Comparison of Shakespeare’s Romeo and Juliet and Austen’s...

Shakespeare’s Romeo and Juliet and Austen’s Pride and prejudice are two completely different texts as one dialogue to represent feelings of love, whereas the other novel which uses description of the characters feelings to portray strong love. Shakespeare’s wrote the famous love story in English literature in the 17th century whereas Austen lived in the 19th century which I believe contributes to their views on love and the time they lived in affects their characters and techniques of writing. Romeo and Juliet explore love and tragedy when the two protagonists fall in love except they come from families which have extreme dispute and hatred between each other. However they are so much in love they go against and disregard their family’s rivalry and marry despite the fact that the story ends in catastrophe as their love is so strong that are prepared to die for each other and so they do. Whilst in pride and prejudice we explore two protagonists Elizabeth Bennet who is seen as an intelligent young women with a lively wit which enables her to pervade her class and spiteful society she lives ain on the other hand we have a wealthy, proud gentlemen who earns  £10,000 a year so they have different status society however they come to realise their similarities in their characteristics and overcome the social barriers which consequences to them falling in love and marrying. Shakespeare starts of by introducing the ideas of strong love from the phrase ‘Star crossed lovers`Show MoreRelatedRomeo and Juliet Compared to Pride and Prejudice Essay2051 Words   |  9 PagesAlthough Shakespeare’s ‘Romeo and Juliet’ and Austen’s ‘Pride and Prejudice’ are two completely different texts, as one is a play- only able to use dialogue to portray feelings of love-and the other is a novel- where descriptions of characters moods and feelings can be used- they both demonstrate a variety of techniques to portray strong feelings of love. Right from the beginning Shakespeare introduces the ideas of strong love using a prologue-this prologue is a sonnet in iambic pentameter. From

Slavery 1680-1860 - 1039 Words

The execrable path to freedom It was simply a low wage job, cleaning, cooking and beckoning to there owners needs. They owned there own property where there families live and attended the local churches every Sunday. With time they had freedom, agreements to be released from indentured servants and free with rights. Indentured servants were quite scarce and expensive and the issue of equal rights presented a major challenge to developing slave states like Virginia. Indentured servants slowly became life long servants, having no chance of release at a certain age. By 1660, laws were being enacted that defined the regulated slave relations. By 1680, slaves were chattel, nothing but property sold as commodities and traded. With slavery came†¦show more content†¦Vermont and Pennsylvania both abolished slavery and in 1808 slaves’ importation was outlawed. In response to the anti slavery movements the panic of 1819 occurred, being the first depression. Slavery was in a major decline and there was commod ity inflation. In 1823, US circuit courts declared removal of inhuman treatment of slaves. In 1826, kidnapping is a felony which effectively nullified fugitive slaves act, stopping all ability for slave owners to gain more slaves in the states, and importation of slaves was already outlawed. This hurt the slave trade significantly and put the colonies into the panic of 1837. There was a downturn in the economy, cotton prices fell, inflated food prices and high unemployment all due to the downfall and outlawing of slavery. 1840, An African American by the name of Charles Remond, refused to beat seated at world anti slavery convention because the women were segregated in the gallery, showing the first sign of women’s rights. From 1660 to 1865 a slave trade was established in the colonies creating a free and productive source of labor. Legal rights and freedom were stripped from African Americans, Native Americans, Poor whites and women. The slave trade most definitely built the first colonies of America and established an economy and a means of trade. The colonies were one hundred percent dependent on the production of the slaveShow MoreRelatedEssay on Importance of Slavery to the Southern Way of Life1465 Words   |  6 PagesImportance of Slavery to the Southern Way of Life America almost from the beginning was heavily dependent on forced labour. In 1619, John Rolfe in Virgina reported about the last day of August came in a butch man-of-war that sold us 20 negers. This is the first record of Africans settling in America. The Southern colonies were more dependent on labour then the North, as the climate in the South was ideal for plantation agricultural. In the 17th century the basisRead MoreThe Early Anti-Slavery Movement1027 Words   |  5 Pagesproducts. Then sailors will go back to England and start the same cycle again. Therefore, in the 1860s The Anti-Slavery Movement begins in America by providing a clear history of slavery. Certainly, slavery advocated racism against African American in North America. Since the 1619 salves arrived in the Chesapeake and dark-skinned people were considered of lower status by Europeans. However, until the 1680s few African slaves were left in the American colonies, and they were not treated harshly. DuringRead MoreEssay on The History of Slavery570 Words   |  3 PagesSlavery has a lot of effects on African Americans today. History of slavery is marked for civil rights. Indeed, slavery began with civilization. With farming’s development, war