Life - 1486 Words

Case Study on tort of Defamation (Relevant to AAT Examination Paper 6: Fundamentals of Business Law) Alfred Chan, Solicitor There has been an increase in the number of defamation cases which have gone to court. In the two scenarios cases that follow, both of which are taken from recent court cases, we can see examples of legal issues in defamation and how one can approach them. Hopefully this will improve your technique in answering problem-solving type questions. First to refresh your memory, in defamation: 1. The plaintiff has to prove a. the statement is defamatory and it refers to him b. there is publication of the statement c. whether there should be special damages for slander. 2 The defendant can defend by showing the statement†¦show more content†¦You will have to explain further in your script. Has there been any malice? The rationale behind qualified privilege is that there are circumstances when there is a need, in the public interest, for a particular recipient to receive frank and uninhibited communication of particular information from a particular source. If a person’s dominant motive is not to perform this duty or protect this interest, he is outside the ambit of that defence. He can however show to the court he genuinely believes (even if stubbornly) what he uttered. This would impact on what the court thinks his dominant motive was. So you can see this is not an open and shut case as it first appears. You should form a view to the outcome and justify it by sufficient explanation. (Note: in the fair comment defence there is a similar but not identical concept of malice.) ************************* -2- CASE 2 Defame Daily is a newspaper with a wide circulation. One day it ran a front page story ‘Solicitor feared to have absconded with clients’ funds’. There was also a photo of the front of an office bearing the name ‘Money Ho Co’ next to the story. The newspaper published the article based on information given by a caller to its hotline but it did not verify the facts. Later it found it had made a mistake and immediately published an apology. The sole proprietor of the firm Money Ho was pregnant during this period. She was depressed and this led to a pre-term delivery.Show MoreRelatedA Puzzle Of Life And Our World Life Essay1119 Words   |  5 PagesA Puzzle of Life Time has a way to teach us the moment where our two different perspectives of life- spiritual life and our world life, contradicts each other. As an American author of science fiction, RAY CUMMINGS, said, Time is what keeps everything from happening at once. After time gives us the chance of getting to know our spiritual life, it is mostly seen that our world life contradicts with it. The night was freighting and rainy. The deep, rumbling noise that was heard in the sky duringRead MoreLife Is A Matter Of Life1464 Words   |  6 PagesThe concept of life itself is quite simple. Biologically the purpose of life is far less open to interpretation, remaining in the general area of keep living and reproduce so to keep life going. However, it is when people try to add significance and value to life that things become convoluted. Why is that? Because one may say that the value of life is one thing, then another may say something else. But which one is right? Both and neither—to put it simply. In that there is neither a wrong nor rightRead MoreTheodore Roethke s Life And Life936 Words   |  4 Pagesowned a local greenhouse, where Roethke spent a lot of his childhood days working and playing. He referred to the greenhouse as â€Å"my symbol for the whole of life, a womb, a heaven-on-earth† ( ). The greenhouse played a huge role in his poetry. Roethk e implies that only after death of the self can people come to realize the true purpose of life, love. Roethke always had stored in the back of his mind â€Å"the idea that personal selves were not the focus of time on earth†( ). Therefore, peopleRead MoreLife and Death1191 Words   |  5 Pagesman and his girlfriend, Jig, who have a disagreement in the train station on the subject of whether to keep the unborn child or to abort. However, the author uses binary opposition of life and death to portray the polemic argument a couple encounters regarding abortion. As a symbol for the binary opposition of life and death, he represents the couple’s expressions, feelings, and the description of nature. One can analyze the story of â€Å"Hills Like White Elephants,† in the form of the structuralistRead MoreChallenges of Life735 Words   |  3 PagesChallenge is an inevitable fate in human’s life. People often find themselves in challenges of different magnitude unexpectedly. Challenges can be as easy as waking up early in the morning to a situation that could put one’s life in jeopardy. People always have a yearning to advance themselves in whatever things they want to pursue in life, but nothing in this world seems to be achievable without some sort of challenge on the way. Although people these days tend to perceive the negative influenceRead MorePlato s Theory Of Life And Life Essay1786 Words   |  8 Pagesis able to compare this thought of opposites onto his idea of what soul and life are. He argues that in order for the soul to continue