Wednesday, May 20, 2020
Law Dissertations - Examples - Creditors Interests - Free Essay Example
Sample details Pages: 6 Words: 1670 Downloads: 6 Date added: 2017/06/26 Category Statistics Essay Did you like this example? Example law dissertations for you to study. If you need expert help with your law dissertation, then our professional dissertation writing service is something you should be looking into. Donââ¬â¢t waste time! Our writers will create an original "Law Dissertations Examples Creditors Interests" essay for you Create order We have access to a first class pool of professional law dissertation writers. They have already helped hundreds of students with their law dissertations and now they can help you too! All our law dissertations are custom written to order by a qualified law dissertation writer. Your dissertation will be written by a proven, expert law writer and will be a 100% unique piece of research. Learn more about our fantastic dissertation writing services, we can help with any chapter of your dissertation and offer chapter by chapter delivery on orders over 6,000 words Below is an example law dissertation from our collection of law dissertations. 1 Introduction It is firmly established that directors owe duties to their companies as a whole but not to any individual members or other persons, such as creditors. However, in certain circumstances it has become established in English law, that directors in discharging their duties to their companies must take into account the interests of creditors, on the basis that the interests of their companies encompass the interests of the companies creditors. This duty was first established by the obiter dicta of Mason J. of the Australian High Court in delivering the leading judgment in Walker v. Wimborne where his Honour said: In this respect it should be emphasised that the directors of a company in discharging their duty to the company must take into account of the interests of its shareholders and its creditors. Any failure by the directors to take into account the interests of creditors will have adverse consequences for the company as well as for them. This statement was subsequently taken up by courts in the U.K. with the result that at certain points in the life of a company, its directors may be forced to give consideration to the interests of the creditors. Thus in Lonrho Ltd v. Shell Petroleum Co. Ltd where his Lord Diplock said that it is the duty of the board to do what would be in the best interests of the company and that [t]hese are not exclusively those of its shareholders but may include those of its creditors. In this essay, we investigate whether rationale for this duty, its extent is and finally its limits and scope. 2 The nature and rationale for the duty There has been a considerable amount of discussion as to whether the duty owed by directors is a direct duty owed to the creditors, or whether it is an indirect duty in that the duty is owed not to creditors, but to the company to consider creditor interests. In this regard, it should be noted that while there has been support for the view that the directors owe a direct duty to creditors, the predominant opinion, both within academic discourse and in judgments is that this is not correct. Rather directors owe a duty to their companies to take into account the interests of creditors. While the former provides for a direct duty, the latter allows for an indirect duty, a duty which is mediated through the company. The rationale for this duty lies in the fact if a company is insolvent or doubtfully insolvent then the interests of the company are in reality the interests of existing creditors alone. At this time, because the company is effectively trading with the creditors money, the creditors become the major stakeholders in the company and are, in effect, the real owners of the company; the ownership rights of the shareholders having been expunged as there is nothing over which they have a claim. The creditors, therefore, warrant some form of fiduciary protection. The directors become accountable principally to the creditors as they are the ones to lose out if the company collapses. Consequently, if a company is insolvent, the directors will be held to have acted improperly if they employ funds that are payable to creditors in order to continue the activities of the company. Thus, in situations of insolvency, whilst the doctrine of limited liability shifts the risk of failure from the shareho lders to the creditors, the duty to take account of creditors interests seeks to mitigate the shift. 