Doctrine of Judicial Precedent

Doctrine of Judicial Precedent The Extent the Doctrine of Judicial Precedent Allows for Judicial Law Making, In a legal parlance, judicial precedent is referred to as the tradition of judges who are bound to follow the decisions laid down in previous cases which exhibit similarity of facts. Arguably, stare decisis forms the basic tenet of judicial precedent. Ideally, the principle would mean that in practice the decisions rendered by the superior courts are supposed to bind the lower courts in subsequent cases. As a result, legal scholars have argued that this legal tradition ensures that the law promotes fairness and consistency. A good example of judicial precedent is elaborated in Donoghue v Stevenson[1] where the House of Lords reasoned that consumers were owed a duty of care by manufacturers. Subsequently, the decision laid down, bound the court in Grant v Australian Knitting Mills[2]. For the record, as a source of law, judicial precedent offers judges a reference point in future cases. On the first premise, it is important to note that a binding precedent would occur only where the factual features of the previous case resemble the current one. This decision is whats known as the Ration Decidendi, and should not be confused with the Obiter Dicta, which is persuasive in nature only. Arguably, it is from this point of view that legal scholars have concluded that the doctrine is complex in practice and open to misinterpretation. In the UK court hierarchy, courts at the bottom are bound by judgments entered by the higher courts. At the summit, lies the European Court of Justice (one should take notice that the UK has voted to leave the EU), second in superiority is the House of Lords whose decision mandatorily bounds every court below it. A second tier appeal enables the HOL to redirect law when taken a wrong turning. This is found in The Court of Appeal which possesses two divisions. Arguably, the rulings of the European Court of Justice and the House of Lords bind th ese two divisions. Also, the two divisions, are bound by their own decisions[3], although there is flexibility with respect to how the criminal division handles cases involving persons liberty[4]. The High Court together with the Divisional Courts is supposed to follow the decisions rendered by the House of Lords. However, it is worth noting that the lower courts cannot overturn these rulings, often diminishing the role of judges when in disagreement[5]. Appreciative of the facts discussed above, between the year 1898 and 1966, it was an already established tradition that the House of Lords should mandatorily follow their previous decisions. As a result, this made the law to be very consistent in their applications due to judgments rendered in London Street Tramways v London County Council[6]. Ideally, it was from this observation that Lord Gardiner LC in 1966 delivered a Practice Statement[7], noting that the rigid adherence to precedent may lead to injustice in a particular case and also unduly restrict the proper development of the law.[8] Arguably, this opinion by Lord Chancellor illustrates the doctrines limitations and lack of flexibility. A recent example of this can be found in R v R[9] whos decision only reiterated what we already know. However, be that as it may, the doctrine allows a small opportunity for judicial lawmaking through the prism of distinguishing, overruling and reversing. The two techniques appeared to be endorsed by the statements of the Lord Chancellor where he opined that the House of Lords would be permitted to depart from a previous decision when it appears right to do so.[10] This would mean that departing from previous decisions would lessen the rigidity of the principle and expand the scope of judicial precedent as a lawmaking tool. Distinguishing is used in situations where the judge draws a distinction between the current case and a previous case which ordinarily he or she would be bound by, they would then proceed by showing that the facts differ and not suffice to bind them. As a result, the judge departs from being bound by the previous decision thus allowing a new law to be created. The differences in Balfour V Balfour[11] and Merritt v Merritt[12] were so pronounced. Although the two cases pertained a wife and a husband, in Balfour v Balfour it had the characteristic of a domestic arrangement implying that legal intention did not exist. However, in Merrit v Merrit it was clear that the so-called agreement was created after the two had separated, which meant that the agreement was binding legally. Keenly looking through this window, the doctrine allows minimally for judicial lawmaking. Another scenario is overruling, where the judge rules that the judgment rendered in a past case is erroneous. Through the Practice Statement, the House of Lords has the leeway to overrule their decisions. For example, in Davis v Johnson[13] and also in Pepper v Hart[14], the House of Lords opined that parliamentary Hansard could be consulted to decipher the meaning of particular words in a legislation however this is only when so called legislation is riddled with ambiguity or absurdity[15]. Finally, reversing is where the decisions by the lower courts are overturned by a higher court. For example, the High Court rulings or judgments can be overturned by the Court of Appeal. In conclusion, the doctrine of judicial precedent has been mostly referred to as a fetter[16] in the English legal system. As demonstrated, it is this rigidity which has limited its scope to acting as a judicial lawmaking tool. Certainty in law is very critical. However, that being said, rigidity in judicial precedent negatively affects the development of the law. Looking at this perspective, one would agree with Lord Halsbury wisdom that there is more to the law than a mere process of logical deduction.