on living, it will never bring death onto it because it is the opposite of living (Phaedo, 105d-e). So then, Plato is n ow able to prove that the soul is immortal. So to summarize this construct, Plato originally points out that since death is the opposite of life and soul always brings life, then there is no room for death to be apart of the soul. Therefore, the soulRead MoreMotivation Is Life514 Words   |  2 PagesMotivation is continuity for life. While there are many difficulties in life they can be overcome. Motivation is our value of life. There is not a single person with ought the ability to motivated, unless they are dead. Moving on in life is easier with motivation. In an article by Chris Jones Roger Ebert fought through cancer and had motivation to live. â€Å"That is true no matter what our problems, our health, our circumstances. We must try†. (Jones 34) Roger Ebert was a fighter of cancer who wasRead MoreMy Life As A Healthy Life915 Words   |  4 Pagesfor work. When life is getting a little out of hand, or things aren’t exactly going the way we want, what is usually the answer? Well, for those who have been blessed with the mentality that everything will work out if it is meant to, just sitting back is the answer. For those of us that have the oh so joyful type A personality, the answer to these problems usually involves a list, some stress eating, and a whole lot of goals. While this may work in some areas, living a healthy life is a problem thatRead MoreEternal Life2633 Words   |  11 Pagesto avoid it. For as well all know, life is short but death is forever. So since th e beginning of time, we have done whatever we can to avoid this enemy, this plague and our ultimate plight, which all of humanity must face, death.. Throughout history mankind had been trying to â€Å"cheat† death. Either by making deals with the devil for eternal life, deals with God for the same, seeking the fountain of youth, developing new technologies to extend human life, exercise, diet, medication, you nameRead MoreLessons of Life Essay632 Words   |  3 PagesAll through life, we experience various occasions when decision-making become necessary. A number of them present themselves in difficult forms and at crucial points. Most of the verdict we take will eventually figure and describe our track of lives. These are what we refer to as lessons of life. Choices never present themselves in an easy way. In some instance we are always forced to pay a price to achieve something. This implies that we are trading for an outcome we are seeking. Period, actions

Fear over Love in 1984 - 882 Words

Fear Over Love Discipline, control, and authority are required for a government to thrive and in order to obtain these attributes it’s important to instill fear into the citizens. In 1984, a dystopian novel by George Orwell, the inner party has absolute control over the society and they use the fear of punishment to manipulate their people. As the novel progresses, Winston, the main character, starts to rebel, but because of the control and power that the party has obtained, they are able to transform his rebellious act, by using his biggest fear against him. Mahatma Gandhi states that, â€Å"Power based on love is a thousand times more affective and permanent than one derived from fear.† Gandhi’s quote contradicts the primary source of†¦show more content†¦Love cannot be as effective as fear of punishment, but it can be more legitimate. From a young age, the children of the society were taught to be loyal and taught to love the party, which becomes the norm of the so ciety. They do not teach them out of fear, but through what is orthodox. Children’s love towards the party reaches to an extent to where they are used as surveillance over their own parents. Parsons states, â€Å"’’Down with Big Brother!’ Yes, I said that! Said it over and over again, it seems†¦It was my little daughter†¦she listened at the keyhole. Heard what I was saying, and nipped off to the patrols the very next day† (233). Her love for the party is strong to an extent to where she reports her own father, not from fear of being punished but by her love towards the party. Parsons daughter knows the law has to be obeyed. In addition to that Parsons isn’t mad, rather he knows it was the right move to do in terms of the party’s obligations. Parsons love towards the party blinded him from what was humanely right, but he wants the party to prosper despite the punishment he was to receive. In addition, throughout the novel, th e party experiences success due to the fear instilled within the people resulting in the progress of the party. Ultimately in 1984, fear destroys love, as evidenced by Winston’s betrayal of his lover, Julia. The betrayal occurs when Winston is being tortured with rats, he saw, â€Å"the wire door was a couple of hand spans from hisShow MoreRelatedThe Brave New World, By Aldous Huxley And 1984 By George Orwell1680 Words   |  7 Pagessocieties of Brave New World by Aldous Huxley and 1984 by George Orwell. He suggests that â€Å"Orwell feared that what we hate will ruin us. Huxley feared that what we love will ruin us† (Postman). The Party of 1984 maintained control of the people by keeping them under