Have Law and Equity Influenced Each Other - Free Essay Example

Sample details Pages: 10 Words: 3064 Downloads: 10 Date added: 2017/06/26 Category Law Essay Type Argumentative essay Level High school Did you like this example? 1 Table of Cases Bank of Boston Connecticut v European Grain and Shipping Ltd Central London Property Trust Ltd v High Trees House Ltd Cresswell v Potter (1978) 1 WLR 255 Cuckmere Brick Co Ltd v Mutual Finance Ltd Earl of Oxfordà ¢Ã¢â€š ¬Ã¢â€ž ¢s Case (1615) 1 Rep Ch 1 Napier and Ettrick (Lord) v Hunter Tinsley v Milligan United Scientific Holdings v Burnley Borough Council Walsh v Lonsdale Table of Statutes Bills Supreme Court Act 1981 Supreme Court of Judicature Act 1873 (36 37 Vict C. 66) Supreme Court of Judicature Act 1875 (38 39 Vict C. 77) à ¢Ã¢â€š ¬Ã‹Å"à ¢Ã¢â€š ¬Ã‹Å"Neither law nor equity is now stifled by its origin and the fact that both are administered by one Court has inevitably meant that each has borrowed from the other in furthering the harmonious development of the law as a wholeà ¢Ã¢â€š ¬Ã¢â€ž ¢Ãƒ ¢Ã¢â€š ¬Ã¢â€ž ¢[1] In Order to critically evaluate the accuracy of the above statement and to enable an analysis of the relative strengths of the à ¢Ã¢â€š ¬Ã‹Å"dualismà ¢Ã¢â€š ¬Ã¢â€ž ¢ and à ¢Ã¢â€š ¬Ã‹Å"fusionà ¢Ã¢â€š ¬Ã¢â€ž ¢ debate, in order to form a cogent narrative it will be necessary to briefly explore both the definitions, history, distinctions and development of common law and equity. Don’t waste time! Our writers will create an original "Have Law and Equity Influenced Each Other?" essay for you Create order Firstly, whilst definitions of the à ¢Ã¢â€š ¬Ã‹Å"Common Lawà ¢Ã¢â€š ¬Ã¢â€ž ¢ system differ it can be defined as the à ¢Ã¢â€š ¬Ã‹Å"general lawà ¢Ã¢â€š ¬Ã¢â€ž ¢ which is common to the realm, and also the body of law which has evolved by judges from precedent.[2] Moreover the definition of Equity in common parlance translates to fairness/justice (aequitas equitas). Although according to S Worthington, à ¢Ã¢â€š ¬Ã‹Å"[à ¢Ã¢â€š ¬Ã‚ ¦] even the most experienced of lawyers finds it difficult to give a short, intelligible answer to the question à ¢Ã¢â€š ¬Ã‹Å"What is equity?à ¢Ã¢â€š ¬Ã¢â€ž ¢[3] However, an eloquent definition was stated in Cresswell v Potter[4] à ¢Ã¢â€š ¬Ã‹Å"The law which modifies the general common law rules where the general rules cause practical hardship in a particular case (restrains the unconscionable exercise of rights or powers at common law)à ¢Ã¢â€š ¬Ã¢â€ž ¢. Prior to the Norman Conquest in 1066 England had no functional common law which was consistent ly applied to the whole of the realm, there existed only cursory oral rules and customs which were wide-ranging between different provinces,[5] for example the à ¢Ã¢â€š ¬Ã‹Å"Jutes in the South having different laws to the Mercianà ¢Ã¢â€š ¬Ã¢â€ž ¢sà ¢Ã¢â€š ¬Ã¢â€ž ¢ along with informal gatherings and medieval Tests[6]. However, even post Norman Conquest the à ¢Ã¢â€š ¬Ã‹Å"Leges Henrici Primi (c.1118)à ¢Ã¢â€š ¬Ã¢â€ž ¢ documented fragmented legal codes and jurisdictions such as Mercian, Danelaw and Wessex law.[7] During the following three centuries post Norman Conquest (1066) the priority became the establishment of a strong à ¢Ã¢â€š ¬Ã‹Å"Common lawà ¢Ã¢â€š ¬Ã¢â€ž ¢ central to the realm mainly to safeguard à ¢Ã¢â€š ¬Ã‹Å"Royal revenuesà ¢Ã¢â€š ¬Ã¢â€ž ¢[8], which led to Royal envoys participating in local courts, such as the (the curia regis) by the thirteenth century the Common Law courts of Kingà ¢Ã¢â€š ¬Ã¢â€ž ¢s Bench, the Court of Exchequer and the Court of Common Pleas w ere established.[9] During the reign of Henry II who has been credited with principally generating the advancement of the common law[10] with the royal envoys à ¢Ã¢â€š ¬Ã‹Å"justiciae errantes (wandering justices)à ¢Ã¢â€š ¬Ã¢â€ž ¢[11]. However, the common law was not without faults as the writ system was technical, inflexible and compounded by the provisions of Oxford 1258 and the statute of Westminster led to injustices.[12] Nevertheless, by the Fourteenth Century those who felt aggrieved could appeal to the Kingà ¢Ã¢â€š ¬Ã¢â€ž ¢s conscience for a remedy, however the role was passed to the Lord Chancellor as à ¢Ã¢â€š ¬Ã‹Å"Keeper of the Kings conscienceà ¢Ã¢â€š ¬Ã¢â€ž ¢ due to the volume of appeals, with decisions based randomly on à ¢Ã¢â€š ¬Ã‹Å"conscienceà ¢Ã¢â€š ¬Ã¢â€ž ¢. This led to one of the historic criticisms of its application as arbitrary, as famously quoted by Jurist John Selden, à ¢Ã¢â€š ¬Ã‹Å"Equity varies with the length of the Chancellors footà ¢Ã¢â€š ¬Ã¢â€ž ¢[13]. Over the next few centuryà ¢Ã¢â€š ¬Ã¢â€ž ¢s growing friction between equity and the common law courts increased, as the à ¢Ã¢â€š ¬Ã‹Å"Court of Chancery acted as a check upon the common law ensuring that their application did not lead to a manifest injusticeà ¢Ã¢â€š ¬Ã¢â€ž ¢[14].This conflict dramatically reached its nexus in the Earl of Oxfords Case[15] with the dispute being settled in 1616 by James I with the Court of Chancery gaining supremacy. Lord Ellesmere Stated, menà ¢Ã¢â€š ¬Ã¢â€ž ¢s actions [à ¢Ã¢â€š ¬Ã‚ ¦] diverse and infinite that it is impossible to make any General law which will [à ¢Ã¢â€š ¬Ã‚ ¦] meet with every particular and not fail in some Circumstances. The office of the Chancellor is to correct menà ¢Ã¢â€š ¬Ã¢â€ž ¢s consciences for fraud, breaches of trust, wrongs and oppressions[à ¢Ã¢â€š ¬Ã‚ ¦] and to soften and mollify the extremity of the law.[16] This gave rise to the equitable maxim à ¢Ã¢â€š ¬Ã‹Å"that where the law and equ ity conflict, equity prevailsà ¢Ã¢â€š ¬Ã¢â€ž ¢[17] this principle was later given statutory authority under section 25[18] and re-enacted under section 49[19] after The three common law courts and the Court of Chancery were merged into a single Supreme Court, comprising of the High Court and the Court of Appeal. Under the Judicature Acts[20] allowing à ¢Ã¢â€š ¬Ã‹Å"The jurisdiction of judges in the new Supreme Court was fused, this reduced delays and expense of starting separate actions as now all judges were able to use the whole range of common law and equitable rulesà ¢Ã¢â€š ¬Ã¢â€ž ¢[21]. There remains a considerably contentious debate between legal scholars that has thundered on for well over one hundred and thirty years, as to whether the common law and equity are truly fused, either on a substantive or procedural level, those who believe in the dualist à ¢Ã¢â€š ¬Ã‹Å"fusion fallacyà ¢Ã¢â€š ¬Ã¢â€ž ¢ doctrine and even those who conclude whether they should be fused. P.V Baker[22] states à ¢Ã¢â€š ¬Ã‹Å"that fusion [à ¢Ã¢â€š ¬Ã‚ ¦] there is no distinction [à ¢Ã¢â€š ¬Ã‚ ¦] between legal rights, remedies and thus cannot be supportedà ¢Ã¢â€š ¬Ã¢â€ž ¢ this view is reinforced by J Martin[23] who states the à ¢Ã¢â€š ¬Ã‹Å"Supreme Court act clearly, envisaged both equity and common law would [à ¢Ã¢â€š ¬Ã‚ ¦] separate existenceà ¢Ã¢â€š ¬Ã¢â€ž ¢ and that Lord Brandon[24] stated that à ¢Ã¢â€š ¬Ã‹Å"important proceduresà ¢Ã¢â€š ¬Ã¢â€ž ¢ changed, although no third party rights were altered [à ¢Ã¢â€š ¬Ã‚ ¦] or were intended to