The China Threat and US Security Research Paper

The China Threat and US Security - Research Paper Example The China threat to the United States has emerged as a result of the United States military support and cooperation to Taiwan and Japan. This sends a message of a stronger military coalition in the region that pose a threat to China, therefore giving room for the development and deployment of a stronger force by the communist republic of China combined with provocative and warning sentiments on the issue (Gertz, 2002, p.8) The China Threat to US security is evolved from the actions of the United States further to the initial 1999 attack of the Chinese embassy in Belgrade and another military build-up along the Chinese border in cooperation with Japan (Gertz, 2002, p.1). The China Threat to US Security is substantial due to the various public statements and report in China that openly oppose the mono-polarity and hegemony of the US in terms of military and economy. Hence China has declared a limited war in the case of a military invasion from the US to support Taiwan (Gertz, 2002, p.9). China has called for its people to follow the thought of Deng Xiaoping and Mao Zedong while moving forward to achieve the goals of China. The Chinese government requires its people to follow the values of social modernization and socialist reform to open up new horizons of prosperity and development. The Chinese leadership appeals to its people to work towards economic globalization and political multi-polarity at the turn of the century. The word multi-polarity is intended to overcome the mono-polarity of the United States and its position as a superpower of the world. The unfriendliness of China towards the US is further clear from the various reports and statements published in the Chinese media (Gertz 2002 p.10).

Synthesis essay Example | Topics and Well Written Essays - 1000 words

Synthesis - Essay Example However, some people never get to experience true happiness and that is hwy the constitution of the United States of America includes in its bill of rights â€Å"†¦the pursuit of happiness.† This shows that happiness is not just a guaranteed good feeling but a positive feeling that one must strive for. In my opinion, happiness is a positive feeling just as most people believe. Happiness comes from within an individual whenever he or she chooses to let that feeling in. however, I also believe that situations do really influence the sense of happiness that a person feels. Negative turn of events and misfortunes do really kill the feeling of happiness in most people if not all. A good example is the lost of a loved one. In as much as some people may believe in eternal happiness in the case of death, many people would attest to the fact that losing a close family member or friend does not bring any happiness at all. I also believe that happiness is a lasting good feeling rather than just a felling of short term satisfaction. From the lecture notes, I got to learn of the different philosophical beliefs as to the attainment of happiness. Socrates believed that human actions were aimed at achieving true happiness. Therefore, happiness was the reason behind the acts of man, whether right or wrong. According to Socrates, happiness is â€Å"a state of living well in peace, mindfulness, and joy† (Kohn & Michael 25) From the class notes also, I found out that other philosophers such as Plato, believed in the term pleasure rather than happiness. Pleasure took the form of some being higher than others, such as appetitive and sexual pleasure being regarded as the lowest of pleasures due to their constant reoccurrence (Kohn & Michael 48). Plato analyzed happiness â€Å"in terms of the hierarchy of pleasures and the categories of the soul.† Other philosophers that I came to learn of, such as Aristotle, believed that happiness only results from positive habits. Having

Yosemite: Rights to its Legacy and Name

