9.Is gambling an irrational form of consumption Essay

9.Is betting a silly type of utilization - Essay Example Johnson et al. (1999, p.19) attempted to recognize the tax collection arrangements that allude to betting in UK and arrived at the resolution that ‘betting-shop card sharks in the UK face an assessment on betting of 10%, however have the decision of paying the duty either at the hour of bet or on any arrival on a fruitful wager; over 18% of wagers seem, by all accounts, to be put by players who decide to pay charge on the return.’. The above investigation centers around a specific part of betting, the tax assessment. Be that as it may, betting isn't just piece of the national economy. It is primarily a human action that should be investigated as of its reasons. In the writing, betting has been connected with the utilization; it is expressed by numerous scholars and specialists (the pertinent perspectives are introduced in the areas that follow) that betting is somewhat a ‘irrational’ type of utilization. The legitimacy of this supposition will be demonstrate d through the examination that is made in the sections that follow. Betting ought to be described as the movement of burning through cash on different sorts of games that offer the opportunity of benefit (the fiscal sum spent in betting is less from the sum expected to be gotten). The degree of the cash spent on betting and the odds for accomplishing a particular benefit are relied upon the terms and the states of each game. As the years progressed, betting has been extended in the Internet. Concerning issue, the investigation of Brindley (1999, p.281) demonstrated that ‘gambling by means of intuitive innovation is now supported by two late changes in customer conduct: first, expanding acclimation with intelligent innovation and second, by changes in the manner in which the betting business sector works; the collaboration between advertising betting and innovation will change the creation and utilization of gambling’. As such, the attributes of betting are relied upon to be changed constantly following the patterns of the

Scarlet Letter Essay Paper Example For Students

Red Letter Essay Paper In Nathaniel Hawthornes The Scarlet Letter, life is revolved around an unbending Puritan culture in which one can't reveal hisor her deepest contemplations and insider facts. Each person needs the chance to communicate how the person really feels, in any case the feelings are restrained until they become unpredictable. Sadly, Puritan culture didn't allow this sort of articulation, in this manner characters needed to look for substitute intends to calm their own anguishes and wants. Fortunately, in any event for the four primary characters, Hawthorne gives such an asylum as the secretive woodland. Hawthorne utilizes the woodland to give a sort of safe house to citizenry needing an asylum from day by day Puritan life. In the profound, dull parts of the woodland, a considerable lot of the critical characters deliver concealed contemplations and feelings. The backwoods track leads from the settlement out into the wild where all indications of human advancement disappear. This is unequivocally the getaway course from severe commands of law and religion, to an asylum where men, just as ladies, can open up and act naturally. It is here that Dimmesdale straightforwardly recognizes Hester and his undying affection for her. It is additionally here that Hester can do likewise for Dimmesdale. At last, it is here that both of them can transparently participate in discussion without being distracted with the requirements that Puritan culture puts on them. The woodland itself is the very encapsulation of opportunity. No one watches in the forested areas to report bad conduct, in this way it is here thatpeople may do as they wish. To autonomous spirits, for example, Hester Prynnes, the wild coaxes her: Throw of f the shackles of law and religion. What great have they done you at any rate? Take a gander at you, a youthful and energetic lady, developed old before your time. Furthermore, no big surprise, trimmed in, as you seem to be, on each side by forbiddances. Why, you can barely stroll without stumbling more than some precept. Come to me, and be masterless. (p.186) Truly, Hester exploits this, when Arthur Dimmesdale shows up. She straightforwardly chats with Dimmesdale about subjects which could never be referenced in wherever other than the woodland. What we did she reminds him, had its very own sanctification. We felt it so! We said to one another! This announcement stuns Dimmesdale and he advises Hester to quiet, yet he in the long run understands that he is in a domain where he can straightforwardly communicate his feelings. The idea of Hester and Dimmesdale having a private discussion in the limits of the general public where they live is unfathomable. However here, in the timberlan d, they can discard all hesitance lastly act naturally under the umbrella of security which exists. In Puritan culture, confidence is worried among numerous different things. Be that as it may, confidence is more than focused on it is expected. It is accepted that you need just yourself, and along these lines ought to have no passionate need for a comfort in times of dire need. Indeed, for individuals in the stations of life which Hester and Dimmesdale hold, it would be inconceivable for them to comfort one another. However, in the woodland, these considerations are hurled away. Be thou solid for me, Dimmesdale argues. Encourage me what to do. (p. 187) This is a weep for help from Dimmesdale, at long last conceding he can't experience this trial without anyone else. With this supplication comes an intriguing kind of job inversion. When Dimmesdale requests help, he is done supporting the conviction that he is above Hester. He is at long last conceding that she is an equivalent, or even that she is above him. This is conceivably one reason that Puritans wont acknowledge these passionate presentations in light of the fact that the general public is so socially arranged. Hester, accepting another situation of intensity, gives a genuine, moving discourse. The expert articulation of her words can't be overemphasized, and an all the more remarkable explanation presently couldn't seem to be made in the book. Hesters discourse ends up bearing a striking similarity to one of Dimmesdales messages. Start all once more! Lecture! Compose! Act!