be[25]. Although, controversially those who advocate à ¢Ã¢â€š ¬Ã‹Å"fusionà ¢Ã¢â€š ¬Ã¢â€ž ¢ suggest it is the à ¢Ã¢â€š ¬Ã‹Å"awarding of legal remedies for a breach of an equitable rightà ¢Ã¢â€š ¬Ã¢â€ž ¢[26]. However, P. Mason in Harris v Digital Pulse[27] did in a dissenting opinion argue that it [à ¢Ã¢â€š ¬Ã‚ ¦] à ¢Ã¢â€š ¬Ã‹Å"exposes the error of restricting equityà ¢Ã¢â€š ¬Ã¢â€ž ¢s capacity to award compensation for infri ngement of a right recognised in the pre-Judicature Act eraà ¢Ã¢â€š ¬Ã¢â€ž ¢ citing Viscount Haldaneà ¢Ã¢â€š ¬Ã¢â€ž ¢s speech in Nocton v Lord Ashburton[28] Furthermore, Walter Ashburner argues[29] from a procedural dualist standpoint, that the judicature acts[30] only fused the administration of law by à ¢Ã¢â€š ¬Ã‹Å"unifying Common law and equity into one court systemà ¢Ã¢â€š ¬Ã¢â€ž ¢, it did not fuse the content of the two doctrines. The principles of equity and the principles of law remained separate: of jurisdiction, he likened both equity and the common law to that of two streams which run side by side [à ¢Ã¢â€š ¬Ã‚ ¦] however à ¢Ã¢â€š ¬Ã‹Å"never minglingà ¢Ã¢â€š ¬Ã¢â€ž ¢ their waters. Moreover, Lord Diplock who has long been hailed as à ¢Ã¢â€š ¬Ã‹Å"the most forceful exponent of fusion [à ¢Ã¢â€š ¬Ã‚ ¦]à ¢Ã¢â€š ¬Ã¢â€ž ¢[31] argues in obiter[32] the fusion of common law and equity is more substantive and has already occurred with the à ¢Ã¢â€š ¬Ã‹Å"streamsà ¢Ã¢â€š ¬ â„ ¢ of equity and the common law [à ¢Ã¢â€š ¬Ã‚ ¦] long since mingled togetherà ¢Ã¢â€š ¬Ã¢â€ž ¢. In addition Lord Diplock went so far as to state that Ashburnerà ¢Ã¢â€š ¬Ã¢â€ž ¢s metaphorical usage was both à ¢Ã¢â€š ¬Ã‹Å"mischievous and deceptiveà ¢Ã¢â€š ¬Ã¢â€ž ¢[33]. Nevertheless, Meagher, Heydon and Leeming[34] who are amongst the strongest supporters of dualism. Maintain that the decision in the United Scientific[35] as not only à ¢Ã¢â€š ¬Ã‹Å"the low water mark of modern English jurisprudenceà ¢Ã¢â€š ¬Ã¢â€ž ¢ and the conjecture that lord Diplock believing [à ¢Ã¢â€š ¬Ã‚ ¦] à ¢Ã¢â€š ¬Ã‹Å"the Statutes of Uses [à ¢Ã¢â€š ¬Ã‚ ¦] of Quia Emptores played no contemporary part in English property law.à ¢Ã¢â€š ¬Ã¢â€ž ¢[36] à ¢Ã¢â€š ¬Ã…“The fusion fallacy involves the administration of a remedy, for example common law damages for breach of fiduciary duty, not previously available at law or in equity, or in the modification of principles in one branch of the jurisdictio n by concepts that are imported from the other and thus are foreign, for example by holding that the existence of a duty in tort may be tested by asking whether the parties concerned are in fiduciary relationshipsà ¢Ã¢â€š ¬Ã‚ [37] However, there is seemingly an accord with Lord Diplock as Lord Denning M.R. who suggests a deeper fusion between equity and common law which would suggest that it has been fused for a considerable time. à ¢Ã¢â€š ¬Ã‹Å"When law and equity have been joined together for over seventy years, principles must be considered in the light of their combined effectà ¢Ã¢â€š ¬Ã¢â€ž ¢.[38] Furthermore, Peter Sparkes suggests, the à ¢Ã¢â€š ¬Ã‹Å"doctrine of Walsh v Lonsdaleà ¢Ã¢â€š ¬Ã¢â€ž ¢[39]. à ¢Ã¢â€š ¬Ã‹Å"that an agreement for a lease is as good as a leaseà ¢Ã¢â€š ¬Ã¢â€ž ¢. And cites Jessel MR, à ¢Ã¢â€š ¬Ã‹Å"equitable rule prevailing [à ¢Ã¢â€š ¬Ã‚ ¦] He appeared to espouse a true fusionà ¢Ã¢â€š ¬Ã¢â€ž ¢[40]. And went on to argue that varying attempts to à ƒ ¢Ã¢â€š ¬Ã‹Å"distort the decision and the old procedureà ¢Ã¢â€š ¬Ã¢â€ž ¢ in order to à ¢Ã¢â€š ¬Ã‹Å"make it fità ¢Ã¢â€š ¬Ã¢â€ž ¢ with Ashburners procedural dualist standpoint, although in Sparkes opinion in reality it could à ¢Ã¢â€š ¬Ã‹Å"only be explained as an example of true fusionà ¢Ã¢â€š ¬Ã¢â€ž ¢[41]. It would on the face of it seem anomalous that a unified court with jurisdiction over both common law and equity would strictly preserve an historical distinction between them[42] and that it would suggest it would inevitably result in fusion[43] The à ¢Ã¢â€š ¬Ã‹Å"fusion of law and equity is often categorised as if they were factà ¢Ã¢â€š ¬Ã¢â€ž ¢[44] albeit that the reforms brought about by the Judicature Acts have clearly fused their administration. However, no new grounds of à ¢Ã¢â€š ¬Ã‹Å"action, remedy or defence have been createdà ¢Ã¢â€š ¬Ã¢â€ž ¢[45] as the Judicature Act was intended to rid the law of unnecessary delay overlap and complication[46] Moreover, Andr ew Burrows argues for more à ¢Ã¢â€š ¬Ã‹Å"fusionà ¢Ã¢â€š ¬Ã¢â€ž ¢ so We do this at common law and we do the same at equity[47] additionally taking account of Bakerà ¢Ã¢â€š ¬Ã¢â€ž ¢s definition of à ¢Ã¢â€š ¬Ã‹Å"fusionà ¢Ã¢â€š ¬Ã¢â€ž ¢ à ¢Ã¢â€š ¬Ã‹Å"there is no distinction [à ¢Ã¢â€š ¬Ã‚ ¦] between legal rights, remedies [à ¢Ã¢â€š ¬Ã‚ ¦]à ¢Ã¢â€š ¬Ã¢â€ž ¢[48] this combined with David Hughes à ¢Ã¢â€š ¬Ã‹Å"arguments counter to the fusionà ¢Ã¢â€š ¬Ã¢â€ž ¢ of common law and equity such as à ¢Ã¢â€š ¬Ã‹Å"Courts lacking the power to fuse common law and equityà ¢Ã¢â€š ¬Ã¢â€ž ¢, and asserting that this would be exercising a à ¢Ã¢â€š ¬Ã‹Å"radical law reform briefà ¢Ã¢â€š ¬Ã¢â€ž ¢.[49] Remain à ¢Ã¢â€š ¬Ã‹Å"compelling as [à ¢Ã¢â€š ¬Ã‚ ¦] still deny the availability of a common law remedy for an equitable wrongà ¢Ã¢â€š ¬Ã¢â€ž ¢.[50] Likewise, Jill Martin suggests, that the Courts of England and Wales have not followed other Commonwealth jurisdictions who appear to support and enc ourage the concept that the judicature Acts have in some way à ¢Ã¢â€š ¬Ã‹Å"fusedà ¢Ã¢â€š ¬Ã¢â€ž ¢ common law and equity substantively, such as is suggested in cases like United Scientific Holdings Ltd[51] and Cuckmere Brick Co Ltd[52] and have instead conversely reinforced the more orthodox view apparent from à ¢Ã¢â€š ¬Ã‹Å"mortgage casesà ¢Ã¢â€š ¬Ã¢â€ž ¢ and decisions of the à ¢Ã¢â€š ¬Ã‹Å"House of Lordsà ¢Ã¢â€š ¬Ã¢â€ž ¢ such as Napier v Hunter[53] and Tinsley v Milligan[54] which contain à ¢Ã¢â€š ¬Ã‹Å"meticulous analyses of the separate common law and equitable origins and principles in areas such as subrogation and illegalityà ¢Ã¢â€š ¬Ã¢â€ž ¢[55]. Consequently, in the context of the law in England and Wales and based on the in depth critical analysis of the à ¢Ã¢â€š ¬Ã‹Å"fusion v dualismà ¢Ã¢â€š ¬Ã¢â€ž ¢ debate the overall relative strength of the dualism argument is highly indicative that although there is administrative à ¢Ã¢â€š ¬Ã‹Å"fusionà ¢Ã¢â€š ¬Ã¢â€ž ¢, it is evident that common law and equity are still not à ¢Ã¢â€š ¬Ã‹Å"fusedà ¢Ã¢â€š ¬Ã¢â€ž ¢ in the substantive sense therefore, even with a high degree of harmonisation there has been no actual synthesis between the common law and equity post judicature Acts, and although the Courts can and do apply both rules to common law and equity as aptly illustrated by the maxim, à ¢Ã¢â€š ¬Ã‹Å"Equity follows the lawà ¢Ã¢â€š ¬Ã¢â€ž ¢ à ¢Ã¢â€š ¬Ã…“only in cases when there is an important context disregarded or if the common law is used in an unconscionable way that equity interferes.