could be taken as slavery. Slavery that lives in Western go back 10,000 years to Mesopotamia. Today, most of them move to Iraq, where a male slave had to focus on cultivation. Female slaves were as sexual services for white people also their masters at that time, having freedom only when their masters died. In SouthRead MoreThe War Of The Civil War777 Words   |  4 PagesThe widespread violence that turned into the Civil War began with the election of 1860. Abraham Lincoln won the election of 1860 without a single vote from the states below the Ohio River. South Carolina was the first state to respond to Lincoln’s election. On December 20, 1680, South Carolina seceded from the Union. South Carolina was the first of the â€Å"Original Seven† who seceded from the Union, including Mississippi, Florida, Alabama, Georgia, Louisiana, and Texas. This became known as â€Å"secessionRead MoreSlavery in American Society: Impact and Evolution Essay1637 Words   |  7 PagesSlavery in American Society: Impact and evolution Slavery in American Society The controversies surrounding slavery have been established in many societies worldwide for centuries. In past generations, although slavery did exists and was tolerated, it was certainly very questionable,† ethicallyâ€Å". Today, the morality of such an act would not only be unimaginable, but would also be morally wrong. As things change over the course of history we seek to not only explain why things happen, butRead MoreThe War Over Sectional Conflicts2166 Words   |  9 PagesBy the year 1860, the bloodshed that would develop into the Civil War had become inevitable. After being delayed through compromise multiple times, the election of Lincoln as the 16th president proved to be the final straw in the war over sectional conflicts. Since the invention of the cotton gin in the late 18th century by Eli Whitney, The North and South began courses with two opposite trajectories, both economically and socially. Countless events from 1800 to 1860 drove the regions further apart Read MoreFinal Paper1636 Words   |  7 Pageseconomy. There were many factors and purchases that happened throughout that aided in the upbringing of the American economy we know today. We know some events of American history, for example, the finding of Native Americans already on America, slavery throughout history, wars, and inventions were all factors of shaping the economy for us. Before there was such a thing as the â€Å"New World,† there were millions of people living in America. The indigenous people of America had been there for thousandsRead MoreEssay Race and Political Power in the Pre-Civil War Period1936 Words   |  8 Pagesspectacle of interracial servant solidarity by slowly eliminating white servitude and expanding the then new institution of black chattel slavery. By doing this he could guarantee a permanent labor force and win the support of his constituents. Because of efforts like that of Governor Berkley, Virginia had become the primary site for the development of black slavery in the Americas. By the 1650s some of the indentured servants had earned their freedom. Because replacements, whether black or white, wereRead MoreColonial Wars And The American Economy During The Civil War Essay1991 Words   |  8 Pageshave seen an Overseer beat a Servant with a cane about the head till the blood has followed, for a fault that is not worth the speaking of.... In 1680 the cost of indentured servants rose sharply by 60 percent as supply of labour decreased as conditions in the English labour market began to improve , co-insiding with an African slave trough of 1680’s the majority of the Southern colonies labour force slowly transformed from white indentured servants to black African slaves . The transformationRead MoreThe Life of the Catholic Church in the US1736 Words   |  7 PagesPeriod between 1565-1783. The life of the Catholic Church in US. Began with the Spanish conquerors, who founded the parish of St. Augustine, Florida, in 1565. In 1598 the Spanish Franciscans they were evangelizing the peoples of New Mexico, but in 1680 the Hopi Indians rose up in arms, killed the priests, and prevented the restoration of the missions. Other missionaries who have come from Mexico christianized Arizona in the XVII century and Texas and California in the eighteenth century. Two

Custom as a Source of Law Free Essays

string(70) " custom should be followed by all concerned without the use of force\." Abstract The following article tries to establish the fact that the Customs are the most important source of law. It defines customs and gives information about its types and what are the requisite of a valid custom, how are they recognized and why are they recognized? In ancient days the customary laws were the only laws as they were practiced by the people. With the passage of time and modernization of society the customary laws are seen as orthodox laws and are fast receding to the statutory laws, but still the laws that are passed by the parliament has its root in the customary laws |Page Electronic copy available at: http://ssrn. We will write a custom essay sample on Custom as a Source of Law or any similar topic only for you Order Now com/abstract=1958646 Custom occupies an important role in regulation of human conduct in almost all the societies. In fact it is one of the oldest sources of law making, though only a few people are likely to concur with the classical Greek poet Pindar’s maxim, â€Å"Custom is the king of all†. A custom may be defined as a continuing course of conduct which by the acquiescence of express approval of the community observing it, has come to be regarded as fixing the norm