4 The extent of the duty to protect creditors interests When a company has a significant amount of assets and the debts owed to creditors are relatively minimal then the interests of creditors should not count for a lot because the company will be able to satisfy them. However, where there is some element of insolvency or possibility of it, the situation is significantly different. In this regard, the courts have taken widely differing views. Some have taken the view that the duty of directors only arises when the company is insolvent whilst others courts have taken a broader view and held that the duty arises where the director has knowledge of a real risk of the companys insolvency. While accepting that the duty arises when a company is insolvent, Street C.J. in the frequently cited case of Kinsela v. Russell Kinsela Pty Ltd (in liq) was reluctant to state when the duty arises, save to acknowledge the fact that key factor wasfinancial instability. He held: I hesitate to attempt to formulate a general test of the degree of financial instability which would impose upon directors an obligation to consider the interests of creditors. In my view, it seems that deciding whether the duty to protect creditors interests had arisen will depend on the facts of each particular case. Clearly the courts have held that directors must take into account creditors interests when insolvency exists, but there is significant authority to suggest that this same duty is triggered when a companys solvency is doubtful or even when a company is suffering financial instability, and possibly when directors are contemplating any action which if unsuccessful would prejudice creditors. 3 The purposes and limits of the directors duty to protect creditors interests Actions for breach of duty have been and can, continue to be used to enable liquidators to enlarge the assets available to creditors on an insolvent liquidation. They may also be used to thwart directors from proving in the winding up. Further to that, the duty to take into account creditors interests circumscribes the power of the shareholders to ratify a breach of duty on the part of the directors since whenever the duty arises the law is clear that shareholders are unable to ratify directors actions. Finally, the existence of the duty to consider the interests of creditors means that there is the possibility, because of potential personal liability, that it will act as a deterrent as far as unscrupulous and reckless directors are concerned so that they do not take actions which may well affect creditors rights. Undoubtedly, there are some disadvantages in pursuing a claim for a breach of duty. One of these is that a court is able where the claim is for breach of duty to grant relief to the respondent director under section 727 of the Companies Act 1985. This provision permits a court to, wholly or in part, relieve officers from liability in relation to proceedings for negligence, default, breach of duty, or breach of trust. The court may exercise its jurisdiction under section 727 only if it is satisfied that the person who sought relief had acted honestly, and reasonably, and that, having regard to all the circumstances of the case, he or she ought fairly to be excused. Thus, although the creditor may establish the existence of the duty and its breach by the director, the court may still exonerate him under section 727. Further to that, even if a liquidator obtains an order from the court based on a breach of duty, the problem facing the liquidator is that the order has to be enforced against the directors who may be impecunious, rendering the proceedings useless. Thus, the existence of the duty may turn out valueless invoked as is usually the case when the company has become insolvent. This point stems from the fact that is that there is no plain statement in the case law on directors duties as to when the duty to creditors is triggered. However, the biggest drawback with pursuing a claim for breach of duty probably is the fact that the fruits of a successful claim will be available to any secured creditor who has a floating charge over all present and future company property. 5 Conclusion There is a lot of public policy support for maintaining the existence of the directors duty to protect creditors interests, especially when the companys financial basis is not secure. The protection provided by this duty should help bolster that afforded by other statutory devices such as wrongful trading (section 214 Insolvency Act 1986), adjustment provisions (Part IV Insolvency Act 1986), fraudulent trading (section 213 Insolvency Act 1986) and misfeasance (section 212 Insolvency Act 1986). You can get help with your dissertation right now. Find out more Bibliography Statutes Companies Act 1985 Insolvency Act 1986 Cases Brady v. Brady (1988) 3 B.C.C. 535. Kinsela v. Russell Kinsela Pty Ltd (1986) 4 A.C.L.C. 215. Liquidator of West Mercia Safetywear v. Dodd (1988) 4 B.C.C. 30. Lonrho Ltd v. Shell Petroleum Co. Ltd [1980] 1 W.L.R. 627. Percival v. Wright [1902] 2 Ch. 421. Re Horsley Weight Ltd [1982] 3 All E.R. 1045. Walker v. Wimborne (1976) C.L.R. 1. Winkworth v. Edward Baron Development Ltd [1986] 1 W.L.R. 1512, 1516. Articles Prentice, Creditors Interests and Directors Duties (1990) 10 O.J.L.S. 265. Prentice, Directors, Creditors and Shareholders in E. McKendrick (ed.), Commercial Aspects of Trusts and Fiduciary Obligations (Oxford University Press, Oxford, 1992), 79. Ross, M Directors Liability on Corporate Restructuring in C. Rickett (ed.), Essays on Corporate Restructuring and Insolvency (Brookers, Wellington, 1996), 177. Van der Weide, Against Fiduciary Duties to Corporate Stakeholders (1996) 21 Delaware Journal of Corporate Law 27.