à ¢Ã¢â€š ¬Ã‚ [56]. Furthermore, as to the accuracy of the statement above[57] Gary Watt elucidates quite succinctly that à ¢Ã¢â€š ¬Ã‹Å"nowadays this summary finds overall approvalà ¢Ã¢â€š ¬Ã¢â€ž ¢[58] from most quarters due to harmonisation and evolution in both the common law and equity. Bibliography Books Alastair H and Hudson A,Equity and Trusts (Routledge Cavendish 2009) Arnold-Baker C,The Compan ion to British History, S.v. à ¢Ã¢â€š ¬Ã‹Å"English Lawà ¢Ã¢â€š ¬Ã¢â€ž ¢ (Loncross Denholm Press 2008) Ashburner W,Ashburnerà ¢Ã¢â€š ¬Ã¢â€ž ¢s Principles of Equity. (2nd edn, Butterworth 1933) Atkins S,Equity and Trusts (Routledge 2013) Baker P and Langan P,Snellà ¢Ã¢â€š ¬Ã¢â€ž ¢s Principles of Equity (29th edn, Sweet Maxwell 1990) Baker PV,Snellà ¢Ã¢â€š ¬Ã¢â€ž ¢s Equity (23rd edn, Sweet Maxwell , London 1990) Clement R and Abass A,Equity Trusts, Text, Cases and Materials (2nd edn, Oxford University Press 2011) Equity and Trusts Law Directions, Fourth Edition, Gary Watt, 2014 Oxford University Press Equity and Trusts, Scott Atkins, 2013, Routledge Heydon JD, Gummow WMC and Austin RP,Cases and Materials on Equity and Trusts (4th edn, Butterworths 1993) Hudson A,Equity and Trusts (Routledge Cavendish 2012) Kelly D and Slapper G,The English Legal System (11th edn, Routledge 2010) Maitland F,Selected Historical Essays of F W Maitland: Chosen and I ntroduced by H M Cam (1957) 134 Martin E and Law J,A Dictionary of Law (Oxford University Press, USA 2006) Martin J and Hanbury,Modern Equity (Sweet Maxwell 2009) McDonald I and Street A, Equity Trusts Concentrate: Law Revision and Study Guide (Oxford University Press 2014) McDonald I and Street A,Equity Trusts Concentrate: Law Revision and Study Guide (Oxford University Press, USA 2011) McGhee J,Snellà ¢Ã¢â€š ¬Ã¢â€ž ¢s Equity (Sweet Maxwell) Meagher R and Heydon J,Meagher, Gummow and Lehaneà ¢Ã¢â€š ¬Ã¢â€ž ¢s Equity, Doctrines, and Remedies (Butterworths LexisNexis 2002) Meagher R, Heydon JD and Leeming M,Meagher, Gummow and Lehaneà ¢Ã¢â€š ¬Ã¢â€ž ¢s Equity: Doctrines and Remedies (4th edn, 2002) 2-105 Plucknett TF,A Concise History Of The Common Law (Liberty Fund 1956) Simpson AWB,à ¢Ã¢â€š ¬Ã‹Å"the Survival of the Common Law System; Then and Nowà ¢Ã¢â€š ¬Ã¢â€ž ¢ (Sweet Maxwell 1974) Stenton LDM,English Justice Between the Norman Conquest and t he Great Charter, 1066-1215 (1st edn, Allen Unwin 1964) Thurston,A Practitionerà ¢Ã¢â€š ¬Ã¢â€ž ¢s Guide to Trusts (Bloomsbury Professional 2006) Todd and Wattà ¢Ã¢â€š ¬Ã¢â€ž ¢s Cases Materials on Equity and Trusts, 9thEdition, 2013, Oxford University Press, Gary Watt Toomer GJ,John Selden: A Life in Scholarship (Oxford, OUP 2009) Watt G, Equity and Trusts Law Directions (Oxford University Press) Watt G,Todd and Wattà ¢Ã¢â€š ¬Ã¢â€ž ¢s Cases and Materials on Equity and Trusts (Oxford University Press, USA 2007) Wilson S,Todd ; Wilsonà ¢Ã¢â€š ¬Ã¢â€ž ¢s Textbook on Trusts (Oxford University Press 2013) Worthington S,Equity (2nd edn, OUP 2003) Journal Articles Baker P., à ¢Ã¢â€š ¬Ã‹Å"Future of Equityà ¢Ã¢â€š ¬Ã¢â€ž ¢, (1977) 93 Law Quarterly Review 529 540 https://www.heinonline.org.ergo.glam.ac.uk/HOL/Index?index=journals/lqrcollection=journals accessed 12 November 2014 Burns F, à ¢Ã¢â€š ¬Ã‹Å"The Fusion Fallacy Revisitedà ¢Ã¢â€š ¬Ã¢â€ž ¢ (1993) 5 Bond Law Review Burrows A, à ¢Ã¢â€š ¬Ã‹Å"We Do This At Common Law But That In Equityà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2002) 22 Oxford Journal of Legal Studies Chesterman S, à ¢Ã¢â€š ¬Ã‹Å"Beyond Fusion Fallacy: The Transformation of Equity and Derridaà ¢Ã¢â€š ¬Ã¢â€ž ¢s à ¢Ã¢â€š ¬Ã…“The Force of Lawà ¢Ã¢â€š ¬Ã‚ Ãƒ ¢Ã¢â€š ¬Ã¢â€ž ¢ (1997) 24 JOURNAL OF LAW AND SOCIElY 350 Hughes DA, à ¢Ã¢â€š ¬Ã‹Å"A CLASSIFICATION OF FUSION AFTER HARRIS V DIGITAL PULSEà ¢Ã¢â€š ¬Ã¢â€ž ¢ 29(2) UNSW Law Journal 38 James E, à ¢Ã¢â€š ¬Ã‹Å"A à ¢Ã¢â€š ¬Ã…“Fusion Fallacyà ¢Ã¢â€š ¬Ã‚  Fallacy?à ¢Ã¢â€š ¬Ã¢â€ž ¢ (2003) 119 Law Quarterly Review 375-380 Jho R, à ¢Ã¢â€š ¬Ã‹Å"The à ¢Ã¢â€š ¬Ã…“Fusion Fallacyà ¢Ã¢â€š ¬Ã‚ between Equity and Common Law: A Criticle Analysisà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2014) 56 NSWLR https://racheljho.files.wordpress.com/2014/04/the-fusion-fallacy-between-equity-and-common-law.pdf Martin J, à ¢Ã¢â€š ¬Ã‹Å"Fusion, Fallacy and Confusion; a Comparative Studyà ¢Ã¢â€š ¬Ã¢â€ž ¢ [1994] Conveyancer and Property Lawyer Sparkes P, à ¢Ã¢â€š ¬Ã‹Å"WALSH V LONSDALE THE NON-FUSION FALLACYà ¢Ã¢â€š ¬Ã¢â€ž ¢ (1988) 8 Oxford Journal of Legal Studies Tilbury M, à ¢Ã¢â€š ¬Ã‹Å"Fallacy or FurphyÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒâ€šÃ‚ ¯: Fusion in a Judicature Worldà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2003) 26 (2) U.N.S.W. Law Journal 357 Websites à ¢Ã¢â€š ¬Ã‹Å"Judges and the Lawà ¢Ã¢â€š ¬Ã¢â€ž ¢ https://www.open.edu/openlearn/society/the-law/judges-and-the-law/content-section-2.1 accessed 12 November 2014 à ¢Ã¢â€š ¬Ã‹Å"Legislation.gov.ukà ¢Ã¢â€š ¬Ã¢â€ž ¢https://www.legislation.gov.uk/ukpga/1981/54/section/49 accessed 12 November 2014 à ¢Ã¢â€š ¬Ã‹Å"TheNationalArchivesà ¢Ã¢â€š ¬Ã¢â€ž ¢ https://www.nationalarchives.gov.uk/pathways/citizenship/citizen_subject/law.htm accessed 11 November 2014 Cases Bank of Boston Connecticut v European Grain and Shipping Ltd Central London Property Trust Ltd v High Trees House Ltd Cresswell v Potter (1978) 1 WLR 255 Cuckmere B rick Co Ltd v Mutual Finance Ltd Earl of Oxfordà ¢Ã¢â€š ¬Ã¢â€ž ¢s Case (1615) 1 Rep Ch 1 Napier and Ettrick (Lord) v Hunter Tinsley v Milligan United Scientific Holdings v Burnley Borough Council Walsh v Lonsdale Statutes Supreme Court Act 1981 Supreme Court of Judicature Act 1873 (36 37 Vict C. 66) Supreme Court of Judicature Act 1875 (38 39 Vict C. 77) 1 [1] (per Somer J, Elders Pastoral Ltd v Bank of New Zealand [1989] 2 NZLR 180 at 193). [2] Elizabeth Martin and Jonathan Law, A Dictionary of Law (Oxford University Press, USA 2006). [3] Sarah Worthington, Equity (OUP 2003). [4] [1978] 1WLR 255) [5]Theodore FT Plucknett, A Concise History Of The Common Law (Liberty Fund 1956). [6] à ¢Ã¢â€š ¬Ã‹Å"Judges and the Lawà ¢Ã¢â€š ¬Ã¢â€ž ¢ https://www.open.edu/openlearn/society/the-law/judges-and-the-law/content-section-2.1 accessed 12 November 2014. [7]à ¢Ã¢â€š ¬Ã‹Å"The National Archivesà ¢Ã¢â€š ¬Ã¢â€ž ¢ https://www.nationalarchives.gov.uk/pathways/citizenship/citizen_subject/law.htm accessed 11 November 2014. [8] Martin (n 2) 109. [9] Ibid 109. [10] Lady Doris Mary Stenton, English Justice Between the Norman Conquest and the Great Charter, 1066-1215 (1st edn, Allen Unwin 1964) [11] Martin (n 2) 109. [12] David Kelly and Gary Slapper, The English Legal System (11th edn, Routledge 2010) [13]GJ Toome r, John Selden: A Life in Scholarship (Oxford, OUP 2009). [14] Iain McDonald and Anne Street, Equity Trusts Concentrate: Law Revision and Study Guide (Oxford University Press 2014). [15] (1615) 1 Rep Ch 1 [16] Lord Ellesmere, in the Earl of Oxfords Case [1615] 1 Rep Ch 1 [17] McDonald (n 13) 9. [18] Supreme Court of Judicature Act 1873 (36 37 Vict c. 66) [19] Supreme Court Act 1981 [20] Supreme Court of Judicature Act 1873 (36 37 Vict c. 66) and the Supreme Court of Judicature Act 1875 (38 39 Vict c. 77) [21] McDonald (n 13) 9. [22] P. Baker, à ¢Ã¢â€š ¬Ã‹Å"Future of