Yosemite: Rights to its Legacy and Name The planet Earth is an endless landscape of natural beauty, populated by people of many different cultures, races, and ethnic groups, each speaking various languages and practicing numerous religions. No matter ones religion, language, race, culture or ancestry, we are all one human race living on one planet. We have inherited the planet Earth from our ancestors; therefore it is an important part of our heritage, traditions, and cultures that make us who we are today. To appreciate our landscapes and the beauty of our planet, one must explore and appreciate its many wonders. Whether one lives in the suburbs or the city, it is most likely it is a short drive to see the beauty of the Earths landscapes that surround us. Aside, from natures scenery, there are many geographical settings that are a huge part of our heritage and civilization. Many of these landscapes are defined as cultural landscapes, geographic area where a historical event or places which show evidence that a person or a group of people have had a cultural impact(NPS). The Cultural Landscape Foundation defines these landscapes, as those sites that include historic sites, historic designed, historic vernacular and ethnographic landscapes, which reveal aspects of the countrys origins and relationships with the natural world(TCLF). Many countries have their own cultural landscapes that attract visitors from around the world, each offering its own unique aspects of the world and provides scenic, economic, ecological, social, recreational, and educational opportunities(TCLF). These cultural landscapes are pictures, similar to a family portrait, which one cherishes, protects and preserves for the future generation. These images tell a story that teaches us about our history, cultures, and traditions. One cultural landscape that is an important part of North American heritage is Yosemite National Park, which is situated in Californias central Sierra Nevada Mountain Range(NPS). This American antiquity is rich in ethnographic landscapes, which are natural resources that connect people with heritages, land settlements, sacred religious or ceremonial grounds, communities, and geological structures (TCLF). This federally designated park consists of 747,956 acres of wilderness, roughly the size of the state of Rhode Isla nd and is home to five of the worlds highest waterfalls and groves of Giant Sequoias (NPS). Yosemite is an archaeological wonder, which tells the story of Americas rich history long before Christopher Columbus came to America. The recorded history is that of the first settlers, the Ahwahneechee, the Native American people who lived on the land 8,000-10,000 years ago (Hamilton 12). According to US Parks website the native people of Yosemite had a rich heritage and culture of traditions, religion, songs and lived fairly peacefully in the Sierra Nevada foothill, until the arrival of Euro-American miners (US Parks). During the California Gold Rush (1848-1855), European- American settlers traveled to the Sierra Nevada to mine the land and seek their fortunes (Hamilton 12). Soon after their arrival, the local natives desperately tried to protect their homeland from the white settlers greed and the damage they are doing to their land. By 1849, thousands of miners had settled in the Sierra Nevada, forcing the natives in the valley region. In retaliation, the native attacked the pro spectors, leading to Mariposa War in December 1850 (Military Museum). In hopes of ending the conflict, James Savage, a businessman, and soldier of the Mexican-American Savage organized a militia of miners, who called themselves, the Mariposa Battalion, to violently force out the native populations and take over the land for the mining of gold (US Parks). The war ended in July 1851, with the signing of a peace treaty and also led to the discovery of the Yosemite Valley (Military Museum). The discovery spread across the world, drawing more settlers to the area. In the years that followed, given Yosemites uniqueness of natural landscapes and formations, the park attracted photographers and artist to create images of the majestic landscape, hence nicknaming it The Incomparable Valley (NPS). The valley also caught the attention of scientist, historians, and educators, who studied the landscape and the natural environment (NPS). However, over time the valley began to show signs of ecosystem damage, and for that reason, President Abraham Lincoln stepped in and created the Yosemite Grant Act, to protect Yosemite Valley and the Mariposa Grove(MilitaryMuseum.org). The act was signed in 1864, relinquishing the land to the State of California, making it the first land ser aside wholly for preservation, public use and our nations first state park(Military Museum.org). According to the National Park Service, an estimated 4 million people from around the world visit the park each year to enjoy the majestic beauty and history of yesterday(NPS). For the outdoor adventurer, the park offers camping, hiking