The peyote plant Essay Example For Students

The peyote plant Essay Drug use has always been a topic of controversy, especially when it pertains to religion. One particular drug that has been brought to the attention of the federal government is Peyote. Peyote is a drug that has been used by the Native Americans for thousands of years. This drug, Peyote which has caused much controversy over the years has recently been reconsidered for legal use. Probably the most famous New World hallucinogenic plant is Peyote,(Lophoproria willamsii), a small spineless cactus, native to the Rio Grande Valleyof Texas. Also in the northern and central parts of the Mexican Plateau Region. Another species (Lidiffuss) is native to the Mexican State of Quertono. The rounded, gray-green stem crown (top) is radially divided into sections, eachoffering a small meristematic region (called an areole) from which arises a tuft of hairs. The crown tapers into a thick carrot-like root that extends into the ground(Mescal Bean N. Pag.). There are many different chemicals in the Peyote cactus, the main one being mescaline. Mescaline, which can be made in a lab, was isolated in 1919, resembling epinephrine, the adrenal hormone (Peyote 1 Pag). We will write a custom essay on The peyote plant specifically for you for only $16.38 $13.9/page Order now The Peyote cactus contains more than 50 different alkaloids, but the most active hallucinogen is mescaline. Mescaline has a chemical structure similar to the brainneurotransmitter dopamine (MescalBean N. Pag.). It is also structurally similar to the neurohormone norepinephrine (noradrenaline) and to the stimulant amphetamine. In the Peyote cactus, mescaline is formed in a complex path way from the Amino Acid tyrosine. Mescaline provides psychologic disorientation with brilliant, ever changing colors. Mescaline hallucinations produce audio visual affects, double personality, derealization (loss of sense of reality of environment) and depersonalization (shattered personality). Peyote was dried and eaten by Southwest Indians at religious services for sense of well being, hallucinations (visions) and trances (Peyote N. Pag.). Native Americans use this drug as part of their religious ceremonies. The users slice off and eat peyote crowns fresh or dried. Peyote buttons last years, swallowed whole or drunk in tea. According to Clairdone, large amounts of peyote can induce hallucinations, adherents say the quantities normally taken in religious rites bring on only an introspective mood that gives the user insight to the spiritual world. This is not something American Indians have made up in the past hundred years. Mescal Beans have been discovered in Indian sites dating before A.D. 1000, and from one site dating back to 1500 B.C. (Mescal Bean N. Pag.). Ever since the arrival of the first Europeans in the New World, Peyote has provoked controversy. Supression and persecution (Scnultes N. Pag.). Peyote, in its natural state is not a dangerous drug, however, synthetic peyote causes harmful side effects. According to the article Peyote 1 and magic Mushrooms, Synthetic peyote lowers blood pressure, depresses the central Nervous system and kills by respiratory failure. Since Peyote is a drug that produces hallucinogenic affects, the military reached an agreement with the Native American church to honor the use of peyote for Native Americans in the Military, except for those who operate nuclear weapons. Other restrictions were said to include a prohibition against the use of peyote on military vehicles, aircraft, or ships; a requirement to stop using the drug 24 hours before returning to active duty. According to Clairdone, Church sources said fears of hallucinogenic flashbacks that were raised by officials of the Strategic Air Command de layed formal implementation of the draft rules and raised bitter resentment among devout native Americans who use peyote as a sacrament. Individual states had made laws that honoredthe peyote ritual, but peyote was still considered an illegal drug. According to Guy Mount, in his article, Peyote and the Law, Three states have exempted peyote from controlled substance prohibitions, and do permit the Bona-Fide sacramental use of peyote by non-Indians who are members of an established church: these are New York, Arizona, and New Mexico. A recent decision by the Supreme Court of the United States (1990) makes it clear that we do not have a Constitutional right to use any controlled substance as a religious sacrament. Instead, each state has the right to pass laws which honor the peyote religion, or continue to suppress it. Peyote is significant to Native American religious rituals and has been approved by the government for that purpose. On the legal front, Native Americans are secure in their right to use peyote for religious purposes (Glazer N. Pag.). According to the article Peyote Bill Signed, President Clinton signed into law on Oct. 6 2000, that guarantees the right of Native Americans to possess, transport, and use peyote in the course of traditional religious ceremonies. The bill passed the Senate on September 27, and passed the house August 8 by a voice vote. The bill was introduced by congressman Bill Richardson (D-Wm) and garnered bi-partisan support as well as support from the Drug Enforcement Administration (DEA). .u7700ad1127d6bfb1aed2838672e414a5 , .u7700ad1127d6bfb1aed2838672e414a5 .postImageUrl , .u7700ad1127d6bfb1aed2838672e414a5 .centered-text-area { min-height: 80px; position: relative; } .u7700ad1127d6bfb1aed2838672e414a5 , .u7700ad1127d6bfb1aed2838672e414a5:hover , .u7700ad1127d6bfb1aed2838672e414a5:visited , .u7700ad1127d6bfb1aed2838672e414a5:active { border:0!important; } .u7700ad1127d6bfb1aed2838672e414a5 .clearfix:after { content: ""; display: table; clear: both; } .u7700ad1127d6bfb1aed2838672e414a5 { 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; } .u7700ad1127d6bfb1aed2838672e414a5:active , .u7700ad1127d6bfb1aed2838672e414a5:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u7700ad1127d6bfb1aed2838672e414a5 .centered-text-area { width: 100%; position: relative ; } .u7700ad1127d6bfb1aed2838672e414a5 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u7700ad1127d6bfb1aed2838672e414a5 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u7700ad1127d6bfb1aed2838672e414a5 .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; } .u7700ad1127d6bfb1aed2838672e414a5:hover .ctaButton { background-color: #34495E!important; } .u7700ad1127d6bfb1aed2838672e414a5 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u7700ad1127d6bfb1aed2838672e414a5 .u7700ad1127d6bfb1aed2838672e414a5-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u7700ad1127d6bfb1aed2838672e414a5:after { content: ""; display: block; clear: both; } READ: The Tempest: Caliban Unjustly Punished EssayThe passing of H.R. Y230, a bill amending the American Indian Religious Freedom Act into U.S. law, states that no federal government can enforce a law restricting traditional religious use of peyote by a member of an Indian tribe,Recognized by the United States Government (Glazer N. Pag.). In the article Peyote Okd, Non-native Americans were prosecuted for participating in the peyote ritual, but were acquitted because of the first amendment rights. The case concerned two drug counselors who lost their jobs for using peyote during Native American church religious rites. The court ruled that by denying these men their jobless benefits, the state violated the mens First Amendment right to freely practice their religion. After many years of controversy over the use of the peyote cactus, the American Federal government had finally accepted the use of peyote by native Americans, and has created a federal law which protects the religious rights of the people of the native American church. The victory over the battle of the use of peyote for native Americans is a giant step in regaining their heritage from its degradation by the American government. The legalization of peyote proves that not all drug uses are bad. Reconsidering peyote for legal use opens the door to other drug s, which may have been overlooked and improperly categorized as dangerous or harmful substances. Bibliography:Works CitedClaiborne, William. Military, Indian Church Agree On Peyote Online Availablehttp://www.seattletimes.com/news/nation-wo/peyo_19990630.htm,May 16, 2000. Glazer, Mark. Peyote among Huichols and Native American Church Members. Online Available http://www.panam.edu/dept/psychanth/peyote.htm, May 16, 2000. Mount, Guy. Peyote and the Law. Online Available http://www.druglibrary.org/Schaffer/lsd/peylaw.htm, May 16, 2000. The Mescal Bean and The Peyote Cactus. Online Available http://daphne.palomar.edu/wayne/ww0703.htm#peyote, May 16, 2000. Peyote 1 and Magic Mushrooms Online Available http://www.geocities.com/capitolhill/lobby/5418/dd-peyote1.html, May 16, 2000. Peyote Bill Signed. Online Available http://ndsn.org/nov94/peyote.html, May 16, 2000. Peyote Okd in Indian Rites. Online Available http://www.ifas.org/fw/8901/peyote.html, May 16, 2000. Schultes, Richard E. and Albert Hoffman. The Tracks of Little Deer. Online Available http://www.peyote.org/, May 16, 2000.