constant surveillance, whereas the government of Brave New World kept the citizens so happy, they never felt threatened enough to put up a fight. Both Brave New World and 1984 multiple methods of fear manipulation to control and restrict theRead MoreSummary Of George Or well s Brave New World 1537 Words   |  7 PagesComplete Government Exploitation of Love The novels, 1984 by George Orwell and Brave New World by Aldous Huxley both showcases how the futuristic totalitarian governments take complete control of their societies. In 1984, the government does it by putting fear of Big Brother and the party into the people. Whereas in Brave New World, they control them by having people take soma, a drug which does not allow people to feel emotions or really anything. The views on love are similar but yet differ betweenRead MoreComparison Essay Between 1984 and Bnw1285 Words   |  6 Pagesexercised, even utopias can very easily become dystopias, such as in George Orwells 1984. Therefore, what one views as a dystopia, another could easily see as a utopia, and vice versa. Huxleys Brave New World and Orwells 1984 are in many ways, very similar. Both novels incorporate class of people who only exist on the outside edge of the society, which the authors use to compare between societies which they believe we fear and what they believe is the ‘better society. Thus, the proles and savagesRead MoreA Look into Totalitarianism In 1984 by George Orwell1600 Words   |  6 Pagesnovel 1984, George Orwell portrays a world that has been altered to a state of political control. The lives and thoughts of a population are controlled by the government in 1984. It is impossible to successfully rebel against this type of totalitarian society because of the many scare tactics that rebels have to bear. George Orwell uses 1984 to criticize the devastating effects of totalitarianism, and the dystopia of his scary visions for the future. Within the totalitarian society is fear, rigidRead MoreGattaca and 1984 Insight968 Words   |  4 PagesStephanie Sadaka Mr. Sisti April 26th, 2010 ENG 4U1 Literary Insight Paper After reading the novel 1984 and watching the movie Gattaca, I was able to perceive many concepts and similarities and differences between both pieces of art. Gattaca, directed by Andrew Niccol, shows a story of a society where life is controlled by genetics, rather than education or experiences. Based on your DNA, society determines where you belong, and your future. This allows no room for people to gain experiencesRead MoreOne Flew Over The Cuckoos Nest And 1984 Critical Analysis1216 Words   |  5 PagesThe two texts studied, 1984 and One Flew Over the Cuckoos Nest, both teach the viewer essential lessons about the importance of freedom and the dangers of despotism. They do this by showing the viewer how awful life is in the absence of freedom, the constant abuse of power by authoritarian forces, and the elimination of love. The film 1984, directed by Michael Radford, is based on the highly acclaimed novel, 1984, written by George Orwell. The film follows the life of a man calle d Winston livingRead MoreThe novels 1984 by Greoge Orwells and Brave New World by Aldous Huxley1459 Words   |  6 PagesThe need for power and control is the main focus of every government in this world. The novels 1984 and Brave New World show the us how power can go to the leaders heads. The theme of social class is always a main factor and it also determines the future of the people we read about in the novels. Both countries in the novels are ran a certain way, one by fear and the other by love. The technology of both worlds are incredible and decide the future of the citizens in the societies. The theme of everythingRead MoreTheme of Fear in George Orwells Novels Essay1560 Words   |  7 PagesFear within the ignorant animals of Animal Farm and defeated humans of 1984 exist to uphold each novel’s totalitarian government. Each of these George Orwell novels delve into the power and manipulation of an absolute dictatorship. Napoleon in Animal Farm and Big Brother in 1984 both claim the newly established system of authority is of superior quality than the preceding regime. Apprehension is due to both fictional and realistic threats, twisted for the government’s power-hungry use. Feelings ofRead MoreThe Use Of Surveillance As A Mechanism Of Control1616 Words   |  7 Pagesstrong sense of fear and anxiety. There are various methods from which government agents can monitor a group of people. In the novel, 1984 by George Orwell, these methods and theories are depicted very well. These methods include, the use of Telescreens (similar to CCTV), spying organizations including undercover police, and a psychological mechanism of anxiety, called the â€Å"Panopticon Effect†. George Orwell s- 1984, is not a prediction of how he thought that we would live in 1984, but is a warningRead MoreAnalysis Of The Novel 1984 By George Orwell1289 Words   |  6 PagesThe novel â€Å"1984† by George Orwell explores the meaning of humanity and the tactics that a totalitarian government may use to strip humanity from the people in order to maintain power. The main character Winston strives to preserve his humanity throughout the novel in his ability to think freely. The government tries to control its constituent’s thoughts, through tactics of propaganda, regulation, telescreen monitors, the thought police, and five ministries. These tactics are to control the constituent