and for the more adventurous, the thrill of rock climbing. Tourists can explore the historic mining sites, tour the primate lodging establishments, and villages of theAhwahneechee people. For educators, students and visitors who want to learn the history and explore the geological findings, the Yosemite Museum houses a magnificent collection of more than four million artifacts and over 10,000 books (NPS). In 1984, UNESCO, the United Nations Educational, Scientific and Cultural Organization, recognized Yosemite National Park, a natural and cultural heritage site which is valuable to humanity and the enjoyment of future generations and declared it a World Heritage Site (UNESCO). As a WHS, Yosemite is protected by the mission of the World Heritage Convention, an international partnership and legal presentation which safeguards cultural or natural places of outstanding universal value(UNESCO). To date, there are 1677 sites on the WSH list, and each year more are added or removed. Currently, 55 WHS, in threat of disappearance caused by natural deterioration, causes or disasters, land development, war, and or changes in ownership (UNESCO). In 2016, Yosemite National Park was is such danger and needed the assistance of UNESCO to protect it. For as Yosemites tourism grew, so did its need for a park management plan, contracts, and services from outside the US Parks Service and eventually, Yosemite was operating like Disney World, with themed hotels, concession stands, restaurants, and attractions. With that came big business and profits for those businesses not associated with the parks service and government of California. Even though Yosemite is a national landmark and protected by the state of California and the federal government, the Antiquities Act, the Parks Service, and UNESCO, the park is in peril. It is not in danger of environmental issues or changes due to human impact, the danger lurches from a big commercial enterprise. On March 1, 2016, US Park Service decided not to renew the contract of Delaware North, the hospitality company, who since 1993 operated the restaurants, hotels, shops, and other properties at Yosemite Park (Fuller). When the contract expired, the company took claim to the parks name and properties and refused to turn it over to the new hospitality company, Aramark (Hiltzik). Thus, forcing the National Park Service to either buy back the name or rename on the park, hotels, and attractions. According to an article in the Washington Post, journalist Sarah Kaplan stated that on the day Delaware Norths contract expired, two National Historic Landmark were renamed. The Ahwahnee Hotel became the Majestic Yosemite and Curry Village was renamed Half-Dome Village(Kaplan). All merchandise bearing the name Yosemite National Park was removed from gift shop(Kaplan). According to an article written by attorneys Klein Wilson, the lawsuit, has transformed the park [into a place where visitors feel a s if] greed has infiltrated [their world] (Klein Wilson). Changing the iconic names would take away everything we have come to know and cherish about the uniqueness, history, and heritage of the park. For the exclusive purpose of greed, a company is threatening to destroy the name of a national world heritage site, a global antiquity and a natural wonder of the world. A similar case of the rights to cultural property is the political and scientific legal battle over ÃÆ'-tzi the Iceman who was found near Hauslabjoch in the ÃÆ'-tzal Alps. According to the story, On September 19, 1991, two German hikers came across a well-preserved body of a man frozen in the ice (South Tyrol Museum). Since the discovery site was in close proximity to the Austrian-Italian border, neither government knew who had claimed to the 5,300-year-old corpse (South Tyrol Museum). After an investigation by Austrian scientists and archeologists, who believed him to be an ancient Austrian Trader, they nicknamed him ÃÆ'-tzi, after the region in which he was found. (South Tyrol Museum). However, after further research, it was discovered that the Iceman was actually an Ancient Italian Trader and the Italian government demanded the return of their cultural property. In 2001, based on this scientific evidence, Ortzi was returned to his homeland and now rests in the South Tyrol Museu m of Archaeology in Bolzano, Italy (South Tyrol Museum). In the case of Delaware North vs.Yosemite, the battle is over the legal rights to the trademarked name of a national