Blackwater Draw - 12,000 Years of Hunting in New Mexico

Blackwater Draw - 12,000 Years of Hunting in New Mexico Blackwater Draw is an important archaeological site associated with the Clovis period, people who hunted mammoths and other large mammals in the North American continent between 12,500–12,900 calendar years ago (cal BP). When Blackwater Draw was first inhabited, a small spring-fed lake or marsh near what is now Portales, New Mexico was populated with extinct forms of elephant, wolf, bison, and horse, and the people who hunted them. Generations of many of the earliest occupants of the New World lived at Blackwater Draw, creating a layer cake of human settlement debris including Clovis (radiocarbon dated between 11,600–11,000 [RCYBP]), Folsom (10,800–10,000 years BP), Portales (9,800–8,000 RCYBP), and Archaic (7,000–5,000 RCYBP) period occupations. History of Blackwater Draw Excavations Evidence of the earliest occupation at what was to be known as the Blackwater Draw site was sent to the Smithsonian Institution in 1929, but full-scale excavation didnt happen until 1932 after the New Mexico roads department began quarrying in the neighborhood. Edgar B. Howard of the University of Pennsylvania Museum conducted the first excavations there between 1932–33, but he was hardly the last. Since then, excavators have included many of the best archaeologists in the New World. John L. Cotter, E. H. Sellards and Glen Evans, A.E. Dittert and Fred Wendorf, Arthur Jelinek, James Hester, and Jerry Harbour, Vance Haynes, William King, Jack Cunningham, and George Agogino all worked at Blackwater Draw, sometimes ahead of the sporadic gravel mining operations, sometimes not. Finally, in 1978, the site was bought by Eastern New Mexico University, who operate a small onsite facility and the Blackwater Draw museum, and to this day conduct archaeological investigations. Visiting Blackwater Draw Visiting the site is an experience not to be missed. In the intervening millennia since the prehistoric occupations of the site, the climate has dried out, and the remnants of the site now lie 15 feet and more below the modern surface. You enter the site from the east and wander down along a self-guided path into the depths of the former quarry operations. A large windowed shed protects the past and current excavations; and a smaller shed protects a Clovis-period hand-dug well, one of the earliest water control systems in the New World; and one of at least 20 total wells on-site, mostly dated to the American Archaic. The Blackwater Draw Museum website at Eastern New Mexico University has one of the best public programs describing any archaeological site. Go see their Blackwater Draw website for more information and pictures of one of the most important Paleoindian archaeological sites in the Americas. Selected Sources Andrews, Brian N., Jason M.  Labelle, and John D. Seebach. Spatial Variability in the Folsom Archaeological Record: A Multi-Scalar Approach. American Antiquity 73.3 (2008): 464–90. Print.Boldurian, Anthony T. Clovis Type-Site, Blackwater Draw, New Mexico: A History, 1929–2009. North American Archaeologist 29.1 (2008): 65–89. Print.Buchanan, Briggs. An Analysis of Folsom Projectile Point Resharpening Using Quantitative Comparisons of Form and Allometry. Journal of Archaeological Science 33.2 (2006): 185–99. Print.Grayson, Donald K., and David J. Meltzer. Revisiting Paleoindian Exploitation of Extinct North American Mammals. Journal of Archaeological Science 56 (2015): 177–93. Print.Haynes, C. Vance and James M. Warnica. Geology, Archaeology, and Climate Change in Blackwater Draw, New Mexico: F. Earl Green and the Geoarchaeology of the Clovis Type Site. Eastern New Mexico Contributions in Anthropology 15, 2012Seebach, John D. Stratigraphy and Bonebe d Taphonomy at Blackwater Draw Locality No. 1 During the Middle Holocene (Altithermal). Plains Anthropologist 47.183 (2002): 339–58. Print.