Equityà ¢Ã¢â€š ¬Ã¢â€ž ¢, (1977) 93 Law Quarterly Review 529 540 https://www.heinonline.org.ergo.glam.ac.uk/HOL/Index?index=journals/lqrcollection=journals accessed 12 November 2014. [23] Martin (n 22) 1. [24] ibid [25] Bank of Boston Connecticut v European Grain and Shipping Ltd [1989] A.C. 1056 at p. 1109. [26] Rachel Jho, à ¢Ã¢â€š ¬Ã‹Å"The à ¢Ã¢â€š ¬Ã…“Fusion Fallacyà ¢Ã¢â€š ¬Ã‚ between Equity and Common Law: A Criticle Analysisà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2014) 56 NSWLR https://racheljho.files.wordpress.com/2014/04/the-fusion-fallacy-between-equity-and-common-law.pdf. [27] Pty Ltd [2003] NSWCA 10 [28] [1914] AC 932 [29] W Ashburner, Ashburnerà ¢Ã¢â€š ¬Ã¢â€ž ¢s Principles of Equity. (2nd edn, Butterworth 1933). [30] Supreme Court of Judicature Act 1873 (36 37 Vict c. 66) and the Supreme Court of Judicature Act 1875 (38 39 Vict c. 77). [31] JD Heydon, WMC Gummow and RP Austin, Cases and Materials on Equity and Trusts (4th edn, Butterworths 1993) 27. [32] United Scientific Holdings v Burnley Borough Council AC 904 924-925. [33] ibid [34] Roderick Meagher, John Dyson Heydon and Mark Leeming, Meagher, Gummow and Lehaneà ¢Ã¢â€š ¬Ã¢â€ž ¢s Equity: Doctrines and Remedies (4th edn, 2002) 2-105. [35] R Meagher and J Heydon, Meagher, Gummow and Lehaneà ¢Ã¢â€š ¬Ã¢â€ž ¢s Equity, Doctrines, and Remedies (Butterworths LexisNexis 2002). [36] ibid [37] Ibid (n 34) [38] Central London Property Trust Ltd v High Trees House Ltd [1947] KB 130. [39] (1882) 21 ch D 9. [40] PETER SPARKES, à ¢Ã¢â€š ¬Ã‹Å"WALSH V LONSDALE THE NON-FUSION FALLACYà ¢Ã¢â€š ¬Ã¢â€ž ¢ (1988) 8 Oxford Journal of Legal Studies 350. [41] ibid [42] AWB Simpson, à ¢Ã¢â€š ¬Ã‹Å"the Survival of the Common Law System; Then and Nowà ¢Ã¢â€š ¬Ã¢â€ž ¢ (Sweet Maxwell 1974). [43] Ibid (n 26) [44] Michael Tilbury, à ¢Ã¢â€š ¬Ã‹Å"Fallacy or FurphyÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒâ€šÃ‚ ¯: Fusion in a Judicature Worldà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2003) 26 (2) U.N.S.W. Law Journal 357, 26 U.N.S.W.L.J. 357 2003. [45] Martin (n 22) 1. [46] ibid (n 13) 9. [47] A Burrows, à ¢Ã¢â€š ¬Ã‹Å"We Do This At Common Law But That In Equityà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2002) 22 Oxford Journal of Legal Studies. [48] Baker (n 22) [49] Meagher (n 35) 2-320. [50] David A Hughes, à ¢Ã¢â€š ¬Ã‹Å"A CLASSIFICATION OF FUSION AFTER HARRIS V DIGITAL PULSEà ¢Ã¢â€š ¬Ã¢â€ž ¢ 29(2) UNSW Law Journal 38. [51] United Scientific Holdings v Burnley Borough Council AC 904 924-925. [52] Cuckmere Brick Co. Ltd. v. Mutual Finance Ltd [1978] A.C. 904. [53] Napier and Ettrick (Lord) v. Hunter [1993] 2 W.L.R. 42. [54] Tinsley v. Milligan [1993] 3 All E.R. 65. [55] Jill Martin, à ¢Ã¢â€š ¬Ã‹Å"Fusion, Fallacy and Confusion; a Comparative Studyà ¢Ã¢â€š ¬Ã¢â€ž ¢ [1994] Conveyancer and Property Lawyer. [56] P Baker and P Langan, Snellà ¢Ã¢â€š ¬Ã¢â€ž ¢s Principles of Equity (29th edn, Sweet Maxwell 1990). [57] Ibid (n 1) [58] Gary Watt, Equity and Trusts Law Directions (Oxford University Press) 10.

Flamenco Essay - 898 Words

Flamenco is an individualistic folk art, a genuine Southern art form, which was mainly originated by Andalusian gypsies. It exists in 3 forms: El cante, song, el baile, dance and guitarrra, guitar playing. Its roots also are with Arabs, Spanish Jews and socially outcasted Christians. The flamenco essence is song, which is usually accompanied by guitar and improvised dance. Complex rhythmic patterns and sophisticated footwork differs from other European dance forms. The word quot;flamencoquot; has been questioned on why an Adalucian music form would be represented by a word that meant Flemish or flamingos. Most believe that it was Carlos I who brought with him to Spain from Flanders an entire Flemish court. These Flemish court men, on†¦show more content†¦This is often called Seguiriyas. nbsp;nbsp;nbsp;nbsp;nbsp; Seguiriyas is the oldest written example of flamenco found in the 18th century. Called an indecent dance by Henry Swinburne of 1779, seguiriyas is one of the many still surviving non-Gypsy flamenco dances. The many types of cante are similar in the fact that they may share the same rhythm. Although, they are proved to be very individual in their accentuation and emotional content. The ancestry of el cante is traced back to the serious forms called Canas and Soleares. From these two, stemmed Alegrias, which was a lighter form. From the Gypsy culture came Albireas, which was only sung at weddings. Spanish folk songs and dance the Arab influences and Latin America has influenced many later genres such as Rumbas, Gitano, and the Columbianos. Black culture played a large role in the formation of many Latin American music types.  Though Flamenco has very much been acquired by Arabs, Indians, Jews, Gypsies and the Africans the source of flamenco dance lies in the singing and guitar traditions. Originally, the guitar served as the companion of flamenco dances. Today flamenco guitar has developed into its own art. Like many other music forms and styles, flamenco has recently been mixed with jazz, blues, rock and pop music. This form is embraced by younger people but discarded by a somewhat older quot;purists.quot; 16th century dance included chacona, zerabanda andShow MoreRelatedFlamenco and the Spanish Culture619 Words   |  3 Pagesdifferent musical styles have originated from various locations through Spain such as Flamenco from Andalusia, the Galician bagpipe music from Galicia and the classical guitar music that originated throughout Spain in the early . Spanish music is very diverse and reflects the large cultural differences between regions. The music of Spain has also had a large impact on the music of western cultures.(Music of Spain). Flamenco is a form of Spanish folk music which originated in Andalusia in the south ofRead MoreThe Art Of Flamenco Dancing1384 Words   |  6 Pagescountry with many famous and important traditions one of which is, the art of flamenco dancing. Flamenco, a bequilling mix of guitar, song and dance forged by the ancient Andulucia Gypsies. Its theme of joy and sorrow appears to be an expression of the Gypsy way of life. Flamenco is very evoking to gypsies. It brings out the spirit that comes from inside, a mysterious power that everyone feels but no one can explain. Flamenco fuels a physical and an emotional response to this beautiful art. It may giveRead MoreThe Art Of Flamenco Dancing1563 Words   |  7 Pagescountry with many famous and important traditions one of which is, the art of flamenco dancing. Flamenco, a beguiling mix of guitar, song and dance forged by the ancient Andalucà ­a Gypsies. Its theme of joy and sorrow appears to be an expression of the Gypsy way of life. Flamenco is very evoking to gypsies. It brings out the spirit that comes from inside, a mysterious power that everyone feels but no one can explain. Flamenco fuels a physical and an emotional response to this beautiful art of music andRead MoreBackground And Origin Of Flamenco Music And Dance1212 Words   |  5 