icon. According to an article by Thomas Fuller, in the NY Times, the United States Trademark Act bars a trademark that falsely suggests a connection with a national symbol (Fuller). Fuller furthermore states, according to Sarah Maxwell, an official at the trademark office, the law bars trademarking national or state flags, but there was no explicit prohibition on the trademarking of other American icons(Fuller) According to Dan Jensen, a consultant to Delaware North, trademarking is a standard practice and Delaware North just wants its successor, Aramark, to pay for the full value of the intellectual property it is now managing(Hiltzik). Intellectual propertyrefers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce(WIPO)[A1]. In this lawsuit, the logos, images, and designs created by Delaware North are legally owned by them. Even though there are federal acts, and organizations like UNESCO to protect and preserve our national landmarks and cultural antiquities, there are loopholes that allow companies and groups to stake a claim to the properties. For example, many famous stadiums and arenas names are changed to sponsors name. To name a few, Riverfront Stadium, became Cinergy Field, San Diego Stadium was renamed Petco Park and legendary Candlestick Park is now known as ATT Park (Morran). Although stadiums arent national landmarks, they still hold the same historical significant for those who grown up going to those stadiums. For instance, baseball player, Willie Mays played his last game of his career at Shea Stadium, not Citi Field. [A2]Larry Bird played basketball at the renowned Boston Garden, not at TD Garden. [A3][A4][A5][A6] When did we become a country where marketing and profit were more important that [A7]holding on to our heritage? Our nations capital is named after our first [A8][A9]president George Washington. The Kennedy and Johnson Space Centers are named for presidents John F Kennedy and Lyndon Johnson, who supported the space program. Many buildings are dedicated to soldiers and others who have made the ultimate sacrifice for their country. If we allow corporations to change the names of these properties, we are permitting them to disrespect the memory of these great people and our history. We should never allow corporations for the mere purpose of marketing their products to change the names of historical sites and national landmarks. What if Taco Bell, bought the Statue of Liberty, would it be renamed The Taco Bell Lady? As more and more concessionaires, like Pepsi, Papa John, and [A10]Starbucks, are operating at historical landmarks, will the case of Delaware North set a precedent? Imagine Y ellowstone Park, being Starbucks Park or Niagara Falls, renamed Papa John Falls. This is what will happen if we continue to consent to commercialization of America.[A11][A12][A13] As an American citizen, one should stand up to the greed that threatens to destroy our heritage. We should look beyond the laws and statutes that allow companies to take away the names of cultural landscapes and properties that represents our nation and its people. It is our responsibility to protect and preserve this planet we inherited, and as in doing so, we are respecting and preserving the legacy of every World Heritage Site, so as to preserve the history for future generations. Works Cited   Ã‚   Beck, Warren A, and Ynez D Hasse. California and the Indian Wars: Mariposa Indian War, 1850-1851. California and the Indian Wars: Mariposa Indian War, 1850-1851, www.militarymuseum.org/Mariposa.html. Accessed 2 Mar. 2017. Fuller, Thomas. Bitter Contract Dispute Extends to Who Owns Yosemite Names. The New York Times, The New York Times, 1 Mar. 2016, www.nytimes.com/2016/03/02/us/bitter-contract-dispute-extends-to-who-owns-yosemite-national-park-names.html. Accessed 1 Mar. 2017. Hamilton, John. History. Yosemite National Park, Abdo Pub., Edina, MN, 2005, p. 12. Hiltzik, Michael. The Corporate Grab behind the Yosemite Park Trademark Clash. Los Angeles Times, www.latimes.com/business/hiltzik Accessed 15 Mar. 2017. Kaplan, Sarah. A Private Company Trademarked the Phrase Yosemite National Park. Should the U.S. Pay to Get It Back? The Washington Post, WP Company, 21 Mar. 2016, www.washingtonpost.com/news/morning-mix/wp/2016/03/21 Accessed 10 Mar. 2017. Klein Wilson. Defend Yourself against Copyright Infringement. Klein Wilson, 1 Mar. 2017, www.kleinandwilson.com/blog/2017/03/defend-yourself-against-copyright-infringement.shtml. Accessed 2 Mar. 2017 Morran, Chris. 