Comparison Of Wilfredo Lam - 1158 Words

Comparison of Primitivist imagery in Wilfredo Lam’s Untitled, 1953 and Matta’s Untitled (Flying People Eaters), 1942. Wilfredo Lam’s Untitled, 1953 and Matta’s Untitled (Flying People Eaters), 1942 share a wall in gallery 397 of the AIC. The two drawings were completed within 12 years of each other, and they seem be in conversation as surrealist compositions. Both pieces incorporate primitivist imagery into their engagement with the surreal. However, where Matta uses this imagery to further Freudian shock value and bring forward abject discomfort, Lam uses â€Å"primitive† symbology to discuss notions of Afro-Cuban identity through a cubist and surreal lens. Untitled, 1953 is a graphite drawing on cream wove paper. The paper has a visible†¦show more content†¦This figure’s body is cropped, leaving the viewer with only its torso and head. While portions of this figure’s body are more humanoid than the previous, (a pronounced shoulder and breast ground the character) once we move up from these shoulders the body seems to break into geometric abstraction. A spiky neck extends and transforms into a sort of scaffolding to hold up the mask-face. This figure is also decorated with flowers and hair like protrusions, suggesting an almost ritualistic garb. Taking up the entire right side of the composition a third character ascends a staircase and rests one hand on a disjointed platform. This figure wears an elaborate headdress, fabric sash and holds a large knife tucked at it’s side. The figure’s long toes curl around the top stair where it stands surveying the other two figures. This figure also has a tail, and the same mirroring happens between the extending hairs of the headdress and the hairs of its tail as with the candle light and tail of the first figure. The decorations and prominence of this figure give it an air of spiritual significance, the word priest seems apt. Behind this figure is the forth and final figure of the composition. This figure stands lower on the staircase behind the figure with the knife. This figure has a head shaped like a goblet filled with toothpicks. We only see the head and shoulders of this figure,

The Inspiration of the Declaration of Independence

Many of us tend to wonder what was the inspiration of the Declaration of Independence? What or who influenced one of the greatest founding fathers, Thomas Jefferson, to create such an important document in our American history. To really understand what influenced Thomas Jefferson, we must understand some of the men who inspired him when creating this document. Its also important for us to understand the philosophies these men went by, and why Thomas Jefferson wanted incorporate their philosophies in his grand ideas. We also need to understand what was happening at the time when the Declaration was written. These are all questions that we are going to dive into to understand why Thomas Jefferson wrote the famous Declaration of Independence. One of the great philosophers that Thomas Jefferson followed was John Locke. John Locke was a British philosopher who was known for his liberal anti-authoritarian theory of state, his empirical theory of knowledge, his advocacy of religious tolera tion, and his theory of personal identity. When Locke was developing one of his theories which was to obey the state, he was able to make sense of when starting from an initial state of nature with no government, police or private property, people will understand, with careful reason, that there are natural laws. These natural laws are rights to our own persons and to our own labor. Society will eventually notice that a social contract could be created with others; and out of this contract,Show MoreRelatedHistory : The American Revolution Essay1435 Words   |  6 Pagesbelieved that without this revolution, the world could have witnessed the rise of the pioneering liberal country. Through that, it could be seemingly a manifestation of ideas of equality, and liberty, which could finally become a prime example and inspiration for the people in other nations to fight for their revolutions for justice, freedom, and equality. The American Revolution inspired the world through the manife station of ideas of liberty a principle that is being fought by other countries untilRead MoreHistory : The American Revolution1442 Words   |  6 Pagesbelieved that without this revolution, the world could have witnessed the rise of the pioneering liberal country . Through that, it could be seemingly a manifestation of ideas of equality, and liberty, which could finally become a prime example and inspiration for the people in other nations to fight for their revolutions for justice, freedom, and equality. The American Revolution inspired the world through the manifestation of ideas of liberty a principle that is being fought by other countries untilRead MoreThe Declaration Of Independence : What Shaped And Provided The Freedom The United States Of America1030 Words   |  5 PagesAbstract The declaration of Independence is what shaped and provided the freedom the United States of America has today. The Declaration of Independence today is looked at a symbol for America to reflect on as it paved the way for most of the rights we have today. This document has been fundamental to american history longer than any other text because it was the first text to use â€Å"The United States of America† and in a