Tuesday, May 19, 2020
Anatomy of the Cerebellum and its Function
In Latin, the word cerebellum means little brain. The cerebellum is the area of the hindbrain that controls movement coordination, balance, equilibrium and muscle tone. Like the cerebral cortex, the cerebellum is comprised of white matter and a thin, outer layer of densely folded gray matter. The folded outer layer of the cerebellum (cerebellar cortex) has smaller and more compact folds than those of the cerebral cortex. The cerebellum contains hundreds of millions of neurons for processing data. It relays information between body muscles and areas of the cerebral cortex that are involved in motor control. Cerebellum Lobes The cerebellum can be subdivided into three lobes that coordinate information received from the spinal cord and from different areas of the brain. The anterior lobe receives input primarily from the spinal cord. The posterior lobe receives input primarily from the brainstem and cerebral cortex. The flocculonodular lobe receives input from the cranial nuclei of the vestibular nerve. The vestibular nerve is a component of the vestibulocochlear cranial nerve. The transmission of nerve input and output signals from the cerebellum occurs through bundles of nerve fibers called cerebral peduncles. These nerve bundles run through the midbrain connecting the forebrain and hindbrain. Cerebellum Function The cerebellum is involved in several functions including: Fine movement coordinationBalance and equilibriumMuscle toneSense of body position The cerebellum processes information from the brain and peripheral nervous system for balance and body control. Activities such as walking, hitting a ball and playing a video game all involve the cerebellum. The cerebellum helps us to have fine motor control while inhibiting involuntary movement. It coordinates and interprets sensory information in order to produce fine motor movements. It also calculates and corrects informational discrepancies in order to produce the desired movement. Cerebellum Location Directionally, the cerebellum is situated at the base of the skull, above the brainstem and beneath the occipital lobes of the cerebral cortex. Cerebellum Damage Damage to the cerebellum may result in difficulty with motor control. Individuals may have problems maintaining balance, tremors, lack of muscle tone, speech difficulties, lack of control over eye movement, difficulty in standing upright, and an inability to perform accurate movements. The cerebellum may become damaged due to a number of factors. Toxins including alcohol, drugs, or heavy metals can cause damage to nerves in the cerebellum that lead to a condition called ataxia. Ataxia involves the loss of muscle control or coordination of movement. Damage to the cerebellum may also occur as a result of stroke, head injury, cancer, cerebral palsy, viral infection, or nervous system degenerative diseases. Divisions of the Brain: Hindbrain The cerebellum is included in the division of the brain called the hindbrain. The hindbrain is divided into two subregions called the metencephalon and myelencephalon. The cerebellum and pons are located in the upper region of the hindbrain known as the metencephalon. Sagittally, the pons is anterior to the cerebellum and relays sensory information between the cerebrum and cerebellum.
