster. B. Development of the Law of Uses and Trusts Objectives: 1. Note the early form of the â€Å"use. † 2. Identify and explain three ways in which the â€Å"use† was employed in its earlydevelopment. 3. Note the non-recognition of the use and one of the benefits of its non-recognition. 4. Briefly discuss the recognition of the use. 5. Discuss the reasons for the Statute of Uses and its effect. 6. Note two word formulas that were used in an attempt to avoid the Statute of Uses andthe eventual recognition of these formulas. 7. Explain the reason for the enactment of the Statute of Wills. . â€Å"Uses† – Franciscan Friars, Crusades and the Form of the â€Å"Use† Uses and trusts was an area in which the Chancellor began developing a body ofsubstantive law. As noted earlier, early forms of trusts may have included the concept ofthe use employed by donors to Franciscan friars or by owners of estates leaving on thecrusades. These early forms of t rusts were expressed as conveyances to the use ofanother. In other words, X would convey property â€Å"to A to the use of B† (â€Å"use† derivingfrom the Latin term opus, ad opus meaning â€Å"on behalf of†). In addition to the possible 6 early employment of uses by Franciscan friars or in relation to the crusades, people cameto realize a number of other ways of employing â€Å"uses† to their advantage. 2. Other Ways in Which the Use was Employed a. To Avoid the Feudal Burdens of Wardship and Marriage For instance, the use could be employed to avoid the feudal burdens of wardshipand marriage. The male heir of a tenant under the age of 21 and the female heir of atenant under the age of 16 became the ward of the Lord if the tenant died. The Lord tookthe profits of the land until the child reached the age of 21 (or 16 in the case of a female)and had the right to determine the marriage of the child. This could be avoided byputting the land in the hands of one’s friends, say A, B and C, for one’s own use (i. e. Xconveys to A, B and C for the use of X). This way if X died the feudal burdens ofwardship and marriage did not apply to X’s children since X did not â€Å"own† the land (i. e. was not the legally recognized tenant). A, B and C were the legally recognized tenantsand it was they who owed the feudal burdens. If A died, however, A’s children did notbecome wards of the Lord because the rights in the land passed to B and C by right ofsurvivorship. b. To Avoid the Feudal Requirement of Forfeiture for Treason or Escheat for Felony Feudal land law required that the rights to land be forfeit for treason or wouldescheat to the Lord if the tenant commited a felony. This could be avoided by theemployment of the use since once X conveyed the property to others for the use of X, Xwould no longer be the legal owner (or tenant). Thus commition of treason or a felonycould not result in forfeiture or escheat since X had no property to forfeit. X, however, could still enjoy the profits or use of the land by virtue of the device of the use. c. To Avoid Creditors The use also allowed one to avoid creditors. X would convey to A, B and C to theuse of X. If creditors sought to claim the rights to the land as an asset of X, X’s simpleanswer was that the rights to the land did not belong to X. This was facilitated in theearly days not only by courts of aw not recognizing the use but by the fact thatChancellor also did not, in those early days, recognize the use. Thus X had no legal titlethat the creditors could seize and also had no equitable title that the creditors could claim. d. To Effect Testamentary Dispositions of Land Courts of law held early on that one could not, on one’s death, make a gift of landby testamentary disposition. This was avoided by conveying the property during one’slife to another for the use of oneself and then, on death, to the use of those to whom onewished to make a gift. In other words, X would convey the property to A for the use of Xduring X’s life and then to the use of Y. 7 3. Non-recognition in Courts of Law or byt the Chancellor The use was not recognized in courts of law. Initially it was also not recognizedby the Chancellor. Thus there was no legal mechanism for enforcing uses. It was largelya matter of honour and one had to rely on other mechanisms of enforcement rather thanan order for damages from a court of law. On the other hand, it was the non-recognitionof the use in courts of law that gave it some of its advantages. For instance, theavoidance of creditors or feudal burdens depended on the law not recognizing the cestuique use as having any right or title to property enforceable in a court of law (or even anequitable interest recognized in the Court of Equity). 4. Subsequent Recognition by Chancellor This reluctance of courts of law to enforce uses led to appeals to the King toenforce the use. Appeals to the King were made on the basis that the King was theresidual source of justice. The King could provide justice where the courts wereunwilling to (or unable to because the complaint did not fall within the recognized formsof action). Initially the Chancellor did not recognize the use but, with an increasingnumber of complaints against faithless trustees, the Chancellor began to recognize usesby about the beginning of the 15th century (in 1420). The Chancellor would make anorder against the feoffee to uses (trustee) to comply with the obligations they had agreedto in favour of the cestui que use (beneficiary). For example, if A conveyed land to B forthe use of C but B retained the profits of the land to himself C could complain to theChancellor. The Chancellor would call upon B to explain why he had kept the profitsand if he had no good explanation then he would be ordered to restore the profits to C(i. e. , what we would now call the remedy of â€Å"accounting†). The right of the cestui queuse was against the feoffee to uses and thus a personal (or in personam right) but later itwas held that these beneficial rights could be enforced against third parties other than abona fide purchaser without notice and thus the right of the beneficiary came to lookmore like a proprietary (or in rem) right. 5. Later Statute of Uses to Prevent â€Å"Uses† The recognition of the use by the Chancellor led to an increased employment ofthe use. The employment of the use to avoid feudal burdens led to a reduction in thefeudal rights to Lords, most notably to the ultimate Lord, the King. There was also theconcern that rights created through the use could be created without writtendocumentation (i. e. , orally or by an oral direction to the foeffee to uses). The King’sresponse was to urge Parliament to pass the Statute of Uses in 1535. This statuteprovided that the person in whose favour the use was made became the legal owner of therights to the land. In other words, prior to the Statute of Uses when X conveyed to A for the use ofB, A was the legal owner of the land but it was to be used for the benefit of B. After theStatute of Uses when X conveyed to A for the use of B the conveyance to A was ignored 8 and the whole expression was treated as a conveyance directly to B. Thus B became thelegal owner. So let’s go back to the employment of the use by X to avoid the feudal burdens ofwardship and marriage. X conveys to A, B and C for the use of X. This conveyance onlyoperated to convey property from X to himself and thus was no conveyance at all. Inother words, X could no longer avoid feudal burdens by the employment of the use. Xstill had the legal title to the land in spite of the purported conveyance. 6. Ways Around the Statute of Uses As suggested above, the use had a number of advantages. Not surprisinglyattempts were made to recapture its benefits despite the Statute of Uses. It was not longbefore creative ways were found to avoid the effect of the statute. Of the techniques ofavoiding the Statute of Uses perhaps the most important was the employment of a useupon a use. The use upon a use was effected by conveying â€Å"A to B for the use of C in trust forD† or â€Å"A unto and to the use of B in trust for C†. In the first wording the Statute of Usesoperated to make C the legal owner of the land. But C held the land in trust for D. Courts of law did not recognize the second use (or trust) since it was repugnant to the usegranted to C [Tyrrel’s case (1557), 73 E. R. 336]. Initially Courts of Chancery alsorefused to recognize the second use. Courts of Chancery, however,later came torecognize the second use [in Sambach v. Dalston (1634), 21 E. R. 164]. The effect of this was that the use was restored to its pre Statute of Uses statesimply by the addition of a few words in the form of conveyance. 7. The Statute of Wills One of the advantages of the use was to effect a testamentary disposition of rightsin land. With the enactment of the Statute of Uses, and before the recognition of the useupon a use, the use could no longer be employed to effect a testamentary disposition ofproperty. The apparent abolition of the testamentary employment of the use was not wellreceived. It led to a rebellion which resulted in the Statute of Wills in 1540 whichpermitted a person make a testamentary disposition of property. 9 C. Development of Equity and Trusts After 1550: From â€Å"Conscience† toâ€Å"Equity† Objective: Briefly describe the development of Equity and trusts from 1550 to 1700. 1. Growing Popularity of Courts of Equity and Conflict with Courts of Law The early simplicity of procedure in Chancery courts made them popular. Thenumber of matters brought before the court of chancery in the 16 th century grew significantly. This led to competition between Chancery and common law courts. Judges in common law courts did not like the common injunctions issued by Chancerycourts. In Finch v. Throgmorton in 1598 [3 Bulstr. 118] the validity of commoninjunctions was referred to all the judges of England and were pronounced by them to beinvalid. Lord Chancellor Ellesmere continued to issue common injunctions. Lord Coke,who became chief justice of the Court of King’s Bench in 1613, criticized commoninjunctions claiming that the tendency of courts of equity to re-examine common lawjudgments and to issue orders against the enforcement of common law judgments tendedto subvert the common law. In Heath v. Ridley in 1614 [2 Cro. 335] Lord Coke broughtthe issue to a head when he refused to accept a common injunction issued by LordEllesmere. The King ruled in favour of Lord Ellesmere and Lord Coke was laterdismissed from office. 2. Courts of Equity Survive the Civil War and Removal of the Monarchy After the English Civil War in the 1640s and 1650s Parliament voted in favour ofthe abolition of the court of chancery (in part because of its close association with themonarchy) but the House could not agree on legislation to transfer chancery jurisdictionto the common law courts. Thus the court of chancery survived through to the restorationof the monarchy. 3. Seventeenth Century Developments – Equity as a Body of Substantive Law By the late 17th century the role of Chancery was expanding with control overwardship and the development of fiduciary guardianship, the equity of redemption, andassignment of choses in action. In other words, the court of chancery was developing itsown substantive law. The court was applying â€Å"equity† as a body of substantive law ithad developed and was less the court of â€Å"conscience† it had been in the past. Many developments in equity came to be reflected in the â€Å"common law† itself oftenthrough legislation (e. g. Statute of Wills), but sometimes by common law courtsborrowing concepts from equity. The development of reporting of Chancery decisionsafter 1660 contributed to the development of a body of principles of equity. By the endof the 17th century the court of chancery had developed concepts such as the equity ofredemption and the assignment of choses in action. 