sense the Declaration was the birth certificate of the American nationRead MoreJean-Jacques Rousseau Influence on the Declaration of Independence743 Words   |  3 PagesThe Declaration of Independence is the foundation of America. It contains â€Å"the words that made America,† (Fink, 9). Five of the founding fathers got together and penned this important document. As they penned this document, they were inspired by a number of European philosophers and writers. One of these philosophers was Jean-Jacques Rousseau. â€Å"Jean-Jacques Rousseau played a significant role in three different revolutions: in politics, his work inspired and shaped revolutionary sentiment inRead MoreThe Declaration Of Sentiments By Elizabeth Cady Stanton1135 Words   |  5 Pageswomen today, but possibly none more important than the â€Å"Declaration of Sentiments† by Elizabeth Cady Stanton. The declaration was able to make an extremely strong and memorable impact, not only for the ideas presented in it, but also for its strong rhetoric and use of figurative language such as anaphora and syntax; also, notable is its imitation of the â€Å"Declaration of Independence†. Though written over one hundred years ago, the declaration written at the Seneca Falls Convention addressing women’sRead MoreImpact Of The Enlightenment And The French Revolution1015 Words   |  5 Pageswere the philosophies of each war, and what happened at the end of them? The Enlightenment, also known as the Age of Reason, was a period of time both the 13 British Colonies and the French used as inspiration in their Revolutions. The Americans, such as Thomas Jefferson drew inspiration from John Locke, who believed that every human born, was born with a blank slate. John Locke also insisted that people be given the right to Life, Liberty, and the Pursuit of Happiness. These EnlightenmentRead Moreï » ¿An Analysis of Letter from a Birmingham Jail1204 Words   |  5 Pageswas equally persuasive when speaking on the part of oppressed people, his name was Tomas Jefferson. He wrote the Declaration of Independence saying that â€Å"all men were created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness† â€Å"all† including white and black men, at least in theory. The Declaration defends that people should dissociate themselves from governments th at refuse to allow equality. Today people mightRead MoreEssay on Epitome of Enlightenment 1232 Words   |  5 PagesRevolution. The American Declaration of Independence, written in 1776 is one of the most significant examples of a document whose writing was motivated by enlightenment principles. (http://dogofletters.wordpress.com). It proposed some basic principles of how the authors believed humanity should be treated by a government and proscribed governmental actions they found reprehensible; therefore, it would not be wrong to call it an epitome of enlightenment. The Declaration of Independence is the most significantRead MoreThe Declaration Of Independence, By Edmund Burke, John Locke, And Alexis De Tocqueville964 Words   |  4 PagesThe Declaration of Independence, arguably the most important document to have been written in the history of the United States, testified to the sovereignty given by the Founding Fathers to King George III and the whole of Great Britain which ultimately established the Thirteen Colonies as autonomous and free. The ideas perpetuated in the pages of this great document are compelling and genuine. However, they did not appear out of thin air. Therefore, it is appropriate to assert that these conceptsRead MoreThe American Of The British Empire Essay1672 Words   |  7 Pagesto follow the authority of Britain. The revolution was a consequence of social, political, and logical transformation in the American Society. Due to those aspects, the Americans had to seek a way to escape the British powers. 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Evidence Relates To The Legal Principles †Myassignmenthelp.Com

Question: Discuss About The Evidence Relates To The Legal Principles? Answer: Introduction The law of evidence relates to the legal principles and the rules which govern the proof of facts under the lawful proceedings. Through the law of evidence, it is determined whether or not particular evidence has to be considered by the judiciary in giving their verdict. This law determines the quality, quantity, type of proof, and the like, which are required for a litigation to be undertaken. Depending upon the type of litigation, be it in a criminal, family or civil court, along with the jurisdiction, these rules are varied. The acceptability of particular evidence and its reliability is determined through law of evidence[1]. In Australia, the legal proceedings are varied based on the jurisdiction, particularly in the matter of evidence law[2]. In the State of Victoria, the Evidence Act, 2008[3] is applicable and even with its applicability the common law continues to play a role in the law of evidence. This is because section 9 of the Evidence Act, 2008 (Vic) provides that the act is not affected by the common law rules in the matter of evidence in any of the proceedings where this act is applicable, unless the act specifically provides otherwise[4]. So, the common law can continue to have a role, till the time this Act specifically states otherwise. The existence of the common law and the Evidence Act is mostly harmonious, where they continue to support each other. Often, the