Pagesbackground and origin of flamenco music and dance. By observing Miguel Bernal and his group s performance of flamenco music and dance on Feburary 25th at the Culver Center of the Arts, I will demonstrate the characteristics of flamenco music and dance and it s influences to people s cultural identities and values. I will also interview one of the audiences from the performance about her point of view to the flamenco music and dance. Background and Origin Flamenco was originally emanating fromRead MoreA Discussion On Mass Communication2115 Words   |  9 Pagesmedia will endure to outdo traditional print media. While many first-time travelers to Spain think of passionate flamenco (attributed to Andalucà ­a s persecuted gypsy culture, flamenco is a passionate form of music and dance combining Jewish, Moorish and Andalucà ­an influences) as being Spain s so-called national music, traditional Spanish music is far more complex. In fact, flamenco music didn t even formally hit the Spanish music scene until around the beginning of the 19th century, centuriesRead MoreThe Spanish Cuisine Of Spain980 Words   |  4 PagesThe culture of Spain is very diverse and lively. It is filled with beautiful colors like the dresses of the Flamenco dancers, or the decorations in the late-night fiestas. Last year my school had a foreign exchange student from a little island off the coast of Spain. Her name was Marà ­a. She told us all about the crystal blue water that surrounded her island, and the fiestas her and her friends and family would go to until 3 A.M. Spain is a beautiful country, and this paper wil l explain its most importantRead MoreLa Siest A Known Component Of The Spanish Culture1750 Words   |  7 Pagesround in every spot. Spanish Flamenco: It’s probably the most common and famous traditions in Spain but often misunderstood by outsiders. To begin with, Flamenco is not actually a dancing style, although it might at times include dance to spice up the moments. Flamenco is actually a musical style that places special emphasis on vocals, rhythm, and the guitar than in the dance. As a matter of fact, the whole concept of Flamenco dancing is slightly paradoxical. True flamenco is considered spontaneousRead MoreThe Works Of Francisco Pena Perez1969 Words   |  8 Pagescomposer, producer and innovator of Flamenco. He was born in Andalucian city of Cordoba on June 1st, 1942 and has started learning how to play the guitar from his brother at the age of 6. At the age of 12, he experienced his first professional performance. He performed throughout Spain in his early age and decided to move to London in 1960s to pursue his career abroad. According to Woodall (n.d.), â€Å" since then, his reputation as a refined interpre ter of traditional flamenco-guitar forms has remained unequalled†Read MoreEssay about Exploring Different Styles of Popular Music2503 Words   |  11 Pages music became more widespread, finally dominating the traditional Spanish flamenco music in popularity in the late 1950s. As popularity increased, many more bands were formed, which meant that this form of music developed and many styles developed that broke away from the traditional pop of the early 1960s. Much of early Spanish rock and pop was greatly influenced by traditional flamenco. However, it progressed little until the second half of the 1970s because ofRead MoreSpain With Great Hopes Of Returning1777 Words   |  8 PagesRisk, I lean on the conservative side, and yet I find myself at times willing to bend the rules. During our travels we were advised the local flamenco was mainly tourist traps, and if you want the authentic flamenco you must to travel to the outskirts of the city. Around eleven at night we find a cab driver who understands and agrees to take us to true flamenco. With a forty minute ride into a town we did not know to a seedy little barrio. Before leaving the cab we pointed to our watch, and asked to

Assemblage Interrogatives Information Basis as a Service Pattern

Question: Describe about The Contemporary Development In The Systems Helps To Handle The Devices And Dominate Mainly On The Commercialisation Of The Market? Answer: Introduction The Contemporary Development In The Systems Helps To Handle The Devices And Dominate Mainly On The Commercialisation Of The Market. There are trends which match to the usage of the system and look forward to the relationship which stay updated on the intelligent system. The creation of the relation which dominated as per handling, keeping the assemblage intact. There are certain demonstrations which will compute and adapt as per the changes in the lifespan. The strategy needs to handle the usage of pre-processing system to work on the frameworks along with the development of app. The performance discussing on surrounding to a higher leading centre which is able to examine the growth and cover the major storage system of visualisation. (Lemoine et al., 2014). Computing the Assemblage As per the change in the applications, it is important to highlight on the designing and deployment feature which enables a better role and address to cloud and grid features. The origination of different in critiques will handle the sociology which maps the relation and other combinations. The context of origination of work to analyse the developments and handling the scientometric mapping, there is a need to manage with a wider range of fluctuations and take care of the associated sciences. The theory explains about the transportation system which fits in the best for a better and unique network system. The explicit change in the strategy focus on how many attributes are there to handle the concept of agency and to take care of the network decisions. (Ao et al., 2014). Actor Network Theory The computation to accept the code implementation and handling the operating systems switch to increase in the framework devices along with generating codes of CSS. With the perspective of ANT theory, there are certain dynamic organisations which focus on how the values and organisation illustrate to access the pool of resources. The description of the different technologies leads to focus on outsourcing the different service models. ANT helps in: Maintaining the interests of problems in handling the solutions and establishing the stability to pass the passage points. The interessement to convince and handle the line of interests, try to enrol to the development of the network which incite the right lock to the actors. The enrolment involves the roles to set strategy as per the project growth to embrace the ideas and handle the strategies. The mobilisation and control over the network embodies the stability on socio-technical levels. Talking about the cloud enterprising stories, there are concerns which affects the cloud stories. To mention the reports of security, there are certain loss of data which are in regard to the implementation and emerging of the risks factor. To manage the market, there is a need to pursue and conceptualise about