Conflict in Sierra Leone -Research Paper- Research Paper

Conflict in Sierra Leone - - - Research Paper Example The role of MNC’s and FDI in both developing and developed countries cannot be disputed; however, they have a participatory and perpetuating role in the conflicts within mineral rich regions of the world, such as Sierra Leone. The Role of Multinational Corporations in the Sierra Leone Conflict Introduction Natural resources have been a very critical source of national wealth and pride since the beginning of regionalization and the pre-colonization era. Nations and civilizations alike have gone to war – both internally and externally – for the sole occupation over and exploitation of natural resources. Under the modern globalized trading environment, countries endowed with natural resources ranging from minerals, oil, wildlife, gas and so forth have been able to accrue revenues from exploration and trade of said minerals with other countries of the world. Foreign exchange earned from the legitimate trade in the resources has been a critical drive for economic deve lopment providing employment and revenues to governments for the provision of essential public services including education, infrastructure and national security. Another significant impact of the globalization of trade and production, as well as the relative ease of mobility of capital compared to labor, is the emergence of business entities that are operated across borders, regions and continents but have a central office in the homeland from where all its global management is conducted. Such entities are often referred to as multinational or transnational corporations or enterprises (Garry & Litan, 1998). A more direct definition of multinational corporations (MNCs) would perhaps best be obtained by linking the business organization to the type of trade that it is involved in. Therefore, this being the case, a multinational corporation is a firm that has created a global presence by participating in direct foreign investments, in specific or several industries. Such global â€⠀œ often private – firms and international institutions are presently observed to be primary actors and vital agents for the transformation of the state, region and international political, social and economic environment. The question, therefore, is: How do MNCs develop ties with government, if such ties even exist? In an ever increasing competitive landscape, countries of all levels of development –particularly through their governments – are emphasizing policies and channeling resources into new ways of attracting foreign direct investments into their countries. This is in line with the high prioritization of both micro and macroeconomic goals including sustained high levels of economic growth, stability of inflation and foreign exchange, increased employment and improved standards of living for the total population. Multinational corporations play a significant role in the efficiency and growth of the economy by contributing to the availability of capital re sources for global investment purposes (Held & McGrew, 2007). Sierra Leone is located at the south-western part of West Africa between the seventh and tenth latitudinal parallels north of the Equator. It has a land mass measuring approximately 71,740 square kilometers and a total coastline of 402 kilometers (www.nationsencyclopedia.com, 2012). It is most difficult to measure the exact population in Sierra Leone due to the long and deadly civil war that mushroomed since 1991, stretching to the early

Construction method statement and risk assessment Research Proposal

Construction method statement and risk assessment - Research Proposal Example The study will also measure the impact on river life. Steps can be taken to reduce negative impact by designing the diversion channel to incorporate features. 1. Installation of welfare and sanitary facilities for workers on site. Risk assessment at this stage: Assessment of risks including financial risks associated with a cost plus contract, ecological risks, and competency risks associated with improper / insufficient training. The sequence of execution for the project: Setting out of the channel according to the design, including the location of the foot over bridge, and access and surrounding development. Blocking of area around start and end of diversion on river bed by creating rock levy. That shall be extended later to block the river. 1. Excavation of the diversion channel to correct depth and dimensions. Pouring plain concrete at bottom of diversion channel, and spray concrete along sides. 2. 3. Reinforcement and shuttering for sides and bottom of channel. 4. Shuttering and formwork with correct alignment and levels. Poring of concrete into formwork, and vibration to reduce air pockets within poured concrete. 5. Pouring and installation of foot overbridge using a 4 bag mixer (assuming channel width of approximately 10m). Surrounding development including walkways, plantation and safety / guardrails. Installation of lighting as required. Installation of metal ladders and other safety features to diversion channel. Painting of levels on channel sides. Provision of monitoring office to oversee operation during defect liability period. Flow testing. Commissioning. Blocking of existing riverbed at both ends. Apart from Health and safety issues as enumerated above, working with or in water involves risks arising due to the following: Water stagnation or flow. Fluctuation in levels and flow rates, either seasonal or daily. Tides, in case of proximity to see. Weather changes, including rain in upriver catchment areas. Diseases. Other users of water including boats, people, structures. Impact on plant and animal life. Some other general measures to mitigate health and safety risks for the project are: Flood warning system and foghorn. Public address system. Constantly available means of escape and evacuation for workers on site. Access to weather information in real-time. Study of soil

Description of 5 microbial diseases Essay Example | Topics and Well Written Essays - 1000 words