common law is referred to get an understanding of a particular concept[5]. However, there are times, where the differentiation between the act and common law is not clear and so, a tension is born between the two laws. In the following parts, an attempt has been made to understand this very complex relationship which is present between the two. Historical Background In Australia, the law of evidence is a mixture of common law and statute, coupled with the rules of court. Back in July, 2004, the Australian Law Reform Commission, or the ALRC was asked by the Attorney General of the Government of Australia to conduct an inquiry in the Evidence Act, 1995 (Cth)[6]s operation. The New South Wales Law Reform Commission or the NSWLRC was also asked by the Attorney General of New South Wales to review the operation of the Evidence Act, 1995 (NSW)[7]. In 2004, the Victorian Government made an announcement where it was proposed to implement the legislation which was consistent with the model Evidence Acts, which were passed by the NSW and the Commonwealth parliaments and made adaptations on the basis of Victorian courts[8]. In 2004 November, the Victorian Law Reform Commission, also known as the VLRC, was asked by the Attorney General of Victoria to review the law of evidence which was applicable in Victoria. All this was done to assist in the introduction of Uniform Evidence Act. And even though, the Commonwealth Evidence Act 1995 was passed, the state laws in this regard continue to apply with the common law[9]. The Uniform Evidence Acts have been adopted in seven distinctive jurisdictions, the ones relevant to this discussion are the Evidence Act, 1995 (Cth) and the Evidence Act, 2008 (Vic). With this legislation, the majority of the common law rules have been extinguished, which have been stated in the later parts of this discussion. And the objective of the Uniform Evidential Rules is this extinguishment in all of the federal, state and territorial courts. The goal is to brig uniformity to the evidence laws across the nation, though, the still is yet to be achieved[10]. Harmony between the Common Law and the Evidence Act It is undisputed that the Uniform Evidence Acts and the Evidence Act 2008 (Vic) are not law of evidences code. In case there had been an intention to create a code, the ALRC would have been very clear about it and would have developed a code, instead of trying to bring the relevant legislatures as a single legislation. The Evidence Act 2008 (Vic) does not affect the operation of the rule of common law, till the time, the legislation, wither expressly or by necessary intendments provides so. This act also provides that the operation of evidential or lawful presumption, which is consistent with this act, is not affected[11]. The importance of the Uniform Evidence Act in the context of being a code has been raised due to the relationship between such acts and the common law. In case these provisions are operated as codes, they would substantially influence the manner in which the common law principles can be made use of with regards to the application of these Uniform Evidence Acts[12]. A consensus has emerged, in light of this, regarding the issue not being a code, but the extent of admissibility of the issues which are governed by the statutory scheme and this was stated in the matter of EI Dupont de Nemours Co v Imperial Chemical Industries[13]. In the case of Idoport Pty Ltd v National Australia Bank Ltd[14], it was stated that the Uniform Evidence Acts are not codes and cannot be used as a way of retaining a particular aspect under the common law where there is an inconsistency with the operation of the Act, for instance, the Victorian Evidence Act, 2008. The preferable approach here is one where the technical attempt behind the characterization of the admissibility of the provisions of the Uniform Evidence Acts, with regard to the codification, is abandoned. A complexity is revealed through the jurisprudence regarding the codification and the legal codes, which is not easy to be compliant to such an attempt. Though, what does prove to be helpful is the reflection upon the codified legislations nature. This is due to the fact that the Evidence Act 2008 (Vic) and the Uniform Evidence Acts embody certain aspects of the actually codified legislations, which have been implemented in the jurisdictions of common law[15]. Certain essential elements of a legal code were identified by the New Zealand Law Commission while codifying the evidence law of New Zealand. A true code was stated to be which is a legislative enactment and is systematic in the structure it has, is comprehensive, is pre-emptive and which clearly provides the principles whi ch have to be applied. The element which differentiates between a legislative enactment and a code is the very purpose of the code, and not the limited statutory enactments, and this purpose relates to the establishment of the legal order, which is based on the principles[16]. One of the key objectives or purposes of the original evidence inquiry conducted by the ALRC was the reviewing of the common law and was to develop a principled approach towards the evidence law. This led to the major changes in the common law of certain areas; and in others, this remains as a key reference which assists in the application of the Uniform Evidence Acts. The approach taken in Papakosmas v The Queen[17], by the High Court of