Law and Language Free Essays

string(97) " and unless one doesn’t have the knowledge of the legal jargon used, they can`t comprehend it\." One can`t deny that the interplay between our daily lives and law is pivotal to our existence. Even when we are breathing, Article 21 of our constitution protects us. When we buy some product from a shop, taxes imposed under various laws play a role in determining the cost of that product. We will write a custom essay sample on Law and Language or any similar topic only for you Order Now These are just few of the various examples that we encounter in our daily life which exhibit the role of law in our everyday lives. But to know what the law is and to understand it, so that we can act accordingly, one needs to have some command over the language. Even in common law countries where we witness unwritten laws, precedents have cardinal place. And to use those precedents appropriately we need to understand the judgments. Also, judges need to use the right words at the right time to convey the real purpose of the precedent. Law and language are inter-related for even language operates on certain laws. We have various rules and laws of grammar, which if broken, would take away the essence of the language. I always had a few questions regarding this topic lingering in my mind. Why is legal language so complicated? How do lawyers twist it according to their advantage? How easy judges find it to interpret the legal jargon? Is there even a need for legalese? How has the language, the law is written in, affected the awareness among people? There are more questions that I await an answer for and this project has given me a great opportunity to look for those answers THE INTERVIEW For the same purpose I interviewed Sri V. Srinivasa Sivaram, Administrative Officer, Andhra Pradesh State Legal Services Authority. â€Å"The National Legal Services Authority (NALSA) has been constituted under the Legal Services Authorities Act, 1987 to provide free Legal Services to the weaker sections of the society and to organize Lok Adalats for amicable settlement of disputes. In every State, State Legal Services Authority has been constituted to give effect to the policies and directions of the NALSA and to give free legal services to the people and conduct Lok Adalats in the State.. † With his experience and connect to the local people, I felt he would be able to answers my questions. I thank him for giving his valuable time for me. Here is an excerpt of the interview Q. Sir, you are associated with Andhra Pradesh Legal Services Authority, and many financially distressed people who can’t afford a lawyer approach you for help. What level of legal awareness do you find amongst these people about their rights and duties especially when the laws and statutes are written in English? A. Since I`m working with the legal service authority for past some time, one thing that I find is that people don’t come to us because they have some right or a duty. They come to us because they have a problem. It may be related to law or may not be related to law. 90% of the times, we have to find out what the law is with respect to their problem. The people approaching us are not aware if a law can help them and if so, which law. They are aware that if they have a problem and they are approaching legal service authority, then we will help them. Many a times I have spoken to people and asked them â€Å"How did you come to know of legal service? † The most common reply is sir, we have been told or we heard it on TV or Radio. After they approach us, we have to find the remedy for them and most importantly look if that remedy is within the four corners of law. They are not aware of the law in that respect. They just have a problem in hand and they come to us, looking for remedy, and asking whether law can help them or not. Q. For many disputes, the local people first approach the district court and then may appeal in higher courts. Do the district courts work in the local language or in English? What is your opinion regarding this. A. With respect to this question, I would like to tell you that both local languages and English are used. If a person is illiterate or he doesn’t understand English well, especially when you have to conduct a trial, when you ask during chief examination or during cross examination, the local language is the best thing Q. Do the courts give the judgment i. e. s the written judgment in regional language or is the usage of regional language restricted for oral purposes only? A. For the time being, it is totally in English. But the judges are not stopped from using the regional language. For example, one of friends has given a couple of judgments in Telugu also. But doing so is very difficult. The hindrances that they encounter are numerous. When they have to rewrite a c ase law or quote a case from Supreme Court it becomes virtually very difficult to quote it in Telugu.. We also have latin maxims that would be