Wednesday, May 6, 2020
Eyewitness Identification, Criminal, And Criminal Law Essay
Imagine being at home with your family, when a knock comes at the door. You go to answer the door and you are promptly arrested and taken away from your family. Why, because you have been identified by someone as the perpetrator of a crime you have never heard of. Since you know that you are innocent you donââ¬â¢t worry, until you get to the sentencing. Once you are sentenced for 50 years without parole, reality takes hold. You may think this cannot happen to you, but until we fix some major flaws with law enforcement, prosecution deals, and an overloaded system: This could happen to anyone. State prosecutors should not be able to convict anyone on eyewitness testimony only, without any other physical or forensic evidence. In eyewitness identification, in criminal law, evidence is received from a witness who has actually seen an event and can so testify in court.â⬠(Law.com Legal Online Dictionary) While this could be an important piece of the investigation, it can never take the place of DNA, or forensic evidence. Unfortunately, that happens all too much, with our overburdened legal and criminal justice systems. ââ¬Å"Eyewitness misidentification is widely recognized as the leading cause of wrongful conviction in the U.S., accounting for more wrongful convictions than all other cause combined.â⬠(Boston College Journal of Law and Social Justice, Volume 35:1, p.2) While we have been aware of this problem for many years, innocent people are still being convicted daily. Too many peopleShow MoreRelatedLineups, Show-Up And Arrays In Criminal Investigation Analysis768 Words à |à 4 Pagesshow-ups, and photographic arrays when watching a television show such as Law and Order have witness view se veral people through a one-way glass to identify the person they saw commit the crime. ââ¬Å"According to the Innocence Project, eyewitness misidentification is the greatest cause of wrongful convictions, with nearly 75% of overturned convictions resulting from misidentificationâ⬠(Naito, 2014). However, since I have been working as a law enforcement officer I have never actually seen a lineup performed;Read MoreThe Role of Eyewitness Testimony and the Weapon Effect in a Criminal Investigation 1241 Words à |à 5 PagesEyewitness testimony plays a crucial role in criminal investigations. Thus, it is important to know how to eliminate factors that can negatively impact eyewitnessesââ¬â¢ recall ability. The result of eyewitness misidentification can lead to numerous inaccurate and wrongful convictions. One study suggests that more than 75,000 people a year become criminal defendants on the basis of eyewitness identifications (Schechel, OToole, Easterly, Loftus, 2006, p.178) . Another study has shown that approximatelyRead MoreTo What Extent is an Eyewitness Testimony Credible and Therefore be Used in Court?1732 Words à |à 7 Pagespractitioners alike share a widespread belief that the single greatest cause of wrongful conviction is because of an eyewitness testimony. April 23, 2007, marked the 200th criminal conviction exonerated by DNA evidence in the United States of America. According to www.innocenceproject.org, over 75% of the 200 criminal cases revealed to be wrongful convictions involved a faulty eyewitness testimony. Collectively, these 200 people spent a total of 2,475 years in prison. With factors such as witness memoryRead MoreThe Role Of Eyewitness And Scientific Identifications854 Words à |à 4 PagesAlthough Eyewitness and Scientific Identifications are important tools for the conviction of criminals, eyewitness testimony has proven to be persuasive evidence before a judge or jury but recent years of strong statistical research has pr oven that eyewitness identification is often unreliable. And can lead to atrocious acts such as wrongfully stripping an individual of his God given freedom for the majority of his or her life. Two prime examples of the detrimental impact that identifications have onRead MoreThe Death Penalty And The Criminal Justice System1475 Words à |à 6 Pagesabout the proper procedures used by the criminal justice system to convict a person to live or death. The death penalty has created a public policy issue that has produced wide scholarly research, public debate and legal attention. The reality is that the majority on Americans support the death penalty. Only a small proportion believes that there has to be something done during the investigation and gathering of evidence process to proof that the convicted criminal in is guilty. When a murder is committedRead MorePerry vs. New Hampshire: Case Brief1428 Words à |à 6 Pagesafter seeing Perry, standing next to a parked car near her apart ment. After responding to her call, law enforcement officers request her to point out the suspect and she positively identifies Perry. Following her identification, Perry is arrested and brought for trials at the states local court. Claiming that the witness wrongly identified him, Perry files a motion to suppress the identification, which he terms as unnecessarily suggestive. He files the motion believing that the witness pickedRead MoreVictims Of The American Criminal Justice System851 Words à |à 4 PagesIntroduction Leading up to now, America has been a place where laws, crimes, and other stipulations have a cause and effect. Since Americaââ¬â¢s inception as a free land, in this land people are obligated to follow laws and orders directed by the United States Government. However, many follow the laws and become victims of the American Criminal Justice system. Hence, we have people who become victims of wrong convictions. Wrongful conviction is define as a person who is currently serving a sentence viaRead MoreRape And Murder Of Dawn Hamilton1335 Words à |à 6 Pagesfour main factors: eyewitness misidentification, forensic science error, false confessions, and jailhouse informants, commonly known as ââ¬Å"snitches.