[17] Table of Authorities Balfour v Balfour [1919] 2 KB 571 (CA) Davis v Johnson [1978] AC 264 (HL) Donoghue v Stevenson [1932] AC 562 (HL) Grant v Australian Knitting Mills [1936] AC 85 (PC) London Street Tramways v London County Council [1898] AC 375 (HL) Merrit v Merrit [1970] 1 WLR 1211 (CA) Pepper v Hart [1992] AC 593 (HL) R v R [1992] 1 A.C. 599 (HL) Young v Bristol Aeroplane Co Ltd [1944] KB 718 (CA) Books Barker D and Padfield C, Law (1st edn, Made Simple 2002) Denning A, The Discipline Of Law (1st edn, Butterworths 1979) Walsh-Atkins P, AS UK Government Politics (1st edn, Philip Allan Updates 2010) Wilson S and Storey T, English Legal System (2nd edn, Oxford University Press 2016) Journals McCormick D, Can stare decisis be abolished? (1966) 11 Juridical Review 196 Pickett C, Precedent in the Court of Appeal (1980) 43 Modern Law Review 136 [1] [1932] AC 562 (HL). [2] [1936] AC 85 (PC). [3] As seen in Young v Bristol Aeroplane Co Ltd [1944] KB 718 (CA) 719 (Lord Greene MR). [4] Wilson SR and others, English Legal System (2nd edn, Oxford University Press 2016) 148 [5] Patrick Walsh-Atkins, AS UK Government Politics (1st edn, Philip Allan Updates 2010). [6][1898] AC 375 (HL). [7] Practice Statement (Judicial Precedent) [1966] 1 WLR 1234 [8] Alfred Thompson Denning, The Discipline of Law (1st edn, Butterworths 1979). [9] [1991] 1 AC 599 (HL). [10] Neil MacCormick, Can stare decisis be abolished? (1966) 11 Juridical Review 196. [11] [1919] 2 KB 571 (CA). [12] [1970] 1 WLR 1211 (CA). [13] [1978] AC 264 (HL). [14] [1992] AC 593 (HL). [15] ibid [617] (Lord Griffiths), [621] (Lord Brown Wilkinson). [16] D. L. A Barker and Colin F Padfield, Law (1st edn, Made Simple 2002). [17] McCormick (n 9).

Tom Robinson is Proved Guilty Before Trial Essays -- Kill Mockingbird

Tom Robinson is Proved Guilty Before Trial In the novel, To Kill A Mockingbird, by Harper Lee, Tom Robinson, the black man falsely convicted of rape, had absolutely no chance of a fair trial. There is proof of this in the time period in which it occurred as well as evidence from the novel itself. Tom Robinson had an unfair trial because it was his word against the Ewell’s, a white, trashy family. To Kill A Mockingbird took place in the 1930’s, a time that was enormously charged with racial tension. One example of this is the existence of the Ku Klux Klan (KKK). Even though the KKK was in a time of decline in the 1930’s, it had been very prominent in the 1920’s and had still not completely died out. The KKK had rallies and marches. They even marched in Washington D.C. several times. They burned crosses on the lawns of any white person who would show favor towards blacks in an effort to scare them away from helping black folks. The KKK was an extremely violent group. â€Å"While African-Americans still bore the brunt of much Klan violence, Jews and Catholics topped the enemy’s list, followed by immigrants and those who transgressed Klan’s vision of morality† (â€Å"History†). The KKK showed their violence in several ways. Lynchings occurred very frequently as did raids of people’s homes. Although not all lynchings were caused by the KKK most of them were. Lynchings were held very often in the South during the time when the KKK was prominent. During these lynchings, people were often pulled from their homes at night, beaten within an inch of their lives, and sometimes they were hanged or burned alive. These lynchings occurred most frequently among black people although white people were lynched as well. After t... ...case. The fact that the trial took place in the 1930’s in the South put automatic guilt over Tom Robinson’s head. He did nothing wrong, but that was not enough to convince the jury of his innocence. Works Cited Chalmers, Allan K. They Shall Be Free. Garden City: Doubleday & Company, 1951. "History of the Ku Klux Klan: The Second Era of the Ku Klux Klan, 1915, 1944." HateWatch.org. 13 Feb. 2001. http://www.hatewatch.co.uk/klan/2nd_era1.html. Lee, Harper. To Kill a Mockingbird. New York: Warner Books, 1960. "Scottsboro Case." 1999-2000. Encyclopedia Brittanica. 11 Mar. 2001. http://www.britannica.com/bcom/eb/article/printable/2/0,577,68092,00.html. Pansdell, Hollace. "Report on the Scottsboro, Ala. Case ." American Civil Liberties Union 27 May 1931. 11 Mar. 2001 http://www.law.umkc.edu/faculty/projects/FTrials/scottsboro/SB_HRrep.html.