adding to this difficulty. You are right. We cannot quote them in regional language. We may not pass on the meaning properly. If you quote Evidence Act in Hindi or Telugu, I tell you, it will be a nightmare! Although we are very proficient in Hindi and Telugu, on trying to do so, we couldn’t succeed. Try converting a judgment by Hon`ble Judge Krishna Iyer into your local language or Telugu, it will be a disaster! Even people who are conversant in English find it difficult to understand his judgment. The language is highly complex, full with rhetoric. Many Supreme Court judgments are in such a way that a common man can`t understand it. This also applies to people who are well familiar with English. Until and unless one doesn’t have the knowledge of the legal jargon used, they can`t comprehend it. You read "Law and Language" in category "Law" Q. The laws are basically for the people. But with the complicated language they are written in, a person finds it very difficult to read through them. Do you think there is a need to simplify legal language? A. It is high time that the legal language is simplified. One thing that we see is, for a simple word example may or shall, battles are fought in court. The Supreme Court may end up saying ‘may’ is not ‘may’, it is ‘shall’ and ‘shall’ is ‘may’! Because the interpretation of such basic words takes place in different ways, a common man can`t understand it. Yes Sir, I do remember a case ‘State Of Madhya Pradesh vs Azad Bharat Finance Co’. Here under an Act, although the District court interpreted the use of word ‘shall’ as obligatory, the Supreme Court interpreted it as â€Å" The word ‘shall’ is not always mandatory; it depends upon the context in which the word occurs and the other circumstances. † Yes. We have many other examples. Few years back when a question arose if a written statement has to be filed within 90 days of the amended CPC, it was said that NO although the word used is shall. If this is the fate of the people who know law, then imagine the plight of the common man. Q. I agree with you sir. But if the legal language is simplified, doesn’t it leaves some loopholes that maybe misused by many? A. Look, even now it is happening. You write one line and the lawyers are bound to pick up loop holes in that one line also. This is so, because we have been taught to do that! Every lawyer tries to use the words according to his own convenience and the benefit of his client. Q. What approach do you adopt while interpretation of any law. Is it a positivist approach strictly based on the language and the words used or you try to look into the history and spirit of the law? A. I prefer to go by the spirit of the law. We don’t have access to the constitutional debates. In lower courts, when we have to go about finding what is the meaning and the spirit of the law, unless you see the original framework of the law, you don’t know why it was written. I do remember the case of ‘Baljeet Singh vs Election Commission Of India And .. ’ Here the petitioner argued that a member of parliament takes an oath to ‘make and subscribe’ to the constitution of India. Hence the interpretation is that each and every legislator must be literate to understand the India`s constitution. The Supreme Court referred back to the constitutional assembly debate and concluded that literacy was never meant to be an extra qualification to be a member of parliament. The purpose behind such an oath was to promote national unity and not to make literacy a pre-requisite condition. Yes. Sometimes if you don’t know the intention behind a law, you can`t come to any particular conclusion about its meaning. If you have access, well and good but many lower courts don’t have access to constitutional debates. An Act or statute may give you two or three lines about its purpose, but if you want to go further you don’t have access to that thing. So, if there is a conflict you will interpret it in a manner as you feel proper. But certain situations demand interpretation using the strict language rule. This has been played by the higher courts in many ways! And since we say that Supreme Court judgment is the law of the land, we are bound to end up in confusion. Let me put forth one example. A question arose whether a company can be prosecuted or not for criminal actions. The punishment prescribed includes both fine and imprisonment. One interpretation was that since a company is not a real person and you can`t throw it in jail, hence only a fine will be imposed. But the Supreme Court said that since you can`t put the company in jail, you can`t inflict the punishment prescribed in the act, hence the ntire proceeding were quashed. Subsequently, after few months another judgment came, in which another company, I`m not sure but maybe Standard Chartered Bank, relying on the earlier judgment, pleaded for the quashing of the procedures. But this time, it was held that although we can`t put you in jail; you are liable to pay the fine. Another important issue is the way a common man interprets a law is very different. Let me put to you an exampl e I came across. In rural areas, when I spoke to some people, they are aware that there is a law that deals with