(p. 188) The inquiries she pose are likewise similar to the expressive inquiries which Dimmesdale would present during his lessons. The appropriate response is self-evident, yet upon closer assessment they appear to give startling outcomes. Whither leads there backwoods track? In reverse to the settlement, thou sayest! Yea; yet ahead, as well! More profound it goes, and more profound into the wild until, somewhere in the range of hardly any miles thus, the yellow leave will show no remnant of the white keeps an eye on track. (p. 187) If one glances at the title of this part, the significance turns out to be much more clear. ThePastor and His Parishioner uncovers that the jobs are presently switched. What other place could a confusion, for example, this happen, however inan tolerating condition? What other stage is there for a man of high respect in the network to pour his spirit to a lady who isshunned by the general population for a grave sin? No place else however in the backwoods, could such an occasion happen. .u3c34468820ce05f817ad10a6c5b0cdb2 , .u3c34468820ce05f817ad10a6c5b0cdb2 .postImageUrl , .u3c34468820ce05f817ad10a6c5b0cdb2 .focused content zone { min-stature: 80px; position: relative; } .u3c34468820ce05f817ad10a6c5b0cdb2 , .u3c34468820ce05f817ad10a6c5b0cdb2:hover , .u3c34468820ce05f817ad10a6c5b0cdb2:visited , .u3c34468820ce05f817ad10a6c5b0cdb2:active { border:0!important; } .u3c34468820ce05f817ad10a6c5b0cdb2 .clearfix:after { content: ; show: table; clear: both; } .u3c34468820ce05f817ad10a6c5b0cdb2 { show: square; change: foundation shading 250ms; webkit-progress: foundation shading 250ms; width: 100%; haziness: 1; progress: mistiness 250ms; webkit-change: obscurity 250ms; foundation shading: #95A5A6; } .u3c34468820ce05f817ad10a6c5b0cdb2:active , .u3c34468820ce05f817ad10a6c5b0cdb2:hover { darkness: 1; progress: murkiness 250ms; webkit-change: mistiness 250ms; foundation shading: #2C3E50; } .u3c34468820ce05f817ad10a6c5b0cdb2 .focused content region { width: 100%; position: relative; } .u3c34468820ce05f817ad10a6c5b0cdb2 .ctaText { fringe base: 0 strong #fff; shading: #2980B9; text dimension: 16px; textual style weight: intense; edge: 0; cushioning: 0; content design: underline; } .u3c34468820ce05f817ad10a6c5b0cdb2 .postTitle { shading: #FFFFFF; text dimension: 16px; textual style weight: 600; edge: 0; cushioning: 0; width: 100%; } .u3c34468820ce05f817ad10a6c5b0cdb2 .ctaButton { foundation shading: #7F8C8D!important; shading: #2980B9; outskirt: none; fringe range: 3px; box-shadow: none; text dimension: 14px; textual style weight: striking; line-tallness: 26px; moz-outskirt sweep: 3px; content adjust: focus; content enhancement: none; content shadow: none; width: 80px; min-stature: 80px; foundation: url(https://artscolumbia.org/wp-content/modules/intelly-related-posts/resources/pictures/straightforward arrow.png)no-rehash; position: total; right: 0; top: 0; } .u3c34468820ce05f817ad10a6c5b0cdb2:hover .ctaButton { foundation shading: #34495E!important; } .u3c344688 20ce05f817ad10a6c5b0cdb2 .focused content { show: table; stature: 80px; cushioning left: 18px; top: 0; } .u3c34468820ce05f817ad10a6c5b0cdb2-content { show: table-cell; edge: 0; cushioning: 0; cushioning right: 108px; position: relative; vertical-adjust: center; width: 100%; } .u3c34468820ce05f817ad10a6c5b0cdb2:after { content: ; show: square; clear: both; } READ: Life Essay SummaryFinally, the backwoods draws out the regular appearance and normal character of the individuals who use it accurately. When Hestertakes off her top and loosens her hair, we see a renewed individual. We see the genuine Hester, who has been concealed this entire time under a shield of disgrace. Her eyes develop brilliant and a flush goes to her cheek. We perceive her as the Hester from Chapter 1. The excellent, alluring individual who isn't reluctant to give her hair and not hesitant to show her magnificence. The daylight, which recently disregarded Hester, presently searches her out, and the timberland appe ars to shine. Dimmesdale has likewise returned to life, if just for a brief timeframe, and he is presently confident and enthusiastic. We have not seen this from Dimmesdale for quite a while, and probably won't see it until the end of time. Puritan culture can be unforgiving and devastating to ones internal identity. Hawthorne made the woods to give the characters a spot toescape and express their actual considerations, convictions, and feelings. It was here that contemplations and thoughts streamed as interminably as the prattling creek, and feeling was as wild as the woodland itself. There are no limitations in the normal world, since it is only that, regular. No interruption from individuals implies no unsettling influence in the normal request, and subsequently serves to bring its occupants from their reality, and into this more seasoned one. I trust Michel Eyquem de Montaigne expressed it most determinedly when he said Let us grant nature to have her direction: she comprehends her business better than we do.