The Driving Way :: essays papers

The Driving Way Selecting a career path is the easiest decision one can make; I have chosen five in the nine years since high school. The problem is selecting a path and following it to completion. When I returned to school for my most recent career path, I worked hard and did well for the first several months. Then, I started staying out late with a young lady, and the amount of time that I applied to school decreased by an order of magnitude. After several weeks with her, it was apparent that my grades were going to be bad. I told my father that I was not doing well in school, and that I was going to quit school to work full time again. He surprised me when he replied, "Do you remember the first time that I let you drive?" Although I vaguely remembered the event, I said, "Of course I do." Father then ask, "Do you still drive as poorly as you did that day?" Sensing one of the old man's long-winded speeches about to start, I harshly said, "No, what's your point?" After my abrasive reply, Father shook his head and started reading a book. Although I did not want to hear his speech, I could not keep from wondering what he wanted to say. I thought about the Saturday morning that my father let me drive for the first time. He drove me to a stretch of road so long and straight that you could see it converge in the horizon. He pulled over and told me to swap seats with him. Despite being nervous, I wasted no time getting behind the wheel. Timidly, I put the car in drive and pulled into the road. Father then said, "All that you have to do is point it straight and keep it between the lines." With father's advice about driving in mind, I carefully lined the car between the lines and headed down the road. I did well for the first several minutes. Then, my mind wandered, and I started paying less attention to the road. In a few seconds, I felt a thump and heard the car hit gravel. I overreacted and jerked the wheel; the car slid sideways, and suddenly we stopped. I was sure that my father was going to yell about my poor driving, but he quietly said, "Son, let me clarify my advice to you.

Colgate Max Fresh: Global Brand Roll-Out Essay

Executive Summary The United States, Mexican and Chinese markets all took very different approaches to the release of Colgate-Palmolive’s (CP) newest oral care product in 2004-2005. The new toothpaste is called Colgate Max Fresh (CMF). It is a cavity preventing gel with breath-freshening strips suspended in it that dissolve while consumers brush their teeth. The technology behind the breath strips is patented, and Colgate was hoping the product would be a big success by providing unique freshness. In the United States, research was done and new bottling was designed to optimize the appearance of the new toothpaste. The advertising was also focused on the freshness that result from the breath strips and the product was very successful. CP then decided to release the product worldwide. In Mexico the ad campaign was changed as well as a few other minor changes, but not much was spent on altering the marketing mix for CMF. Colgate Max Fresh proved popular in Mexico and profits were seen in the firs t two years. In China, millions were spent on reconfiguring the marketing mix, and sales were not high enough to make up for the expenses in either of the first two years. In the first year alone, CMF saw a net loss of over $10 million. I have evaluated three options for reducing costs and increasing sales and have determined that the Chinese marketers decided to change the marketing mix too quickly. Instead of looking into what aspects of the U.S. marketing mix would and would not work in China, they made assumptions. The advertising campaign that they came up with was expensive and ineffective. Chinese consumer preferences should have been highlighted in the promotional campaign, and more elements from the original U.S. marketing mix that were costly to â€Å"improve† might not have needed to be changed at all. Current Situation Colgate-Palmolive (CP) is a worldwide company that specializes in oral, personal, and home care, as well as pet nutrition. Of particular interest in this case is oral care. Colgate is an oral care name that is known around the world. Colgate-Palmolive has the majority value share in the  United States, Mexico, and China. In each country, Procter and Gamble’s (P&G) Crest toothpastes are ranking second in market value share. In Mexico, the difference between PC and P&G is huge – PC has market share above 80%. However, in the U.S. and China the market shares are very close: In 2004, Colgate had 34.8% and Crest had 31.6% value shares in the U.S.; in China Colgate had 23.6%, Colgate through partnerships had an additional 8.5%, and Crest had 21.2% shares. CP management was pressured to compete hard against Crest’s new product called Crest Whitening Expressions (CWE). In August 2004 CP launched a new toothpaste product called Colgate Max Fresh (CMF) in the United States. CMF was advertised as premium toothpaste that would provide a â€Å"whole new dimension of freshness.† The product was so successful that CP decided to launch it worldwide. Colgate-Palmolive’s organizational structure is split up by geographic lines, each region having its own management. However, there is another split by category – there is one group responsible for oral care product strategy, resource allocation, and best-practices transfer between regions. This case focuses on the launches in the U.S., China and Mexico. In all three countries flavors varied and different strategies were used in packaging and promotion of Colgate Max Fresh, as described in the table below. Rock-star Jay Chow and â€Å"extreme living.†| â€Å"Snowsurfer† extreme living; provides â€Å"a joy ride for your mouth.†| Additional costs beyond initial product development and standard market testing| Base costs – first country to launch the product.| New flavors cost $200,000 to research and develop. New graphics, aesthetics, advertising campaign cost $1.5 million. New packaging (that failed) cost $1.5 million, and would have increased variable cost by 20%.New green color developed for $7,000.| New advertising campaign cost $500,000 total.Not many other expensive changes were mentioned. Package  size is different from the U.S., but with similar packaging types (and probably similar to other Colgate toothpaste packages).