Development of Australian Law

Western culture refers to the societal structures and norms that arose from Ancient Greece and spread throughout Europe. This Included the ways their governments were run and how their legal systems developed. Australia, being a colony of the British Empire was heavily influenced by the concepts and institutions established under English government and law, which had a profound Impact on how the state, especially that of New South Wales, and federal legal systems were originated and developed, based on what was relevant to the new colony and what was not.Origin of English Law To understand how the English legal system had an influence on the concepts and Institutions In the Australian legal system, It must first be known how It was established and developed. The Battle of Hastings in 1066 which saw the Normandy takeover by William the Conqueror, saw a change in the way England was ruled, and the further development of the Feudal System to English society. The King argued that he was above all law, whilst Parliament refuted this claim.What followed was centuries of fishing that saw the legal system develop and gain power over the monarchy in order to Magna Cart The Magna Cart was a 121 5 document, that King John, was forced to sign by his Curia Regis, or King's court, as he had been abusing his powers. Restrictions were placed upon the amount of arbitrary power the King had, as well as outlines for the court systems. Its main purpose was to show that it was possible to put limitation upon the King and for the court to have some control over the ruling of the country.It was Woolworth who said â€Å"[T]he gaining of Magna Cart closes one period in the history of English law and begins another. It closes the period during which the law Is plopped by the power of the crown alone, and it begins the period which will end in the establishment of a Parliament, with power to take some share in the making a development of the law. † This movement which gave power t o the King's court was a founding component In the English constitution, which helped establish a Parliamentary system, and therefore is important in the Australian legal system.Similarly to England, Australia's parliamentary and court systems are separate entities to the monarchy, with these institutions being able to govern themselves outside of the Governor-General or Governor's capacity, thus showing the Influence hat the English legal system has. Royal Prerogative One problem faced by the King, parliament and courts was where one's power started and stopped. According to common law, the King was not above the law, however, the monarchy argued that he was above all law, and could delegate tasks to others.However, under the case of Prohibitions these Issues were discussed and findings set out the limitations each of arm of the law. These findings have influenced the concepts and institutions that were established in the Australian legal system, and how much power each of arm of g overnment has and what this entails, again roving that the concepts and Institutions of the English legal system are embedded in Australia. Separation of Powers Separation of powers refers to the government being divided into three arms- the I OFF (defining the legislation).The parliament and courts argued that nobody, including the King, was above the word of the law. In England, in Bantam's Case, the ruling against the orders of the King gave way to the notion that the courts had power over the monarchy. However, it wasn't until the reign of Charles I without a parliament from 1629-1640 and the subsequent events that this idea was cemented in law. Upon losing the Civil War against parliament in 1649, Charles I was tried for superseding the parliament and excessively taxing the people once he ran out of funds.He was the first European monarch to be tried without first being deposed, and this was an historical event in Western law. His defense being that he was King, and therefore a bove court Jurisdiction, however he was found to be guilty and sentenced to death. England was then ruled without parliament, known as an interregnum period, between 1649 and 1660. After this period, Charles II was asked back to be head of the monarchy by the parliament, however was placed under strict limitations that saw his powers restricted, and played a founding role in the idea that nobody was above the law.These actions thus saw the establishment of a separation of powers, a concept that has been put into place in the Australian legal system as well. Separation of powers is an integral part of the Australian legal system, as it stops any one branch of government gaining arbitrary power over the people. Discovery of Australia Terra Annulus, meaning land belonging to no one, is a term used to describe a new found land that gives permission for colonization.This meant that those native to Australia, with the land being declared terra annulus' were stripped of any land rights or legal rights. This meant that the British were able to colonies the land, and formed their own society, that saw the brutal treatment of Aborigines and the planned destruction of their culture. This gave way to the formation of the Australian legal system as it is known today, as the English had free reign to build society as they saw fit.Development of Australian Parliamentary System Like England, the established ways of state and federal parliament were based on a institutional framework- a set of guidelines as to how run parliament and how power is distributed. The Australian Constitution and its state counterparts are the guidelines upon which the federal and state legal systems are based. This includes a Governor, whom acts as a representative of the Queen, showing how the English idea of a Head of State was still instilled in the Australian legal system.Like England, the New South Wales Government – as well as the six other states bar Queensland, Northern Territory and the Australian Capital Territory – and the Australian Federal Government has a bicameralism system of parliament. Bicameralism is to have two houses of parliament, in Australian state and federal these are the upper house – Senate – and lower house – House of Representatives. These are similar to the English House of Lords (Upper House) and House of Commons (Lower House).This concept was brought from England to Australia, where the lower house is voted in by the people and these are the ones who propose legislative change, whilst the upper house is decided from within government, must also pass any proposed bills and can keep a balance and check of power from the elected government, to ensure that arbitrary power is not gained. The Western legal traditions from England were new colony. Development of Australian Legislation Much of early Australian legislation was based upon English law, as it was the founder of the colony.However it was Blackstone who sai d that English law would only apply in the new colony as long as it was applicable to the context, under new circumstances. The idea that to move forward as a colony, that some laws would need to be changed to promote growth, can be seen in the Cable Case, where Henry Cable was labeled as a ‘laborer' and as a ‘new settler of this place' instead of a invoice, and treated to the legal rights of those without criminal records, which was against English Law which found anyone with a criminal record to be civilly dead, that is, to have no legal rights.This landmark case gave almost all the right to obtaining legal help, a fact that was important in a colony made up of majority of convicts, so that in the future there could be social and legal development. This landmark case also saw the Australian legal system as being able to hold its own, and that it could make laws outside of English law. Although this may be the case, English ideals and trustees used still remain an integ ral part of the legislation process.Conclusion Western legal tradition, or essentially English law, built the foundations upon which the Australian legal system was formed. The concepts and institutions used in the practice of governing and the making of legislation have been taken from that of English ways, however, Australian federal and state has developed its own legislation as it has seen fit in order to appease the people of the place, and not those in England. One cannot deny however, that the English legal traditions are ingrained in the New South Wales and Australian legal systems.