Death Penalty

Death Penalty Death Penalty Home›Controversial Posts›Death Penalty Controversial PostsThis is the true story of two habitual murderers; Karla Tucker and Theo Kaczynski. Tucker kills two people, repents yet she is executed. On the other hand, Theo kills like he is hunting for fun for he commits three successful murders with mail bombs, attempts to kill even more and as a result many who escape his deadly traps are injured including our Yale computer science professor, David Gelernter. He however pleads guilty, and is not executed but imprisoned though he is the type that doesn’t feel remorse for the crimes committed. Are we or are we not justified to put to death the remorseful Tucker and spare the unremorseful Theo?Governments around the world have a major role of providing peaceful and safe neighborhoods for their citizens, key issue being to punish those caught of turning other people’s lives upside down killing their loved ones. Therefore to believe in the fact that there is a common w ay in which Theo and Tucker pay for their crimes whether repented or not is a perfect way to solve such a case. Both appear to be serial killers for they repeatedly commit murders and are bound to do it again if they are set free. In another view, such people when given alternative sentences such as released on parole or life time imprisonment pose a danger not only to the outside world but also to their fellow inmates and prison wardens so while opponents argue that such punishments would correct these people, they do not seem to realize how dangerous Theo and Tucker can be to the society and therefore like animals unfit to coexist with their victims they deserve to die the same way-fast (Stuart, 2002).The need to put them to a stop arises once they are arrested and taken to court-to pay for their sins. Furthermore, when we let such people face a court sentence so severe, swift and straight to the point, the long term effect is a warning to those still out there like them. This rep resents what will similarly be done to them should they end other peoples’ lives. The court system is therefore justified to punish through capital punishment any offender no matter how much we argue that we cannot take charge of other people’s life. Here the religious aspect dies within the system as not matter how much repentant one appears to be. The only people that forgive them are those they wrong, those who sadly were defenseless to their grave, and they cry for justice for we know that the cry of the dead is the cry that haunts (Bakken, 2010).Theo deserved the death penalty not just because he is a murderer but also because his actions affected the life of others especially emotionally. Therefore people who are involved in murder activities should also be murdered. An eye for an eye sometimes should be executed in such situations. However, in modern states, the death penalty has been reduced to man slaughter where the penalty involves life imprisonment. Therefore the pen alty is lenient and the life of the murdered is spared in such situations.In my own opinion, death penalty should be abolished and other harsher penalties should be incorporated to accompany life sentence. In order to enforce ethical codes in the society and respect for human life, it is vital to ensure those involved in murder are punished. The inmates who serve a life sentence should be given a chance to change and be forced to restitution of the victims of their actions of murder.