harassment. But for them, harassment is any kind of harassment. A woman claimed since her husband drinks and doesn’t contribute much for the family, he is harassing me. Technically, you can`t stop a person from drinking. They hold very different perception of the same law. Some lawyers take them for a ride. When such women approach them, they suggest filling a suit under sec498 which deals with dowry harassment! This obviously leads to exploitation as they mint money in spite of knowing that no remedy lies in law. Q. Sir, this situation is dangerous. People may develop wrong perceptions that law can`t help them and may lose faith in the system. Doesn’t it demand spreading awareness among people. A. You are right. We do take measures to spread some awareness. For example, we have a regular programme on etv in which a judge tries to answer the queries of the people and explain the remedy to them. I came across a group of LGBT. Although they came from a village, they were well aware about sec 377 and were speaking on how it is unconstitutional. Then they told me how a sensitization programme was carried out by an NGO in Telugu. So, laws aren’t that difficult to understand, if explained properly Q,CLAT[common law admission test] for admission to the National Law schools is conducted in English. Do you think, the exam should be conducted in other regional languages to increase diversity and access? A. You should answer this question better!. Well the entire situation can be summed up in one or two lines. Whether the legal education should be in local language or English? No doubt, the language may act as a barrier. But in a country having about 28 states with different languages, if the Supreme Court has to read from Gujurati to Malayalam, then it would be a nightmare for everybody. The statutes and legislations are in English. An exact translation in any other language is not possible. The exact meaning may be lost. We can`t avoid English. Now, we have got used to a procedure where we use both regional language and English. The legislations are in English, debates, judgments all are in English. As I said, we can`t have literal translation of each and every word. Thus, my point is legal education has to take place in English. But at the same time, I don’t deny that regional language would prove to be beneficial, but practically, you need legal education in English medium. Q. Finally, how do you as a judge, view the connection between law and language? Do you think the efficiency of a judge or advocate would be affected due to lack of knowledge in a particular language? A. I have come across many people who can put forth extremely strong arguments in regional language. But they would have become better lawyers had they been proficient in English. But you will see, many a times being good in English won`t help you if you don’t have a command over the regional language too. When a client approaches with any problem, you should be able enough to connect with them, so that they can openly discuss the issues at hand with them. You can explain the law to them in their language so that they understand better and discuss the appropriate remedy. Many a times, if you want to cross-examine a witness you need to do that in his local language. If the poor guy is not well versed in English, then he may say something with some different meaning, which obviously you see would land him in trouble. Now-a-days we have technological tools in the Internet that help us to translate. That day I wanted to read an article on mediation which was in a language, I wasn’t familiar with. This translation tool helped me to translate it in English and the contents too were satisfactory. So in the contemporary times, with internet you can remove a lot of disadvantages. CONCLUSION The interview was a interesting one for it helped me broaden my horizons on the general public conceptions of law. Sri V. Srinivasa Sivaram rightly pointed out to me the problems that plagued the system, which never came to my notice before. But since this project is about the relation of law and language, I would like to narrow down on that issue. Most of his answers were convincing. English can`t be entirely avoided. With the diversity in languages that we have, what a statute may mean in one language, would mean something else in the other as literal translation is not possible every time. But this doesn’t mean neglecting regional languages. They need to work side-by-side which evidently is witnessed esp. in the working of lower courts. This is so because it is obviously beneficial for public good. All Laws are made for a reason and purpose. They sometimes seek to repair a defect prevalent in the system. So, the courts should move beyond the interplay of words. Legal jargon or legalese needs to be simplified. I would like to quote Mr. Sivaram on this issue. He aptly illustrates why legalese should be restricted. â€Å"One maybe proficient in English, but if they are told to read Physics or Chemistry, then they wont be able to. Law is for the people. It governs and regulates the action and life of the people. Thus, it should be in a way that people can ordinarily understand. How to cite Law and Language, Essays