Atlantic Revolution

Nationalism and revolution often go hand in hand. Yet, while nationalism might lead to revolution, and perhaps national independence, it is much broader than revolution, and one should not be confused with the other. â€Å"All nationalists believe that nations can be identified by certain characteristics that all its citizens hold in common. These characteristics include the linguistic, ethnic, religious, or historical traditions that make a nation distinctive. All nationalists†¦are linked across time by [a common] language, literary tradition, and history† (Gelvin 2011). Atlantic Revolution What the American Revolution had in common with the Atlantic Revolution is that it wasn’t one single event or conflict that lead to uprisings everywhere. They were interconnected sharing common political vocabulary and strong democratic character† Where the American Revolution sought to create a new republic the Atlantic republics wished to recreate a new society from scratch. The American Revolution started a Trans-Atlantic Age revolution. Discovery of the New World It all began with the discovery of the New World by Columbus is 1492, which happened on behalf of Castile which was the Spanish crown. Prior to this discovery Europe had switched from the Feudalist system to the Capitalist system. Nationalism in Europe fueled the desire to control colonies in Asia and Africa. Finding a new route to the orient was the goal, when the Americas were discovered. The â€Å"Atlantic revolution,† was the redirection of trade routes brought about by the great geographic discoveries. The Atlantic revolution, however, did not so much replace the old lines of medieval commerce as build upon them† (Britannica). The European merchant capitalism formed a framework that became a joint venture for Europe, Americas and Africa. One that was founded upon coerced labor in which all contributed to the vast complicated network known as the Atlantic economy. â€Å"While not equal in power, each was critical in the contribution to the construction of the Atlantic world†(Benjamin 2011). Atlantic World By 1607 the first English settlement in America was set in Jamestown Virginia. Only Seven out of Ten settlers remained in the New World, due to starvation, harsh living conditions and wars with the Natives. The natives who had traded food for death were fighting two enemies disease and setters. Diseases such as malaria, small pox, scarlet fever and influenza wiped the Natives out. Creating a shortage of labor in the creation of the New World. When Columbus first arrived, he brought Horses. These horses were traded to Native Americans which helped change the face of hunting forever. This allowed the Natives to move from hunting parties requiring several men that lasted days to one hunter on horseback. The New World gave the Old World tobacco, cocoa, beans, tomatoes, corn and potatoes. Both Corn and potatoes became the food of the poor after Europe came out of the epidemic known as Black Death. Although no cure for the countless diseases on both sides of the New and Old Worlds. The retreat of the plague left Europeans with only war, hunger and a raft of other infections to deal with. † Economy The Columbian Exchange brought the Europeans wealth and power. The combined animal and plant products from the Indies exceeded gold and silver in value. While it brought the native Americas an unequal exchange of food for diseases that caused entire Indian cultures to vanish. The Columbian Exchange brought the Africans to other countries; discovered by the Portuguese searching for gold, later kidnapped later to be bartered and sold into slavery to satisfy Europeans unquenchable taste for goods. While the Columbian exchange had life changing positive and disastrous ending negative effects on four continents and three branches of humanity. Ecology became destiny determining who would thrive and who would die. Tobacco John Rolfe was an entrepreneur, who dared to sail to the Americas. He landed in Chesapeake Bay, with a dream and some tobacco seeds. He planted them and a crop grew that was worth One Million United States currency of today. August 1619 the first permanent African involuntary labors arrived to care for the tobacco crops. Slavery did not exist at this point in time, Later another One Thousand settlers arrived with Twenty African indentured servants. â€Å"The black indentured servant, with his hope of freedom, was increasingly being replaced by the black slave. â€Å" In 1705, the Virginia General Assembly removed any lingering uncertainty about this terrible transformation; it made a declaration that would seal the fate of African Americans for generations to come†¦ â€Å"All servants imported and brought into the Country†¦ who were not Christians in their native Country†¦ hall be accounted and be slaves. All Negro, mulatto and Indian slaves within this dominion†¦ shall be held to be real estate. If any slave resist his master†¦ correcting such slave, and shall happen to be killed in such correction†¦ the master shall be free of all punishment†¦ as if