Great Swindles of the 19th Century

Gods And Goddesses Were An Important Part Of Life - 963 Words

Gods and goddesses were an important part of daily life of ancient Egyptians and played a significant role in maintaining peace and harmony across the land. The people believed that they performed critical functions for the society, such as protection from evil, representation of towns, animals, plants, and taking care of the dead. Thus, the Egyptians considered interaction and worship of gods as a profound part of life because they helped to ensure that life continued in a desired way. However, ordinary people were banned from the participation in the temples and had different methods of entering into contact with the gods. Those methods by ordinary people of ancient Egypt argues whether it is justified to regard popular religious beliefs and practices as radically different from the institutional religion as practiced in the temples. The history showed that in their relations with the invisible, ordinary Egyptians were forced outside the temple system and could not participate, directly at least, in its functioning. The system itself was developed and one temple could be dedicated to only one god or goddess because, as the people believed, they lived there. However, not everyone was allowed to visit the temples on a consistent basis, especially ordinary citizens, who could enter the first area only. It was called courtyard and was open for visiting only on special festival days but other areas of the temples were closed. All ordinary citizens worshiped many gods,Show MoreRelatedCompare and Contrast Essay: Ancient Egypt and Greece812 Words   |  4 Pagesmysteries to life, ancient civilizations created religion to explain these mysteries. Many ancient civilizations believed in religions that worshiped more than one god or goddess, this is called polytheism. Both the Ancient Egyptians and the Ancient Greeks practiced polytheism. For both ancient civilizations religion was an important part of daily life. Ancient Egyptians and Ancient Greeks had similar creation stories and worshipped similar gods and goddesses yet there beliefs were still very different Read MoreGreek Mythology : An Important Part Of Life Essay1431 Words   |  6 PagesGreek mythology (the Greek version of storytelling) was an important part of life in ancient Greece. The gods and worship was also an important part of family life. Storytelling was how legends about the gods got passed on from generation to generation. The Greek people believed that all of the gods came from Gaia (the earth) and Uranos (the sky). They also believed that they argued, fell in love, and went to parties, just like an adult human. (Barrow, 2013) Greek mythology emphasized how natureRead More Greek Goddesses Essay1145 Words   |  5 Pages The Greek Goddesses In Greek mythology the gods and goddesses of Mount Olympus played a major role in everyday life. The Greeks respected them and thought of the gods as all mighty. In Ancient Greece the people honored and believe in the deities. Myths, poems, and epics tell the stories and beliefs referring to the gods and goddesses. Many literary works display the power and jobs of the goddesses. The Greek people lived to please the deities in hope of gaining a better lifestyle. TheRead MoreAncient Egypt : Religion And Religion1374 Words   |  6 Pagesshared values. Aspects of Egyptian life like law and art were connected with religion. Gods were represented with many things in nature like animals. Religion and life were very combined. Many aspects of Egyptian culture and civilization are connected with religion. Nature aspects like the sun and river is answered with what the gods do in mythology. Ancient Egypt had an organized system with beliefs about the supernatural, belief was an polytheistic one, and part of the culture and lives of peopleRead MoreDifferences Of Athena And Minerva801 Words   |  4 PagesIn both Greek and Roman civilizations, mythology played an important part in their empire’s success. Both of these civilizations were polytheistic religions. Likewise, they had major and minor gods and goddesses as part of their religion as well. However, since the Roman Empire conquered many cultures in cluding the Greeks, their gods blended with many similarities with the gods that the Ancient Greeks worshipped. One goddess that is very similar in both Greek and Roman mythology is Athena (Greek)Read MoreAnalysis Of The Odyssey And Oedipus The King 999 Words   |  4 PagesJohnathan Kennedy World Literature 212-WID3 Monday Wednesday 8:30pm-9:45pm Professor Thomas Carlisle Midterm Essay March 9, 2016 As in a large portion of Greek writing and the way of life of antiquated Greece, the move of the divine beings here as the higher force accepted to be in control of human predetermination. The antiquated Greeks trusted the divine beings controlled everything, from seasons and climate, to success and neediness. So we can undoubtedly acknowledge thatRead MoreAncient Egypt And Ancient Egyptian Civilization865 Words   |  4 Pagesancient Egyptian worshipped many gods and goddesses. Gods were worshipped in temples run by priests. Only on occasions was the god brought out and shown to the public. Small domestic statues were used by normal Egyptians to worship the gods and goddesses in their own homes. The afterlife seems to have been intimately connected to the preservation of the physical body by mummification. Ancient Egypt’s economy was based on agriculture. The great majority of the people were peasant farmers. Because of theRead MoreWomen s Belief Of Huma n Bodies1360 Words   |  6 PagesIn ancient Greek societies, women were largely restricted due to the ancient Greek’s belief of human bodies. Even though men and women were physically different and Greek societies were male-dominant, women had an important part to play in religion. Ancient Greek religious practices varied between men and women. Overall, ancient Greek religion