Description of 5 microbial diseases - Essay Example B. bifidum produces vitamins like B6, B9 and B12 – a deficiency of these vitamins may lead to anemia. Bifidobacterium longum : Most of this bacteria is found in the colon but it also inhabits the stomach. It contributes to our organism by helping maintain equilibrium of intestinal flora, preventing intestinal tumors, and increasing the availability of food nutrients. Lactobacillus rhamnosus: This bacteria is known for its ability to survive under harsh conditions in the digestive system and urinary tract. It can help the organism fight against inflammation and infections by increasing virus and â€Å"bad† bacteria resistance. It is believed that L. rhamnosus helps the prevention of allergies and intestinal hypersensitivity. Bacillus coagulans: This gram-positive bacteria helps improve the vaginal flora, reliefs abdominal pain and bloating in people who suffer from Irritable Bowel Syndrome, and increases immune responses against viruses. Leprosy, also known as Hansens disease (HD), is a chronic intracellular bacterial infectious disease caused by a microorganism that mainly targets the skin and peripheral nerves. This disease has a sad past because people who had it were usually discriminated against and isolated from society. Today, however, it can be treated and cured. It is transmitted from one person to another. The contaminated germs can be expelled from one person through the mouth and inhaled by another individual, penetrating the nasal mucosa. The microorganism can also enter the body through open wounds in the skin. In this case, intimate and prolonged contact is necessary. That is why it is very important that family members of the individual diagnosed with leprosy be tested for the disease. The form that HD will be manifested will depend on the host immune response to the bacillus that causes the disease. Leprosy can be classified in five different forms from mild to severe: Indeterminate leprosy