such accident never happened. † (PBS) â€Å"The Body of Liberties, recognized the enslavement of Africans as not only legal but also moral in 1641† (Code Noir 2008). Slave Revolution When the first record of blacks arrived in US history it was in Virginia in 1619. The Colonists used words like, black skin and connoted words like â€Å"soiled, dirty†¦ horrible, wicked to describe the blacks, while white skin connoted â€Å"purity, beauty, and goodness. â€Å"About 1860 racism reared its ugly head when white settlers started referring to themselves as white. As time progressed, harsh, brutal treatment of the Negro, the African American, the Black, was based on the dehumanizing of this person, and asserting white supremacy. † (Sanders) Unable to swallow the idea that a black man could be their equal, the American White Anglo-Saxon took steps to make sure that equality just didn’t happen. As early as 1740 laws were passed that punished, by death, any act of rebellion Negro slaves committed or any act against a white person that resulted in grievous wounds, bruises, or maiming, without benefit of trial. French Colony of Saint Domingue The French had the slave system down to a science knowing that the average rate per slave was three years. This inevitable death sentence, sparked a revolution within the slaves themselves. The French Revolution sparked, the most famous revolution which began in the French colony of Saint Domingue later known as the country of Haiti. The Haitian revolution lasted for twelve years, under the leadership of Toussaint L’Ouverture. The revolution took a turn when the slaves acquired guns from the neighboring Spanish and used them to fight off the British, French, and Spanish defeating 60,000 soldiers. The revolt caused Britain and France to abandon slave trade, making One Million black slaves French citizens in 1794. The French-Haitian Revolution What Nationalism and Revolution tell us about the role of slavery in the Atlantic World was what was done to justify slavery. In 1831 a Slave revolt lead by Nat Turner was used as reason to continue slavery. The whites were far outnumbered which was why The Haitian Revolution was kept quiet. For this reason, white Frenchmen were not permitted in Cuba for fear that they tell the story of the revolt in Haiti. One Million black slaves became French citizens in 1794 and when Napoleon tried to reinstitute slavery in 1802 things did not go well. Ultimately, Catholicism was used to try to de- Africanize the slaves, the colony wished to assimilate them culturally in order to continue their subjugation. American Revolution The American Revolution affected slavery by creating new ways for the slaves to be free. People started questioning slavery on all sides. The Americans won their independence from the British but the most vital area that America needed to address was the one of racial segregation. The primary cause of the civil war was slavery, and States’ rights. The Americans celebrated when the French overthrew its Absolutist monarchy. Sanctioned violence in France overflowed to the borders of Great Britain where they remained at war until 1815. Once the British war with France began depleting the British treasury. The war known as the French and Indian War is also known as the Seven Years War. The depletion of the treasury caused Britain, who decided the colonies had grown fat under their not so watchful eye to tax the Colonists on goods that had not previously been taxed. The Stamp Act of 1765, caused Parliament to take action, deciding that the colonies needed to contribute to their own defense. That action was followed by the British action to tax the Colonists on goods that had not previously been taxed. The final blow came when British forced the colonists to house and feed British soldiers. These collective actions made the colonists angry. The Colonists were without a representative in Parliament to peak for them. From these collective actions the phrase, no taxation without representation was born. Attempting to further cripple the colonists attempts for independence the English outlawed production of an American currency – and forced the colonies to borrow from British banks at high interest. John Adams stated that,† The revolution was effected before the war commenced. The revolution was in the minds and hearts of the people. † (Adams, 2010) Conclusion The American Revolution and Atlantic Revolution wasn’t one single event or conflict that lead to uprisings everywhere. They were interconnected sharing common political vocabulary and strong democratic character† While Nationalism and revolution often go hand in hand nationalism might lead to revolution, and perhaps national independence. Granted, â€Å"All nationalists believe that nations can be identified by certain characteristics that all its citizens hold in common. These characteristics include the linguistic, ethnic, religious, or historical traditions that make a nation distinctive. All nationalists†¦are linked across time by [a common] language, literary tradition, and history† (Gelvin 2011).