was based on a give-and-take mindset in which the Greeks believed that they would receive protection from Gods and Goddesses if they worship and sacrifice forRead MoreWomen And Roman Religion And Its Impact On Society Essay1701 Words   |  7 Pages but for the most part they have kept the same values held high. Women and their impact on Greek and Roman religion is what shaped these regions to flourish and is what held the empires together through all war and turmoil that came their way. As history has shown, life cannot be sustained without a female presence. Religion of this time took that into consideration as women were the center of worship and ensured that proper rituals and ceremonies were upheld to please the gods. In both Greek andRead MoreThe Significance Of The Statue Of Khafre1621 Words   |  7 Pages Envision a world where the single purpose in life was to obey the gods who indirectly controlled people through your king. Rituals, duties, and praising were all part of a manifest to pass the tests of the Underworld to achieve eternal life after death. While this may seem like a radical lifestyle to us, this was how the real world was for the civilians during the Ancient Egyptian times. To truly express their fondness and devotion to the gods, people constructed works of art to represent this;

Separation of Powers Free Essays

The functions of the government are vast and varied. It is necessary to entrust these functions to specific organs, so that the responsibility for performing these functions may be effectively fixed. The division of governmental power under any constitutions may be of two kinds; the functional division such as legislative, executive and judicial and the territorial division of federalism. We will write a custom essay sample on Separation of Powers or any similar topic only for you Order Now Thus structurally considered government consists of three branches having for their functions (i) legislation or law meaning (ii) their execution or administration and (iii) interpretation of these laws. The three branches to which these functions belong are known as the Legislature, the Executive and the Judiciary respectively. Political liberty in a state is possible when restraints are imposed on the exercise of these powers. The functions of the government should be differentiated and assigned to separate organs to limit each section to its own sphere of action. So that these organs independently interact between themselves. This is what is known as the theory of separation of powers. Montesquieu, the celebrated French Scholar asserted that concentrated power is dangerous and leads to despotism of government. As a check against this danger he suggested to separate the functions of executive, legislature and the judiciary so that one may operate as a balance against the other. However Montesquieu was not the first scholar to develop the theory of separations of powers. Its origin can be traced back to Aristotle, the father of Political Science. Of course he did not discuss the issue in great details. He only analysed the functions of the three branches of government, the deliberative, executive and the judiciary without suggesting their separation. Besides many other philosophers at a later stage from thirteenth century onwards gave some attention to the theory of separation of powers. Jean Bodiri one of the earliest thinkers of the modern period sees the importance of separating the executive and judicial powers. But actually it acquired greater significance in eighteenth century. John Locke was one of the eighteenth century philosophers to pay greater attention to the problems of concentration of governmental power. He argued that the executive and legislative powers should be separate for the sake of liberty. Liberty suffers when the same human being makes the law and executed them. The Theory : Montesquieu, the noted political philosopher of France is regarded as the chief architect of the principles of Separation of powers. He in his book â€Å"The Spirit of Laws† published in 1748 gave the classic exposition of the idea of separation of powers. During his days the Bouborne monarchy in France had established despotism and the people enjoyed no freedom. The monarch was the chief law giver, executor and the adjudicator. The statement by Louis XIV that ‘I am the state’ outlined the character and nature of monarchial authority. Montesquieu, a great advocate of human dignity, developed the theory of separation of powers as a weapon to uphold the liberty of the people. He believed that the application of this theory would prevent the overgrowth of a particular organ which spells danger for political liberty. According to him every man entrusted with some power is bound to misuse it. When the executive and the legislative powers are given to the same person there can be no liberty. Because it is apprehended that the same person may enact oppressive laws to execute them whimsically. Again there is no liberty, if the judicial power is not separated from the legislature and executive. If the judicial and legislative powers are exercised jointly the life and liberty of the subjects could be exposed to arbitrary control; for the judge could then be the legislator. If it joined to the executive power the judges might behave with violence and oppression. If the same person or body of persons exercise these three powers that of enacting laws, executing them and of trying the cases of individuals, he maintained, that could spell the doom of the whole system of governance. In simple words Montesquieu’s view is that concentration of legislative, executive and judicial functions either in one single person or a body of persons results in abuse of authority and such an organisation becomes tyrannical. He argued that the three organs of government should be so organized that each should be entrusted to different persons and each should perform distinct functions within the sphere of