20 Years Ago, Only 1 Baseball Stadium Had A Corporate Sponsor; Now All But 9 Do.Consumerist, 27 Sept. 2016, consumerist.com/2014/02/06/20-years-ago-only-1-baseball-stadium-had-a-corporate-sponsor-now-all-but-9-do/. Accessed 11 Mar. 2017. NPS. Defining Landscape Terminology / Cultural Landscape Guidelines. National Parks Service, U.S. Department of the Interior, www.nps.gov/tps/standards/four-treatments/landscape-guidelines/terminology.htm. Accessed 6 Mar. 2017. NPS. Rethinking the National Parks for the 21st Century. National Parks Service, U.S. Department of the Interior, www.nps.gov/policy/report.htm. Accessed 5 Mar. 2017. NPS. Yosemite National Park Celebrates 120th Birthday on October 1. National Parks Service, U.S. Department of the Interior, www.nps.gov/yose/learn/news/yose120.htm. Accessed 5 Mar. 2017.. South Tyrol Museum of Archaeology. The Discovery. South Tyrol Museum of Archaeology, www.iceman.it/en/the-discovery. Accessed 1 Mar. 2017. TCLF. About Cultural Landscapes. About Cultural Landscapes | The Cultural Landscape Foundation, The Cultural Landscape Foundation, 2001, tclf.org/places/about-cultural-landscapes. Accessed 6 Mar. 2017. UNESCO. UNESCO World Heritage Centre. http://whc.unesco.org/En/Culturallandscape, whc.unesco.org/. Accessed 2 Mar. 2017. US Parks Yosemite National Park History. Yosemite National Park History, National Parks Travel Guide Road Trip Planning, www.us-parks.com/yosemite-national-park/history.html. Accessed 5 Mar. 2017. WIPO. What is Intellectual Property? WIPO World Intellectual Property Organization. Accessed Web. 12 Mar. 2017. [A1]Inserted: IPO [A2]Inserted: , [A3]Deleted:, [A4]Deleted:ipo [A5]Deleted:s [A6]Deleted:, [A7]Inserted: ere [A8]Inserted: te [A9]Inserted: a [A10]Inserted: , [A11]Deleted:as [A12]Deleted:o [A13]Deleted:s

The Role of Women in Homer’s Iliad Essay -- Iliad Thetis Andromache He

The Role of Women in Homer’s Iliad Homer’s Iliad is undoubtedly focused on its male characters: Achilles, primarily, but also Hector and Agamemnon. Nevertheless, it seems that the most crucial characters in the epic are female. Homer uses the characters of Thetis, Andromache, and Helen as a basis for comparison to the male characters. Homer wants his audience to see and understand the folly of his male characters in choosing war over peace, aggression over kindness, and honor over family. While the behavior of these characters clearly speaks for itself, the contrasting attitudes and behaviors of the female characters proffer an alternative; in comparison, the reader can hardly fail to concur with Homer’s message that war, aggression, and honor are misplaced and self-defeating values. The men of the Iliad are very emotional individuals; however, the emotions they express are consistently rage, pride, and jealousy. Achilles and Agamemnon jealously bicker over Briseis, a war prize that neither man particularly values. Agamemnon eventually returns her to Achilles with the admission that he never actually coupled with her; Achilles is less-than-enthused to have her back. Not only is Briseis, as a woman, regarded less as a human being as she is chattel, but the real issue dividing Agamemnon and Achilles is petty jealousy and pride. This is symptomatic of a general attitude among men that "might makes right," and the only priority is to exert a dominance over others whenever possible and at any cost. Achilles is willing to risk the lives of his compatriots and eventually forfeits his own life in pursuit of glory. Hector also loses his life and fails his family and country for glory despite having weighed the alternatives and con... ... remembered for their great glory. Kindness, to them, is a weakness; yet ironically, it is their kindness for which they are remembered and mourned by those who loved them best. One role of the women of ancient Greece was mourning for the dead; the lamentations of the women in the Iliad are a role well fulfilled. Works Cited and Consulted: Calame, Claude. Choruses of Young Women in Ancient Greece : Their Morphology, Religious Role, and Social Fucntion.  Trans. by Derek Collins and Jane Orion. 1997. Sissa, Giulia. 1990. Greek Virginity. Trans. by Arthur Goldhammer. Cambridge, MA: Harvard University Press. Orig. pub. as Le corps virginal. 1987. 000: Librairie Philosophique J. Vrin. Steiner, George, and Fagles, Robert, eds. Homer: A Collection of Critical Essays. Twentieth Century Views, ed. Maynard Mack. Englewood Cliffs, N. J.: Prentice Hall, 1962.