â⬠The most common cause of wrongful convictions is eyewitness misidentification, occurring in about 3 in 4 exonerations (Wise et. al.). As stated in the United States Supreme Court Case United States vs Wade, ââ¬Å"The annals of criminal law are rife with instances of mistaken identification.â⬠And this is unfortunately true, because eyewitness memories are malleableRead MoreEyewitness Testimony And The American Psychological Association1580 Words à |à 7 Pageseven before the rise of modern law and judicial practices, eyewitness testimony has been a crucial part in reaching verdicts in court. The opinions and observations of bystanders or active participants in a crime scene are often considered to be very valuable in determining the guilt or innocence of accused individuals. However, there has been a large amount of scrutiny in the law world concerning both misappropriated and untrue testimonies administered in courts of law. Although the testimony of individualsRead MoreEssa y on Eyewitness Identification and Reliable Testimony2502 Words à |à 11 PagesEyewitness identification and testimony play a huge role in the criminal justice system today, but skepticism of eyewitnesses has been growing. Forensic evidence has been used to undermine the reliability of eyewitness testimony, and the leading cause of false convictions in the United States is due to misidentifications by eyewitnesses. The role of eyewitness testimony in producing false confessions and the factors that contribute to the unreliability of these eyewitness testimonies are sending
The Meaning of Life According to Socrates, Epicurus, and Me
The Meaning of Life According to Socrates, Epicurus, and I The Meaning of Life According to Socrates, Epicurus, and I The two philosophers I chose to examine for the purposes of this paper/exercise are Socrates and Epicurus. As stated, these men were exclusively philosophers, while they were also writers and theorists. I chose Socrates because he is a fundamental fixture in Western philosophy. He is respected and read by scholars and professionals all around the world for centuries. Socrates is one of the most famous philosophers who directly influenced a number of other famous philosophers, including those during his lifetime. I chose Epicurus because I was forced by my parents to take Latin. As part of my Latin studies and translations, we had to translate some of Epicurus work. What struck me about him was his sense of humor, as well as being one of the earliest western philosophers who had a concept of atoms and molecules. I am familiar with Socrates in a more general sense because he is so well-known, but I am familiar with Epicurus on a literary and conceptual level. As part of my studies in Latin, I had to translate as well as analyze a number of his works. I have read a few of Socrates texts, as part of assignments for professors, not necessarily out of my own interests. I have had to engage in Socrates works in courses on philosophy, political science, and literature. I have read some of Epicurus texts from start to finish, at first because of assignments,Show MoreRelatedMeaning of Life Essay1392 Words à |à 6 PagesJermaine Smith Period 7 The True Meaning of Life What is the meaning of life? Well known Greek philosphers such as Socrates and Plato believed that our purpose in this life was to gain knowledge in preparation for the next life. Other Philosophers such as Epicurus believed that pleasure is the main goal in life. After giving these ideas lots of thought, I have come to my own conclusion that the true meaning of life is far more complex than either of these; far too complex for any humanRead More Meaning of life Essay1372 Words à |à 6 Pages The True Meaning of Life nbsp;nbsp;nbsp;nbsp;nbsp;What is the meaning of life? Well known Greek philosphers such as Socrates and Plato believed that our purpose in this life was to gain knowledge in preparation for the next life. Other Philosophers such as Epicurus believed that pleasure is the main goal in life. After giving these ideas lots of thought, I have come to my own conclusion that the true meaning of life is far more complex than either of these; far too complex for any humanRead MoreLife after Death, Reincarnation, Resurrection and Immortality of the Soul1735 Words à |à 7 PagesLife after Death, Reincarnation, Resurrection and Immortality of the Soul Belief in life after death has taken many forms, some which are unique in particular religious belief systems, though; others can be found in more than one religion. For most religions, life after death is an article of faith. In Western religions, the belief is founded in scriptural evidence, but for all religions the belief in life after death is the same: life after death has been promised toRead MoreComparing Nietzsche s Vision Of Geothe2856 Words à |à 12 Pagesconsiderations, though, sorting through the tumultuous noise and clutter of the world around me for the some obscured or hidden meaning was not necessary. To me, the noise and clutter is the meaning. I do not live for what is hidden; I live for what is all around me. My experiences are not tools that assist me in find some truth. Rather, they are the truth. In other words the Good in my life is, in fact, life in its entirety. There is no aspect of it I