10 The way the trust was being used was also changing. By the late 17th century thetrust was being used not just to hold property but to manage property by giving trusteeswide powers to manage the property, improve it, mortgage land, pay off debts, provideincome for widows and dependants, educate children, etc. D. Equity and Trusts, 1700-1900: Disaffection, Reform and FusionObjective: Briefly describe the development of Equity and trusts from 1700 to 1900. There were developments of equity in the 18th century. Equity was the mainsource of protection of copyrights and trademarks since these could be protected throughthe equitable remedy of injunction. Equity† was becoming more and more a body ofsubstantive law rather than just a collection of equitable maxims. The 18 th century also saw the development of of the business trust in part inresponse to the Bubble Act of 1720 that had prohibited an early precursor to thecorporation referred to as a joint stock company (which was really a large partnership). Trusts in the 18 th century in creasingly took the form of a fund of investments, such asstocks and bonds, that the trustee would administer for the benefit of others rather thanbeing used primarily for the holding of land. However, growing procedural complexity caused the court of chancery to becomeincreasingly slow and inefficient resulting in a reduction in cases. The Chancellor dealtwith all cases directly. Proceedings were done by way of written interrogatives followedby written depositions in response. Copies were made for all parties and werehandwritten by law writers. Fees were paid instead of salaries which gave personsinvolved an incentive to prolong proceedings. The slow process was remarked on by aToronto lawyer (Skivington Connor) in 1845 concerning the process of the court ofchancery in Ontario at the time, That’s the business I like, the pace slow and dignified, the pay handsome, and agentlemanly understanding among practitioners to make it handsomer. †There was some response to the slow pace of the court of chancery prior to the enactmentof the Judicature Act of 1873. In 1813 a vice-chancellor was appointed. A Court ofAppeal in Chancery was created in 1851 and the Court of C hancery was given powers touse juries to try facts. Similarly in the 19 th century common law courts were given powers to grant injunctions and admit equitable defences. Thus there was somemovement toward fusion of courts of law and courts of equity. Eventually the Court ofChancery was abolished in 1873 and the common law courts took over the administrationof both the common law and equity. 11 III. HISTORICAL DEVELOPMENT OF EQUITY IN CANADA Objectives: Be able to briefly trace the history of the exercise of equitable jurisdiction in the Atlanticprovinces, Ontario, Quebec, the West and the North. The reception of equity jurisdiction in Canada varied from province to province inthe eastern provinces. The timing of the settlement in and creation of most of the westernprovinces was in the latter part of the 19 th century when the merging of courts of law and courts of equity was already being considered in England. A. Atlantic Provinces In Nova Scotia the Governor, as Keeper of the Great Seal, exercised equityjurisdiction (as early as 1751 when the first bill in equity was filed). This approach wasextended to Prince Edward Island and New Brunswick when these colonies were created(in1769 and 1784 respectively). In Nova Scotia matters were decided on the advice of acouncil until 1764. In 1764 three â€Å"Masters in Chancery† were appointed to assist theGovernor. Initially these Masters in Chancery were not legally trained but by later in the19th century legally trained masters of the rolls were appointed in Nova Scotia, NewBrunswick and Prince Edward Island. The merging of law and equity jurisdiction occurred in New Brunswick and NovaScotia well before the enactment of the Judicature Act in England in 1873. In NewBrunswick in 1854 and in Nova Scotia in 1855 the position of master of the rolls wasabolished and equity jurisdiction was transferred to the Supreme Court. The merging ofcourts of law and courts of equity in Prince Edward Island did not occur until 1974. Newfoundland did not follow the model of the Governor exercising equityjurisdiction. Instead equity jurisdiction was exercised by the Supreme Court and thispractice was later codified in 1825 (almost 50 years before the merging of courts of lawand courts of equity in England). 12 B. Ontario and Quebec Quebec Equity jurisdiction lasted only briefly in Quebec. From the Royal Proclamationof 1763 the Governor of Quebec sat as Chancellor until Quebec Act of 1774 restored thecivil law system to Quebec. Ontario Governors in Ontario, curiously, refused to exercise equity jurisdiction. It hasbeen suggested that this may have been due to pressure from lenders since without theexercise of equity jurisdiction there would be no equity of redemption in favour ofdebtors. Eventually pressure from debtors mounted and a legislative form of equity ofredemption was adopted. The establishment of a Court of Chancery followed shortlyafterwards in 1837. This may have been in response to pressure from lenders again. Thelegislature having created a legislated equity of redemption for borrowers, the lendersmay have wanted to have the corresponding right of foreclosure which was also adevelopment of equity cutting off the right of redemption after a reasonable period oftime. The Ontario Court of Chancery was later absorbed into High Court of Ontario in1881. C. The West and North When courts were being established in the west and north the move towardsunifying courts of law and equity was well advanced. Thus when courts were establishedin these jurisdictions they were given jurisdiction over both law and equity. It was,however, the practice in Manitoba and British Columbia to have divisions of the courtwith a division administering law and another division administering equity with theusual restrictions on courts of law not being able to give equitable remedies. Later thesedivisions were abolished (e. g. , in Manitoba in 1895). 13 IV. FUSION Objectives: Be able to: (i)Distinguish between procedural and substantive concepts of fusion. (ii) Provide an example of the potential practical effect of the distinction. (iii) Briefly discuss the current status of the debate over the fusion of law and equity. A. Procedural vs. Substantive Fusion What did the Judicature Act in England in 1873 do? Did it merge the rulesapplied by courts of law and the rules applied by courts of equity into a single body oflaw? Or did it simply allow for court proceedings to be started in one court that hadjurisdiction to apply rules of law and rules of equity without any formal merging of thetwo bodies of rules? In other words, did it provide for substantive fusion or proceduralfusion? Substantive fusion means that the rules of law and equity are merged into a singlebody of rules. Procedural fusion means that one can apply to a single court following asingle court procedure and that court could administer both rules of law and rules ofequity and apply remedies of the sort that were formerly available in either a court of law(e. g. damages) or a court of equity (e. g. injunction, specific performance, accounting). The difference is often captured by the Ashburner’s [Principles of Equity (London: Butterworths, 1902)] so-called fluvial metaphor: â€Å"The two streams of jurisdiction, though they run in the same channel, run side byside and do not mingle their waters.In that metaphor law and equity are perceived as two separate streams (courts) that cometogether (in one court). Ashburner’s statement using the fluvial metaphor says that thefusion was procedural only. In other words, the two streams came together but the watersof the two streams (rules of law and rules of equity) did not intermingle but ran side byside in the same channel (i. e. could be applied by the same court). In the metaphorsubstantive fusion is perceived as an intermingling of the water from the two streams intoa single integrated stream. The Judicature Acts dealt with some areas of conflict and provided a general rulethat where rules of law conflicted with rules of equity the rules of equity were to prevail. Cases: [Walsh v. Lonsdale (1882)] [United Scientific Holdings v. Burnley Council, [1978] A. C. 904 (H. L. )] 14 [Fusion resulting in equity prevailing over common law or was it in fact common lawprevailing over equity] [LeMesurier v. Andrus (1986) Ont. C. A. ] B. An Example of the Practical Legal Effect Canson Enterprises Ltd. v. Boughton [1991] 3 S. C. R. 534 In Canson Enterprises Ltd. . Boughtonthe plaintiff had purchased land and thenbuilt a warehouse on the land. The warehouse was severely damaged when thesupporting piles began to sink. The plaintiff successfully sued the engineers but theyturned out to be judgment proof. The plaintiff then sued its solicitor who had made asecret profit from the purchase of the land. They claimed that as a solicitor the solicitorowed them a fiduciary duty not to make a secret profit from a transaction in which thesolicitor was acting on behalf of the plaintiff as purchaser. That claim was based onprinciples developed by courts of equity which had long held solicitor’s to owe fiduciaryduties to their clients and had drawn on the fiduciary duty principles they had developedin the context of trustees in setting out the scope of a solicitor’s fiduciary duties. The defendant solicitor claimed that while he would be required in equity toaccount for the profit he had made he would not be liable for the damages to thewarehouse (which were much greater than the secret profit) because his secret profit didnot ause the loss to the plaintiff from the damage to the warehouse. The plaintiff arguedthat since the claim for breach of fiduciary duty was a claim in equity principles such asremoteness, mitigation, and causation which were principles developed by courts of law,did not apply. In other words, the plaintiff was saying that there was procedural fusiononly. If a claim was based on principles that had been developed in courts of equity thenthe appli cable rules were only those drawn from developed by courts of equity not thosedeveloped by courts of law. C. The Current Status of the Fusion Debate A majority of the Supreme Court of Canada held that there was no real distinctionbetween damages in a common law claim and equitable compensation in a claim inequity and thus common law concepts of remoteness and causation could be used inassessing the remedy. In other words, they did not stick the solicitor with the fulldamages to the warehouse. Madam Justice McLachlin, as she was then, felt that theresult could be reached on equitable principles with respect to equitable compensation. Neither the majority judgment nor the judgment of Madam Justice McLachlin make itclear whether law and equity were substantive fused or merely procedurally fused. Theyboth seemed to feel that the application of common law principles and equitableprinciples in the particular case were consistent so their was no need to draw on commonlaw principles into an equitable claim. However, Madam Justice McLachlin did note thatâ€Å"we may take wisdom from where we find it, and accept such insights offered by the lawof tort, in particular deceit, as may prove useful. It thus appears that where there is aconflict one the court will resolve it with broader policy considerations. 15One should thus be alert to the potential differences between rules of law andequity and how they may impact the result but also be ready to argue for a particularresult from a policy perspective (much as the plaintiffs did in Canson by arguing that toensure that fiduciaries are held to high ethical standards they shou ld be strictly liable forall losses flowing from a breach of duty).