The Doctrine Of Judicial Precedent Law Essay

The Doctrine Of Judicial Precedent Law Essay Judicial precedent also called case law. It is the system adopted by judges where the judges follow previous decisions.1It simply means that the previous decision made by judges in similar cases are binding upon future cases depending on the hierarchy of the court. Therefore, under judicial precedent, a lower court is bound to follow the decision made by a higher court when there is a case which has similar material facts to a case that has decided by a higher court. Whether or not the decision is correct, a court is bound to follow the ratio of any decision by a court above it in the hierarchy. For example, according to the hierarchy of the court system in Malaysia, Court of Appeal, High Court and Sessions Court is under Federal Court. Therefore, Federal Court decision automatically binds the Court of Appeal, High Court and Sessions Court. The diagram of hierarchy refers to appendix 1. In English Law, the system of binding precedent is called stare decisis. The principle of stare decisis involves ratio decidendi and obiter dictum. Ratio decidendi is the legal principle of the case which is binding on the lower courts. It is also the reason for deciding.2 Nevertheless, obiter dictum is not binding on the lower courts. Obiter dictum is comments made by the judges.3It means that incidental remarks by a judge which is persuasive only.4 Therefore, the judges have the choice whether to follow or not to follow. If the judges is setting a new precedent and merely making new law because there is a case before him is without precedent then it is called original precedent. However, is the judges is just merely applies an existing rule of law then it is called declaratory precedent. In the case of Donoghue v Stevenson 5, it is about the plaintiff, Mrs Donoghue went to a cafà © with a friend, who had bought her a drink of ginger beer. She had poured some of the drink into a glass and consumed it. After drinking most of it, she found a decomposed snail inside the bottle while she drinking the ginger beer. After that, Mrs Donoghue became unwell and ill. So, she decided to sue the manufacturer of the ginger beer who is the defendant. On that time, the usual remedy for damage caused by a defective product would be an action in contract. Nevertheless, Mrs Donoghue did not have any contract with the manufacturer of ginger beer even the cafà © owner. The one who have contract with the cafà © owner is Mrs Donoghues friend. This is because the ginger beer is bought by her friend but not Mrs Donoghue herself. Although Mrs Donoghues friend have contract with the cafà © owner, her friend also cannot sued for remedy damage because her friend did not get hurt by the ginger beer. As ginger beer was not a dangerous product, and the manufacturer had not fraudulently misrepresented it, the case also fell outside the scope of the established cases on product liability. 6 The House of Lords had state that the manufacturer of ginger beer owed a duty of care to the Mrs Donoghue. The manufacturer of ginger beer must have duty of care to the end customer of its products. In this case, the manufacture of ginger beer had breached the duty of care. Therefore, Mrs Donoghue is entitled for the remedy of damages. This case is binding on the lower courts because this was a unique case it was decided to first establish. Once this ratio or legal precedent was established other similar claims are followed. After that, there is another case which is Grant v Australian Knitting Mills Ltd .7 This case is closely related to the Donoghue v Stevenson case. In Grant v Australian Knitting Mills Ltd case, Dr Grant, the plaintiff had bought an undergarment from a retailer. The undergarment is manufactured by the defendant, Australian Knitting Mills Ltd. Dr Grant was contracted dermatitis. The undergarment was in a defective condition owing to the presence of excess of sulphite. It was found that the manufacturer had been negligently left in it in the process of manufacture. In this case, the buyer sued the retailer in contract and the manufacturer in tort. The Privy Council held that the defendants were liable to the plaintiff although there is no privity between Dr Grant and the manufacturer. The decision of this case is bound to the Donoghue v Stevenson case since there are similar cases. Here, In 2010, Mr. Justice Peter, a higher court judge sitting alone in deciding a case which has similar material facts to one decided by the Court of Appeal in 2009. Based on the explanation of doctrine of judicial precedent and the example of cases above, therefore, he is bound to the decision made by the Court of Appeal. ______________________________________________________________________________ TAR College Note TAR College Note TAR College Note Text book, Principles of Business and Corporate Law, Malaysia, pg 20 [1932] AC 562 Text book, Principles of Business and Corporate Law, Malaysia, pg 339 [1936] AC 85 Question 1(b) There are some strengths and weaknesses of case law as a source of law. The first advantage is uniformity. Everyone is treated equally1 and will get same punishment for the same case or offence. For example, in the case of Donoghue v Stevenson (1932) AC 562, the decision is Mrs Donoghue is entitled for the remedy of damages in