| In Mexico the promotional campaign was completely changed from the U.S. campaign and a third product flavor was introduced. The original two flavors were not changed, reducing costs compared to China. Costs in Mexico were kept low, and in the first two years Colgate saw a net profit in the Mexican market with Colgate Max Fresh. In China, however, many aspects of the marketing mix were changed, increasing costs tremendously. The product was changed by eliminating one of the two original flavors, changing the color of the other, and adding two new flavors. CP China’s management also tried a variety of packaging styles before choosing to use one that would increase the variable cost by 20% per unit. It turned out, however, that the design they chose was not up to CP’s global standards and after spending $1.5 million the idea was thrown out. The advertising campaign was changed to a riskier campaign – that could have been cancelled at any time at CP’s expense – that cost $1.5 million. Even the product name was changed in China. After all of these changes and additional costs, Colgate Max Fresh (Icy Fresh) was not profitable in its first two years. Instead, huge net losses were seen from this product. Problem Identification While CP Mexico made some minor changes to adapt Colgate Max Fresh to their market, CP China redesigned almost every aspect of the product besides the one feature that made it unique – the breath strips. These changes were costly and the product failed to make profits in its first two years in China. Instead, the expenses heavily outweighed the revenues. Instead of marketing like one company, CP China behaved as if it had purchased the rights to use the patented design of CMF and then created a marketing plan from scratch. Alternative Solutions Solution A: Test U.S. marketing plans. Start by testing the unaltered U.S. marketing plans. From the results of that testing, decide what areas need to be altered for the Chinese market. Instead of choosing to change a large variety of aspects of the marketing mix for the Chinese market (as described above), the CP Chinese marketing team could have selectively altered aspects that would have big impacts on sales. Solution B: Cut back on marketing research. Eliminate designing a brand new bottle to put the toothpaste in. Either use a slightly altered version of the U.S. packaging developed for CMF, or use a packaging type that has proven successful in China for previous Colgate toothpastes. Also scale back on color design. Instead of developing ten shades of green, develop only three. In every step of redesigning the marketing plan, try to cut costs by being reasonable. Solution C: Emphasize therapeutic attributes. Emphasize the therapeutic benefits of the Colgate Max Fresh toothpaste. CMF is designed to provide extreme freshness, and instead of focusing on the extremeness, focus on the freshness first and cavity-protection and other therapeutic advantages. These are the two most important features for toothpaste to the Chinese market. Although the concept statement mentions the cavity protection, it is overshadowed in the advertising by the â€Å"cooling crystals.† Breath strips have already proved unsuccessful in China, so the advertising should not focus on them. Instead, the focus should be on the features and aspects that make sense to consumers – freshness and cavity prevention. Evaluation of Alternatives Solution A: Test U.S. marketing plans. By evaluating the effectiveness of the already-produced marketing plan for Colgate Max Fresh, the marketing team would get insight into what works and what doesn’t – what enhances the product in consumers’ eyes and what needs to be re-done for the Chinese market. Money would be saved on marketing areas that can be directly transferred from the U.S. to China. If the ad campaign proved successful in test groups, up to $1.5 million could be saved. The down side to this plan is that only a finite amount can be saved, and this does very little to address sales (revenues). Solution B: Cut back on marketing research. Just by eliminating the packaging scheme, $1.5 million would be saved. A few  thousand may be saved by reducing the re-coloring efforts for the mint flavored toothpaste. Like solution A, this is a plan that would reduce costs, but that does not address revenues. It is unlikely that these reductions in cost would lead to a profitable first year in the Chinese market. Solution C: Emphasize therapeutic attributes. Although freshness is a growing market in China, breath strips never caught on and therapeutic toothpastes are big sellers. By emphasizing preferred features to the Chinese market, sales may be higher and the product may be successful. Of course, the marketing scheme would need to be tested first. In Exhibit 10A, Colgate Max Fresh ranked lower in the â€Å"Importance of Main Message† category. The main message should be important, so that people will remember it and in turn will remember to buy the new Colgate toothpaste. This solution does not address reducing costs, but instead addresses changing the message and increasing sales. Recommendation I recommend solution C, to change the advertisement message. The first two options would both decrease initial costs but would not decrease costs enough to make up for the low sales. According to Exhibit 13 in the case, in its first year Colgate Max Fresh had net sales of about $20 million and net expenses of about $30 million, leading to a $10 million loss. In the second year sales increased by about $3.5 million, expenses were reduced, and the net loss was only about $1.5 million. Any loss is bad, but at least there was a significant reduction in cost and the product was increasing in popularity. If the product had been more popular the first year, that would have made a big difference. I also recommend solution A, but I think C is more important. Reducing costs by eliminating unnecessary changes to the marketing plan already developed in conjunction with a promotion plan that emphasizes the product features that are most highly sought-after would be ideal for CP China. By reducing expenses and increasing sales, CMF may have been profitable in its second (if not first) year. Implementation An attitude change would need to be addressed first. It seems like the  Chinese Colgate-Palmolive oral care management team does not trust that anything the United States team creates will work in China. They created new, expensive schemes for various aspects of the marketing mix without first checking to see if it was necessary or even advisable. Corporate CP needs to get their Chinese team to understand that as part of a global brand, many features can be directly transferred from one country to another – especially successful ones. Next, the Chinese team must evaluate numerous aspects of the marketing mix for Colgate Max Fresh. A few things were evaluated properly, like the name of the product and the way the breath strips are described. CP China did their research to find out if the name â€Å"Colgate Max Fresh† with â€Å"breath strips† would mean anything to the Chinese market. Because it did not translate well, they changed the name. This is the approach the team should take to each aspect of the marketing mix. For instance, when evaluating the advertisements, they should first determine the effectiveness of the United States commercials. If the results are not favorable, they should change the ads to focus on that aspects that the Chinese consumers seek when choosing toothpastes – freshness and cavity prevention. After evaluating each aspect, the unsuccessful ones should be remade by the Chinese marketing team. Once the newly developed plans have been evaluated, they should be compared to the original plans. After that, the product should be ready for the market.