determining the major distances which handles the technological growth. The development of the product and the individual theory, there are certain assessment of the roles which leads to the construction of groups and other integrated features. To handle the executive costs, there are: The actants which are computing with regards to researches in the institution and other housing standards. In this, as per the analysis of the organisation, there was a research conducted which says that there are different organisations which handle the resources and take care of the employees as per how they follow and sense the period of time. The interviews and the implementation to follow the sense of literal generally keep on holding the approach and try to take into consideration about how there is proper implementation of the different projects. The associations which consult to the housing projects generally consider about taking plans according to the renovations and build up important changes in the floors, as per the scheduled plan. The strategy to set up the right renovation and to regard the best follow ups, a proper research is important to analyse the data and involve the projects which could carry the associations on time. With the different administrative centre, one could analyse that there is a need to handle the company data which will take care of all the data values and handle it to the organisation as per the natural progression. The idea to go for handling the services and focusing on a feel of hosting the cloud feature is important to overtake and encrypt all the features. (Misfud, 2014). With the implementation of the different category scales, with the creation of the tools and emulators, there is a need to incorporate the lines of service and handle the development which focus on the generation of designs and other interface. Following the act ants, there are categorisation which marks the representation of the designs and develop important tools to strength the competitiveness for operating efficiency change. With a proper categorisation under the actants, there is a maintenance of proper structural mean to handle the representation and promote the behaviour as per the secured and motivated outputs. The models and signs of structures for home communication with the different models which are able to push the management systems, depends upon the business priority. The system of intelligence generally support to all the replication and demonstrate how it is important to handle the different environments. (Ao et al., 2014). The background which supports the marking system and the documentation update the structure of the database which handles the data input and try to track the functionality as per the assessment system. The actants which follow the scenario and outcome of metro system After the examination, the other scenario which came out was about carrying implementation plan of a metro system. With the makeup of the books and novels, there are researches which are frequent to cite things which are in regard to handle and practice about the analysis of the document. With all the projects involved, the Bruno Latour (who worked on this ANT research) finally came up with the analysis of the things which are practices under it. The breakdown and the weakness certainly handled the rick data palette which brings in change in drawing certain fieldworks. For a setup of a big enterprise, it is important to handle the spaces of the code and speculate to protect the cloud system. With the integrity and other support, there is a possibility to protect the data by proper usage of the software and other features. For a proper service, it is important to properly identify and locate the moderators which are able to handle the accounts and influence the market which depends on eliminating the content. The standard of authenticity mainly tries to interact with the contents that take hold of the things and other purposes to make the content and innovate important content about the usage of work quality feature. (Lemoine et al.,2014). To handle the best plugin, there are audiences who focus on how to engage in influencing the major views of the website ad try to put the hooks to engage with the remarkable content. The software based convenience is important to handle the actants and scale out the features to spam out ethical advantage to engage mainly in the consistency of work. In this, the actants are the mediators who are the non-human actant, working with the software on computer, internet, iPad etc. There is a provision to pull the activities and symbolise the actions as per the usage of the self-system. The different relationship try to take hold of the concept of agency which are under the generalised symmetry work. Conclusion With the interaction to handle the clean state, it is important to derive certain important scopes which could generate the effects important for sharing the knowledge and other corporative initiatives. The opportunities which reflect on the basis of examination feature certain context with highlighting the powerful base to compete and promote for an undetermined system of network growth. The ANT suggests that there are certain points which handle the reasoning and state about the ideals and forms along with handling the community features. The roles and other objects are divided under the management system which opts to the stability factor and recognise the significance feature. As per the networking system, there consists of interaction with the assimilated growth which approach to the location of the associative factor. (Misfud, 2014). The deterministic goals of the models trace out the phenomena to handle the structures and pattern the unfolding of the challenges. With pursuing the innovation, there is a development which regards to handling the political and other development factors. It is, thereby important to follow the actants and take care of all the different explanations which could follow and observe the translations as per the defined scenarios to build up a laboured work. Reference RAJA, R., KUMAR, V. R. (2015). Assemblage Interrogatives Information Basis as a Service Pattern. Lemoine, X., Zeder, M. A., Bishop, K. J., Rufolo, S. J. (2014). A new system for computing dentition-based age profiles in Sus scrofa.Journal of Archaeological Science,47, 179-193. Mifsud, D. (2014). Actor-Network Theory (ANT): An Assemblage of Perceptions, Understandings, and Critiques of this Sensibility'and how its Relatively Under-Utilized Conceptual Framework in Education Studies can aid Researchers in the Exploration of Networks and Power Relations.International Journal of Actor-Network Theory and Technological Innovation (IJANTTI),6(1), 1-16. Ao, C. H., Xiao, C., Yang, X. Y. (2014). Algorithm of Geometry-Feature Based Image Segmentation and Its Application in Assemblage Measure Inspect. InFuzzy Information Engineering and Operations Research Management(pp. 419-428). Springer Berlin Heidelberg.