Australia, and the one taken in the case of R v Ellis[18], by the Supreme Court of New South Wales, shows the approach which is guided by the principles which have been contained under the Uniform Evidence Acts. This clarifies that by referring to the common law the underlying concepts understanding can be facilitated and can also assist in identifying the chances brought through these Uniform Evidence Acts[19]. As has been stated earlier, section 9 of Evidence Act, 2008 (Vic) provides that the common law principles regarding evidence are not affected through the advent of this act and they would apply so far as they are not specifically restricted. However, where the Evidence Act, 2008 (Vic) does not provide expressly that a certain common law principle is applicable, the courts continue to adopt such doctrines and a leading example of this is res gestae doctrine. Res gestae doctrine is a common law doctrine which relates to testimony[20]. The Hearsay rules state that a court can refuse to admit the evidence statements as a witness when they say they have heard another person say. And an exception to this rule lies in res gestae doctrine[21]. The application of this principle, with the introduction of the Evidence Act 2008 (Vic) has been complicated. Neither the cases which deal with the transaction evidence, nor the Evidence Act deal with or make reference to this doctrine. Instead, the re liance is placed over the principles given in the case of O'Leary v The King[22]. R v Adam[23] is one of such cases where the res gestae doctrine was applied. In this case, an off duty police officer was murdered in a hotel car park and the appellant had been held guilty of inflicting grievous bodily harm in a malicious manner over the deceased. The evidence, regarding the appellant having being engaged in staring argument, before the assault, with the patron in the hotel was admitted. When an appeal was made to the Crown, it was argued that the basis of admitting the evidence was based on two reasons. One of this was based on the principle given under O'Leary v The King, and the conduct of Adam was held to be the internal part of the transaction which consisted of the intertwined events, including the phases of attack on the officer[24]. In this very case, it was held by the court that the Evidence Act had not abolished the principle given under the O'Leary v The King case. For this purpose, reference was made to section 9. And it was stated that the act never abolished this principle in an express manner and the same was also not done by a necessary intendment. Even the test of admissibility was said to have been satisfied through O'Leary v The King based on section 55 of the Evidence Act, 1995 (NSW). So, it is very clear that the Uniform Evidence Acts and the Evidence Act, 2008 (Vic) leave a lot of scope for the applicability of the principles which are covered under the common law[25]. Another point of convergence under the evidence acts and the common law can be found in the Uniform Evidence Acts Division 1 of Part 3.10[26], where the test given in the case of Grant v Downs[27] has been adopted, which is otherwise referred to as dominant purpose test. A key legislation which reflects the common law is section 125(1) where the paragraph (a) of this subjection is a reflection of the common law and the paragraph (b) is an extension of it, which further confirms the harmonization of the statutory and the common law pertaining to evidence[28]. Section 189, under the Evidence Act, 2008 (Vic), deals with provisions relating to void dire, i.e., hearing within a hearing[29]. And these can be used under the criminal and civil proceedings. Where the procedural matters are not dealt with under this section, the common law determines when a voir dire can take place. Turmoil between the Common Law and the Evidence Act Even though the common law facilitates the Evidence Act 2008 (Vic) and the Uniform Evidence Acts, by clarifying on different concepts, there are a range of divergences between the two laws. At times, the two laws merge and there is a tension born between these laws, regarding the operation and the scope of these laws. Through the introduction of the Uniform Evidence Acts and the Evidence Act 2008 (Vic), a range of major reforms were seen under the common law. A more flexible approach has been adopted through Part 2.2 and the old rule of original document has been abolished[30]. Section 38 provides that in case a witness has given an unfavorable evidence, after obtaining the leave of court, the cross examination of the own witness of the party is now permissible[31]. Through Part 3.2, there has been a substantial modification in the hearsay rule[32]. Till the time a notice has been given along with a major probative value, the tendency and coincidence evidence is not considered as admissible. Further, the probative value of such evidence, in the criminal proceedings, which has been adduced through the prosecution, has to be significantly overshadowing the prejudicial effects which can be placed over the defendants. There has also been a modification in the privilege against the self-incrimination. Contrary to the common law, the court can now exercise a general discretion towards the refusal of admission of evidence in such cases where the probative value is majorly outweighed owing to the dangers pertaining to the same being unfairly biased towards the defendants[33]. Alternatively, it