Life Support

The article â€Å"Do the Poor Deserve Life Support? † by Steven E. Landsbury raises the issue of whether or not we should keep people on life support when they cannot afford it. Although it is a horrible situation I feel that Baylor Regional Medical Center did the correct thing by removing Tirhas Habtegiris from her ventilator. If hospitals provided her and others with this service for free it would mean budget cuts. These cuts would affect the care which is provided for the rest of the general public. Also, it would mean that someone else's insurance or taxes would have to cover the cost of keeping her alive. I did some research and saw that to keep someone alive on a ventilator would cost between 2000-3000 per day. Financially, it would be a bad idea to try to save every single person, rich or poor. Seeing as how the poor obviously can't pay for themselves, it would cause a strain on society to pay and use their own money that they would need themselves for vaccines, surgery, medicine ect. The general public would suffer because they wouldn't receive the quality service which they have been paying for. Economically speaking, no â€Å"free† life support should be given to anyone that cannot contribute back to the industry that is paying for the procedure. Considering that the life support we are dealing with here is mostly ones that will prolong the death of an individual, there is little to no benefit to keeping an individual alive. In that regard, they should be denied their life support request and left to die from their condition. Simple law of economics. If the cost is greater than the benefit, do not do it. At the same time it would be ideal to provide everyone with life support. This shows in my opinion that our Medicare system needs to change. How we will go about it I do not know. The end of Ms. Habtegiris' life was tragic. Most of us won't have to make such a choice as whether to pull the plug or not, that is the good news. It was wrong for Baylor to pull the plug but it is clear that in the real world of limited medical resources that hospitals will be making similar decisions in the future. Life Support The article â€Å"Do the Poor Deserve Life Support? † by Steven E. Landsbury raises the issue of whether or not we should keep people on life support when they cannot afford it. Although it is a horrible situation I feel that Baylor Regional Medical Center did the correct thing by removing Tirhas Habtegiris from her ventilator. If hospitals provided her and others with this service for free it would mean budget cuts. These cuts would affect the care which is provided for the rest of the general public. Also, it would mean that someone else's insurance or taxes would have to cover the cost of keeping her alive. I did some research and saw that to keep someone alive on a ventilator would cost between 2000-3000 per day. Financially, it would be a bad idea to try to save every single person, rich or poor. Seeing as how the poor obviously can't pay for themselves, it would cause a strain on society to pay and use their own money that they would need themselves for vaccines, surgery, medicine ect. The general public would suffer because they wouldn't receive the quality service which they have been paying for. Economically speaking, no â€Å"free† life support should be given to anyone that cannot contribute back to the industry that is paying for the procedure. Considering that the life support we are dealing with here is mostly ones that will prolong the death of an individual, there is little to no benefit to keeping an individual alive. In that regard, they should be denied their life support request and left to die from their condition. Simple law of economics. If the cost is greater than the benefit, do not do it. At the same time it would be ideal to provide everyone with life support. This shows in my opinion that our Medicare system needs to change. How we will go about it I do not know. The end of Ms. Habtegiris' life was tragic. Most of us won't have to make such a choice as whether to pull the plug or not, that is the good news. It was wrong for Baylor to pull the plug but it is clear that in the real world of limited medical resources that hospitals will be making similar decisions in the future.