power assigned to it. Disadvantages : Government is an organic unity. The various parts are closely interwoven. Therefore absolute separation of powers is both impossible and undesirable. In every modern government the executive has some kind of law making power to fill the gaps in the structure. Finer observes that rule making is no more or less than secondary legislation. The legislature in almost every country has to perform some judicial function by way of trying of impeachments. Maclver feels that this theory of separation of powers leads to isolation and disharmony. The various branches of the government tend to exhibit a sense of understanding and cooperation to achieve its end when they work together. But when they are separated to carry on exclusive work of their branch they become arrogant and refuse to work with other branches of government. This gives rise to lot of administrative complications. Every branch suffers from the vice of exclusiveness leading to loss of cooperation and harmony producing inefficiency of the government. The theory of separation of powers which upholds the system of checks and balances for the sake of equality of powers is based an wrong assumptions. It is not possible to accept the view that all organs of government mutually check each other. The theory also makes the mistakes in assuming that all the three branches of government are equally powerful. But precisely this is not the case. With the growth of positive states the legislature has been reduced to a subordinate position paving way for the executive supremacy which largely restricts and regulates the former. ‘Finally, the relationship between public liberty and separation of powers is not very significant. Liberty of the individuals largely depends on the psyche of the people, their outlook, the existing institutions, traditions, customs and political consciousness. The people of Great Britain are not less free than that of U. S. A. because there is less separation of powers in the former. Yet however the theory of separation of powers is not altogether without any significance. The complexity of modern society and the accepted concepts of a welfare a state demand more and more action and service on the part of the government. The crux of the problem of modern government is to find a synthesis combining the answer to two needs, the need for the welfare of the state and the need for freedom for the people. The welfare state assumes concentration of power on the executive level and consequently supremacy of the executive over the legislative branch. Of course it becomes alarming unless controlling and balancing devices are properly developed to keep pace with the ever changing face of the executive power. The doctrine of separation of powers from that point of view because more important today that perhaps any other time. Points to Remember Montesquieu developed the theory of separation of powers. He pointed out that the legislative, executive and judicial powers of government should be vested in three separate organs. They should not be concentrated in the hands of one man or a group of men. Advantages ) Separation of powers according to Montesquieu is the best guaran ­tee of the liberty of people. ii) Separation of power promotes efficiency in the administration. Criticism i) Complete separation of powers is neither possible nor desirable. ii) Separation of powers is likely to lead to inefficiency in adminis ­tration. iii) The theory is based on the supposition that all the three organs of the government are equality impor tant, but in reality it is not so. iv) Liberty of the people largely depends more on factors like their psyche, political culture, consciousness, and institutions than separa ­tion of powers this is sept of power How to cite Separation of Powers, Papers Separation of Powers Free Essays â€Å"The ‘separation of powers’ is incomplete within the current unwritten UK constitution. † The ‘separation of powers’ is doctrine of the UK constitution first termed by Montesquieu, a French political philosopher, in his 1748 book De l’esprit des lois (The Spirit of the Laws) he argues that there are three bodies of government – the executive, legislature and judiciary – which each have a discrete area of power with clear functions that no other body can imitate: this is true ‘separation of powers’. The purpose of which is to limit state power so that no element has an abuse of power hence protecting civil liberties. We will write a custom essay sample on Separation of Powers or any similar topic only for you Order Now By Montesquieu’s definition, the separation of powers is incomplete as there is clear overlap between the different branches of government, notably the legislative and executive. Contrastingly, the revisionist definition of the separation of powers as, remarked by Lord Bingham, claims that while the doctrine of the separation of powers is weak by the terms of the classic characterisation, â€Å"the separation between the exercise of judicial powers on the one hand and legislative and executive powers on the other is total or effectively so† This convincing revaluation of the separation of powers principle indicates that under the new â€Å"partial† definition, the separation of powers is a clear, complete doctrine in the UK unwritten constitution. By Montesquieu’s characterisation, the separation of powers is incomplete within the current constitution as argued by Bagehot. In The English Constitution, Bagehot asserts that there is a â€Å"close union, nearly complete fusion of the executive and the legislative powers† and claims the Cabinet act as the connecting link by which he defines as â€Å"a committee of the legislative body selected to be the executive body†. This violates a pivotal principle of the separation of powers doctrine, as stated by Vile, that the persons who compose these three agencies of government must be kept separate and distinct. Thus showing the separation