could also be used to limit the use regarding the making of evidence, in case the evidence can be unfairly biased towards a particular party, or can be claimed to be confusing or misleading. The shortfalls under the common law have been eradicated through the introduction and facilitating the use of computer generated evidence, along with the introduction of procedural safeguards in the form of request system[34]. Some of the other noteworthy reforms which were brought through the commonwealth Evidence Act, which is mirrored in the Evidence Act, 2008 of Victoria, relate to the common knowledge rules and the ultimate issue being abolished and the privilege being extended to the religious confessions. Amongst the most substantial manner in which the Evidence law changed the common law was by replacing the hear-say under the prophylactic common law rule through section 60(1)[35] of the Uniform Evidence Acts. And due to the possibility of a collision between the common law and the Evidence Act as drafted for each jurisdiction, extensive provisions have been made ender the Evidence acts to provide for the assessment of the hearsay evidences availability. The most substantial one in this is the case of Papakosmas v The Queen. The value of the interface of the provisions of common law and the Uniform Evidence Acts was given in a separate judgment, though the same was not dissenting, in the matter of Baker v R[36]. As the statutory law replaced the common law in hear-say matters, often there is a tug of war between which provisions would be upheld. This is due to the provisions being similar. The key term here relates to them being similar and not same, which could result in the suprema cy of the Evidence Act, 2008 (Vic) owing to its section 9[37]. There are also some provisions which compete with each other under the Evidence Act and the common law. For instance, under the common law, an individual is competent to give the sworn evidence in case they can take the oath. In other words, if a person understands the consequences, as well as, the nature of the oath, they can are competent to give sworn evidence. Under the Evidence Act, 2008, the sworn evidence can only be made in the appropriate form which is contained in Schedule 1 or in a similar form. However, this requirement is restrictive in the sense that the probative value of the evidence can be restricted due to the complications relating to sworn evidence under the Evidence Acts. Similarly, the requirement given under the common law regarding the person to understand the difference between right and wrong is questionable. The test of competence which were given under the Evidence Act earlier, led to the amendment of the act, regarding the sworn and unsworn evidence[38]. Section 27 of the Evidence Act, 2008 (Vic) relates to the parties questioning the witnesses[39]. Based on the principles of the common law, the general rule is that the parties can question the witnesses, and the role of the judges is limited to asking questions regarding the removal of apparent ambiguities. So, such questions, which have been designed to clear the answers, can be uncertain or equivocal, or may be within reason for identifying the matters which can be a concern to him. Such constraints are particularly applicable to criminal proceedings with a jury. There has been a chance of position under the civil proceedings. In the case of FB v The Queen[40] was a case where it was seen that an active role is played by the judges in the conduct of cases. And the courts intervene in necessary cases to clarify upon the issues. Hence, to clarify in the matters of contradiction between the two laws, the judiciary comes to play a crucial role[41]. Conclusion On the basis of the discussion which has been carried above, it can be concluded that even though the statutory law, i.e., the Evidence Act, 2008 (Vic) has been passed, the common law continues to be applicable, and its role becomes particularly evident when the statutory silent or is ambiguous on a particular matter. And even though the provisions of common law have been replaced through the Evidence Act, 2008 (Vic) and the Uniform Evidence Acts, they continue to play a crucial role. This has been evidenced particularly in the matter of res gestae doctrine. The two jurisdictional laws continue to co-exist and in the matters where there is turmoil between the two, the judiciary comes to play a very crucial role and take decision to effectively deal with such issues. They key pressure point which strains the otherwise harmonious relationship between the common law and the Evidence Act, 2008 (Vic) lies in such provisions which have been replaced by the statutory law and where the statu tory law is silent. So, unless the common law can be applied peacefully, it can give rise to a struggle, as is usually noticed in the cases of hear-say evidence, where even till date, situations are born where the overriding provisions of the statutory law collide with the similar based common law. However, the chances of the common law and the co-existing in harmony are more. And with the attainment of the hoped uniform evidence legislation across the nation, such issues can effectively be dealt with. References Hemmin A, When Is a Code a Code? [2010] 15(1) Deakin Law Review 65 Heydon D, Cross on Evidence (LexiNexis, 10th ed, 2014) Keane A, and McKeown P, The Modern Law of Evidence (Oxford University