Devine Love vs Human Love Essay

End of the Affair both distinguish between divine love and human love. A common thread that runs throughout is the inconsistencies that are associated with human love and the unconditional nature of divine love. Both Greene and Lewis use familial, platonic and erotic love to illustrate the distinction between divine love and human love with the result that the reader appreciates that human love is superficial given for the wrong reasons while divine love is authentic love given for all the right reasons. Moreover, both Greene and Lewis use their protagonists to demonstrate that while human love is characterized by negative emotions such as jealousy and selfishness, divine love is kind and unselfish. This paper focuses on the varieties of love featured in both books and demonstrates how modernity tends to prioritize human love over divine love with a view to rationalizing how and why romantic, familial and erotic love, all forms of human love are displaced in both novels. In each of the novels, the inescapable message is that erotic love is fragile and recklessly teeters on the outer fringes of hate. C. S. Lewis’s Till We Have Faces: A Myth Retold As in Greene’s The End of the Affair Lewis’s Till We Have Faces: A Myth Retold Human love is unveiled for all its inherent flaws. Orual, the central figure in Lewis’s Till We Have Faces: A Myth Retold recounts her relationship with her sister Psyche. Through Orual Lewis permits his reader to follow the progression of that relationship laying bare the weaknesses associated with affectionate love that Orual has for her sister Psyche and how that love develops into possessive love. Exemplifying the frailties of human love, particularly familial love, Lewis also demonstrates how human love can be conditional and selfish by exposing the fragile relationship between Orual and her father. Perhaps more importantly, Lewis uses these unique familial relationships to demonstrate how selfish human love can transform into hate. In summary Till We Have Faces is a re-telling of the Greek mythical story of Cupid/Eros and Psyche. In Lewis’s re-telling the story is reconstructed through the eyes of Orual who is represented as unattractive and jealous and uniquely disgruntled by the Gods’ mistreatment of her. Psyche, the beautiful sister is the object to Orual’s affections. In this re-telling Lewis deliberately complicates familial love in that Orual’s love for her sister is obsessive. On the other side of the spectrum, Redival’s love for Orual is spurious and the love for Psyche by King Trom is self-deceptive. Fox’s love for Orual and Psyche is also transient. Lewis also ventures into sexual/erotic love which is multifaceted in Till We Have Faces. Orual’s love for Bardia is unrequited, Ansit’s love for Bardia is frustrating and of course there is the superficial infatuation of men for Orual in her veiled condition. Lewis also takes pains to demonstrate that self-love is destructive in presenting duality in Orual who loves and hates herself all at once. This duality is selfish and damaging at the same time. Above all however, the emphasis is on divine love and implicit in this re-telling is a transition from Greek Philosophical times to modern Christianity. (Hooper, 1996, 250) Father Peter Milward writes of Till We Have Faces: â€Å"The main themes are, (1) Natural affection, if left to mere nature, easily becomes a special kind of hatred, (2) God is, to our natural affections, the ultimate object of jealousy. † (Hooper, 1996, 250) Psyche as reconstructed by Lewis has a natural predisposition for affection for divinity whereas Psyche’s love for divinity coincides with Orual’s love for humankind particularly her love for Psyche. While Psyche’s love for the gods are first and foremost in her heart, Orual’s love for Psyche comes first and each sister regards her love as the natural love. For Orual Psyche represents â€Å"the beginning of my [Orual’s] joys. † (Lewis, 20) On the other hand, Psyche derives her greatest at a time just before she is sacrificed to Cupid as it is a means of bringing her closer tot he gods. (Lewis, 74) Orual’s love for Psyche however is aligned to hatred and becomes a means by which Lewis demonstrates the superficial nature of human love whether familial or romantic in nature. Orual’s so-called love and affection for her sister fluctuates from love to hate in a manner which can only leave the impression that the love is fickly to begin with and not based on sound principles or values. For instance the night before Psyche is sacrificed Orual reveals that her sister has â€Å"made me, in a way, angry. † (Lewis, 71) Moreover the following day, Orual dreams her sister â€Å"was my [Orual’s] greatest enemy. † (Lewis, 71) The remainder of the first part of Till We Have Faces is characterized by this king of fluctuations of Orual’s affections for her sister. The inconsistencies are not lost on Psyche who observes: â€Å"I am not sure whether I like your kind [of love] better than hatred. † (Lewis, 165) Superimposed in this aspect of human love as illustrated through Lewis’s Orual is the damaging elements of human love whether romantic or familial. Orual’s love for her sister is characterized by two fatal flaws. First she loves her sister in such a way that she easily allows it to fall into hatred. Secondly, Orual permits her hatred to rebound to the gods. The love-hate scenario from Orual to Psyche is connected to the gods to the extent that Orual permits her love for Psyche to become possessive. That possessive love turns to a dangerous jealousy which is borne out of the presumption that Psyche loves the gods to the exclusion of Orual who in turn holds the gods accountable for taking Psyche’s love from her. Orual’s jealousy is so strong that she’d rather the gods had killed her sister than made her immortal. She laments: â€Å"We’d rather they were ours and dead than yours and made immortal. † (Lewis, 291) Psyche’s love for the gods is interpreted by Orual as a theft by the gods. To her way of thinking the gods took Psyche’s love from her and she says as much, â€Å"Psyche was mine and no one else had any right to her. †(Lewis, 291-292) Lewis intent with respect to Orual’s reaction to Psyche and her affection for the gods were specifically delineated in a letter he sent to Katerine Farrer. Lewis explains in the letter that Orual’s jealousy and attitude toward her sister’s relationship with the God was intended to convey the typical reaction of family members when a relative gives his life to Christianity. Lewis explained in the letter that the reaction of family members is typified by Orual’s when: â€Å"someone becomes a Christian, or in a family nominally Christian already, does something like become a missionary or enter a religious order. The others suffer a sense of outrage. What they love is being taken away from them. † (Hooper, 249) In other words Orual’s angst with the gods finds its place in the kind of jealousy that one family member experiences when it appears to them that a loved one religion replaces them. In much the same way Orual’s bitterness stems from a jealousy which is founded on love. The self-destructive and selfish nature of human love is also succinctly illustrated through Orual. In Lewis’s characterization of Orual she increasingly subscribes to the notion that if she can’t have her sister then she will not permit anyone else have her. Orual convinces Psyche to look upon her lover, despite his warning to the contrary. In her way of thinking Orual perceives that she is saving Psyche and to prove her intention she cuts her arm. The danger of Orual’s love and the dangerous manner in which her love for her sister influences her thinking and perception are revealed in the following excerpt from Till We Have Faces: â€Å"How could she hate me, when my arm throbbed and burned with the wound I had given it for her love? † (Lewis, 169) Ironically, the gods whose love Orual condemns closely mirrors Orual’s idea of love which is self-serving and consuming. It is not until the novel nears its conclusion that Orual comes to the realization that how love was commandeered by avarice and self-satisfaction. In this way Lewis is able to expose the superficial nature of human love. This is finally accomplished with Orual coming to terms with and accepting that her desire to have Psyche, the Fox and Bardia all to herself was entirely wrong. Lewis uses Ansit to voice the meaning of real or divine love by having him provide a brief commentary on Orual’s love. Ansit, referring to Orual’s pursuit of Bardia notes that: â€Å"He was to live the life he though best and fittest for a great man—not that which would most pleasure me. † (Lewis, 264)

7 Days of Prayers for the Souls in Purgatory Essay

PREPARATORY PRAYER My Jesus, by the sorrows You suffered in Your agony in the Garden, in Your scourging and crowning with thorns, in Your journey to Calvary, in Your crucifixion and death, have mercy on the souls in purgatory, and especially on those that are most forsaken; deliver them from the torments they endure; call them and admit them to Your most sweet embrace in paradise, where You live with the Father and the Holy Spirit, one God, for ever and ever. Amen See more: Homeless satire essay Prayers from The Raccolta (Here say the prayer for the day) 0ur Father Our Father in Heaven, Your Kingdom come; Your will be done on earth, as it is in Heaven. Give us this day our daily bread; and forgive us our sins, as we forgive those who sin against us; and lead us not into temptation, but deliver us from evil. Amen. Hail Mary Hail Mary, full of grace, the Lord is with you; blessed are you among women; and blessed is the fruit of your womb, Jesus. Holy Mary, Mother of God, pray for us, sinners, now and at the hour of our death. Amen. Eternal Rest Eternal rest, grant unto them, O Lord; and let perpetual light shine upon them. May they rest in peace. Amen. Concluding Prayer Merciful Father, hear our prayers and console us. As we renew our faith in Your Son, whom You raised from the dead, strengthen our hope that all our departed brothers and sisters will share in His resurrection, who lives and reigns with You and the Holy Spirit, one God, for ever and ever. Amen. SUNDAY O Lord God omnipotent, I beseech You by the Precious Blood, which Your divine Son Jesus shed in the Garden, deliver the souls in purgatory, and especially that one which is the most forsaken of all, and bring it into Your glory, where it may praise and bless You forever. Amen. Our Father, Hail Mary, Eternal rest, etc. MONDAY O Lord God omnipotent, I beseech You by the Precious Blood, which Your divine Son Jesus shed in His cruel scourging, deliver the souls in purgatory, and among them all, especially that soul which is nearest to its entrance into Your glory, that it may soon begin to praise You and bless You forever. Amen. Our Father, Hail Mary, Eternal rest, etc. TUESDAY O Lord God omnipotent, I beseech You by the Precious Blood of Your divine Son Jesus that was shed in His bitter crowning with thorns, deliver the souls in purgatory, and among them all, particularly that soul which is in the greatest need of our prayers, in order that it may not long be delayed in praising You in Your glory and blessing You forever. Amen. Our Father, Hail Mary, Eternal rest, etc. WEDNESDAY O Lord God omnipotent, I beseech You by the Precious Blood of Your divine Son Jesus that was shed in the streets of Jerusalem while He carried on His sacred shoulders the heavy burden of the Cross, deliver the souls in purgatory and especially that one which is richest in merits in Your sight, so that, having soon attained the high place in glory to which it is destined, it may praise You triumphantly and bless You forever. Amen. Our Father, Hail Mary, Eternal rest, etc. THURSDAY O Lord God omnipotent, I beseech You by the Precious Body and Blood of Your divine Son Jesus, which He Himself on the night before His Passion gave as meat and drink to His beloved Apostles and bequeathed to His Holy Church to be the perpetual Sacrifice and life-giving nourishment of His faithful people, deliver the souls in purgatory, but most of all, that soul which was most devoted to this Mystery of infinite love, in order that it may praise You therefore, together with Your divine Son and the Holy Spirit in Your glory forever. Amen. Our Father, Hail Mary, Eternal rest, etc. FRIDAY O Lord God omnipotent, I beseech You by the Precious Blood which Jesus Your divine Son did shed this day upon the tree of the Cross, especially from His sacred Hands and Feet, deliver the souls in purgatory, and particularly that soul for whom I am most bound to pray, in order that I may not be the cause which hinders You from admitting it quickly to the possession of Your glory where it may praise You and bless You for evermore. Amen. Our Father, Hail Mary, Eternal rest, etc. SATURDAY O Lord God omnipotent, I beseech You by the Precious Blood which gushed forth from the sacred Side of Your divine Son Jesus in the presence and to the great sorrow of His most holy Mother, deliver the souls in purgatory and among them all especially that soul which has been most devout to this noble Lady, that it may come quickly into Your glory, there to praise You in her, and her in You through all the ages. Amen. Our Father, Hail Mary, Eternal rest, etc.