As completely as possible, sketch the supply chain for Zara from raw materials to consumer purchase Essay

Zara makes about 40% of their raw material (fabric). The remaining 60% is outsourced from within Spain, mostly from the La Curuna. Designing of clothes at Zara is done by creative teams of over 300 professionals at the headquarters in La Curuna, Spain. They act on the information fed to them from the stores managers. The first stage in Zara’s production system is cutting of fabric. The design is then sent for sewing by one of several hundred local cooperatives. After sewing, the clothes are returned to Zara’s facilities for ironing by an assembly line of workers. After this, the clothing items are wrapped in plastic and transported on conveyor belts to a group of giant warehouses. In the warehouse, the customised machines patterned after the equipment used by overnight parcel services, sorts, packs, labels, and allocates clothing items for shipment to Zara’s retail stores. For Zara’s retail stores within a 24-hour drive, goods are delivered by truck whereas goods meant for stores beyond 24-hour drive are delivered by cargo jets. Zara sells to customers at their own retail stores, each managed by a retail manager who gives feedback on fashion trends to the design team. 1. Discuss the concepts of horizontal and vertical conflict as they relate to Zara. Channel conflict is generated when one channel member’s action prevent the channel from achieving its goals. It can stem from difference between channel members goals and objectives, from disagreements over the domain of responsibility and from difference in perception of the market place. Channel conflict can be vertical or horizontal. Horizontal Conflict occurs among firms at the same level of the channel. Vertical Conflict, conflicts between different levels of the same channel, is even more common. 2. Which type of vertical marketing system does Zara employ? List all the benefits that Zra receives by having adopted this system. The type of vertical marketing system which Zara employ is the Corporate Vertical System which integrates successive stages of production and distribution under single ownership. Zara makes 40 percent of its own fabrics and produces more than half of its own clothes, rather than relying on a hodgepodge of slow-moving suppliers. New designs feed into Zara manufacturing centers, which ship finish products dirictly to 1,161 Zara stores in 68 countries, saving time, eliminating the need for warehouses, and keeping inventories low. Efective Vertical Integration makes Zara faster, more flexible, and more efficient than International competitors. 3. Does Zara experience disadvantages from its â€Å"fast-fashion† distribution system? Are these disadvantages offset by the advantages? 4. How does Zara add value for the customer through major logistic functions? Zara System One of the successful organizations that use the vertical marketing system (VMS) is Zara which have a distinctive feature of business model. With the aid of the vertical integration, the company is allowed to develop the strong merchandising strategy that continuously led the Zara to create the opportunities particularly in the fast-fashion system. Because of the lack of flexibility found in traditional retailing, the organization is obliged to produce the products in varieties, amount, and frequency of the new styles. This type of system begins in the corporate areas, wherein the leaders plan the changes that will create an impact in the organization. All the plans are administered to the stores that are mostly visited by the customers. In this way the regular customers will know that the new products are already available for merchandise (Craig, Jones, & Nieto, 2004). The quick response of Zara in the fast-fashion system places the emphasis on using the VMS to be very quick fashion follower than to achieve manufacturing efficiencies. The continuous product development in the retail environment enables the organization to facilitate the chain f competitive advantage.

Pros and Cons of Same Sex Marriage

Pros and Cons of Same Sex Marriage Jasmaine Joseph April 19, 2013 Final Grade Same sex marriage is when two people with the same gender get married. Most people label it as homosexual, gay or lesbian marriage. Allowing same gender couples to legally marry is considered to be one of the most important of all  LGBT rights. Same sex marriage isn’t hurting anyone, personal I don’t have a problem with it. People should love and be able to marry anyone they please. America is supposed to be a free place.Argentina,  Belgium,  Canada,  Denmark,  Iceland the  Netherlands,  New Zealand, Norway, Portugal, Spain, South Africa, and Sweden are the 12 countries that allow same sex marriage. Alaska and Hawaii were the first states to legally ban gay marriage in 1998. As of Nov. 7, 2012, gay marriage has been legalized in nine US states (ME, MD, MA, CT, IA, VT, NH, NY, and WA) and the District of Columbia. Though gay marriage wasn't legal until the 2000s, gay couples were getting married on TV shows in the 1990s.Sitcom Roseanne featured a gay marriage in 1995 while Friends featured a lesbian wedding in 1996. In 2004, the House passed what it called the Marriage Protection Act. This legislation would have prevented the federal courts from addressing the issue of marriage. The legislation was not brought up for a vote in the Senate. On May 9, 2012, President Obama made US History when he told ABC News, â€Å"I think same sex couples should be able to get married. † Obama was reelected for a second term in November, 2012.In recent polls, about 70 percent of voters under the age of 30 support same-sex marriage. It would be a major step forward for our country in ensuring all citizens have equal rights and no one is discriminated against based on things such as race, gender, religion, sexual preference, disability, and other factors that don’t determine a person’s self-worth and