would wish to escape. I seek only to engage moreRead MoreThe Death Of Death And Death1804 Words à |à 8 PagesBoth Socrates and Lucretius have similar outlooks on death, but the reasoning as to why they believe death should not be feared are completely different. Socrates states that death is not dreadful because we do not know what is ahead of us and through this concept arises a term called reincarn ation. Lucretius, on the other hand, says that the soul does not go anywhere when we die and that everything is materialistic. He goes on to say that death does nothing to us because we once started with nothingRead MoreThe Philosophy of Happiness11705 Words à |à 47 Pageslong-term happiness. What he means rather is that if you plan your lifeââ¬âand any sensible person, he thinks, ought to have a plan of life, at 14 Life, Liberty, the Pursuit of Utility least in the form of a set of prioritiesââ¬âyour top priority, your overarching goal, will show what you take to be a worthwhile life, and thus what you mean by ââ¬Ëhappinessââ¬â¢. Indeed, in the light of what Aristotle says, we might offer ââ¬Ëworthwhile lifeââ¬â¢ as the most appropriate translation of his word ââ¬Ëeudaimoniaââ¬â¢. But
Facebook is a necessary evil free essay sample
Facebook in simple terms can be defined as a social networking website that enables around a billion people worldwide to connect with each other via the internet. Following its initiation Facebook was labelled as an essential tool for communication whereas these days it has mostly been used as a tool for practising of evil deeds in the society. We will write a custom essay sample on Facebook is a necessary evil or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Recently Facebook has been used as a tool for unnecessary evil in the society with main examples social uprising to cyber criminals. This essay explores the evil deeds associated with Facebook as a social networking site which includes facilitation a room for phishing crimes and social unrest in the society, spreading of false and potentially unwanted information and lastly lacking of privacy and weighs their values versus the perceived advantages of using Facebook as a communication tool. Firstly, Facebook is a necessary evil as it facilitates room for phishing crimes and social uprising in the society. Recent protests in countries such as Tunisia and Egypt were reported to be fuelled and organised through social networking sites such as Facebook (Lister, 2011). Facebook can also be used as a tool for hackers and burglars to conduct their social activities as it gives them room for easier access to peopleââ¬â¢s personal information. Two thirds of Facebook users unwittingly expose themselves to crime by revealing their personal details. Consequentially without proper regulation Facebook can all but be used as a tool for practising evil deeds in the society. Secondly, social networking sites such as Facebook are a necessary evil as they enable the spread of unreliable and false information in the society. Recent reports suggest that about half of Facebook users have heard or seen false news and information through Facebook. A recent notable event was in 2012 when false rumours of fires, shootouts, and caravans of gunmen in a Mexico City suburb spread via Facebook causing panic and temporary closing of schools (Rodriguez, 2012). As a result of Facebook being freely available news outlets are therefore likely to pick up bogus information that can lead to confusion and panicking among the public. In addition to Facebook being used as a tool for spreading information it can also be said to be a necessary evil as it lacks privacy and expose its users to illegal and unwanted intruders. Due to lack of privacy settings or the public being ignorant or unaware of these settings government and corporate agencies are likely to invade the privacy of these users (McCullagh 2012). Consequently users of Facebook are likely to be exposed to ill-motivated agencies in the absence of adequate privacy settings. Despite the evil deeds associated with Facebook, it can also be a good tool for spreading information faster compared to other Medias. According to Maria (2012) most people are likely to learn about breaking news through the use of Facebook. This can be important especially in times of natural disasters as it can connect rescue teams with victims thereby lessening the impact of these events. Facebook can also be used by students as a tool for discussing educational topics and this can be beneficial in this ever changing technological environment (Kressler, 2012). In spite of Facebook being labelled as lacking privacy law enforcement agencies can also use it to catch and prosecute criminals (Evon, 2012). This is especially useful in connection with cyber criminals. Community members can report suspected criminal activities through Facebook leading to quicker response to crime. In addition to it being used as a tool for catching criminals Facebook can be used in empowering individuals to make social change on a community level. In summary given the above stated advantages of using Facebook to the society as well as considering the evil deeds associated with it, it can be said with certainty that Facebook is clearly a necessary evil. With regard to pros such as a tool for communication these cannot outweigh the known effect of using Facebook without proper regulation which includes social unrest promotion and rise in cyber crimes. For this reasons the main point is that Facebook is a necessary evil and its usage should be controlled through proper and strict regulations/ legislation.