Post War Europe Essay

The World War II refers to the global conflict that took place between 1939 to 1945. Also referred to as the Second World War, the conflict involved many nations, especially the great powers. The conflict had two opposing military alliances, the Axis and the Allies (Hakim, p 8). This war has been considered as one of the most spread war in the world history since it involved the mobilization of more than 100 million military personnel. The Allies alliance during the war was made up of countries that opposed the Axis powers. The Big Three† or the three major nations that led the Allied Alliance were the United States of America, Britain, and the Union of Soviet Socialist Republic. Other nations that were part of the Allied Alliance included China, France, Poland, Australia, Canada, and South Africa. The Axis Alliance opposed the Allies, and it was led by three major Axis powers. These powers were; Germany, Italy and Japan. These three countries in September 1940 had signed a Tripartite Pact upon which the Axis Alliance was founded. Other nations that were part of the Axis Alliance included; Hungary, Romania, and Yugoslavia. Some the Axis co- belligerents included; Finland, India, Vietnam, and Iraq. The state of total war as a result of this conflict had the major nations that were involved use their scientific, industrial, and economic capabilities in order to develop weapons or plan military strategies that would maximize their probability of winning the war (Russell, p 15). It is estimated that over 70 million people were killed, with the majority being civilians. This made the war one of the deadliest human conflict to ever occur. The war began in 1939, and was triggered by the Germany’s invasion of Poland. This later led to the France, United Kingdom, and the United States declaration of war on Germany. Some of the well known events that occurred during the Second World War include; the Operation Barbararossa, Pearl Harbour attack and the Marco Polo Bridge incident. The war ended in 1945 and had the United States and the Soviet Union turn out to be the superpowers. The World War II broke out in Europe after Hitler led the Axis Alliance by first invading Poland. There were several major effects of Second World II on Germany and Europe.  In this paper, these effects will be discussed. Major effects of World War II in Germany Germany was one of the leading nations in the Axis Alliance against the Allies during the Second World War. Germany is considered to have developed some of the most sophisticated and most destructive weapons during the war. Together with the cost of military operations, Germany used a great amount of its finances to develop weapons for use during the war. The Nazi Germany which was led by Adolf Hitler invested great amounts of financial resources to cater for the costs of the war. In 1936, Adolph Hitler in his efforts to purchase war materials at low prices imposed price controls on the Germany people. Rationing later followed in 1939. Price controls that were put on food led to food shortages during the war. This led to the people growing their food and doing barter trade with their personal belongings for food. Compensation trade was born during the war; as a result of the wide spread barter trade. Due to the business to business transactions, many business firms hired a person who could barter a firms’ output. The barter trade was inefficient compared to the direct purchase of commodities and services using money. According to a Germany economist Walter Eucken self- sufficiency and barter trade were incompatible. Due to an extensive labor division, Germans’ economic system had been â€Å"reduced to a primitive condition† (Harlett 1978, p. 34). The Germany economy after the war was in shambles. In the housing sector, Adolph- Hitler scorched – earth policy together with the war had affected about 20 per cent of the housing. Germanys’ economic hardship had the food production per capita from 1938 to 1947 reduce by 51 per cent. In addition, the occupying powers had set the food ration between 1040 and 1550 calories per day. As compared to the industrial out put in 1938, Germanys’ out put in 1947 was only a third of the 1938 industrial output. Due to the death of a large number of working -age men during the war, Germany had inadequate labor. The economic hardship had triggered the Germany government to put in place measures that would rejuvenate the country’s’ economy. The government eliminated the price controls that were initially there, while the currency was reformed. This occurred in 1948. Later in 1948 and1949, there was reduction of the marginal tax rates. These measures saw the Germanys’ economy grow rapidly 20 years after the World War II. Germany’s economic problems can also be attributed to the World War I effects. Before the World War I, the German Empire had a prosperous economy. However,after the war,Germany’s economic prosperity was considered to have been ruined by treaties such as the 1919 Treaty of Versallies. The signing of the treaties by Germany together with the World War I effects led to great inflation in the early 1920s. Though Germany’s economy improved after the First World War, the economic problems that characterized this period to some extent came to affect Germany’s economy after the World War II. The first several years in Germany after the World War II were of great economic problems. This resulted from the destruction of property, land, and homes during the war (Klopstock, p 285). Furthermore, many Germans fled from their homes during the war, a situation that made working almost impossible. This reduced the economic productivity of the nation, whose negative effects after the war became evident. In addition to this, the industrial and agricultural production had drastically reduced in Germany. Many millions of people lacked food and clothing as the inflation raged in Germany. Food shortage had become severe and â€Å"each day, and particularly on weekends, vast hordes of people trekked out to the country to barter food from the farmers†(Wallich, p 65). Despite the economic problems that the Germans were experiencing, the political leaders were able to exploit the situation in order to build a very strong economy in future. The economic problems encouraged the German political leaders to focus on the future plans of reviving Germany’s economy. The leaders saw a new beginning in the ruined economy, where the economy was viewed as an instrument of prosperity. The need to have a prosperous economy would then assist the Germans to have a stable society, as well as to safeguard democracy. The leaders sought both the economic prosperity and social peace. A prosperous economy would also make sure that there was equal opportunity for all the German citizens so that eruption of a revolution would be prevented when bitter frustration of the underprivileged social groups was avoided. The reviving of the German economy and â€Å"economic system that had been reduced to a primitive condition† (Hazlett, p 34) due to the economic problems experienced as a result of the World War II became important. The economy was revived through the efforts of some Germans’ post war leaders such as Ludwig Erhard. The currency reforms that were introduced through the efforts of Erhard led to the abolition of the Reichmark and the Deutsche mark introduction. The installation of the new currency began in 1948 led to economic success. Furthermore, Erhard abolished the Nazi and the occupation regulations and rules. This was the beginning of a prosperous and free economy in Germany, which in turn established the foundation of a growing West Germany economy. Apart from the economic problems experienced in Germany, another major effect of the World War II(WWII) in Germany was the division of Germany into two (East and West Germany) for about 40 years. The division occurred in 1949 and ended on October 1990 to reunite the two sides. The three Allied Zones of Occupation were brought together to form West Germany. These three zones were those that were held by France, United Kingdom, and the United States. The two special territories in German’s two states were Berlin and the Saarland. Since the West was democratically organized, it considered itself to have exclusive mandate for all of Germany. The Yalta Conference that was held by the Soviet Union, United States, and the United Kingdom leaders aimed as paving the way forward for future arrangements with the Europe after the World War II. It was during the conference that the leaders decided to split Germany into four occupation Zones. These Zones included; the French Zone, American Zone, British Zone, and the Soviet Zone. West Germany was formed in 1949 and comprised of the Western Allied Zones. The Soviet Zones formed the East Germany, which was also referred to as the Germany Democratic Republic. The West Germany economy grew so rapidly due to the economic aid from the United States and also the Marshall Plan. But more importantly, the currency reforms that were introduced in West Germany strengthened the economy. Both the East and West Germany had mutual recognition of each other and the relation between the two was normalized by treaties such as the Treaty of Warsaw(1970),Basic Treaty(1972) and the Treaty of Moscow(1970). West Germany became cosmopolitan due to the western culture influences while East Germany was conservative. The East Germany adhered to the socialist ideologies, where there was less freedom as compared to West Germany. In addition, the West Germany government was more decentralized and East Germany had a government based on the Communist ideaologies. The reunification of the East and West Germany occurred on 3 October 1990 to form the Federal Republic of Germany, which is the current Germany. The Berlin Wall was constructed in 1961 to separate the two regions, but it was destroyed in 1989 after the reunification of East and West Germany. The third major effect of the World War II on Germany was the great advancement in technology. This resulted from German’s great technological ability to develop and use highly sophisticated and powerful weapons and industrial technology. Germany is considered to have developed and used some of the most powerful and sophisticated weapons during the World War II. For instance, Germany managed to develop powerful anti-aircraft weaponry, aircraft bombers, bombs, guns, rifles, and chemical weapons. The jet aircrafts which had been developed late during the war were advanced after the World War II. The Navy advancements during the World War II paved way for more technological development in the naval field. The German designs such as the Type VII submarine were used during the World War II, and the technology was later used after the war for greater advancement. For instance, after the division of Germany into West and East Germany, some of the German’s intellectual privileges that were of industrial advantage. The Allies who had control over West Germany confiscated Germans’ intellectual privileges and used them for their own companies. This led to rapid growth in industrialization due to the technology that had been developed by the Germans. Major Effects of World War II on Europe The World War II had so many countries involved, with the majority being from Europe. Examples of European countries that took part in the war included the United Kingdom, Italy, Germany, France, and Poland. These countries and Europe as a continent experienced some major effects of the World War II. One major effect of the World War II on Europe was economic problems. The World War II had demanded that nations that were involved in the conflict invest their scientific, industrial, and economic capabilities. This required huge amounts of financial resources. Before the war, many European nations had very strong economic abilities. The nations’ economic and population advantage was very essential for success in the war. In addition, the European nations that had major industrial and financial developments included Germany, United Kingdom, and France. Industrial development that had spread across Europe before the war had contributed to great economic development in the European nations. The Industrial Revolution had led to rapid economic growth, which put the European nations at a good position to compete with the United States of America which was then an economic might. The World War II led to the destruction of Europe’s industrial centers and this affected negatively the high production of products or commodities that would be sold to increase economic growth in Europe (Tucker, p 771). The European infrastructure that was greatly destroyed made it hard for the citizens to undertake activities that would contribute to the economic growth. The European countries during the war had continued to increase their spending on developing and producing military weapons. There was construction of strategic road network by some European nations with the aim of increasing their probability of winning the war. The need for synthetic rubber and oil from coal to use during the war promoted great financial investments by the European nations. For instance, Britain’s’ economy was harnessed to the World War II efforts. The destruction of Europe’s infrastructure led to economic problems. The damage of the road and rail networks during the war made it very difficult for the European nations after to move the essential goods from one place to another. The economy was exhausted, a good example being Britain’s economy. For the European countries that were involved in the World War, their economies experienced severe inflation. Though rationing and luxury goods absence in Europe before the war had encouraged people to save, the people were unable to spend their savings since there were no commodities to purchase as would be preferred. The economic hardships in Europe made some European countries to borrow heavily from other nations with a strong economy such as the United States. The economic hiccups in Europe were later followed by economic recovery, where the currency reforms â€Å"quickly reestablished money as the preferred medium of exchange and monetary incentives as the prime mover of economic activity† (Heller, p 215). Another major effect of the World War II on Europe was environmental destruction. The World War II resulted to great environmental destruction. In many cases, any warfare or military conflict has very devastating effects on Europe’s natural environment. Improvements in technology during the war led to the invention of military weapons that were very destructive to the human life as well as the natural ecosystems. For example, the use of powerful and sophisticated bombs in the war destroyed animal and plant life. Furthermore, new chemical components that made up the weapons were released into the environment. This affected the soil fertility and composition, and this made it impossible for land to regain its fertility. The chemical components released from the explosives used in the war made it impossible for some arable land to be productive again. Many parts of Europe that acted as military grounds experienced great environmental degradation. The technological advancements during the World War II were incompatible with environmental preservation. War can never be compatible with the preservation and conservation of the natural environment. The environmental degradation that was occurring during the war was not a bother to the parties that were involved in the war. The military operations, destruction of natural vegetation to build communication lines and roads, and artillery shelling destroyed the environment. The new and effective ways military strategies that were used by the different nations’ forces to attack the enemies or defending themselves from the enemies increased environmental destruction. Long after the war ended, Europe’s natural environment has not yet recovered from the destruction it experienced during the war. In the era of technological advancement and industrialization, environmental issues seemed to cause very little concern in Europe, hence the effects of the war have proved that the war through technological advancement had become a great environmental threat. The increased use of chemical weapons resulted to long-lived negative effects on the environment. The waste disposal practices during and after the war in Europe resulted to â€Å"significant contamination of soils and ground water with high explosives† (Pennington et al, p 163). For example, the use of high explosives has made the recovery of the environment from destruction in Europe almost impossible. Consequently, the environment has become a health hazard to the people with the land mines that are still trapped in the soil/lands making some parts of the Europe land inhabitable. The areas were turned into waste land. Great technological advancements were another major effect of the World War II was witnessed in Europe. These changes that were witnessed were as a result of the nations that took part in the war struggle to invent and use better and powerful military weapons than their rivals. The technological development during and after the First World War promoted more advancements after the World War I . This is because, the improvements made after the World War II were an improvement on those that had earlier been invented. The inventions were considered as very critical when it came to winning the war, and this promoted technological inventions that were very instrumental to the economic development of many European nations after the war. The use of radio’s and electricity became possible due to the technological development witnessed during the wars. Research that had been intensively done by the Allies and the Axis with the aim of outdoing each other’s weapons became very important to more inventions after the war. The technological innovations of the war paved way for the naval technological development witnessed up to date. For instance, the introduction of aircraft receivers and radio communication systems during the war led to more development in naval industry long after the war. The technological advancement became a very vital requirement for survival during the war no doubt led to greater inventions after the war in Europe. Conclusion The World War II has been considered as one of the most devastating conflict to ever occur. This is due to the high number of people who were killed during the war. The various nations that were involved in the conflict invested greatly to the war efforts through finances and scientific inventions. Germany was one of the major players in the conflict and it proved to have great ability to develop and use powerful weapons against its enemies. The major effects of the war were both positive and negative. While some effects have been devastating to the people and the natural environment, others have brought about development in various fields of economic growth