Violation of the Authority of the Father Figure in John Miltons Paradise Lost and Daniel Defoes Robinson Crusoe

Introduction John Milton’s epic poem, â€Å"Paradise Lost†, primarily explores the repercussions of disobedience visited upon man after his fall occasioned by eating the forbidden fruit. Therefore, the poem inadvertently cautions against disobeying the instituted authority and moral structures.Advertising We will write a custom essay sample on Violation of the Authority of the Father Figure in John Milton’s Paradise Lost and Daniel Defoe’s Robinson Crusoe specifically for you for only $16.05 $11/page Learn More However, through the actions of one of the main protagonists of the poem, Satan, the act of challenging authority is explored. Satan challenges the authority of God in heaven, and consequently, he is cast away into the depths of hell. Similarly, in Daniel Defoe’s â€Å"Robinson Crusoe†, the title character, Robinson Crusoe, decides to follow his long held ambition of exploring the seas. Subsequently, he go es against his family’s, especially his father’s, wish that he settles down, establish himself in a respectable career, and create a socially expected and accepted trajectory of life amongst his societal contemporaries. The common thread in the two characters; Satan in â€Å"Paradise Lost† and Robinson Crusoe in â€Å"Robinson Crusoe†, is that, they both wilfully defy the set authority that has guided and ruled over their lives. Instead, they decide to chart their own course in life independent of the influence of their separate father figure authorities. Satan, primarily due to his immense hubris that sets him against God, decides to challenge the authority of God by leading a rebellion that intends to usurp the authority of God in heaven. The rebellion fails, and he is banished into hell. Nevertheless, Satan is determined to live a life that is independent of the influence of the fatherly authority of God; therefore, he decides to acclimatize to his wre tched existence in the depths of hell. He states that, he would be okay as long as he maintains his liberty in hell, and to this effect he reveals that he would rather reign in hell than serve in heaven (Milton Book 3, verse 77). Similarly, Robinson Crusoe goes against his father’s wishes, and thus authority, by deciding to forgo the comforting and relatively stable life of career men in the town of Hull. Instead, he casts his lot with the precarious nature of exploration and adventurism, much to the dismay of his father (Defoe 2). Therefore, in both texts, the characters of Satan, Adam, Eve, and Robinson Crusoe bravely defy the authority of the father figures in their lives. Furthermore, they heroically choose to follow their own paths in life, which even while turning out to be dangerous, unpredictable, and almost suicidal for them, are worth the struggle because of the sense of freedom, liberation, and self-dependence that they subsequently acquire.Advertising Looking for essay on comparative literature? Let's see if we can help you! Get your first paper with 15% OFF Learn More The Setting in Robinson Crusoe and Paradise Lost: The Town of Hull and Heaven as Harbingers of Disobedience, Defiance, and Revolt The setting at the beginning of Paradise Lost and Robinson Crusoe provide a fertile ground for fostering dissent, especially for inquisitive and curious souls such as those of the respective characters in both texts. In Paradise Lost, the setting of Heaven and the requirements by God that he be worshipped and adored by is creations creates a monotonous existence for his subjects/creations (Milton Book 1, Verse 18). Satan, his pride notwithstanding, decides to lead a rebellion against God because he states that angels are not God’s creations, therefore, are not bound to worship and adore God like the rest of God’s creations. Thus, the streak of rebellion in Satan is borne out of the monotonous existence to be found in Heav en. Similarly, Adam comes across as curious; exploring the Garden of Eden and seeking answers from the angels on the nature of man’s existence (Book 1 Verse 17). Even though, he is more curious than Eve, he still worships God as required. However, when Eve is tempted, and partakes of the forbidden fruit, Adam knowingly partakes too, even though he is aware that he is committing a sin. Just like Satan, Adam and Eve are living a mundane and repetitive lifestyle in Heaven. They are curious, and once Satan tempts Eve to eat the forbidden fruit, Eve’s, and subsequently Adam’s, interests are piqued. As God’s creations, Satan, Adam, and Eve are endowed with a sense of curiosity that is limited by living in Heaven and the Garden of Eden. Satan seeks authority and liberty from God, whom he views as an illegitimate Lord over Heaven. Likewise, Adam and Eve are eager to satisfy their quench for knowledge concerning life beyond the limited answers given by the Angels in heaven. Therefore, the sphere of Heaven, the setting for much of Paradise Lost, although meant to be a safe place for God’s creations, ironically becomes the exact source of curiosity, defiance and revolt by Satan, and Adam and Eve. These three characters, in a sense, are brave and act heroically because they refuse to settle and accept everything that they are told; instead, they are courageous enough to defy their precise creator. Satan decides to challenge the authority of God, the father of all creatures of heaven, while Adam and Eve, by partaking of the forbidden fruit, begin a post-lapsarian heroic journey towards discovering life, morality and death, beyond the theoretical knowledge they had received while in Heaven.Advertising We will write a custom essay sample on Violation of the Authority of the Father Figure in John Milton’s Paradise Lost and Daniel Defoe’s Robinson Crusoe specifically for you for only $16.05 $11/page L earn More Robinson Crusoe also refuses to settle into the comfortable and predictable lifestyle destined for him by virtue of being his father’s son; a life that is expected of him by the fact that many of the citizens in the town of Hull lived their lives in such a manner. When Robinson Crusoe’s father realizes that his son is keen on exploration of the seas and new land in with an aim of making a chance fortune in such a manner, he quickly counsels him against doing so (Defoe 2). Crusoe’s father wonders why his son would forgo the relative comfort and surety of life in Hull, and take his chances on making a fortune in wild and unpredictable sea adventures. However, what is lost on the father is that the exact comfort and predictability of life in Hull as the father desired for the son, was the sheer reason that the son desired explore the world – Robinson Crusoe wanted more out of life than the monotonous, mundane life that his father envisioned for h im. According to Althusser, when Robinson Crusoe attempts to make his son change his mind about the plan to become an explorer and adventurer, he invokes the authority of God in impressing upon his own authority as the father (105). Crusoe’s father almost pronounces a curse on the son, stating that, were Crusoe to ignore his pleadings, God would, in support of the father’s authority, inflict harm, pain, and suffering upon Crusoe’s life. The mere fact that Robinson Crusoe still chooses to pursue his own desired path of exploration, therefore, points to his extreme dissatisfaction and abhorrence to the life that his father desired for him, which life was to be experienced in Hull, the setting of this given part of the novel. Therefore, in both texts, the setting as portrayed by the authors are avenues for creating and fostering a sense of curiosity, and subsequently defiance and rebellion that make the involved characters desire more out of their lives than the pa ths envisioned by the respective authorities in their lives – their fathers. The Heroic Nature of Satan’s, Adam and Eve’s (Humanity) and Robinson Crusoe’s Transgression against the Authority of the Father Figure As discussed in the forgoing paragraphs, Satan, Adam and Eve, out of pride and curiosity respectively, challenge the restrictions set on them by God’s authority. In Satan’s case, he knows the all-powerful, all-knowing and ever-present nature of God, yet he still has the temerity to challenge God’s authority. The rebellion he leads fails, and he is banished into hell. Yet, with the aid of his colleagues, Mammon and Beelzebub, he plots a way of reaching heaven again by accessing the Garden of Eden and corrupting the minds of Eve and Adam (Milton Book 4 Verse 12).Advertising Looking for essay on comparative literature? Let's see if we can help you! Get your first paper with 15% OFF Learn More Satan volunteers to take the treacherous journey into heaven though the abyss, braving many dangers along the way before arriving at the Garden of Eden and convincing Eve first to partake of the fruit from the Tree of the Knowledge of Good and Evil, leading to Adam’s subsequent similar moral capitulation (Milton Book 4 Verse 