contribution to society. One issue that people have with same sex marriage is parenting. Scientific research shows that lesbian and gay parents are as fit and capable as heterosexual parents.I don’t think it’s fair that when a same gender couple adopt one parent has to be labeled as the step parent. Since gay couples cannot have kids naturally, this will likely increase the desire to adopt. Since there are so many kids around the country in need of adoption, this is a good thing. Marriage benefits should be available to all couples even if they are same sex. It is completely unfair to deny these privileges to people because their relationship doesn't fit the state's  definition  of one. Denying these marriages is a form of minority discrimination.Denying marriage to a homosexual couple is no different than denying marriage to  Hispanic  or black couples. An overwhelming amount of  research  has been done showing that homosexuality has a biological causation; not a genetic one, but a biological one. The easiest w ay to think of it is as a hormonal switch that gets thrown one way or the other. And if you think about it, it makes logical sense. Consider many gays and lesbians you've seen. The only thing that should matter in marriage is love. Marriage is commitments that say â€Å"I love you so much and I’m not leaving you for nothing in this world. There are lower STD rates among married homosexuals than among non-married or cohabiting homosexual couples. Married gay couples have higher average incomes than non-married or cohabiting gay couples. The same financial benefits that apply to opposite sex marriages would apply to same-sex marriages. These are some cons people have to say about same sex marriage. Most religions consider homosexuality a sin. Virtually every religion in the world, including the major ones in this country, considers homosexuality unacceptable.It is offensive and a swipe to the religious freedom of the majority to have to recognize a relationship they consider s inful. It confuses children about gender roles and expectations of society, and only a man & woman can pro-create. Children learn about expectations and gender roles from society. It's difficult to teach the importance and traditions of the family when such confusion is thrust upon them. The gay lifestyle is not something to be encouraged, as a lot of research shows it leads to a much lower life expectancy, psychological disorders, and other problems.Studies show that homosexuals, for a variety of reasons, have life expectancies of approximately 20 years less than the general population. Just like a lifestyle of smoking and drinking unhealthy lifestyles should be discouraged. It would weaken the definition and respect for the institution of marriage. Marriage should not be extended to same-sex couples because homosexual relationships have nothing to do with procreation. Allowing gay marriage would only further shift the purpose of marriage from producing and raising children to adul t gratification.Transmission rates of STDs through homosexual intercourse are higher than heterosexual intercourse. Both cannot be biological parents of their own children. Timeline †¢ September 21, 1996: President Clinton signs the Defense of Marriage Act, banning federal recognition of same-sex marriage and defining marriage as â€Å"a legal union between one man and one woman as husband and wife. † †¢ December 20, 1999: The Vermont Supreme Court rules that gay and lesbian couples should be given the same rights as heterosexual couples. November 18, 2003: The Massachusetts Supreme Court rules that a ban on same-sex marriage is unconstitutional. †¢ February 20, 2004: Sandoval County, New Mexico, issues 26 same-sex marriage licenses, but they are nullified by the state attorney general that day. †¢ February 12 to March 11, 2004: Nearly 4,000 same-sex couples get marriage licenses in San Francisco. †¢ February 24, 2004: President Bush announces support for a federal constitutional amendment banning same-sex marriage. †¢ February 27, 2004: New Paltz, New York, Mayor Jason West performs same-sex marriages for about a dozen couples. March 3, 2004: In Portland, Oregon, the Multnomah County Clerk's Office issues marriage licenses for same-sex couples. Benton County follows on March 24. †¢ June 7, 2004: West is issued a permanent injunction by the Ulster County Supreme Court against marrying same-sex couples. †¢ March 11, 2004: The California Supreme Court orders San Francisco to stop issuing marriage licenses to same-sex couples. †¢ May 17, 2004: The first legal same-sex marriages in U. S. history are performed in Cambridge, Massachusetts. †¢ July 14, 2004: The U.S. Senate blocks a proposed constitutional amendment to ban same-sex marriage (48 votes out of 60 needed). †¢ August 12, 2004: The California Supreme Court orders San Francisco officials, including Mayor Gavin Newsom, not to license additional sa me-sex marriages, pending resolution of the constitutional challenges to state marriage statutes †¢ April 25, 2011: King & Spalding, the private law firm hired by House Speaker John Boehner, backs out of defending the Defense of Marriage Act. †¢ May 12, 2011: Delaware Gov.Jack Markell signs legislation allowing civil unions between same-sex couples. The bill will take effect January 1, 2012. †¢ June 14, 2011: Gov. Andrew Cuomo of New York proposes the Marriage Equality Act, a bill to legalizes marriage for same-sex couples. †¢ June 14, 2011: U. S. District Court for the Northern District of California upholds a lower court ruling invalidating California's Proposition 8's ban on same-sex marriage as unconstitutional. The ruling had been challenged when the lower court's judge was found to be gay. June 24, 2011: The New York Senate votes to legalize same-sex marriage. Cuomo signs the bill just before midnight, and the bill goes into effect July 24, 2011. †¢ Ju ly 2, 2011: Gov. Lincoln Chafee signs legislation making Rhode Island the fifth state to allow