of powers is incomplete within the UK constitution. Furthermore, the overlap of the legislative and executive is shown in the fact that government ministers are drawn from either of the Houses of Parliament; Also, up to 2005, the Lord Chancellor held a position in all 3 branches of government: a Cabinet Minister, a member of the House of Lords and head of the Judiciary. These instances violate a key principle of the ‘true’ separation of powers: that no individual can be a member of more than one branch. Furthermore, Courts legislate in the sense that they evelop principles of the Common Law thus undertaking the functions of both the judicial and legislative branch. This serves as evidence that, in accordance with Montesquieu’s belief, the separation of powers is incomplete within the UK constitution. However, the government has introduced legislation in order to limit the overlap between the different branches of government. In order to prevent the executive branch dominating Parliament the House of Commons Disqualification Act, 1975 limits the number of ministers who sit in the House of Commons to 95 persons. This restricts the influence of the executive branch on the legislative process thus further separating the roles of each branch. Also, the Constitutional Reform Act reduced the powers of the Lord Chancellor which was frequently criticised as violating the doctrine of separation of powers, as well as the European Convention of Human Rights, by exercising executive, judicial and parliamentary functions. The Act ended the Lord Chancellors role as Head of the Judiciary with the creation of a new position: the Lord Chief Justice; the Act also severed the direct link between the Lord Chancellor and the speaker of the House of Lords. This indicates a shift towards a more distinct separation of powers in line with the view of Montesquieu thus completing the doctrine within the UK constitution. It is possible to assert that in the UK constitution, it is impossible to have a complete separation of powers because if each branch regulated its own actions, it could potentially lead to an abuse of power and thereby could lead to the violation of the rights and liberties of the public. This has led to the development of a system of checks and balances whereby each branch can monitor the actions of the other branches while still being confined to their specified parameters of power. For example, the judiciary act as a check on the Government by hearing challenges to executive decisions in judicial review cases by which the claimant feels the decisions made by the government are unreasonable or indicate an abuse of power. Judges can also consider whether the Government, or Parliament, has acted in a manner compatible with the European Convention on Human Rights. For example, in Equal Opportunities Commission v Secretary of State for Trade and Industry [2007], the Equal Opportunities Commission claimed that the Government failed to comply with its obligation to implement Directive 76/207/EEC (the Equal Treatment Directive of the European Union) when attempting to amend the Sex Discrimination Act 1975, a claim which was upheld by the High Court. The system of checks and balances is an integral part of the ‘partial’ separation of powers as it limits the amount of power possessed by each branch to ensure there is no dominant faction however still potentially infringes on another bodies role thus defying Montesquieu’s concept. On the other hand however, in the Federalist Paper 47, Madison argues that Montesquieu â€Å"did not mean that these departments ought to have no partial agency in, or no control over, the acts of each other,† thus upholding the view that the separation of powers is complete within the UK constitution due to the operation of the checks and balances system. The checks and balances system also emphasises that judicial independence plays a pivotal role in the separation of powers in the UK constitution. Bagehot claims there is a near fusion of the legislative and executive branch therefore, it is essential that there is a check on the power exercised by these branches. The judiciary can effectively act as a check on the powers of the executive due to the Constitutional Reform Act 2010 which established a new Judicial Appointments Commission which ended the Lord Chancellor’s position as head of the judiciary and his power to appoint judges. Also, the creation of the UK Supreme Court assumed the power of the Appellate Committee of the House of Lords thus severing the connection between the judicial and legislative branches and indicating a shift towards a more independent judiciary. According to Lord Steyn, the constitutional principle of judicial independence within the doctrine of the separation of powers exists to prevent the rise of arbitrary executive power which, under the UK constitution, this system is total and effectively so. This statement supports the views of Lord Bingham as stated previously, which thus shows that though the English Constitution does not reflect the pure form of the separation of powers, it exists in a partial form whereby there is a clear separation between the judicial branch and the legislative and executive branches. To conclude, the conflicting definitions of the ‘separation of powers’ makes it difficult to evaluate the extent to which it is present in the UK constitution. If considering Montesquieu’s pure definition it is clear that the separation of powers is incomplete within the constitution, especially between the executive and legislative branches of government as supported by the arguments of Bagehot. However, considering the ‘partial’ doctrine, it is possible to assert that the separation of powers is very evident in the constitution especially considering the independence of the judiciary. Bibliography Bagehot, W (1873). The English Constitution. London: Chapman Hall. p48 Constitutional Reform Act 2005 [2005] s 2 De Secondat, Charles. Of the Laws Which Establish Political Liberty, with Regard to the Constitution. † In The Spirit of the Laws, Book XI. 1748. Accessed November 14,  2012. Director of Public Prosecutions of Jamaica v Mollison [2003] UKPC 6; [2003] 2 AC 411 at [13]. Elliott, Mark, and Robert Thomas. â€Å"The Constitution – Institutions and Principles. † Public law. Oxford: Oxford Universit y Press, 2011. p98. Equal Opportunities Commission v Secretary of State for Trade and Industry. Queen’s Bench Division (Administrative Court). 