25). Satan’s journey through the Abyss is similar to the journeys undertaken by other heroes in classic Greek works such as Odysseus. Both Satan and Odysseus overcome many challenges and fight battles on their respective journeys, and like Aeneas in Aeneid rallies his troops behind him despite the great odds against them (Calloway 83). Therefore, not only does Satan refuse to accept the defeat that led to his banishment from heaven, he also takes the risk of returning to heaven, this time with a more subtle plan of challenging God’s authority by winning over the minds of his creations through his infectious rhetoric and charisma. Satanâ€⠄¢s conviction in his attempts to challenge the authority of God stems from the fact that he strongly believes that God ruled heaven as a tyrant. He believes that his challenge of the authority of God, despite the heavy odds against him and his fellow rebellious angels, was a challenge against the whimsical, tyrannous and unfair leadership of God (Hiller 3). This tyrannous and vengeful nature of God can be seen in the manner that he treats Adam and Eve after they eat of the fruit from the Tree of Knowledge of Good and Evil. After Adam and Eve realise that they have sinned, and are thus consumed by immense guilt and shame, they decide to seek the pardon of God, who does not pardon them but rather lets them experience the full repercussions of their transgressions (Milton Book 9 verses 4-6). Adam and Eve are thus banished from the Garden of Eden, and in a sense Satan’s view of God is justified, and since Satan’s plan is realised, he managers to win a small battle over Go d in that instance. On their part, Adam and Eve’s heroism stems from the fact that they not only ate the fruit from the Tree of Knowledge of Good and Evil (knowing full well the penalty was death), but also the fact that they willingly took responsibility for their actions. It is worth noting that, in a sense, Adam and Eve were living in the shadow and fear of the authority of God. The fact that they were supposed to die, if they were to eat of the fruit, illustrates the fact that, despite God stating that they had the free will to do whatever they pleased, the extreme repercussions for this one transgression indicates a tendency to stifle and diminish this free will even before it is practiced. Therefore, the bravery of Eve in partaking of the fruit (with a little Coaxing from Satan) with the knowledge that it would lead to her death indicates an intense desire to acquire the knowledge of God stored or hidden in the Tree of Knowledge. Subsequently, Adam also eats this same f ruit after realizing that Eve had already done so, and knowing full well that he would be going against God’s will and would be banished from the garden of Eden together with Eve. Thus, Adam and Eve satisfy their curiosity for knowledge, in the same vein challenging the authority of God the father, and subsequently take responsibility for their actions, neither laying the blame on Satan or God. Robinson Crusoe overcomes many personal and societal restrictions in his pursuit of a life of exploration in the seas. Besides the authority of his father, which he transgresses, he leaves behind a family of three children – a matter society was not likely to view kindly. Thereafter, his father invokes the authority of God in a last ditch effort to try and convince him to stop his plans of exploring the high seas, telling him that God would bring harm on his path (Defoe 2). Interestingly, on his exact first voyage, the predictions of the father are seemingly realised when his sh ip is wrecked in a storm, and he personally believes that his father’s warnings were haunting him in his journey. Yet, Robinson Crusoe recovers, both physically and psychologically, his love for exploration overcoming his fear of the unknown and the ominous warnings from his father. Indeed, Crusoe encounters many hardships in his sea excursions, where he is captured and enslaved, before experiencing another shipwreck after escaping from slavery and becoming a plantation owner in Brazil, whereupon he finds himself in an island that he inhabits alone for twenty-eight years. Crusoe’s heroism shines in all these circumstances because despite the father’s warning hanging over him like a dark cloud in all the unfortunate circumstances that encumber his adventures, he never once looses hope or despairs but remains true to his dream of self-dependence, liberty and fortune making. Humanism and Civilization in Robinson Crusoe and Paradise Lost In both Paradise Lost and Ro binson Crusoe, the authors are concerned with the contemporary socio-political and economic issues in their societies. John Milton was ultimately concerned with the religious nature of man, his relation to his God within the context of free will and predetermination (Alderman 184). According to Mondadori, when Milton allows man to fall and then take responsibility for his fall, he presents a liberated man and the consequences of man’s fall epitomise the nature of free will as determined by God (55). Therefore, Paradise Lost becomes an epic (as opposed to a tragedy) by virtue of the fact that it portrays the triumph of man through free will. Humans are thus free to exercise their God given free will in this life, and are portrayed as capable of making judgements that will enrich and enhance their lives. On the other hand, Daniel Defoe through his novel Robinson Crusoe addresses and challenges the contemporary views on providence and free will. Similar to John Milton, Daniel De foe believes in human beings charting their own successful courses in life through their own desires and plans, just like the character Robinson Crusoe does. In a sense, the story of Robinson Crusoe pays homage to, and highlights the qualities admirable in a middle-class English man- adventurous, self-reliant, courageous and disciplined. Shinagel states that the character of Robinson Crusoe vouches for the entrepreneurial spirit of the English man, which characterized the civilisation and expansion of the British Empire, as well as the colonizing tendencies of England, which are practiced by Crusoe on his Island (Island of Despair) and characterized the imperialistic match of the British Empire (24). Conclusion The form of both texts aids in the delivery of the various thematic contents of the texts. For instance, Milton utilizes nearly all types of genres available in his epic poem, which according to Fish may be interpreted as various scenes of a play, with the mind of the reader being the stage of the play (161). Additionally, by using poetry in blank verse as the vehicle of transporting his message of the fall and redemption of man, Milton’s characters easily deliver direct speeches to state their points; a factor that would have been unwieldy had Milton not chosen this form of poetry. Both Paradise Lost and Robinson Crusoe explore the theme of defiance or the transgression of fatherly authority. In Paradise Lost, Satan, together with Adam and Eve violate the law and authority of God, while Robinson Crusoe transgresses the authority of his biological father. The heroism in the transgressions by these various characters lies in the fact that similar to the ideals espoused in the contemporary societies of the texts’ setting, they choose independence over dependence; freedom over bondage; discovery over complacency; and change over the status quo. Therefore, by choosing to violate the laws that governed them by the authority of the father figure s in their lives, these four characters chose the less travelled path, and in so doing opened a brave new world for themselves and, by extension, the reader(s); a less tyrannical world, more humanistic, and ultimately more civilised. Works Cited Alderman, Nigel. â€Å"Rememb’ring Mercy: Monuments, Memory, and Remembering in Paradise Lost.† Milton Quarterly 42.3 (2008): 183-196. Althusser, Louis. â€Å"Robinson Crusoe and the drama of Interpellation.† In Transitions by Warrenn Montag. New York: Palgrave Macmillan, 2003. Print. Calloway, Katherine. â€Å"Beyond Parody: Satan as Aeneas in â€Å"Paradise Lost.† Milton Quarterly 6.4(2005): 82-92. Defoe, Daniel. Robinson Crusoe (Aladdin paperbacks edition). New York: Aladdin Paperbacks, 2001. Print. Fish, Stanley. â€Å"The Harassed Reader in Paradise Lost.† Critical Quarterly 7.2 (1965): 161-182. Hiller, Russell. â€Å"The Good Communicated: Milton’s Drama of the fall and the Law of Charity.â⠂¬  Modern Language Review 103.1 (2008): 1-21. Milton, John. Paradise Lost, n.d. Web. Mondadori, Anorldo. Giants of Literature: Milton. Berkshire: Sampson Low, 1977. Shinagel, Michael. Daniel Defoe and Middle class Gentility. Cambridge, Massachusetts: Harvard University Press, 1968. Print. This essay on Violation of the Authority of the Father Figure in John Milton’s Paradise Lost and Daniel Defoe’s Robinson Crusoe was written and submitted by user B0bby to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

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