Comparison of Healthcare, Nursing Care, and Nursing Education in the Research Paper

Comparison of Healthcare, Nursing Care, and Nursing Education in the US and Ireland - Research Paper Example This paper declares that the US spends more money per capita on healthcare than any other nation in the world. In fact a large chunk of the national income is spent on healthcare every year. Considering the very high cost of healthcare in the United States, the country has the third highest healthcare budget in the world. Irrespective of the gargantuan healthcare expenditure, when it comes to parameters like infant mortality and life expectancy, the US tends to fall behind other developed nations. Though there are many government funded healthcare programs, yet they are mostly limited to the veterans, the elderly, the poor, children, and disabled This essay stresses that in contrast to the United States, Ireland does affiliate to the provision of universal and compulsory healthcare. The healthcare in Ireland is administered and managed as per the provisions of the Health Act 2004. This act brought into existence a statutory body called the Health Service Executive, which is responsible for providing Universal Healthcare to everyone living in Ireland. There also exist private healthcare facilities in Ireland. The Health Service Executive runs a vast network of health centers scattered across the cities and rural areas of Ireland that are capable of extending a wide range of primary healthcare services. The Health Service Executive also runs and operates many hospitals in Ireland. There also are many hospitals run by voluntary and non-governmental organizations (Tassing, 2006). Most of the hospitals in Ireland are capable of providing a complete range of healthcare and emergency services. Most of the healthcare payments in Irel and are funded by the state. Because of

Does it make sense to say that a fetus has a right to life Explain the Essay

Does it make sense to say that a fetus has a right to life Explain the general beliefs about the nature of rights which underp - Essay Example This is an interesting debate since it brings out the most intriguing debates on abortion and its legality. This paper will bring out the philosophical arguments that surround the notion of life and juxtapose them to each other in an attempt to reach a conclusion. It will be an effort when one can claim that fetus acquires the right to life in the process for pregnancy and that there is no outright black or white answer to the question of whether fetus has a right to life. To begin with, the central issue in this question is the status of the fetus. There are in total three different philosophical grounds for this debate: the liberal, the conservatives, and the moderates. Let the paper begin with the liberalist’s argument on the topic. Mary Ann Warren, a famous liberalist on this notion, analyses the concept of personhood. Her claim is that if one assumes fetus to be a person, then it justly proves its right to life but then the whole question boils down to the definition of p ersonhood. Therefore, Warren suggests a five-point postulate, which is agreed upon by pro-life and pro-abortion alike (Baumgardner, 15). First, a person is conscious of objects and events, which exist externally and internally with respect to his being particularly, the ability to sense pain. Second, a person can exercise reasoning, which means that one has a capacity to solve complex problems. Third, a person can carry on activities on motivation derived by his own self. Fourth, a person has an ability to communicate and lastly, a person is the one who possesses self-concept and self-awareness. Using this as a criterion, warren argues that despite the fact that the fetus will eventually grow up to be a person fulfilling all these standards, it does not, in its present status possesses any moral status and thus a right to life. However, one cannot ignore that this definition of personhood and demolishing fetus from being considered a person legally provides just grounds for infantic ide. Thus, the argument of personhood becomes illogical and irrelevant until a divine ‘rationale’ is introduced. Hence, this definition of personhood denies the potentiality and eccentricity of the fetus. Now the paper turns to conservatives. These people argue that a fetus has a moral status since the day of conception. John Noonan, a pro-life activist defies the argument of stages of development of fetus. He contends that these stages do not exist in real and that the human development takes place with continuity. He notes that whether the fetus is a result of rape or not planned or is a sufferer of any defect, these exceptions should not be exempted from the rule. The only way this school of thought permits abortion is when the embryo poses danger to the life of mother. Between these polar and raging extremes lies the moderate school of thought. Jane English, a famous proponent of this view suspects the concept of personhood explained by Warren and takes into conside ration both the views and gives her decision in favor of what US Supreme Court decided a in the case of Roe vs. Wade in 1973 (Romaine, 105). Her basic

Putting sport in context Coursework Example | Topics and Well Written Essays - 1750 words