Press, 11th ed, 2016) Munday R, Evidence (Oxford University Press, 9th ed, 2017) Sklansky DA, Evidence: Cases, Commentary, and Problems (Wolters Kluwer Law Business, 4th ed, 2015) Baker v R (2012) 289 ALR 614 EI Dupont de Nemours Co v Imperial Chemical Industries (2002) 54 IPR 304, [46]. FB v The Queen [2011] NSWCCA 217 Grant v Downs (1976) 135 CLR 674 Idoport Pty Ltd v National Australia Bank Ltd (2000) 50 NSWLR 640, 65 O'Leary v The King (1946) 73 CLR 566 Papakosmas v The Queen (1999) 196 CLR 297 R v Adam (1999) 106 A Crim R 510, [1999] NSWCCA 189 R v Ellis (2003) 58 NSWLR 700 [1] Adrian Keane and Paul McKeown, The Modern Law of Evidence (Oxford University Press, 11th ed, 2016) [2] National Archives of Australia, Evidence law in Australia (2017) https://www.naa.gov.au/information-management/information-governance/evidence/evidence-law-australia/index.aspx [3] Evidence Act, 2008 (Vic) [4] Evidence Act 2008, s9 [5] Australian Law Reform Commission, 27. Evidence in Sexual Assault Proceedings (2017) https://www.alrc.gov.au/publications/27.%20Evidence%20in%20Sexual%20Assault%20Proceedings/evidence-issues#_ftnref5 [6] Evidence Act, 1995 (Cth) [7] Evidence Act, 1995 (NSW) [8] ALRC, Review of the Uniform Evidence Acts (2017) https://www.alrc.gov.au/sites/default/files/pdfs/publications/DP69.pdf [9] Australian Law Reform Commission, 1. Introduction to the Inquiry (2017) https://www.alrc.gov.au/publications/1-introduction-inquiry/harmonisation-australian-evidence-law-0 [10] Ibid [11] Evidence Act 2008, s9 [12] Dyson Heydon, Cross on Evidence (LexiNexis, 10th ed, 2014) [13] (2002) 54 IPR 304, [46] [14] (2000) 50 NSWLR 640, 65 [15] Australian Law Reform Commission, 2. The Uniform Evidence Acts (2017) https://www.alrc.gov.au/publications/2.%20The%20Uniform%20Evidence%20Acts/movement-towards-uniform-evidence-law#_ftnref20 [16] Andrew Hemmin, When Is a Code a Code? [2010] 15(1) Deakin Law Review 65 [17] (1999) 196 CLR 297 [18] (2003) 58 NSWLR 700 [19] At 15 [20] Roderick Munday, Evidence (Oxford University Press, 9th ed, 2017) [21] David A. Sklansky, Evidence: Cases, Commentary, and Problems (Wolters Kluwer Law Business, 4th ed, 2015) [22] (1946) 73 CLR 566 [23] (1999) 106 A Crim R 510, [1999] NSWCCA 189 [24] Chrissa Loukas, Evidence - Transactional - Res Gestae (2017) https://www.publicdefenders.nsw.gov.au/Pages/public_defenders_research/Papers%20by%20Public%20Defenders/public_defenders_evidence_transactional_res_gestae.aspx [25] Student VIP, Topic 1: Introduction (2017) https://studentvip-notes.s3.amazonaws.com/10880-sample.pdf [26] Evidence Act 2008 (Vic), div 1 pt 3.10 [27] (1976) 135 CLR 674 [28] Evidence Act 2008 (Vic), s125(1) [29] Evidence Act 2008 (Vic), s189 [30] Evidence Act 2008 (Vic), pt 2.2 [31] Evidence Act 2008 (Vic), s 38 [32] Evidence Act 2008 (Vic), pt 3.2 [33] Alex Kuklik, Law of Evidence (2015) https://sydney.edu.au/lec/subjects/evidence/Winter%202015/Materials%20provided%20by%20Mr%20Alexander%20Kuklik/USYD%20-%20LPAB%20-%20Evidence%20-%20Part%201%20(Revised).pdf [34] Ibid [35] Evidence Act 2008 (Vic), s60(1) [36] (2012) 289 ALR 614 [37] Evidence Act 2008 (Vic), s9 [38] At 33 [39] Evidence Act 2008 (Vic), s27 [40] [2011] NSWCCA 217 [41] At 33

This Side of Paradise F. Scott Fitzgerald Quotes

'This Side of Paradise' F. Scott Fitzgerald Quotes With This Side of Paradise (his debut novel), F. Scott Fitzgerald took the literary world by storm (the first printing sold out in a matter of days). And, with the success of this work, he was able to win back Zelda (with whom he would have such a tumultuous relationship for so many years to come). The book was first published in 1920. Here are a few quotes. This Side of Paradise Quotes From Book 1 She had once been a Catholic, but discovering that priests were infinitely more attentive when she was in process of losing or regaining faith in Mother Church, she maintained an enchantingly wavering attitude. Book 1, Ch 1 They slipped briskly into an intimacy from which they never recovered. Book 1, Ch 1 He wanted to kiss her, kiss her a lot, because then he knew he could leave in the morning and not care. On the contrary, if he didnt kiss her, it would worry him.... It would interfere vaguely with his idea of himself as a conqueror. It wasnt dignified to come off second best, pleading, with a doughty warrior like Isabelle. Book 1, Ch. 3 Dont let yourself feel worthless; often through life you will really be at your worst when you seem to think best of yourself; and dont worry about losing your personality, as you persist in calling it; at fifteen you had the radiance of early morning, at twenty you will begin to have the melancholy brilliance of the moon, and when you are my age you will give out, as I do, the genial golden warmth of 4 P.M. Book 1, Ch. 3 Never walk near the bed; to a ghost, your ankle is your most vulnerable partonce in bed, youre safe; he may lie around under the bed all night, but youre safe as daylight. If you still have doubts pull the blanket over your head. Book 1, Ch. 4 This has nothing to do with will-power; thats a crazy, useless word, anyway; you lack judgment- the judgment to decide at once when you know your imagination will play you false, given half a chance. Book 1, Ch. 4 Life was a damned muddle... a football game with every one off-side and the referee gotten rid of- every one claiming the referee would have been on his side... Book 1, Ch. 5 Quotes From Book 2 All life was transmitted