the case. Therefore after that, this case is bind. So when there is case which has similar facts with this case Grant v Australian Knitting Mills Ltd (1936) AC 85, the plaintiff is entitled for the claims of damages by following the case of Donoghue v Stevenson. There is uniformity as everyone is treated equally and it is fair for them. The second advantage will be certainty. There is certainty because if the problem has been solved before, the court is bound to adopt or follow the solution.2 Thus, the lawyer can do the research so that they can advise or tell more accurately to their client the punishment of the case. When Grant v Australian Knitting Mills Ltd (1936) AC 85 happened, the lawyer can roughly know what is the punishment or solution to settle up this case as previously there is a similar case Donoghue v Stevenson (1932) AC 562 happened and the judges have to bind and follow the decision. Predictability is the third advantage. This is because when there are cases that have similar materials facts with the previous cases, the lawyers can roughly know what is the outcome of the new case. By forecasting the outcome of the case, the lawyers can tell their clients the percentage of the winning rate. [Donoghue v Stevenson (1932) and Grant v Australian Knitting Mills Ltd (1936)] So, the lawyer can refer to Donoghue v Stevenson (1932) and tell their clients what is the percentage of winning the case and what are the solutions for that case or is it worth to continue up this case. Besides, the other advantage of case law is less legal cost incurred. This is because the case can be resolved and settled quickly3. When there is a decisions made by judges previously on similar material facts, they can save money. This is because there already have the previous examples, so they can settle the case quickly as they can follow the decisions of the previous one. Then this can shorten the duration of the case, and this can help to save up the legal costs that need to be paid. Other than that, personality of the judges will not influence the outcome of a dispute in court as judges will be bound to follow the previous decisions.4 When there is judicial precedent, the judges cannot make the decision by its own thinking or idea which might influence the offender future. This is because every person got their own personalities, included the judges themselves. So one of the advantages is the judges have to follow the previous decisions. So that everyone will get the same punishment and this is fair for everyone. On the other hand, case law has its disadvantages too which we known it as weaknesses. One of the weaknesses is bulky and complex. Sometimes there are too many cases and too many laws that no one can learn all of it.5 When there is a case happened which have the similar material facts with previous one, the lawyer has to refer to the previous case. When lawyer need to read all the cases and refer to them, it is quite complicated for lawyers as they do not know what is the best reference. For example, in the case of Phillips v Brooks [1919] 2 KB 243 Horridge J and Ingram v Little [1960] 3 All ER 332, CA. The results of these 2 cases are different, but there are similarity facts. Then, in the next case [Lewis v Averay [1971] 3 All ER 907, CA] the judges decided to follow the decision of Phillips v Brooks and doubting Ingram v Little. If the lawyer feels that the chance of winning is higher after see the result of case Ingram v Little, at the end it might disappointed them. So, it is so complicated and bulky for the lawyers as they cannot decide which one is the best refe rence for them. In addition of that, sometimes it is rigidity or not flexible which means that it may sometimes cause hardship.6 Once it is created it is binding until it is being overruled.7 When there are bad decisions made on previous cases, the new case which has the similar material facts with it has to follow the bad decision too. It is so unfair for them. Lastly, we know that only the ratio of the case is binding in a case.8 So the weakness of case law is sometimes the ratio decidendi of a case is very difficult to find. So the problem occurs when it is very difficult to tell which part is the ratio decidendi and which is the obiter dictum of the case. For example in the case of Donoghue v Stevenson (1932) AC 562, the House of Lords said the manufacturers had a duty of care to the consumer of their product. Then, this decision that the House of Lords made is certainly encouraging subsequent judges to break out of the shackles of the past, it was thought at the time to be obiter and was regarded as too wide a statement of the law. However, it was approved by Lord Reid in Home Office v Dorset Yacht [1970] 2 All ER 294 by saying that it is ought to apply unless there is some justification or valid explanation for its exclusion. Thus, the principle is now treated as ratio at least in relation to physical injury and damage to property whic h subject to certain limitations. So, sometimes it is difficult for the judges to decide which part is ratio and need to follow or not. ______________________________________________________________________________ 1. TAR College Note 2. TAR College Note 3. TAR College Note 4. TAR College Note 5. TAR College Note 6. TAR College Note 7. TAR College Note 8. TAR College Note