civil unions between same-sex couples. †¢ September 30, 2011: The U. S. Department of Defense issues guidelines allowing military chaplains to perform same-sex ceremonies. †¢ January 30, 2012: Legislation to legalize same-sex marriage in the state of Washington passes a House committee vote and heads to the Senate.Gov. Chris Gregoire is in favor of the bill. †¢ February 1, 2012: The Washington state Senate passes a bill to legalize same-sex marriage by a vote of 28-21. On February 8, the House approves the measure by a vote of 55-43. †¢ February 7, 2012: A three-judge panel with the 9th U. S. Circuit Court of Appeals in San Francisco rules that Proposition 8, the voter-approved same-sex marriage ban, violates the Constitution. †¢ February 13, 2012: Gregoire signs a law making same-sex marriage is signed into law in Washington state.The law will go into effect in Ju ne unless opponents halt its implementation by putting it on the November 2012 ballot. †¢ February 13, 2012: The New Jersey state Senate passes a bill to legalize same-sex marriage by a vote of 24-16. †¢ February 17, 2012: New Jersey Gov. Chris Christie vetoes a bill legalizing same-sex marriage. New Jersey lawmakers have until the legislative session ends in January 2014 to override Christie's veto and would need a two-thirds majority in both houses to succeed. †¢ February 23, 2012: The Maryland Senate passes a bill to legalize same-sex marriage.The bill passed the Maryland House vote earlier in the month, and Gov. Martin O'Malley has promised to sign it into law. The law will go into effect in the summer if it survives a likely court challenge. †¢ May 8, 2012: North Carolina voters pass a constitutional amendment banning same-sex marriage, putting a ban that already existed in state law into the state's charter. †¢ May 9, 2012: Excerpts from an interview w ith ABC air in which Obama endorses same-sex marriage, the first such statement by a sitting president. He feels that the legal decision should be up to the states to determine. May 30, 2012: A lawsuit is filed in Illinois by nine same-sex couples challenging the constitutionality of a state law that denies same-sex couples the right to marry. References  © 2013 Cable News Network. Turner Broadcasting System, Inc. All Rights Reserved ( http://www. cnn. com/2012/05/31/us/ff-same-sex-marriage ) Written by: Joe Messerli ( http://www. balancedpolitics. org/same_sex_marriages. htm ) http://en. wikipedia. org/wiki/Same-sex_marriage http://topics. nytimes. com/top/reference/timestopics/subjects/s/same_sex_marriage/index. html

How does Jane Austen ensure that Lizzy and Darcy are the most attractive couple in the novel? Essay

We are introduced to the character of Lizzy early on, and in such away that we are immediately given a positive impression of her. We first hear of her in a conversation between Mr and Mrs Bennet when discussing the arrival of Mr Bingley. â€Å"I must throw in a good word for my little Lizzy† Mr Bennet says, â€Å"Lizzy has something more of quickness than her sisters† This is the first impression that we have of Lizzy. To introduce her character in this way means that even before meeting her, we are already thinking of her character and already have an image of her in our minds. We see that Mr Bennet points out Lizzy’s ‘quickness’, showing that she is clever and not absent minded and dull. By hearing his praise of her, we can not dislike her unless we see something that we disapprove, which never occurs, as such. In order for Darcy and Elizabeth to be attractive as a couple, they also need to be attractive as individuals. Their attractiveness, not just of looks but of personality, are hinted to us throughout the novel. Lizzy is strong-willed, witty, bright and intelligent. â€Å"Really, ma’am, I think it would be very hard upon younger sisters, that they should not have their share of society and amusement, because the elderly may not have the means or inclination to marry early. The last born has a good a right to the pleasures of youth as the first.† This is from the conversation between Lizzy and Lady Catherine about Lydia’s marriage, which shows how Lizzy is happy to speak her mind and show her point of view. To the reader this is admirable, perhaps especially at the time when in society she would have kept it to herself due to her age, position and feminism. We see also, that various people, like her father, have much more respect for her due to it. This leads to influence us to see her in the same way. Darcy originally appears to us in a different manner. While the first impression we get of Lizzy is positive, the impression we get of Darcy is soon considerably negative. However, Jane Austen does not immediately influence us to dislike him. â€Å"his friend Mr Darcy soon drew the attention of the room by his fine, tall person, handsome features, noble mien, and the report which was in general circulation within five minutes after his entrance, of his having ten thousand a-year.† The quote is taken from when Darcy first enters the story at the Meryton ball. He is talked of with much approval and very much admired. However, this view is soon altered when we witness his conversation with Bingley at the dance. Bingley is attempting to persuade Darcy to participate and to dance with Lizzy. â€Å"She is tolerable, but not handsome enough to tempt me; and I am in no humour at present to give consequence to young ladies who are slighted by other men.† This insults Lizzy, being in her earshot, and yet she can laugh at how ridiculous his manner was. His rudeness also influences the reader of how we perceive him. With additional incidents similar, we are for a long time under the impression that Darcy is a very proud and rude man and so it takes a long time to change our views. However, with the image of the very first description of Darcy, there is something slightly attractive in his character to grow on. It is interesting to note that although Darcy is handsome and very rich, we do not base his attractiveness individually on this. There are also other attractive features of Darcy that develop later on in the novel. This is interesting as it is opposite to an incident in the book concerning Wickham. â€Å"She could have added, â€Å"A young man, too, like you, whose very countenance may vouch for your being amiable†.