Putting sport in context - Coursework Example ly, the planner has to take into consideration knowledge and understanding of the sport, have cognitive skills and generally approach coaching sessions from a professional perspective (Garland, Malcolm, & Rowe 2000). The second activity, actual coaching of children, is a physical activity. This is because coaching in today’s society demands the physical input and practical participation of the coach. Giving a player the instructions to conduct an activity for instance is not as effective as actually showing them what requires to be done. As such, the coach participates as much as the players in the activities scheduled for a coaching session. This fact can be explained through the transformation of the sports arena from the early 1900 when a swimming instructor, for instance, would guide a swimming session from the sidelines of a pool and would assist a troubled swimmer, without necessary getting into the water, with a long pole. In contrast, today’s swimming instructor is always in a swim suit ready to dive into the water should the need arise. In addition to this, swimming instructors get into the water themselves during training sessions, practically illustrating the body move ments necessary (Study Guide 2008). Football has become a household name in most regions of the world. To most people, it is considered a sport since they engage in it for leisure purposes. The physical activity carried out in football serves to improve the experience in the sport as well as enhance efficiency. The major difference between a sport and a physical activity is the competitiveness involved. Physical activities are also not governed by any regulations unlike sports (Stevens 2008). Football entails teamwork, a virtue that is of importance in life, competitiveness and physical activity. In addition, the game is governed by rules set by an international body, Federation of International Football Association, FIFA. According to UNICEF (2004), a sport must be regulated

How to Use the Systematic Sampling Method Assignment

How to Use the Systematic Sampling Method - Assignment Example According to the research findings, when dealing with two different groups within a population, the most appropriate sampling method to use is the stratified sampling method. Specifically, this technique is a modification of simple either random or systematic sampling styles, where the population is divided into two homogeneous subgroups. Afterward, the sample is selected using either of the techniques mentioned above. In applying these techniques in the given case, first I would divide the groups into male and females. For instance, if there are men 1800 men and that of females are 900. Carrying out the systematic sampling for the males would be 20 (n) = 1800 and female would be 10 (n) = 900. In my estimate, the number of men makes up two-thirds of the population and females equal to one-third of the population; therefore, sampling technique applied, in this case, is called a proportional stratified sampling method. The eleven threats to internal validity are Selection, Maturation, History, Subject Effect, Instrumentation, Treatment Replication, Subject Attrition, Presenting, Statistical Regression, Diffusion of Treatment, and Experiment Effect. A true experimental design compares two identical groups of randomly picked participants, and that is the experimental group and the control group. The experimental group is subjected to a certain intervention (s) while the control group is used to assess the changes in the experimental group. Specifically, the control group gives the validity of the research by confirming that the changes experienced or because of the intervention and not any other factor.

A Comparison of Gifted Education in UK and Singapore Essay

A Comparison of Gifted Education in UK and Singapore - Essay Example This discussion declares that the citizens showed their unrest with the education system, especially because of the ongoing Western influence on Singaporean beliefs and values in the period 1965-1985. The younger and emerging middle class citizens encouraged the government to promote democracy and public participation in its decision-making processes concerning matters such as education. Singapore had a single party dominated government, which did not represent the opposing views of its citizens appropriately. To counter the negative attitude of its citizens, Singapore’s government introduced a systemic educational reform to improve the education system in the early 1980s. It streamed students according to their different academic abilities, and in consequence, they could focus and challenge their unique abilities. The Ministry of Education proposed this education system and termed it as ‘Ability-Driven Education’ system of education. The new streaming system enab led students to learn and evolve at their own intellectual learning speed.As the report discusses  groups of gifted individuals could now experience opportunities and gain due recognition. The gifted education program naturally became a basis of Singapore’s new education system following the conviction that the gifted and talented would serve as future leaders and propel the country to greater heights.  Gifted education refers to the special practices and procedures used in education of children identified as gifted or talented.

Phineas Taylor Barnum's American Museum 1842 to 1868 Research Paper

Phineas Taylor Barnum's American Museum 1842 to 1868 - Research Paper Example While in New York, Barnum purchased a museum and renamed it after himself. With the museum, Barnum found a platform which he used to promote hoaxes and human curiosities. Barnum began his entertainment career in New York. Barnum gets credited for revolutionizing and legitimizing spectacle. Barnum purchased and exhibited the Joice Heth. Joice Heth was an almost paralyzed and blind slave woman (Barnum and Cook 108). Barnum claimed the woman to have been over 160 years old and a supposed nurse to George Washington. Thousands got drawn to view Heith by paying an admission price. He toured the south with a small circus between 1836 and 1837. This circus tour appeared to be preparation for him to purchase his own museum with which he made a fortune. In 1841, he bought the Scudder American museum which he renamed to Barnum American museum. Barnum upgraded the museum building and added more exhibits making the museum a popular showplace in the process. Barnum added flags to the roof edge of the museum, and this helped attract attention during the day. A strolling garden got made out of the roof during the upgrade. The place then got lit up with limelight, which had just become invented then. His main idea revolved around making the museum an advertisement in itself. In the museum, Barnum filled it with a surfeit of exhibits and activities. Exhibits and activities within the museum revolved around panoramas, dioramas, scientific instruments and modern appliances. Through the museum, Barnum got to introduce his first major hoax which became known as the Feejee mermaid (Barnum 56). The Feeje mermaid was a creature that had the tail of a fish and a monkey’s head. Barnum justified hoaxes such as this claiming they were advertisements used to draw attention to the museum. The museum also exhibited a dwarf named general Tom Thumb. The dwarf got claimed to be the smallest person walking the earth, and he got used to amuse the public. The museum also exhibited a number o f exotic animals that included beluga whales, a hat claimed to be worn by Ulysses Grant, a tree trunk where Jesus and his disciples sat, giants, fat boys, a dog that could knit, flea circus and performances by magicians and fortune tellers, Uncle Tom’s cabin and minstrel adaptations of biblical tales. The museum gets reported to have received over 38milion visitors between 1841 and 1865. Visitors got charged a twenty five cent admission charge. The visitors got to view a revolving set of attractions at the museum (Cottrell 19). Barnum’s credit to show business gets associated with professionalism, public relations through advertisements and quality. Characters that provided dubious shows got thrown out of Barnum American museum. Barnum defended his hoax shows by claiming that the public had to first get attracted to the museum, and then later get provided with sensational entertainment while in the museum building. Barnum used newspaper advertisements and handbills to promote the museum (Barnum and Cook 88). The museum not only provided shows but also educational teachings. The museum’s theater which got known as the ‘lecture room’ got used by Barnum in providing temperance reforms and Shakespearean dramas. Barnum gets recognized by early historians as instrumental in the development of urban culture in the nineteenth century. The museum became the first of its kind in offering entertainment and amusement together with moral uplift and

Compare or contrast between ford musting and Nissan GTR Essay

Compare or contrast between ford musting and Nissan GTR - Essay Example The other difference to consider relates to their power Ford Mustang Shelby has a higher HP amounting to 550, while Nissan GT-R has a lower HP amounting to 545; hence, it is a bit lower than compared to the other car. The cars have another similarity, which relates to the number of passengers, whereby both have a capacity of carrying four passengers. The other similarity relates to the number of doors, and in this case, they have two doors. The cars have a significant difference relation to the base of transmission, whereby Nissan GT-R has 6-speed automatic, while Ford Mustang Shelby has 6-speed manual. Moreover, Nissan GT-R has an additional feature in relation to the transmission, whereby it has both automatic and manual mode, but Ford Mustang Shelby has only manual mode without automatic. The other difference relates to the drive type whereby, Ford Mustang Shelby has a Real-Wheel-Drive (RWD), while Nissan GT-R has All Wheel Drive (AWD 4 x 4). The other significant difference concerns the type of engine used by these cars, whereby Ford Mustang Shelby uses 5.4 Supercharge V8 engine, while Nissan GT-R uses 3.8 Turbocharged V6. The cars also have a difference in terms of the City Gas Mileage, which refers to the estimated amount of miles expended per gallon during a city driving which involves stopping and go traffic. In this case, Ford Mustang Shelby has 15 mpg, while Nissan GT-R 16 mpg. The other differences relate to the interior features in these cars, whereby Ford Mustang Shelby does not have A/C with Climate Control, but Nissan GT-R has. Moreover, Nissan GT-R has Auto-dimming Rearview Mirror, but Ford Mustang Shelby does not have one. On the other had Nissan GT-R does not have an Auxiliary Audio input Jack, but Ford Mustang Shelby has a one. Nissan GT-R also has built-in hard drive, heated front Seat, keyless ignition and Navigation system, which are not present in Ford Mustang Shelby. However, these cars share a similarity in their interior

Human Rights in China Essay Example | Topics and Well Written Essays - 3500 words