into terms of their love, all experience, all desires, all ambitions, were nullified- their senses of humor crawled into corners to sleep; their former love-affairs seemed faintly laughable and scarcely regretted juvenalia. Book 2, Ch 1 I have your best interests at heart when I tell you not to take a step youll spend your days regretting. Its not as if your father could help you. Things have been hard for him lately and hes an old man. Youd be dependent absolutely on a dreamer, a nice, well-born boy, but a dreamer- merely clever. (She implies that this quality in itself is rather vicious.) Book 2, Ch 1 People try so hard to believe in leaders now, pitifully hard. But we no sooner get a popular reformer or politician or soldier or writer or philosopher- a Roosevelt, a Tolstoi, a Wood, a Shaw, a Nietzsche, than the cross-currents of criticism wash him away. My Lord, no man can stand prominence these days. Its the surest path to obscurity. People get sick of hearing the same name over and over. Book 2, Ch 2 I regretted my lost youth when I only envy the delights of losing it. Youth is like having a big plate of candy. Sentimentalists think they want to be in the pure, simple state they were in before they ate the candy. They dont. They just want the fun of eating it all over again. The matron doesnt want to repeat her girlhood- she wants to repeat her honeymoon. I dont want to repeat my innocence. I want the pleasure of losing it again. Book 2, Ch 5 Progress was a labyrinth ... people plunging blindly in and then rushing wildly back, shouting that they had found it ... the invisible king- the à ©lan vital- the principle of evolution ... writing a book, starting a war, founding a school... Book 2, Ch. 5 He found something that he wanted, had always wanted and always would want- not to be admired, as he had feared; not to be loved, as he had made himself believe; but to be necessary to people, to be indispensable... Book 2, Ch. 5 Life opened up in one of its amazing bursts of radiance and Amory suddenly and permanently rejected an old epigram that had been playing listlessly in his mind: Very few things matter and nothing matters very much. Book 2, Ch. 5 Modern life... changes no longer century by century, but year by year, ten times faster than it ever has before- populations doubling, civilizations unified more closely with other civilizations, economic interdependence, racial questions, and- were dawdling along. My idea is that weve got to go very much faster. Book 2, Ch. 5 Im restless. My whole generation is restless. Im sick of a system where the richest man gets the most beautiful girl if he wants her, where the artist without an income has to sell his talents to a button manufacturer. Even if I had no talents Id not be content to work ten years, condemned either to celibacy or a furtive indulgence, to give some mans son an automobile. Book 2, Ch. 5 As an endless dream it went on; the spirit of the past brooding over a new generation, the chosen youth from the muddled, unchastened world, still fed romantically on the mistakes and half-forgotten dreams of dead statesmen and poets. Here was a new generation, shouting the old cries, learning the old creeds, through a revery of long days and nights; destined finally to go out into that dirty gray turmoil to follow love and pride; a new generation dedicated more than the last to the fear of poverty and the worship of success; grown up to find all Gods dead, all wars fought, all faiths in man shaken.... Book 2, Ch. 5

The character and actions of Romeo and Juliets Nurse in Act essays

The character and actions of Romeo and Juliets Nurse in Act essays In this scene Nurse has three main goals. First, she wants to convey her message to Romeo: not to mess around with Juliet. Second, she wants to maintain some vestiges of dignity in front of Romeos mercilessly tormenting friends. Finally, she wants some news from Romeo to satisfy Juliet, i.e. a wedding tomorrow. Nurse wants to make sure Romeo understands that Juliet, who is from a good family, and has protectors, will not stand for any ill-treatment. The kindly nurse doesnt want her charges heart broken at age fourteen. In addition, she wants to keep her wits about her in front of the Montagues. She doesnt like them, and attempts to show them up by using fancy (incomprehensible) language, and ordering Peter around. Nurse wants Juliet to stop annoying her about Romeo, and to assure Juliet (and herself?) that Romeos intentions are honorable. Nurses primary obstacle in this scene is her own dim-witted attempt at using erudite language (at which she fails miserably). She is almost unable to communicate her message to Romeo, her word usage is so convoluted. This issue also makes it difficult for her to appear intelligent, elegant and dignified in front of Romeos wiser friends. Not only are her communication deficiencies evident in her own messages, they are apparent in her interpretation of Romeos speech. She very nearly delivers the wrong message to Juliet! Obviously, Nurse never confronts this obstacle. Romeo often has to question her interpretation of his messages to Juliet, but she seems unaware of her linguistic flaws. Benvolio makes fun of the nurses language usage when he says she will indite him to some supper (2.4) instead of invite. She is unable to make Juliets message to Romeo clear, using deal double and sententious instead of double deal and sentence ...