of conduct for members of society 1. At its inception the English common law derived all its rules from a single source. Sir Carleten Kemp Allen notes 2 ‘ Blackstones â€Å" general customs† and â€Å"customs of the realm† are those fundamental principles in legal relationship which for the most part are not to be found in any express formulation, but are assumed to be inherent in our social arrangements. These are, in short, the common law itself ’. Salmond is of the opinion that custom embodies those principles which are acknowledged and approved, not by the power of the state but by the public opinion of the society at large. Thus he states ‘custom is the embodiment of those principles which have commanded themselves to the national conscience as principles of â€Å"justice† and â€Å"public utility’ 3. Jhon Austin was of the view that no folkway regardless of the fact how respected it is or how much is it followed can influence the law. He was of the view that only those conventions and folkways recognized by the sovereign through some judicial act or legislative disposition might be certified as a customary source of law. Kinds of Custom: 1. Conventional custom It is an established practice whose authority is conditional based on its acceptance and incorporation between the parties bound by it. When two parties enter into a contract generally all the terms of the contract are not set expressly and a large part of it is implied. The intention of the parties entering into an agreement can be gathered by the customary law prevalent at that time The convention custom has three stages of development. In the first stage it should have attained the status of usage. In the second stage it gets recognition through some judicial decision, and presumes the form of a precedent. After this it is finally accepted as a statutory law. 1 Dias Hughes: Jurisprudence,(1957) p. 34 2 Allen C. K. : Law in the making 3 Fitzgerald P. J. : Salmond on jurisprudence 2|Page Electronic copy available at: http://ssrn. com/abstract=1958646 The first section of the Indian contract act, 1872 recognizes the customs that are prevalent in the trade Legal Custom These are those which are operative per se as binding rules of law independent of any agreement between the parties. These, are of two types: 3 †¢ Local Custom Halsbury’s defined local custom as â€Å" a particular rule that has existed actually or presumptively from time immemorial and has obtained the force of law in a particular locality although contrary to or not consistent with the common law of the realm. † 4 So it can be said that a local custom prevails in a small locality. Bigamy in India is allowed in some tribal parts on account of the local custom prevalent at those places. †¢ General Custom A general custom prevails throughout the country and is the main source of the common law of the country. The custom of prohibiting the remarriage of widow in most of the communities of India, before its abolition was a general custom in the country. A general custom is prevalent is usually practiced by all the people living in the country, and is practiced throughout the land. There were many customs but it is not necessary that all are the customs are accepted. For the customs to be accepted as a valid customs it should have some requisite characteristics: 1. Reasonableness A custom must be reasonable. It must be understood that the authority of any custom is never absolute, but it is authoritative provided it confers to the norms of justice and public utility. A custom shall not be valid if it is repugnant to right and reason and is like to do more mischief than good if enforced. The true rule seems to be not that a custom to be admitted if reasonable but that it will be admitted unless it is unreasonable. The custom of recognizing the channel of the river or the stream as the boundary between two villages irrespective of the change in the path cannot be said as unreasonable and hence it was held as a valid custom 5. Halsbury: Laws of England, Vol. X. p. 2 5 Ram Dhan Lal v. Radhey Shyam, 1951 SCR 370 3|Page 2. Consistency A custom to be valid must be in conformity with statutory law. In other words it must not be against any act of Parliament. A custom should necessarily yield where it is against any law, but in many cases there can be some exception to the law or some modificatio ns can be made to it due to any custom. 3. Compulsory observance A custom to be legally recognized as a valid custom must be observed as a right. It means the custom should be followed by all concerned without the use of force. You read "Custom as a Source of Law" in category "Essay examples" It must be regarded not only an optional rule but as an obligatory rule or binding rule of conduct. If a custom is left to the choice of the individuals, then it is not a costmary law. If the observance of a custom is suspended for certain time than it is assumed that the custom was never in existence 6. 4. Continuity and immemorial Antiquity A custom to be valid should have been in existence from time immemorial. To quote Blackstone â€Å"A custom in order to be legal and binding, must have been used so long that the memory of man runneth not to the contrary, if anyone can show the beginning of it, it is no good custom† 7 English law has made an arbitrary limit to the legal memory. It has been fixed as 1189 A. D. – the year of accession of King Richard 1 to the throne which means, if any custom has its roots back to 1189 AD or backwards would be regarded as a valid custom. This time limit was applied in the case of Simpsons v. Wells 8. However in India the limit of 1189 A. D. is not valid 9. In India no definite year has been laid down to determine the antiquity of a custom. It need not to be beyond human memory 10. 