Data Base Management

Data Base:It is the collection of data regarding an individual, group of people working together, a department in an organization or an organization.[1]Types of Data Base:Depending on the number of people, database is classified into 4 types.1.  Ã‚  Ã‚  Ã‚  Ã‚   Personal Database:   It is for an individual or single user.2.  Ã‚  Ã‚  Ã‚  Ã‚   Workgroup Database:   If the employees number is in between 10-15 people.3.  Ã‚  Ã‚  Ã‚  Ã‚   Department Database: It is for 15-50 employees.4.  Ã‚  Ã‚  Ã‚  Ã‚   Enterprise Database: If the no of employees is more than 50 people.Database Model:A Database Model is a visual plan for building a database. It focuses on representing the data as the user actually sees it, bridging between the concepts that make up real-world events.Raw DataThis is the process in which, raw data is collected and is converted into information which is the filtered raw data. Then, the information is described in the proper form called as the meta data which is the data description and this data is collected to form a database. So, database is the organized collection of related data.Data Definition:One very important role of a database management system is to maintain the data definitions for each table and columns in the database.   Each piece of data must be assigned a name, a data type (e.g. date, alphanumeric, numeric) and a mandatory/optional status.[2]Architecture:There are three levels in the design architecture of the database.1.  Ã‚  Ã‚  Ã‚  Ã‚   User design:   It can be used by any no of users. It is operational database.2.      Logical design: It is the logical structure of database. It is irrespective of the hardware or other things. It concerns only with logical structure.3.  Ã‚  Ã‚  Ã‚  Ã‚   Physical design: It concerns with the hardware requirements of the data base. It is not related to either the user or the logical structure.There are different types of DBMS products: relational, network and hierarchical etc but the most commonly used database management system by most of the commercial organization is the Relational Database Management Systems (RDBMS).Data Structures: Data structures (fields, records, files and objects) optimized to deal with very large amounts of data stored on a permanent data storage device (which implies relatively slow access compared to volatile main memory).Database Project:The database project would be developed in different stages like1.  Ã‚  Ã‚  Ã‚  Ã‚   Initiation which includes the gathering and defining the data and their types.2.  Ã‚  Ã‚  Ã‚  Ã‚   Planning of the requirement and how to generate the required outputs.3.  Ã‚  Ã‚  Ã‚  Ã‚   Design which includes two parts1.  Ã‚  Ã‚  Ã‚  Ã‚   Physical Design: Gathering the hardware requirements.2.  Ã‚  Ã‚  Ã‚  Ã‚   Logical Design:   Designing the logical structure of database.4.  Ã‚  Ã‚  Ã‚  Ã‚   Implementation in which we provide the required data to the database.5.  Ã‚  Ã‚  Ã‚  Ã‚   Maintenan ce: It includes the proper co-ordination of the input and the  Ã‚  Ã‚   requirement.Maintenance:The database project will be maintained using a repository server which provides all the required data and logical functions that are used in the project.Deploy:It is a process of delivery of the output obtained in the project to the client who sends the feed back depending on the report he receives.References:Encyclopedia:Data base management systems, Retrieved 12:06, 17 December 2007.https://en.wikipedia.org/wiki/DatabaseBook:Robert V.Henry, Data Base Management System.Internet blog:1. Information Technology Toolbox, Inc. (1998-2007)2. Database Management systems.[1] Encyclopedia:  Data base management systems, Retrieved 12:06, 17 December 2007.https://en.wikipedia.org/wiki/Database [2] Information Technology Toolbox, Inc. (1998-2007)http://database.ittoolbox.com/

Common Law and Equity

The Development of Common Law and Equity Common Law has been functioning in England since the 1250’s, two centuries after William the Conqueror defeated Earl Harold Godwinson in the Battle of Hastings in 1066 and became King. It was then in 1066 that Law began to be standardised. There were, however, problems with the Common Law system and people were becoming dissatisfied with the remedies distributed by the Court. As a result, the Court of Chancery was established and could provide whatever remedy best suited the case.This type of justice became known as equity. When William the Conqueror gained the English throne in 1066, he constituted the Curia Regis, an instrument he used to govern the country and a court for deciding disputes. Representatives from the Regis were sent out to the different localities of the country to check local administration and were ordered to make judgement of the effectiveness of the custom laws functioning in their designated locality and report ba ck to the King in Westminster.When the representatives