Ideology Essay -- British Politics

Ideology has played an important part in British politics for centuries. It played a part in the setting up of the three major parties as we know them today. Ideology is difficult to define as it is such as widely and loosely used term. Andrew Vincent as well as many other authors, Vincent describes ideology as, ‘the term ’ideology’ was a neologism compounded from the Greek terms eidos and logos. It can be defined as a ‘science of ideas’ (Vincent: 2009:p.1). Even from this definition it is difficult to fully understand the term ‘ideology’ as it has such a broad definition. The changing nature of British politics in the post-war era contributed to the level of importance that ideology had during this period. The post-war period became none as an era of consensus politics, the post-war consensus has been described by David Marsh as, ‘a distinct policy paradigm which shaped the strategic choices of Britain's leading political actors as they sought to build and then to preserve a 'New Jerusalem' from the damage created by the war’ (Marsh: 1999:p.67) this so called post-war consensus definitely played a part in the removal of ideology from British politics. Although the post-war consensus did remove the importance of ideology in British politics, there were periods within the post-war consensus where new ideologies emerged. Ideology was important in Clement Attlee’s government, which had a socialist policy agenda through the creation of the NHS and the advancement of the welfare state, in the 1980’s through the emergence of Thatcherism, as well as the creation of ‘New Labour’ in 1997 and even the current government can be seen as ideological. This essay will first look at the important role that ideology does have to play, and has play... ...the war. Although there has been times when ideology may be seen as unimportant, such as the post-war consensus, this can be seen as an ideology in itself due to the ambiguity of the term, as Hickson writes, ‘both the Labour and Conservative parties accepted the ideology of social democracy’ (Hickson: 2004: p.143). Therefore it is only fair to say that ideology has been important in British politics in the post-war era. Thatcher, Attlee and Blair were clearly ideologically motivated as their policies showed, but the post-war consensus can also be seen as a period of ideology that the major parties agreed on, and even the current government can be seen as promoting a new kind of ideology of compromise, ideology has and will continue to play an important role in British politics for centuries to come as ideologies adapt and evolve to fit the political circumstances.