Animals Intentional Literary Effects In Miss Julie

Animals Intentional Literary Effects In Miss Julie In Miss Julie, Julie’s dog, Diana, serves as an embodiment of Julie’s fate. Diana gets into an affair with a pug of lower standing, the â€Å"gatekeeper’s pug†. Through the use of antitheses- purebred bitch and gatekeeper’s pug it foreshadows the future dualism- aristocrat and commoner where Julie transcends her social boundary by having a sexual affair with Jean. This parallelism follows that just as Diana faces severe consequences for her actions â€Å"that Miss Julie won’t allow†Ã‚   [ 2 ]   , Julie’s sexual folly has dire consequences. Julie in demanding Christine prepares â€Å"some filthy muck†Ã‚   [ 3 ]   for an immediate abortion conjures ideas of death, termination and annihilation engendering in readers an ominous, apocalyptic mood which foreshadows Julie’s termination of her own life. Coupled with the sensual engagement with the use of an olfactory imagery in â€Å"the [abortion potion] smellâ€⠄¢s infernal†Ã‚   [ 4 ]   , it has overtones of fiendish punishment creating an image of hell, invoking in audience the wrathful punishment for follies such as these, heightening the foreboding sinister horizon ahead. After Julie’s sexual folly later on in the play, audiences are once again reminded â€Å"She, who all but had poor Diana shot for running after the gatekeeper’s pug!†Ã‚   [ 5 ]   , provoking heightened apprehension of Julie’s punishment as has been prescribed to Diana. Miss Julie then â€Å"enters in travelling clothes with a small birdcage.†Ã‚   [ 6 ]   By engaging audience with a visual image, it explicitly shows Julie is trapped just like the bird in a small birdcage. The bird’s confinement in this tiny cage is symbolic of Miss Julie being trapped by the consequences of her action for which there is no absolving. This parallels Julie’s anguish at recognizing her actions are unforgivable and would not be pa rdoned. Eventually, Jean snatches the bird from Julie, â€Å"takes it to the chopping block and picks up the kitchen axe†Ã‚   [ 7 ]   . This act of snatching the bird from Julie is symbolic of Jean taking control of Julie and Julie losing control over her own being. The killing of the greenfinch foreshadows Julie’s eventual suicide. Like the Finch who dies at the hands of Jean, Julie’s eventual suicide death is dictated by Jean and is emblematic of patriarchal society. Preceding this, arising from her aristocracy, Julie asserts dominance over Jean who belongs to the working-class. Contrastingly, this very act of snatching the bird and Jean â€Å"bringing down the axe† signifies the reversal of roles on grounds of the more dominant sex regardless of economic position.   [ 8 ]   Jean’s act, true to social Darwinism, clearly show that it is the male that defines the female, it is he on whom she will hinge her existence into, her existence is lar gely defined by how he allows [or not] it to be.   [ 9 ]   Like the Greenfinch, Julie succumbs to her own ruin, analogous to female sensibility succumbing to the male, phallic, patriarchal order, reaffirming man’s control over human affairs.   [ 10 ]    Similarly, like the death of the greenfinch which cannot survive outside, and who is saved through Jean’s brutality, Julie’s death is an escape. Julie’s eventual suicide dictated by Jean is the fulfillment of the sado-masochistic ritual where the victim desires her fatal end, the consummation of her masochistic fantasy.   [ 11 ]