were summoned back, they were able to discuss the various customs of each locality and were able to form, through rejecting unreasonable laws and accepting those that appeared to be rational, a consistent body of rules. During the process of sifting, the principle of ‘stare decisis’ was created, which translates to ‘let the decision stand’. Whenever a new problem of law was to be decided, the decision formed a rule and it was mandatory that the rule was followed in all similar cases. By 1250, a common law had been established, that ruled the whole country.However problems soon arose regarding the remedies distributed by the Common Law Court and people soon became dissatisfied with the system. One of the first complaints was concerned with the writ system. In the common law courts, civil actions had to be started by a writ. Early on, new writs were created to suit new circumstances, however this stopped in the thirteenth century. Litigants had to fit their circumstances to one of the available types of writ. If the case did not fall into the existing writ, the case could not be taken to court.Many people found their cases to be rejected for the reason that there was no writ to satisfy their case and so they were not given justice. A second complaint was related to the remedy of damages. What the court did not realise was that money was not always an adequate solution to every problem. A final problem that arose with the system was that it was inflexible. The principle of ‘stare decisis’ meant that when a decision was given in a case of a certain kind, the same legal principle had to be followed in subsequent cases, no matter what the situation of the claimant.As a result, people started to petition the king who was thought of as the ‘fountain of justice’. After a while, the king passed on these petitions to the Chancellor who was usually a member of the cl ergy and was thought of as ‘the keeper of the king’s conscience’. Before long, litigants began to petition the Chancellor himself and by 1474 the Chancellor had begun to make decisions on the cases on his own authority rather than as a substitute for the king. This was the beginning of the court of Chancery.In the court of Chancery, litigants appeared before the Chancellor and he would deliver a verdict on the presented case based on his own moral view of the situation. Unlike the Common Law court, the court of Chancery could provide whatever remedy best suited the case and this type of justice became known as equity. Before equitable rules could be applied, equity devised maxims, developed to certify that the verdicts made were morally fair, which had to be contemplated prior to a final court decision.One of these maxims, â€Å"He who comes to equity must come with clean hands†, states that claimants who have in some way been in the wrong in the past will not be granted an equitable remedy. An example illustrating this maxim would be the D+C Builders v Rees (1966) case, were the Rees was denied an equitable estoppel as they had taken unfair advantage of the builder’s financial difficulties and therefore had not â€Å"come with clean hands†. A second maxim, â€Å"He who seeks equity, must do equity†, articulates that anyone who seeks equitable relief must be prepared to act fairly towards their opponent.In the Chappel v Times Newspapers ltd (1975) case, newspaper employees applied for an injunction to prevent their employers from carrying out the threat of sacking them unless they stopped their strike action. The court said that in order for them to be awarded the remedy, the strikers should withdraw their strike action if the injunction was granted. The employees refused and so the injunction was not granted. Another maxim is â€Å"Delay defeats equity†. This maxim states that where a claimant takes an un reasonably long time to bring an action, equitable remedies will not be available.This is exemplified in the Leaf v International Galleries (1950) case where the claimant, Leaf, had bought a painting for a considerable amount of money however he found, five years later, that it was not the genuine constable he thought it was. When he claimed the equitable remedy of rescission, it was refused as the delay had been too long. In response to the complaints regarding the remedies offered by the common law courts, equity increased the number of remedies available to the wronged party.Instead of just being given then remedy of damages, claimants could now be granted an injunction, which is an order given to defendants to do or not do something, specific performance, which compels a part to fulfil a previous agreement, a rescission, which restores parties of a contract to the position they were in before the contract was signed and rectification, which is an order that alters the words of a document which does not express the true intentions of the parties to it.These remedies offered