5. Certainty Not only a custom should be practiced from time immemorial but, it should also be observed continuously and uninterruptedly with certainty. A custom cannot said to be valid from time immemorial unless its certainty and continuity is proved beyond doubt. Theories regarding transformation of custom into law Customary law has not only been established by legislatures or professionally trained judges, but it has come into existence because of popular acceptance and practice. There are two popular theories in this regard (1) Historical theory and, (2) Analytical theory 6. Hamperton v. Hono, (1876) 24 WR 603 7. Blackstone: Commentaries, p. 76 8. (1872) 7 QB 214 9. Gokul Chandra v. Praveen Kumari, AIR 1952 SC 926 10. Mst. Subbhani v. Nawab, ILR 1947 PC 21 4|Page 1. Historical Theory The main components of the historical theory school, namely, Savigny, Blackstone and Henry Maine have suggested that law has its existence because of the common consciousness of the people and the customary observance is not the cause of law but the evidence of its existence. Savigny observed, ‘customary laws completely modify or repeal a statute; it may create a new law and substitute it for statutory rule which it has abolished’. Maine regarded custom as ‘formal source of law’. James Carter also supports historical view and is of the opinion that ‘What has governed the conduct of men from the beginning of time will continue to govern to the end of time. Human nature is not likely to undergo radical change and law will forever continue to be custom’11. Criticism Dr. Allen points out that all the customs cannot be contributed to the common consciousness of the people. For instance, a ruling class quite often imposes custom on the governed. It does so for its own interests rather than the interest of the people. The customs in India such as untouchability cannot be contributed to any kind of common consciousness. Therefore any custom cannot be a source of law it should not be again public sentiments. 2. Analytical Theory The main supporter of analytical theory is John Austin who regarded custom as a historical material source. He points out that custom derives its binding force not from its own nature but by state legislation. It means custom becomes a law when it is adopted by an act of parliament or its validity has been established by any judicial decision. He further states that custom only has persuasive value. Customary practices have to be recognized by court before it can become law. Being of persuasive nature it is recognized as historical material source of law. Austin thus concludes that â€Å"Customary law is nothing but judicial law founded upon anterior system. 2† Criticism Dr. Allen has criticized Austinian theory of customary law and pointed out that the fallacy of the Austinian doctrine is in supporting that custom is not law until it has been so pronounced by a court. He observed that the truth is exactly the reverse of it. According to him, ‘custom is firstly and essentially a law. Custom is enforced by courts because it is already a law, it does not become a law only on enf orcement of court. 13’ 11 Carter James: Law, its Origin, Growth Function, p. 20 12 Austin: Province of Jurisprudence, (1945) p. 165 13 Allen C. K. : Law in the making, pp 84 5|Page CONCLUSION Of all the various sources of law The Customary Laws are definitely the most significant source of law. In the ancient days in the absence of any legislative laws the customary laws were only the prevalent law. These are very important as these are already followed by the people and it is the very reason why many of the customary laws are even recognized today. These customary laws had the approval of the public opinion. There is no doubt that with the development of the judicial process and with the modernization of the society, the importance of custom is receding. When states came into existence they immediately gave recognition to the customs prevailing at that time and thus they were recognized as valid laws. But with time customary laws have receded to the statutory laws. The laws relating to sale of goods, inheritance of property, succession, property, contract, sale of goods etc. have all evolved from the customary laws. The codified Hindu laws are nothing but the codification of the prevalent customary laws with some exceptions. It would be wrong on the part of any one to say that the customary laws need recognition from the court. The customary laws are always recognized since they are always in practice. Most of the customary laws that were just in nature and were good for the society have been recognized by the parliament or the court. These laws can be sometimes invalidated if it appears that these are against the public policy and justice. One of the most important reasons why the customs are important source of law is that it that it is highly practiced in the society. So, if any new law is made that is contrary to the practiced customs and traditions, will not be accepted by the society. This may lead to chaos and anarchy in the society. So any law that is passed takes into consideration the customs and traditions prevalent in the society at that time. The state by its legislation only validates the existing customs. It may in some exceptional cases also modify or nullify some of the customs if it is for the welfare of most of the people of the society. So in this way the state makes laws mainly based on the customs that are good for the society 6|Page How to cite Custom as a Source of Law, Essay examples