Human Rights in China - Essay Example This includes the region of Tibet bordering India which is linked with an independence movement from the mainland. Any reference to the breakaway island of Taiwan as being an independent entity, not under the jurisdiction of the Chinese mainland is further frowned upon and punished by the state (Zhongguo 193). Even the internet is said to be heavily moderated with content that supports Taiwan or the Free Tibet Movement being censored and violations of viewer ship being brutally punished with torture and other means so as to deter the population. It is public knowledge that the Chinese authorities use Microsoft, Yahoo and other companies to filter the use of certain words such as "Democracy" and other words deemed offensive by the authorities from Chinese chat rooms and instant messaging software (Gunther). Thus it is contended that the government interferes with the basic human right of freedom of speech and expression for its citizens and does not allow free ideas to float. The second major category of allegations against China regarding human rights violations relates to freedom of movement for its citizens. Since the formation of the People's Republic of China by Mao Ze Dong, the state has initiated a program of restricting where its citizens could stay and work. This was regulated utilizing a residency permit system whereby citizens were defined according to their geographical area and encouraged to stay in particular places (MacLeod). It further kept population divided between the urban and rural areas such that the problems accompanying rapid urbanization do not plague China. The allegations put against China are that it deliberately tries to stop the free movement of its citizens, with those wanting to...The second major category of allegations against China regarding human rights violations relates to freedom of movement for its citizens. Since the formation of the People’s Republic of China by Mao Ze Dong, the state has initiated a progr am of restricting where its citizens could stay and work. This was regulated utilizing a residency permit system whereby citizens were defined according to their geographical area and encouraged to stay in particular places (MacLeod). It further kept population divided between the urban and rural areas such that the problems accompanying rapid urbanization do not plague China. The allegations put against China are that it deliberately tries to stop the free movement of its citizens, with those wanting to move to urban areas or different provinces being punished in terms of less grain rations etc. This leads to the creation of a society where the rural workers are treated as second class citizens and a system akin to the South African apartheid (MacLeod). It undoubtedly helps the People’s Republic of China in controlling the problem of rapid urbanization and also helps regulate wage rates to some extent but it denies Chinese citizens the choice to move as they please and hence this restrictive system is a violation of fundamental human rights. Another chief point raised against China is that of marginalization of its rural population. This discriminates against people of various religions who because of their beliefs can not take part in political affairs and it closes an important avenue for them.

Chinese Popular Culture Essay Example | Topics and Well Written Essays - 1000 words

Chinese Popular Culture - Essay Example e styles of Chinese people are entirely different from that of the other parts of the world, mainly because of political reasons rather than cultural reasons. Chinese people do not have the freedom to express their views and opinions freely. They forced to adapt a culture or living style which is digestible to the communist administration. Chinese media is under the control of Chinese communist administration and independent functioning of media is impossible in China. Another cultural aspect of China is the spreading of martial arts. In fact many of the current popular martial arts like Kung Fu, Tai Chi etc were originated in China. This paper analyses Chinese popular culture in general and media and martial arts specifically to know more about the Chinese popular culture and its effects on people. Morton & Lewis (2004) in their book, China: Its History and Culture, have pointed out that â€Å"Buddhism is wide spread in China with somewhere between 70 and 100 million followers. Buddhist and Daoist philosophy advocates deep breathing and slow motion martial arts activities in order to improve health† (Morton & Lewis, p.278). Buddhism and Daoism are two of the prominent religions in China. There are many similarities in the beliefs and practices of Daoism and Buddhism in China. Both the religions stress the importance of practicing martial arts and deep breathing for maintaining physical and mental health of the people. Moreover, ancient Chinese administrators and military also asked the people to practice these things in order to prepare a strong military force. â€Å"One can trace a history of military support for sports and martial arts back to the early imperial period peaking in the Tang dynasty†(Morton & Lewis, p.267). According to Kennedy and Guo (2010), â€Å"up until about 1900, Chinese martial arts training were conducted either in the military by active duty soldiers or villagers† (Kennedy and Guo, p.1). In order to win sports events and also to win

Monetary policy in EMU (European monetary Union) Essay

Monetary policy in EMU (European monetary Union) - Essay Example Initially, the European Union included 12 countries, but since its inception in 1992, the area has expanded to include 17 countries in total (European Union, 2012). The financial crisis of 2007-08 had enhanced the importance of the austere economic regulation by the European Union. This essay covers the monetary policy that has been adopted by the European Union, keeping in mind the various pressing issues that have been a matter of concern in the European countries like, price stability, real economy stabilization and its future plans regarding inflation targeting. Monetary Policy of the European Monetary Union Rationale behind price stability and real economic stabilization Price stability implies that the purchasing power of citizens and the value of their savings will be independent to the exchange rate fluctuations in cross-border travels and investments. The Monetary policy in the Euro zone is conducted by the European Central Bank and has direct impact on the price stability a nd the interest rates. The main objective of the monetary policy by the EMU is to keep the rate of inflation hovering around 2%, so that the value of Euro can be protected (European Union, 2012). This is achieved by altering the rate of interest of lending by the banks. The objective of price stability in monetary policy is an integral part of maintaining moderate levels of inflation, so that the economy can avoid the risk of running into deflation. The European Central Bank and EMU have always tried to maintain the price stability because of the strong notion that by maintaining the price stability, the economic activity and employment levels of the country can be improved. The maintenance of price stability by the EMU ensures that the price level of any particular good or service acts independent to the general price level of the economy. Price stability also ensures that the creditors can be relaxed as the prices will not rise in future and there will be no need of inflation risk premium to compensate the losses from inflation. Unnecessary hedging activities and distortions in the tax and social security system can also be avoided by maintenance of price stability (European Central Bank, 2011). The price stability contributes to the stabilization of the real economy. Monetary Policy prior to the crisis Before the onset of the financial crisis, the EMU had been successful in maintaining the inflation rate, averaging to 2.04% from January 1999 to August 2007 (European Central Bank, 2012). This bears a testimony to the fact that since the formation of Euro, the Euro Zone has been quite successful in achieving its preliminary goal of maintaining price stability. The most interesting fact about the price stability in the EU was that the inflation rates were not only low, but also had low macroeconomic volatility compared to other advanced countries of the world. Figure 1: Inflation Rates in the Advanced Economies (Source: European Central Bank, 2012) The above f igure shows the inflation rates in the industrialized economies of the world from 1999 to 2011. It can be seen that the monetary policy followed by the European Union, prior to the global financial crisis of 2007, has been in line with its objectives. In the course of time between 1999 and 2007, the European economy had undergone a lot of turmoil like, increasing global oil and food prices, increases in

Reasearch paper on a poet, a genre, atopic or a special aesthetic Essay

Reasearch paper on a poet, a genre, atopic or a special aesthetic problem. Chinese Classical Poetry - Essay Example Most of the poetry was often sung in teahouses as well as more theatrical venues and eventually evolved into longer stories and sagas and musical histories of the past. Refined for almost three hundred years this period produced near fifty-thousand poems and gave birth to almost three thousand poets. (Owen 21-32) It was also a time of blending philosophical schools of thought. Taoism and Confucianism were of purely Chinese origin and have had deep cultural impact on their society. Buddhism, however, was imported from India and adapted well to the previous two philosophies. All being reevaluated and merged during this dynasty and were often translated to fit more in line with the mores of the Tang period. ..there was an entire school of Tao-te-ching interpretation, known as Twofold Mystery, that took up the dialectic of the Buddhist school known as Madhyamaka (Middle Way). Flourishing in the seventh century under the Tang, it was represented mainly by Cheng Hsuan-ying and Li Jung and represents a thinking that strives for a balance between being and nonbeing, the via positiva and the via negativa in approaching the Tao, rejecting each in turn because any form of comprehension in relation to the ultimate truth of the Tao can only be a means, never an end. (Kohn and Lafargue 134) The following is an example of the subtle change to the original text of the Tao Te Ching is an illustration of this influence. Li Yuehs, a Tang commentator on the Tao Te Ching, created the following changes to the traditional text and this is certainly an example of idiosyncratic personal translation. The last lines of chapter 25 usually read: The difference embodies many of the evolutions to the poetry of the age, showing not so much an order of things but a state of being. Early influences in the Tang dynasty reflect the more natural Taoist bent as there was

Doctor Faustus Essay Example | Topics and Well Written Essays - 250 words

Doctor Faustus - Essay Example Faustus. Marlowe warns the person who reads against such trade-offs, revealing in the doom of Dr. Faustus that an agreement with the devil can never harvest true rewards (Marlowe 6). Also, the book concerns the apprehension between science and magic. Dr. Faustus has all the skills and knowledge to identify the world completely as a human being can, but he opts to submerge himself in the mysterious arts of magic in the anticipations of learning more (Marlowe 12). The result of the play undoubtedly asserts Marlowe’s conviction that magic is a substandard to science and the accurate obscurities of the Christian life. Dr. Faustus’s main character mistake is that he wishes the boundaries of humanity and knowledge to be extended past what is logical (Marlowe 13). This play is a morality story on wanting more than what is offered to us. Through Dr. Faustus, the person who reads realises that they should be pleased with what is, instead of what they would want the world to