† Here Lizzy has mistaken the good looks of Wickham for goodness. While Wickham is attractive in the face, his personality is not so. We are not only drawn to Darcy for his looks, however, but also look for something more attractive than physical attraction and wealth. â€Å"He is the best landlord, and the best master,† she said, â€Å"that ever lived; not like the wild young men nowadays, who think nothing but themselves. There is not one of his tenants or servants but what will give him a good name.† This report of Darcy from his housekeeper demonstrates the character we see developing. By such information, it is suggested that what we originally presumed of him to be proud and rude, may actually, in some ways, be misunderstandings of his character, as we learn that he is merely the strong, silent type. The improvement of Darcy’s character, as well as the less obvious improvement of Elizabeth’s, is one of the attractive features of their partnership. The way that they work on their relationship is attractive because they do not just settle with an easy option but admit mistakes and amend problems. They both realise faults in themselves due to each other. Darcy’s pride and Lizzy’s prejudice. Darcy’s pride we have already seen at the ball. This is shown to us in an obvious manner and even stated and talked about. It is often Lizzy who complains about it and is the reason that she despises Darcy so much and for so long. This also demonstrates her prejudice. Although it is noticeable in many occasions, her prejudice is less public. However, she still learns from her mistakes. These two aspects of their characters do not mix and so is not until they can overcome them, that they realise how right they are for each other. The development of their partnership in this way is attractive, rising it above other couples in the novel. We can look at the marriage of Bingley and Jane, for instance, for comparison. Jane and Bingley’s marriage is the only other in the book that we are happy for, however, the marriage of Lizzy and Darcy still improves on it. While the former is very simple and ‘pretty’, the latter is a lot deeper, with the way it was developed forming interesting layers of characters. Other couples are a lot more obviously unsuited. Mr and Mrs Bennet are one such example. When their marriage took place, Mrs Bennet married up in society, while Mr Bennet married down. Mrs Bennet was attractive but vacuous and she didn’t improve in intelligence. We can presume that Mr Bennet regretted the marriage. We see an inclination of this when he is advising Lizzy on her marriage to Darcy. â€Å"My child, let me not have the grief of seeing you unable to respect your partner in life. You know not what you are about.† We can suggest from this that Mr Bennet is reflecting on himself, and the mistake that he carried out in marrying Mrs Bennet, as he appears to be talking from experience. We see many examples where he is not happy with his marriage and not happy with Mrs Bennet. â€Å"My dear, do not give way to such gloomy thoughts. Let us hope for better things. Let us flatter ourselves that I may be the survivor† This is Mr Bennet’s reply to a conversation with Mrs Bennet about what would happen to their property when he died. We see how he has no respect for her as he is continually mocking her in this cruel way throughout the book. The amount of sarcasm and irony he uses suggests that he is merely taking it all as a joke, as if were he to take it seriously, he would not be able to handle it. We see also in the novel how, to get away from it, he spends a lot of his time by himself in his library where Mrs Bennet and the rest of the family can not disturb him. Lizzy and Darcy’s marriage however, already proves to be more successful. As a couple, they are good for each other. They can succeed in the development of each others character. They are both intelligent people, unlike Mrs Bennet, who can carry out intellectual conversations and discussions. We can see this in an earlier conversation. â€Å"To yield readily – easily – persuasion of a friend is no merit with you.† â€Å"To yield without conviction is no compliment to the understanding of either.† â€Å"You appear to me, Mr Darcy, to allow nothing for the influence of friendship and affection† This is one such example of Darcy and Lizzy exchanging and debating opinions. We can also compare this to the marriage of Charlotte Lucas and Mr Collins. â€Å"When Mr Collins could be forgotten, there was a great air of comfort throughout, and by Charlotte’s evident enjoyment of it, Elizabeth supposed he must often be forgotten.† This was taken from Lizzy’s visit to Hunsford to visit Mr and Mrs Collins. It shows how happier Charlotte is when her husband isn’t there, and that this is often the case. Lizzy and Darcy however, enjoy each other’s company immensely and do not tire of it. We see that the Collins’ marriage is a marriage of convenience. It is stable, they have money and their own space from each other, but there is no love. They would never sit and enjoy a conversation but would much rather be separate from each other, similarly to Mr and Mrs Bennet, but right from the start of their marriage. Darcy and Lizzy as a couple are attractive because they are so meant to be. Jane Austen has written us a Romantic novel where the well matched always end up living happily ever after. They are not bad like Lydia and Wickham and so we feel a great love for them and believe that they deserve to be happy together. By being able to compare them to many other couples in the book we see even more clearly how they, as a couple, are the most attractive.