12 March 2007. Westlaw. [online]. Accessed 16 Nov. 2012. House of Commons Disqualification Act [1975] s 24(2)(1) Madison, J. (1788). The Particular Structure of the New Government and the Distribution of Power Among Its Different Parts. Federalist Papers. 47 Parpworth, Neil. â€Å"Separation of Powers. † Constitutional and administrative law. 7th ed. Oxford: Oxford University Press, 2012. p29. Vile, MJC (1998). Constitutionalism and the Separation of Powers. 2nd ed. Indianapolis: Liberty Fund. p14. ——————————————– [ 1 ]. De Secondat, Charles. â€Å"Of the Laws Which Establish Political Liberty, with Regard to the Constitution. In The Spirit of the Laws, Book XI. 1748. Accessed November 14,  2012. [ 2 ]. Director of Public Prosecutions of Jamaica v Mollison [2003] UKPC 6; [2003] 2 AC 411 at [13]. [ 3 ]. Bagehot, W (1873). The English Constitution. London: Chapman Hall. p48 [ 4 ]. Vile, MJC (1998). Constitutionalism and the Sep aration of Powers. 2nd ed. Indianapolis: Liberty Fund. p14. [ 5 ]. House of Commons Disqualification Act [1975] s 24(2)(1) [ 6 ]. Constitutional Reform Act 2005 [2005] s 2 [ 7 ]. Equal Opportunities Commission v Secretary of State for Trade and Industry. Queen’s Bench Division (Administrative Court). 12 March 2007. Westlaw. [online]. Accessed 16 Nov. 2012. [ 8 ]. Madison, J. (1788). The Particular Structure of the New Government and the Distribution of Power Among Its Different Parts. Federalist Papers. 47 [ 9 ]. Elliott, Mark, and Robert Thomas. â€Å"The Constitution – Institutions and Principles. † Public law. Oxford: Oxford University Press, 2011. p98. [ 10 ]. Constitutional Reform Act 2005 [2005] s 2 [ 11 ]. Parpworth, Neil. â€Å"Separation of Powers. † Constitutional and administrative law. 7th ed. Oxford: Oxford University Press, 2012. p29. How to cite Separation of Powers, Essay examples

Silver free essay sample

Tokugawa Japan and Spanish colonial America led the world in silver production from 1500 to 1750. The primary flow of silver was from Japan to China and from the Americas to Europe. The documents explain the negative, bias and positive economic effects of the global flow of silver from the mid-sixteenth century to the early eighteenth century. Documents 2, 5 and 3 all deal with the negative effects of the silver flow. Antonio Vazquez de Espinosa, a Spanish priest, states that more than 3,000 Indians worked away hard with picks and hammers â€Å"poor fellows† loaded down with ore and according to royal records 326,000,000 silver coins have been taken out of his range. The priest probably said this because of his religious beliefs, he sees the hard work Indians go through to get large quantities of silver that have been taken out and he hates it. Wang Xijue from document 3, a Ming dynasty court official, The respected elders of Wang’s home district explained that the reasons why grain is cheap despite poor harvest in recent years is due entirely to the scarcity of silver coin, and as the grain prices fall less land is put into cultivation. We will write a custom essay sample on Silver or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page The court official is against silver trade because the people of his home district are also against it since there will be less land to put in cultivation which means less grain production resulting in less money. Document 5 states the changes and difficulties that silver coins brought to the dye shops and customers. In the past the shops would sell cloth dyed in exchange for rice, wheat, or even chickens but since silver became popular the customer received a bill that was paid with silver obtained from a moneylender which caused greater difficulty in buying cloth. Documents 8 and 2 seem to be bias about the wealth and profit that is made by silver. Tomas de Mercado from document 2, a Spanish scholar, states that high prices have ruined Spain as the prices attracted Asian commodities and the silver currency flowed out to pay for them. By saying this he shows that raising prices ruined the economy but it’s good because later they didn’t have to pay for Asian commodities. Document 8 explains that East Indies have been in dyed cotton cloth, silks, and other goods are for our own use but a much greater part, in times of peace. Both documents show favor in both sides. Documents 1, 4 and 7 are in favor of the silver trade and explain the great advantages it has. Ralph Fitch, a British merchant from document 4 describes the goods the Portuguese carry when the go from Macao to Japan and states that the Portuguese use this silver to their great advantage in china. Ralph Fitch is a merchant, he makes a living off of trading, and this explains why he would be in favor of trading silver since it can be exchanged for numerous amounts of valuable items. He Qiaoyuan, a Ming dynasty court official reports to the emperor on the possibility of repealing forging trade. He can see that the Spanish have â€Å"silver mountains† and that they can make huge profit on Chinese silk yarn. The court official is in favor of slave trade because he is aware of the profit it can bring to the Ming dynasty. An additional document of an Indian mine worker would have been helpful to analyze the effects of the silver bullion in this period. Indian workers were necessary for the successful flow of silver, by having their point of view the effects would be seen more equally since they were the ones who were exploited to get these huge amounts of silver.