Turkey is pivotal to Europes middleeast policy.Discuss Essay

Turkey is pivotal to Europes middleeast policy.Discuss - Essay Example Presently, Turkey has relationship with most of the states in the Middle East. To illustrate, in 2009, Turkey signed High Level Strategic Cooperation Council agreements with Syria and Iraq. Also, there is a trade and visa free zone covering Turkey, Lebanon, Syria, and Jordan. Here, one has to remember the fact that the EU failed to achieve this objective in any of these nations. Also, Turkey strongly opposed the Israeli use of military and expansionist strategies. Presently, Turkey acts as the one and only effective mediator in most of the international and micro-level issues affecting Middle East. It facilitated talks between Israel and Hamas, and West and Iran. In addition were its efforts to increase communication between Syrians and Iraqis. Thus, as Tocci (n.d) points out, turkey has proved that it has the ability to identify, intervene, and mediate micro-crises as it has access to even independent players like Hamas, and hostile players like Iran and Syria, with whom the EU and US have such relations which are marred by distrust; and in total, the future of EU policies in the Middle East will be purely dependent on how things turn out in the hands of Turkey. According to Barysch (2007) of the Centre for European Reform, Turkey has a strategic role in European energy security. This strategic importance of Turkey as an energy hub for the Europe arises from the fact that it enjoys the strategic location of a corridor between Europe and the oil rich Middle East (ibid). Admittedly, Turkey has a rising domestic energy need and is struggling to keep the energy prices down. However, the Europe is panicked by the fact that by the mid of this century, the energy requirement in Europe will rise by 25%. It is highly necessary for the continent to look for more long term energy supply despite the depleting energy sources within the region. Presently, Russia is playing an important role in providing gas to Europe, and according to

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Monitoring our home planet - Research Paper Example This paper will analyze the identified phenomenon that leads to natural disasters through a critique on the available web based monitoring resources. Earthquakes Earthquakes are sudden tremors that result from sudden release of energy from earth crust. The energy produces seismic waves that are experienced as earthquake. The magnitude of earthquake is determined by the degree of frequency of the resultant seismic waves. It is estimated that 500, 000 earthquakes occur annually and they are detectable with the current monitoring instruments. However, only 20% of the detectable earthquakes cannot be felt or experienced. Distribution of earthquakes around the globe is closely associated with tectonic stability. Regions with active geological activities such as volcanoes, and faults lines are more prone to earthquakes than more geologically stable regions. However, this does not restrict earthquakes to certain areas since areas that have never recorded cases of earthquakes such as New York often experience earthquakes that are below the detectable magnitude. The main earthquake zones around the world are closely associated with regions that have h istory of active volcanic activities, strong tidal waves, areas with natural fault lines and regions within tectonic plate interfaces. Seismometers are used to monitor seismic waves in the earth crust and predict earthquakes. Countries such as Japan, Haiti, Indonesia, and Turkey have experienced severe cases of earthquake in the recent past. Various resources have been set to monitor trends of seismic waves and the possibility of earthquakes. IRIS Seismic Monitor, Live Earthquakes Map and GeoNet – Quakes are some the main earthquake monitoring websites. The web based monitoring technology provides up-to-date information and data on earthquakes. However, the websites have a geographical bias and usually assume the welfare of developing countries. It is evident that the current geological system that depicts seismic hotspots is not accurate. However, the websites are restricted to availability and distribution of earthquakes monitoring infrastructures around the world. Politics plays a significant role in the recording and reporting of earthquakes and related information. Most of the global earthquake monitoring infrastructures such as satellites and seismic wave monitors are controlled by major world powers (Ollier, 1988). This indicates that availability of information concerning earthquakes is closely linked with global politics. In addition, data collection is mainly carried out in area that are of political interest. The seismic monitoring resources do not cover less developed countries or regions of less political interests. However, web based results can be used to predict occurrence of earthquakes in less developed countries through extrapolation methods. Global economics plays a critical role in monitoring and

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