by the court of chancery are discretionary. A claimant who wins a common law court case is given the remedy of damages as of right, however the courts may choose whether or not to award an equitable remedy. Equitable remedies are therefore not given as of right. Due to the improvements made by equity regarding remedies, the court of chancery became very popular and caused some resentment amongst the common law courts.The lawyers of the common law courts argued that the quality of the decisions made in the court of chancery varied with the length of the chancellor’s foot, meaning that the outcome of each case depended on the qualities of the individual chancellor. The tension between the two courts grew to an all-time high in the Earl of Oxford’s case (1615), where a judgment of Chief Justice Coke was allegedly obtained by fraud. The Lord Chancellor issued a common injunctio n of the Chancery prohibiting the enforcement of the common law order.The two courts became locked in a stalemate, and the matter was eventually referred to the Attorney General. The Attorney General upheld the use of the common injunction and concluded that in the event of any conflict between the common law and equity, equity would prevail. Equity’s primacy in England was later enshrined in the Judicature Acts (1873-75), which provided that equity and common law could both be operated in the same court and there would no longer be different procedures for requesting remedies from equity and the common law.To conclude, it was William the Conqueror who came up with the initial idea of establishing a common law and after two centuries of sifting through the custom laws of the numerous localities of the country, a common law had been established that ruled the whole of the country. However problems in the common law system soon arose regarding the writ system, the inflexibility of the system, and the remedy of damages. The court of chancery was established and it is here that equity functioned.Equity brought in new equitable remedies such as injunctions, specific performance, rescissions, and rectifications however before these remedies could be granted, the case being presented had to conform to the equitable maxims which were developed to certify that the verdicts made were morally fair. The court of chancery became very popular and caused some resentment amongst the common law courts, whose lawyers argued that the quality of the decisions made in the court of chancery varied with the length of the Chancellors foot.As a result of the Earl of Oxford case, whenever there is conflict between the common law courts and equity, equity will prevail, which allows for the further development of equity today. The Judicature Acts of the 1870’s provided that equity and common law could both be operated in the same court and there would no longer be different procedures for requesting remedies from equity and the common law. In short terms, if it was not for common law and the faults found in its system, equity would cease to exist.

Seminar Paper Example

Seminar Paper Example Seminar Paper – Book Report/Review Example War Photographer Number War Photographer This is a book that is written on a particular photographer who takes photographs on war scenes. The reading is all about the effects of war on the society. This can be well attributed to the fact that the writer presents the many photographs that the photographer takes on various war scenes. The photographs are clear implication of pain and suffering among the victims. The writer thinks that it is very crucial if action was taken in order to end the raging wars. This, in regard to him, would assist him in the reduction of the various horrible cases covered by the photographer. The writer emphasizes on his implications by ensuring that there are as many photographs of the war scenes as possible (Nachtwey)Among the photographs presented, there is a photograph of an individual with serious bruises in the face. He has a very irregular facial texture due to a cause that is proposed said to be fire burns. These fire burns were as a result of war wh ere he was set on fire inside a house. This tries to indicate the intensity of the effects of the wars. The [photograph indicates that the individual is recovering from the tragic bruises. However, the photograph also indicates that the bruises are recovering poorly. This is a possibility of poor medical attention among victims of war (Nachtwey)This in general highlights the need for the required measures to b e taken to stop wars. It also indicates the courageousness of the photographer. He goes to astonishing heights to take photographs that uncover various evils caused by wear that have to be stopped immediately (Nachtwey)Work Citedovguide.com/war-photographer-9202a8c04000641f800000000086a26e(2001) War photographer VOSTFR. Dir. Christian Frei. Perf. James Nachtwey. 2001.