What Caused the Defeat of the essays

What Caused the Defeat of the essays When looking at the Battle of the Little Big Horn there are many reasons why General Custer lost the battle. Many will say that he made bad choices and others will say that his luck just happened to run out that day. I think the reason why Custer lost the battle was a combination of both but it was his choices in the end that cost him his life and the battle. The events that went on around him that are considered his bad luck could have been looked at when they happened and fixed. There was a lot going on around Custer that could have made his mind not focused at the time of the battle such as running for president and also his ego along with overconfidence. From what Steven Ambrose put forth in his opinion of the battle I agree with most of the mistakes that he says Custer made. The first one and I think second most important mistake that Custer made was not taking the 2nd Cavalry when it was offered to him. This would have given him around a 1,100 men and that would have definitely been enough to defeat the Sioux. This can be countered by that Custer had too much pride with the 7th Cavalry and that he didnt want to share it with anyone else. Custer also knew that he was going to face the largest amount of warriors ever so having more men wouldnt hurt him at all and of course increase his chances of winning the battle. The next mistake that Custer made was underestimating the enemy that he was about to face. He figured that there would be about 1,500 warriors at max where there were actually almost double that. Custer probably didnt think that there would be any Cheyenne either. It was also known that at around that time of year the entire Sioux nation comes together for a big get together. This all stems back to others in the army not doing good reconnaissance of the area where they believed the Sioux were. The area that the army believed to be around at first stretched for 125 miles and was about 50 miles...

Land law coursework Essay Example | Topics and Well Written Essays - 1250 words

Land law coursework - Essay Example This certificate and the registration as the new owner of the property award him all the rights of the house (Dowden 4). His interests in this case are therefore beneficial interests since he is the proprietor of the instrument and hence the legal owner. In case of any court cases, the registration and the transfer of the certificate of registration and ownership will be proof enough of his binding interests in the property above all the others and it overrides the interests of all. Once the ownership rights have been transferred to him, it is up to him therefore to decide what to do with rest of the people who were intertwined with Abigail especially Thomas (her father) and Michael (the tenant). Thomas is a trustee of Abigail in the registered land and he therefore has his own overriding interests in the land and its instruments. His overriding interests in that property are brought about by the fact that the registrar did not record his interests or agreements with his daughter whe n transferring the property from Gareth and this is according to s 78 of the LRA 2002. Thomas assisted Abigail with one fifth of the payment money required to purchase Heavenly Mews and they drafted an express trust. The form of express trust drafted however was not revealed and hence the interest which Thomas has in the instrument is not known. There are different forms of trust which according to English Law may have been drafted in this scenario by the father and daughter. These trusts must have to mention the beneficiary since it is not a charitable trust that Thomas drafted with his daughter. The interest which Thomas may have on the property of Abigail being a trustee may however not be granted or addressed by the courts. This is because according to the Variation of Trusts Act of 1958, the court lacks power to consent trust ascertained to an individual who is suijuris that is the one who is above the age of consent and who is of sound mind like Abigail (Dowden 64). If the cas e of Savill v Goodall [1993] 1 FLR 755 is to be followed, then Thomas would have claimed his share of the money paid for the house since there was an express trust agreement. The fact that Thomas stayed on and off with his daughter Abigail before she sold the property does not have any effect on the interest according to the act and hence is also not admissible court. The interest therefore remains to be null and void unless Stephen who is the bona fide owner of the property instrument decides to share it or enter into joint tenancy or ownership with him (but it is not a must). The other person who may have an interest on the property once Abigail has sold it is Michael who was a tenant of Abigail for around two months before she sold the house to Stephen. There is no mention of any formality being written that explains the tenancy terms of Michael and Abigail. The case does not state whether the tenancy had commenced or it was to commence in less than three months. In the event tha t it was to commence in less than three months, then the interest will be considered as override interest. If the tenancy in this case was an actual occupation, Michael will have an interest according to Sch 3 para 2 as in the case Abbey National BS v Cann [1991]. If he has this interest, the Stephen will have to assume