Quotes Describing The Victorian Era In Great Expectation Essay Example For Students
Quotes Describing The Victorian Era In Great Expectation Essay GREAT EXPECTATIONS. By Anne Gilmour. November1996. Of the major themes from Charles Dickens novelGreat Expectations to be discussed as to their importanceconcerning its structure, I have selected Love in thecontext of human relationships, Isolation and finallyRedemption. The loneliness isolation brings can only beredeemed by the loving associate of our fellow man, this is atwo way thing. Had grown diseased, as all minds do andmust and will that reverse the appointed order of theirmaker. In isolation the greatest sin we commit againstourselves and others, is to shun human companionship asMiss Haversham did. After her betrayal in love shehardened her heart towards her fellow man. By hardeningher heart and suppressing her naturally affectionate nature,she committed a crime against herself. Miss Havershamslove for Compeyson is of a compassionate kind, this blindedher to his true nature, as Herbert remarked, too haughtyand too much in love to be advised by anyone. AtCompeysons desertion h er anger and sorrow becameextreme and she threw herself and Satis House intoperpetual mourning and a monument to her broken heart,shutting the world out and herself from the world. Her onlyconcession is in her adoption of Estella. Miss Havershamhas ulterior motives in adopting Estella, this is not a lovingaction on her part, but a calculated manoeuvre to turn thechild into a haughty, heartless instrument of revenge againstmen. Estella is encouraged to practice her disdain on Pipand to break his heart. Paradoxically, Miss Havershamsgreatest sin, is against herself. By hardening her heart sheloses her generous, affectionate nature and becomeswithered inside emotionally. Her punishment is that theheartless young woman she has made, uses her lack offeelings against Miss Haversham. Estella herself is isolated,as for most of the novel she takes pleasure in her role ofavenger. Her isolation is in part responsible for Pipssnobbery and his estrangement from Joe and Biddy. LikeMiss Haversham she becomes a victim of her ownmachinations. She enters into a loveless marriage toDrummle, who is cruel to her. This shows that no matterhow heartless one tries to be, there is always someone moreheartless. The instrument of revenge punishes the avengerand is punished in return. Pip feels emotionally andgeographically isolated on his arrival in London. Jaggersisolation is his deliberate rejection to human involvement, hesubstitutes these with the mechanical process of law. Jaggersuses the legal system to avoid personal responsibility for thefate of his fellow man. This profession has imprisoned hisbetter instincts, leaving him isolated within the system. Magwitch, however, is isolated by the system, he uses Pipas his agent of revenge. Magwitchs motives are not onlyrevenge, but also gratitude for the food Pip gave him in hishour of need. He develops a fatherly affection towards Pip,who in the end returns his affection. It is Magwitch who hasthe best reasons for disbelieving in human companionship,that supported it the most. Love in the context of humanrelationships is best shown through Pip. The relationshipbetween Pip and Joe changed as Pip grew up. As a child,Pip regarded Joe as an equal, though he loved him, I had anew sensation of feeling conscious that I was looking up toJoe in my heart. Though there is love, the snobbish Pip iscritical of Joe, not verbally, but in his thoughts. When Pipattains his Great Expectations, he is embarrassed by whathe regards as Joes commonness and avoids his company. .u7b9eaf3fe808d99d18f5a3d777aeea91 , .u7b9eaf3fe808d99d18f5a3d777aeea91 .postImageUrl , .u7b9eaf3fe808d99d18f5a3d777aeea91 .centered-text-area { min-height: 80px; position: relative; } .u7b9eaf3fe808d99d18f5a3d777aeea91 , .u7b9eaf3fe808d99d18f5a3d777aeea91:hover , .u7b9eaf3fe808d99d18f5a3d777aeea91:visited , .u7b9eaf3fe808d99d18f5a3d777aeea91:active { border:0!important; } .u7b9eaf3fe808d99d18f5a3d777aeea91 .clearfix:after { content: ""; display: table; clear: both; } .u7b9eaf3fe808d99d18f5a3d777aeea91 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u7b9eaf3fe808d99d18f5a3d777aeea91:active , .u7b9eaf3fe808d99d18f5a3d777aeea91:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u7b9eaf3fe808d99d18f5a3d777aeea91 .centered-text-area { width: 100%; position: relative ; } .u7b9eaf3fe808d99d18f5a3d777aeea91 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u7b9eaf3fe808d99d18f5a3d777aeea91 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u7b9eaf3fe808d99d18f5a3d777aeea91 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u7b9eaf3fe808d99d18f5a3d777aeea91:hover .ctaButton { background-color: #34495E!important; } .u7b9eaf3fe808d99d18f5a3d777aeea91 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u7b9eaf3fe808d99d18f5a3d777aeea91 .u7b9eaf3fe808d99d18f5a3d777aeea91-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u7b9eaf3fe808d99d18f5a3d777aeea91:after { content: ""; display: block; clear: both; } READ: WEST SIDE STORY IS DIFFERENT FROM ROMEO AND JULIET EssayPips conscience makes him realise, Joe has moregentlemanly qualities than he himself possesses, his remorsehowever is short lived. When Pips fortunes take a fall he istoo ashamed to approach Joe and Biddy, their love is toostrong however and are there for Pip in his hour of need. InPips relationship with Biddy, he is very condescending, andshows disregard for her feelings, If I could only get myselfto fall in love with you, is a prime example. Pip comparesBiddy to Estella and overlooks her obviously good qualities. After his loss of fortune, Pip decides to honour Biddy bymarrying her. I would go to Biddy. Pip still snobbishlythought Biddy would be glad to marry him. However, Biddyhas married Joe. Though she was once half in love with Pip,Biddy recognised his obsession for Estella and wisely soughta partner elsewhere. Biddy and Joe share the same valuesand are ideal partners. Herbert and Clara, Mr Wemmickand Miss Skiffin and Mr and Mrs Pocket have loving steadyrelationships. Pips sexual attraction towards Estella is moreromantic ideology than genuine love. He envisions Estella asa captive princess and himself as the heroic knight, only hecan awaken love in her heart. Even though Estella tells him,I have no heart, he does not believe her. Does Estellabelieve what she says or is she trying to convince herself? Isshe using her unattainability to perversely keep Pipsinterest? Redemption is attained by Miss Haversham whenshe humbles herself to ask Pips forgiveness. After thecruelty she has endured at the hands of Compeyson, Estellaemerges a more compassionate person. Pips forgivenessand love from Joe, Biddy and Magwitch. He endureshardship and triumphantly emerges a mature, thoughtfulperson. The themes of Love, Isolation and Redemption arethe structure the other themes hang from. The loneliness ofisolation is the beginning; love is the food that staves it offand redemption is the final cleansing. Love is the backboneof the novel, the thing that binds the others together,redemption is its conclusion. There has to be love or thecharacters would not be able to interact, if there were onlyisolation each characters tale would be a separate piece ofwork. All good novels have a moral to relate and involvelove and redemption. By Anne Gilmour. All commentswould be welcome as I am studying for exams.
Subscribe to:
Posts (Atom)